ML20204B773
| ML20204B773 | |
| Person / Time | |
|---|---|
| Issue date: | 06/29/1978 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| References | |
| SECY-78-360, NUDOCS 7811020330 | |
| Download: ML20204B773 (110) | |
Text
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June 29,1978 SECY-78-360 COMMISSIONER ACTION For:
The' Commissioners From:
James R. Shea, Director Office of International Programs Thru:
Executive Director for Opp ati s
Subject:
PROPOSED LICENSE TO ORT HIGH-EN ICHED URANIUM TO ROMANIA (APPLICATI0 NM-885)
Discussion:
The subject export a ica
, filed in February 1976 (Appendix C) requests authority to export to Romania, for use in a US-provided research reactor at the Colibasi Nuclear Center near Pitesti, 44.4 kilograms of 20 percent enriched uranium and 55.3 kilograms.of 93 percent enriched uranium, as well as additional small amounts of.special nuclear material in fission chambers and byproduct material in a neutron startup source.
Central issues addressed in this paper in connection with this application, beyond compliance with statutory require-ments, include (1) the relatively large amount of HEU involved in fueling what would be the first US-provided HEU reactor to come on line since recent US HEU policy adjustments; (2) the nature of the commitments by the US to provide this fuel; and (3) the possibility of using LEU instead of HEU in the reactor.
Information on the research reactor in which the material covered by application XSNM-885 is to be used was presented in SECY-77-623.
Among other things, that memorandum noted that:
1.
The facility in which the fuel will be used is a new type dual core TRIGA, consisting of a 14 megawatt TRIGA steady-state reactor (SSR) and a TRIGA annular core pulsing reactor (ACPR) installed in a common reactor 78110.3 0330
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- Discussion:
2.
Initial core loading and minimum spares, which would (continued) permit two years of operation of the SSR, would require about 38 kilograms of 93 percent enriched uranium.
3.
The ACPR core calls for about 44 kilograms of 20 percent enriched uranium, which would probably last longer than 20 years and should not require replacement.
The Executive Branch's April 19 analysis (Appendix B) notes l
that:
1.
The applicant has confirmed that during the first one-to-two years of operation only the initial core plus six spare fuel elements, containing 38.675 kilograms of 93 percent enriched uranium altogether, will be needed.
j 2.
Consistent with US policy of minimizing unirradiated high-enriched uranium inventories, the Executive Branch is recomending that this export be limited to that necessary for reactor startup and 1-2 years of operation (plus six spare fuel elements), or a' total of 38.675 kg of high-enriched uranium (in addition to the ACpR fuel and the material in the fission chambers and startup source).
3.
The applicant has indicated willingness to submit a request for authorization to export the remaining fuel when actually needed as an application to amend the original license.
4.
The Executive Branch recommends this approach to allow expeditious processing of the subsequent application and to avoid the implication tnat the Executive Branch is recommending at this time denial of a portion of the current export license rather than deferral until needed.
The staff findings (Appendix A) note that the TRIGA research reactor in which the nuclear material is to be used was exported to Romania in June 1973 (XR-91).
The reactor is to be used for long-term testing of power reactor fuel and fuel components in development of a power reactor fuel fabri-cation capability as well as for production of radioisotopes.
For the Commission's information the staff notes that Romania plans to construct a hot cell facility (similar to the Hot Fuel Examination Facility at the Argonne facility in. Idaho) j imediately adjacent to the reactor ~ room as part of the Romanian program to develop an autonomous capability to.
manufacture nuclear power reactor fuel.
Such a facility I
could also be used to extract very small quantities (i.e.,
grams) of plutonium.
General Atomic submitted a proposal
l
. Discussion:
to design and construct the hot cell.
The proposal was (continued) discussed extensively within the US Government and the contract was never completed.
We understand that Romania recently awarded the contract to a French firm.
(The staff can provide further details on this matter on a classified basis if the Commission wishes.)
l This TRIGA would be the first HEU-fueled research reactor provided by the US to be started up since recent adjust-ments in US policy regarding highly enriched uranium to require detailea economic and technical justification for such exports, as well as Presidential approval for exports of over 15 kg.
This case is also unique since it would be the first major US nuclear fuel export to a Communist country.
In addition the fuel shipment would be supplied pursuant to the US-IAEA Agreement for Cooperation since there is no bilateral agreement for cooperation between Romania and the United States.
In view of factors such as those above the staff looked into the nature and extent of US commitments to Romania to provide the fuel for this TRIGA reactor.
As noted in SECY-77-623 and Appendix B, various commercial contracts for supply of the fuel as well as the Romanian supply agreements with the US and the IAEA and other documents
- clearly indicated that the, US anticipated providing the fuel for the reactor as long as i
certain conditions (i.e., safeguards, PNE assurances, physical l security, and reprocessing and retransfer conditions) were met.
- (1)
The March 30, 1973 first Supply Agreement between the US and Romania and the Project Agreement between the IAEA and Romania (INFCIRC/206, dated June 12, 1974) at Appendix E; (2)
The July 24, 1975 amendment to the first US-Romania Supply Agreement to increase the amount of material which may be transferred (INFCIRC/206/ Mod.1 dated August 20,1975) at Appendix F; (3)
The second Supply Agreement of July 15, 1975 to increase the amount of material which may be transferred (INFCIRC/206/ Add. 1 dated August 22,1975).
at Appendix G; (4)
The US-IAEA Agreement for Cooperation, as amended, at Appendix H; and (5)
The February 13, 1978 exchange of notes between the US and Romania concerning the proposed export and US-Romania nuclear cooperation, at Appendix I.
(This is also attached to the Executive Branch's i
analysis of April 19 at Appendix 8.)
i
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. Discussion:
The staff also examined closely whether it would be possible
-(continued) to operate this reactor on uranium of lower enrichment.
(n accordance with US policy-to encourage use of lower-enriched uranium whenever technically and economically feasible, the Executive Branch asked Argonne National Laboratory to perform a detailed analysis of the feasibility of operating this TRIGA reactor on low-enriched uranium.
Argonne concluded that operation on 20% enriched fuel would not be feasible, and that. operation on 50% enriched fuel, while theoretically feasible, would require several additional years of fuel development work and would probably be five times more costly.
General Atomic had also examined the possibility of operation with low-enriched fuel and concluded that it would result in unstable reactor operation, substantial increases in down time, greatly reduced core life, and an eight-fold increase in the cost of operating the reactors.
The staff points out, however, that both of these analyses assumed the use of 20% enriched fuel of the low uranium density type and Argonne and General Atomic have since done considerable developmental work on a new type of high uranium density fuel which would increase the proportion of uranium to zirconium from 12% to 45% by weight.
General Atomic is now optimistic that this high density fuel will be commercially available within about a year for the fueling of TRIGA reactors, and that it will result in reactor perfonnance essentially comparable to that with highly enriched fuel.
Since the highly enriched core of the Romanian reactor will not require reloading for 2 to 3 years, it is possible that no additional highly enriched material beyond the first core will be required for this reactor.* Argonne National Laboratory personnel believe that while a substantial reduction in U-235 enrichment is possible in the near term, further testing and analysis is required before reduction to 20% can be assured.
(In addition the staff notes that additional time could well be required to obtain regulatory approval for operation with the new fuel. )
In the staff's view, therefore, while efforts at reduction of the fuel enrichment to a level of lesser concern from a proliferation (and terrorist) point of view are underway Since the HEU reload fuel already has been purchased by Romania, extra costs. could be incurred in shifting to LEU fuel for future reloads.
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. Discussion:
and are encouraging,. this approach is not now technically and commercially feasible.*
In any case, the staff fully concurs with the Executive Branch recommendation that any HEU exported to Romania should be limited in amount to reduce to a minimum the potential proliferation and terror-ist risks.
By this limit 3 tion, the amount of unirradiated HEU in Romania would be reduced to almost 25f. of that contemplated in the original application (i.e., from 20 to 6 spare fuel clusters).
In this connection, the staff independently investigated whether the amount of fuel recommended by the Executive Branch could be further reduced.
Our analysis confirmed that 38.675 kilograms of 93 percent enriched uranium would be a reasonable minimum amount, covering about two years' operation for the SSR and a limited number of spares.
The six spare assemblies (representing 6.63 kg) appear to be a reasonable minimum number in view of (1) the possibility of fuel assembly damage during loading with a complex winch and crane system, (2) possible fuel element burnouts, and (3) the
. fact that this is a new experimental reactor requiring fle)ibility for possible core rearrangements to ensure that contacted power and flux levels are attained and planned experiments accomplished.
- The applicant has also stated that he has guaranteed the core lifetime and the reactor thermal flux cf the SSR and that both these guarantees were based upon the use of high-enriched uranium (see SECY-78-32, February 10, 1978, Confidential).
In addition, the applicant informs us that the HEU fuel rods for this export are already fabricated.
t
i Discussion:
The staff analysis (at Appendix A) of the Executive Branch (continued) '
submission and of other information concludes that this proposed export meets all statutory requirements
- and describes in detail the staff's basis for concluding that, in particular, the export criteria in the Nuclear Nonproliferation Act of 1978, or their equivalent, have been met.
In summary, with regard to each of these criteria:
1.
IAEA Safeguards Romania is a party to the Nuclear Nonproliferation Treaty and its NPT safeguards agreement with the IAEA, providing for full scope safeguards in accordance with l
INFCIRC/153, entered into force in 1972.
(Specific safeguards for Romania are as outlined in INFCIRC/180 (1973).)I Fallback safeguards rights are also provided in other agreements.
Accordingly, in the staff view, criterion (1) of the NNPA is met.
The IAEA applies safeguards in Romania on the following facilities:
1.
A 10 Mwt research reactor known as the VVR-S, which was.provided by the USSR and may be fueled with HEU.
2.
A critical assembly RR-01.
3.
A pilot fuel fabrication plant.
The staff is not aware of any problems with application of IAEA safeguards in Romania.
2.
No Nuclear Explosive Use.
j In addition to its NPT obligations regarding nuclear weapons and other nuclear explosive devices, Romania, in the February 13, 1978 exchange of notes with the US (Appendix I), I,
- *In the course of its review the staff noted the absence of IAEA certification that the requirements of the IAEA Project Agreement regarding health and
. safety measures for the TRIGA reactor project had been met.
Following our inquiry, the appropriate certifications by the IAEA were conveyed
.i to the staff by the Executive Branch.
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A Discussion:
agreed that its NPT undertaking is an enduring one which (continued) is not dependent on its NPT adherence.
This undertaking would apply to any materials, facilities, and sensitive nuclear technology previously exported to Romania by the U.S. and subject to the US-IAEA Agreements for Cooperation, and to SNM used in or produced through the use thereof.
Therefore, the staff believes Criterion (2) of the NNPA is met.
3.
Physical Security.
The site to wnicn this material would be sant was visited in 1975 by a US physical securit" review team which also included NRC participation.
At this time the facility was still under construction and the physical security program had not been completed.
During subsequent exchanges, including a recent clarification sought by NMSS in connection with review of this export, the staff determined that the physical security program in Romania j
is considered adequate to protect trigger quantities of SNM.
(As Commissioner Bradford requested, we will forward separately a detailed statement of how the physical security elements outlined in NRC's regulations are fulfilled in this case.)
Also, in the February 13, 1978 exchange of notes, Romania confirmed its agreement that the US and Romania will consult to assure that adequate physical security measures are applied to the SNM being supplied by the US, as well as to any SNM derived therefrom or which has been used or produced in this TRIGA reactor.
In that same exchange of notes, it was also agreed, that these measures shall, as a minimum, meet the standards set forth in IAEA INFCIRC 225/Rev. 1, and that there will be agreements on the facilities for the storage of such materials.
The President of the Romanian State Committee for Nuclear Energy recently wrote the Chairman (Appendix J) that the physical security measures contained in 10 CFR 73, as agreed upon with the US delegation during its 1975 visit, have been, or will be, implemented prior to the arrival of the first fuel shipment.
This will apply to both the storage of the fuel at the Colibasi site and transportation of the fuel from Bucharest to Colibasi.
~
l
) Discussion:
In view of the above, the staff believes that criterion (continuec).
(3) of the NNPA is met.
While the physical security program in Romania is considered adequate to protect the material covered under the proposed ~ license, and substantial physical security assurances have been received from the Romanian Government, including the exchange of diplomatic notes referenced above, the US expects to obtain more specific written assurance, pursuant to the requirements of 10 CFR 110.43, relating to physical security protection, from the Romanian Government.
Pe.nding the receipt of these additional written assurances and the conclusion of the consultations
)
anticipated in the exchange of notes, the staff recommends that the Commission approve issuance of an exemption to the requirement of 10 CFR 110.43 for specific i
written assurances regarding physical security for this export.
4 and 5.
Retransfer and Reorocessino.
h It was agreed in the February 13, 1978 exchange of notes that the SNM provided by the US, or any SNM derived therefrom, shall be retained in Romania until completion of irradiation, after which it will be returned to the US for reprocessing unless the parties otherwise agree.
Therefore the staff believes the equivalent of criteria (4) and (5) are met.
(As noted in the Executive Branch submission, it is not necessary that criteria (4) and (5) be met for the license to be issued since the negotiations on these matters called for by the NNPA are already underway,
with the IAEA.)
The following additional factors have also been mentioned by the Executive Branch:
(a)
The President approved the Executive Branch's favorable judgment on this proposed export.
(b)
This application is pursuant to a longstanding commitment to Romania by the USG.
The export also meets the criteria for continued supply of HEU under existing commitments as approved by the President, and set out in the White House Fact Sheet of April 27, 1977.
Jc)
Supply of the reactor and fuel has been approved by the Coordinating Committee on Export Controls to Eastern Bloc Countries (C0COM).
C -
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. Discussion:
(d)
Romania, in the view of the Executive Branch, meets l
(continued)
.all the necessary conditions for export under US law, and has excellent nonproliferation credentials as well as an excellent physical security system for the TRIGA facility.
(e)
In the view of the Executive Branch, substantial delay in approval of this export to the TRIGA facility, which represents a significant investment by Romania, would be detrimental' to current efforts to improve US-Romanian relations and would also serve to damaged'the US -image as a reliable supplier, which helps the US maintain its current role and Teverage in nuclear export and nonproliferation policy matters.
State Department also points out that the Romanians, in recognition of questions raised with respect to supply of large amounts of nuclear materials throughr the IAEA, provided, at our request, extra assurances willingly and without reservations.
(f)
If delays in reactor fuel loading, startup and preliminary operation are to be avoided this license should be issued as promptly as possible, especially in view of the time involved in completing the eight individual air shipments needed to transport the HEU under current restrictions.
In addition, both the Romanian Embassy and the applicant have expressed to the staff an urgent need for this license.
General Atomic has indicated that equipment installation is nearing completien and their people at the reactor site are now ready to receive the fuel.
Since (1) this proposed export meets all statutory requirements!
(2) a previous commitment for the fuel has been made; (3) it will be some time before suitable-LEU fuel will be available; and (4) the proposed. export has been reduced to the minimal amount now needed, the staff recommends issuance of the proposed license.
The staff believes that every effort should be made to develop LEU fuel for use in reloading the Romanian TRIGA reactor in about two years.
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D, 9
. Discussion:
Since the Executive Branch's favorable recommendation (continued) does not cover all the 93 percent material requested by the application, the staff has attached a draft letter to the applicant to accompany issuance of the license (see Appendix D).
The applicant has been infomed of the staff's proposed action in this regard and has confirmed his willingness to submit an amendment request to cover additional. fuel when needed.
Recomendation:
That (1) the Commission approve issuance of an exemption from that portion of 10 CFR 110.43 that requires written assurances from the recipient country with respect to physical security, (2) that the proposed license be issued to General Atomic Company and (3) The Commission, in approving issuance, express its support for development of LEU fuel for use in future reloads of the Romanian TRIGA reactor.
Coordination:
OELD has no legal objection.
NMSS wishes to inferm the Commission that it has not received country-specific information which would permit it to make an independent conclusion as to the effectiveness of IAEA material control and accounting safeguards to deter and detect diversion in Romania.
With regard to physical security, NMSS has reviewed the Romanian program and found it i
adequate for the purposes of the export.
O ru
'Jamet/ R. Shea, Dire or Office of Internatic al Programs
Enclosures:
1.
Appendix A - Staff conclusions dtd April 21, 1978.
2.
Appendix B - State Department memorandum dtd 4/19/78 and 3/23/78 with attachments.
I 3.
Appendix C - Application dtd 2/13/76.
4 Appendix 0 - Proposed license and letter to applicant.
{
5.
Appendix E - US-Romania Supply I
Agreement and IAEA-Romania Project Agreement.
S.
Appendix F - Amendment to US-Romania Supply Agreement.
l J
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7.
Appendix G - Second US-Romania-Suppl'y Agreement.
8.
Appendix H - US-IAEA Agreement for Cooperation, as amended.
9..
Appendix I - US and Romania exchange of notes dtd 2/13/78.
10.
Appendix J - Letter from President of the Romanian State Committee for Nuclear Energy NOTE:
Commissioner comments should be provided directiv to the Office of the Secretary, by c.o.b. Thursday, July 13,1978 Commission staff office comments,~if any, should be submitted to the Commissioners NLT July 10, 1978
. with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected, i
OISTRIBUTION:
Commissioners Commission Staff Offices Exec. nir, for nners _
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. April 21, 1978 Memorandum to the File STAFF CONCLUSIONS REGARDING PROPOSED LICENSE TO EXPORT HIGH-ENRICHED URANIUM TO ROMANIA (APPLICATION XSNM-885)
In February 1976 General Atomic Company applied for a license to export 58 kilograms of uranium enriched to 93 percent U-235 and 46 kilograms of uranium enriched to 20 percent U-235, in the form of UZrH fuel elements, for use in the 14 megawatt dual-core TRIGA research reactor at the Institute for Nuclear Technology, Pietesti, Romania.
The appli-cation also requested authority to export 20 grams of uranium enriched to 93 percent U-235 contained in fission chambers and 6 curies of americium-241 in a neutron startup source.
In December 1976 General Atomic amended its application to revise the quantities of material in the UZrH fuel elements from 58 to 55.3 kilo-grams of 93 percent enriched uranium and from 46 to 44.4 kilograms of 20 percent enriched uranium, respectively.
The TRIGA research reactor in which the material is to be used was ex-ported to Romania under Export License XR-91, issued to Gulf 011 Cor-poration in June 1973.
(The proposed export had been reviewed and concurred in by the Joint Committee on Atomic Energy in 1971; the US-Romania Supply Agreement and the International Atomic Energy Agency-Romania Project Agreement were completed.and entered into force on March 30, 1973.
These two agreements are contained in IAEA INFCIRC/
206 dated June 12,1974.)
This dual-core facility consists of a TRIGA steady-state reactor (SSR) and a TRIGA annular core pulsing reactor (ACPR).
The initial core and operation of the SSR call for about 38 kilograms of 93 percent enriched uranium to provide for two years' operation and normal spares for burn-ups and core rearrangement.
The reactor is to be used for long-term testing of power reactor fuel and fuel assembly components in the development of a power reactor fuel fabrication capability.
It is also to be used in the production of radioisotopes.
The ACPR core calls for about 44 kilograms of uranium enriched to 20 percent and has an expected core life of approximately 20 years.
This reactor is to be used to examine fuel rod behavior under various ac-cident conditions of power reactors with a view to establishing APPENDIX A-1
c..
-Memorandum to File i
realistic criteria for reactor. safety and to develeping analytical models ~ for the prediction of fuel -failures.
In response to our March 31, 1976 request for views, the Executive Branch has:
s Confirmed that the enriched' uranium export will be subject to all the o
terms and conditions of the US-IAEA Agreement for Cooperation, as amended; Noted that the provisions of the US-IAEA Agreement for Cooperation o
4 have been_ adhered to; Noted further that the IAEA has agreed to negotiations called for by o
the recently enacted Nuclear. Nonproliferation Act and, notwithstanding
'this, that the Executive Branch has concluded that the proposed export meets all applicable export criteria, or their equivalent, in that act; Noted that supply of the reactor and fuel had been approved by the o
Coordinating Committee on Export Controls to Eastern Bloc Countries (C0COM);
o Concluded that issuance of the proposed license would not be inimical to the interests of the US, including the common defense and security; and Recommended approval at this time, of the export of.38.675 kilograms o
of uranium enriched to 93 percent U-235, 44.4 kilograms of uranium enriched to 20 percent U-235, 20 grams of uranium enriched to 93 percent U-235, and 6 curies of americium-241.
(Thus, the Executive Branch recommendation covers _ all the material requested by the application i
except for 16.625 kilograms of uranium enriched to 93 percent U-235, in the form of-additional fuel elements which are not needed for the initial core and about two-year operation of the SSR.
This is consistent with US policy of minimizing high-enriched uranium inventories.),
The Executive Branch has also hoted that:
In accordance with'US policy to encourage the use of lower-enriched uranium whenever technically'and economically feasible, the reactor design and proposed use of this TRIGA were examined in detail by Argonne National Laboratory.
This review concluded that it is not feasible to operate the reactor on low-enriched uranium and that operation with lower than 93 percent enriched fuel (for example, 50 percent U-235) would be feasible but (1) would probably be five times more costly than operation on 93 percent enriched uranium and (2) would i
require several additional years of fuel development work.
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, Memorandom' to File In the view of the Executive Branch, (1) the proliferation threat associated r
with this export is minimal ; (2) Romania has excellent nonproliferation credentials and meets all necessary cor.ditions for export under US law; and (3) substantial delay in the approval of this export would be detrimental to current ' efforts to improve US-Romanian relations and serve to damage the global US image as a reliabl Fsupplier, an image which the US must
- improve if the US ie to continue to maintain its current role and leverage in nuclear export and nonproliferation policy matters.
These views _and license application analysis by the Executive Branch were forwarded by the Deprtment of State's memoranda of April 19 and March 23, 1978.
)
Confirmation of the applicability of the US-IAEA Agreement for Cooperation was also set forth in a cable of May 7,1976 from the US Mission to the IAEA.
The staff has reviewea the subject application in light of the considerations below.
4 o'
Safeguards.
The export will be subject to IAEA sa Snuards pursuant to the safeguards agreement between. Romania and the I AEA which was signed in March 1972 and entered into force in October of that year.
(As a party to the Nonproliferation Treaty, Romania has undertaken an obligation to accept IAEA safeguards on all source or special fissionable material in all peaceful nuclear activi-ties within the territory of Romania, under its jurisdiction, or carried out under its control anywhere.)
Moreover, Article IV of the IAEA-Romania Project Agreement provides.that, if the safeguards agreement referred to above is ter:ninated, the safeguards rights and responsibilities of the IAEA 'provided for in...its Statute shall be implemented in ac-cordance with arrangements which will supplement this [ Project]
Agreement, which shall be agreed forthwith by the Agency and Romania and shall be based on the then effective Agency's safe-guards systems applicable to Agency projects including provisions with respect to Agency inspectors; pending agreement on such ar-rangements, the Agency will apply safeguards in accordance with the procedures provided for in that system."
Through an exchanges of notes between the US and Romania on Feb-ruary 13,1978, the Government of Romania confirmed, among other things, its aoreement that "should either i
the Government of the Socialist Republic of Romania or the Govern-ment of the United States of America become awaro that the IAEA is:no longer able to' apply the safeguards contemplated by the Project Agreement, the Governments will act promptly to develop mutually acceptable alternative arrangements for'the application "of safeguards of equivalent effectiveness
. Menorandum to File o
No Nuclear Explosive Use. As a party to the Nonproliferation Treaty, Romania has undertaken the obligations not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly or indirectly not to manufacture or otherwise acquire nuclear weapons or;other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices.
The February ll, 1978 exchange of notes between the US and Romania reiterated Romania's undertaking not to utilize special nuclear material transferred to it or derived from such material for the manufacture of nuclear weapons or other nuclear explosive devices.
The Government of Romania also confirmed "that this undertaking...
is an enduring one which is not exclusively dependent upon the Romanian Government's adherence to the NPT."
In addition to these basic obligations, explicitly covering any nuclear explosive device, the US-IAEA Agreement provides that:
1.
No material, equipment or facilities transferred pursuant to this Agreement will be used for atomic weapons or for research on or for development of atomic weapons or for any other mili-tary purposes.
2.
Material, equipment or facilities used, transferred, or re-transferred pursuant to this Agreement shall be used or transferred only in accordance with the Agency Statute and and this Agreement.
The IAEA-Romania Project Agreement contains an undertaking by the Government of Romania not to use the' reactor and any nuclear ma-terial contained, used, or processed in or by the use of the reactor in such a way as to further any military purpose.
o Physical Security.
Based on a 1975 visit of a physical security review team, and subsequent exchanges and review, the physical security program in Romania is considered adequate to protect trigger quantities of special nuclear material.
In addition, in the February 13, 1978 exchange of notes, the Government of Romania confirmed its agreement that the two governments will consult to assure that adequate physical security measures are applied to the special nuclear material being supplied by the US or any special nuclear mcterial derived therefrom or which has been used or produced in the TRIGA reactor.
It was also agreed, in the exchange of notes, that these measures shall, as a minimum, meet the standards set forth in IAEA document INFCIRC/225/Rev. I, "The Physical Pre-tection of Nuclear Material."
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. Memorandum to File 0-Retransfer and Reprocessing.
Through the February 13, 1978 ex-change of notes between the US and Romania, it was agreed that (1) all US-supplied nuclear material or any special nuclear material derived therefrom shall be retained in Romania from the time of its. receipt until its. irradiation has been completed; (2) thereafter, following an appropriate cooling period, Romania shall return _,such nuclear material to the US under a chemical processing contract with the Department of Energy; and (3) any deviation from these understandings will require the mutual agreement of both governments.
o Sensitive Technology.
The proposed export does not involve sensitive technology.
~he staff has noted tnat (1) the US-IAEA Agreement for Cooperation was concluded pursuant to section 124 of the Atomic Energy Act, as amended, and (2)'the recently enacted Nuclear Nonproliferation Act (NNPA) makes provision for continued cooperation under such agreements, even though the retransfer and reprocessing criteria contained in the NNPA may not be met, if _ the country or group of countries concerned agree to ne-gotiations as called for in the NNPA.
The Executive Branch has noted that the IAEA has agreed to such negotiations.
Both the Executive Branch review and the staff's own review have, nevertheless, found that the proposed export meets both the retransfer and reprocessing criteria.
The staff has noted further that, while the full-scope safequards criterion of Section 128 of the Atomic Energy Act does not apply since the export is expected to take place before March 10, 1980, Romania would also satisfy the criterion as it has accepted safeguards on all it nuclear activities pursuant to the Nonproliferation Treaty.
In view of all the considerations above, the staff has concluded that the proposed export meets all applicable export criteria or their equivalent.
As required by section 57 of the Atomic' Energy Act and 10 CFR 70.31, the staff has further concluded that the export to be made pursuant to the subject application (1) would be subject to the terms and conditions of the US-IAEA Agreement for Cooperation, and (2) would not be inimical to the common defence and security of the United States or constitute an unreasonable rish to the public health and safety.
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$jy(0-S5 BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS 74 - JJ2 / 7 April 19, 1978 MEMORANDUM FOR JAMES R.
SHEA NUCLEAR REGULATORY COMMISSION As requested by the NRC, the Executive Branch analysis of export license application XSNM-885, oriainally submitted by memorandum from Tarnoff to Gossick of March 23, 1978, has been revised and is enclosed.
In accordance with the Nuclear Non-Proliferation Act of 1978 (P.L.95-242), the revised analysis explicitly addresses how the requirements of Section 126 a. (1) cf the Atomic Energy Act are met, including the speci-fic criteri. of Fection 127 and 128.
It also addresses certain additional factors, as envisaged by Section 126 a. (1).
As you will recall from the earlier communication, Mr.
Gossick's letter of March 31, 1976 requested the views of i
the Executive Branch on the proposed license for,the export to Romania of 55.3 kilograms of uranium enriched to 93 percent U-235 and 44.4 kilograms of uranium enriched to 20 percent j
U-235 in the form of UZrH fuel elements for a dual core 14 megawatt TRIGA research reactor; 20 grams of uranium enriched to 93 percent U-235 in the form of electrodeposited metal con-tained in fission chambers; and six curies of americium-241 contai,ned in neutron sources for reactor startup.
As indicated in the analysis, the Executive Branch recom-mends approval at this time of the export of 38.675 kilograms of uranium enriched to 93 percent U-235, 44.4 kilograms of uranium enriched to 20 percent U-235, 20 grams of uranium en-riched to 93 percent U-235 and six curies of americium-241.
The applicant, General Atomic, has indicated willingness to submit its request for authorization to export the remaining
!!EU fuel when actually needed as an application to amend the original license.
The Executive Branch recommends this ap-proach-to allow expeditious processina of the subsequent ap-plication and to avoid the implication that we are recommending at this time denial of a portion of the current export license request rather than deferral until needed.
[
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,7 APPENDIX B-1
_ =_ _ _
e.'
. We have been advised by General Atomic (GA) that the l
Romanian TRIGA reactor is essentially completed and that GA
. personnel are-expected to begin; final equipment installation i
preparatory to. startup ' momentarily. - Since GA plans to ship the highly-enriched uranium (HEU).in individual air shipments of less than'five kilograms U-235, some eight shipments are e
involved.
Thus, if delays in reactor fuel loading, startup and preliminary. operation (all of 'Which involve GA staff) are to be avoided, this' license should be issued as promptly as pos-sible.
The Department of State urges, therefore, that the NRC take expeditious action on this application.
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Louis V. No s en zot -
Deputy Assistant Secretary Attachments As stated l
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' APPENDIX B_-2
FXPORT LICENSE APPLICATION ANALYSIS Country:
Romania Material:
Low and High Enriched Uranium; Byproduct Material Application Number:
XSNM-885 Description of Transaction:
The export to Romania of 55.3 kilograms of uranium enriched to 93 percent U-235 and 44.4 kilograms of uranium enriched to 20 percent U-235 in the form of UZrH fuel ele-ments for a dual core 14 Megawatt TRIGA re-search reactor; 20 grams of uranium enriched to 93 percent U-235 in the form of electro-deposited metal contained in fission chambers; 6 curies of americium-241 contained in neutron sources for reactor start-up.
Applicant:
Gener.al Atomic Company.
Applicant's
Reference:
IEL-668, IEL-770.
Date of Application:
March 31, 1976, amended December 9, 1976.
Purpose of Export This quantity of by-product and special nuclear material will be contained in UZrH completed fuel elements, fission chambers and start-up neutron sources for a dual core 14 Mega-watt TRIGA research reactor being built for the Institute for Nuclear Technology at Pitesti, Romania and is to be used for nuclear research.
An export license was granted for this reactor and construction was begun in 1973.
The Steady State Reactor (SSR) core contains twenty-nine fuel clusters each containing 1.105 kilograms of uranium enriched to 93 percent U-235.
An additional six fuel clusters will also be provided for burnups and core re-arrangement.
This reactor will be used for long-term testing of power reactor fuel and fuel assembly components in de- -
veloping a power reactor fuel fabricatim. capability.
It will also be used in the production c2 radio..sotopes.
APPENDIX B-3
The' Annular Core Pulsing Reactor (ACPR) contains one hundred sixty seven fuel elements each containing approxi-mately 265 grams of uranium enriched to 20 percent U-235.
This pulsing reactor will be used to examine fuel rod be-havior under various accident conditions of power reactors to establish realistic criteria for reactor safety and to develop analytical models for prediction of fuel failures.
Fuel for this reactor should last approximately twenty years.
APPENDIX B-4
1.
Applicable Agreement for Cooperation In the absence of a bilateral agreement for coopera-tion with the United States, Romania has requested that the enriched uranium be supplied pursuant to the U.S.-IAEA Agreement for Cooperation.
This has been accomplished through the execution of a Romania-IAEA project agreement and a trilateral US-IAEA-Rcmania supply agreement.
The neutron source Americium-24-1 may be exported, pursuant to section 82 of the Atomic Energy Act, other than under an agreement for cooperation.
The supply of the enriched uranium is subject to all of the terms and conditions of the Agreement for Coopera-tion between the United States and the International Atomic Energy Agency which first entered into force on August 7, 1959 and was amended and extended on May 31, 1974.
This was confirmed in a telegram from the United States Mission to the IAEA in Vienna dated May 7, 1976, a copy of which is enclosed.
l A Project Agreement was signed on March 30, 1973 be-tween the International Atomic Energy Agency and the Govern-ment of the Socialist Republic of Romania for Assistance by the Agency in Establishing a Research Reactor Project.
A Supply Agreement was also signed on March 30, 1973 which enabled the transfer from the United States to Romania through the IAEA of the components making up the research reactor plus a quantity of enriched uranium to supply the needs of this research reactor up to 46.470 kilograms of uranium enriched to 20% U-235, and up to 34.350 kilograms of uranium enriched to 93% U-235.
On July 15, 1975 a second supply agreement was signed to provide an additional 16.710 kilograms of uranium en-riched to 93% for fuel elements for the research reactor and 20 grams of uranium enriched to 93% contained in fission counters for the recctor.
On July 24, 1975 an amendment to the first supply agree-ment was signed to allow the transfer from the United States to the IAEA and from the IAEA to Romania of 42 kilograms of uranium enriched to 93% U-235 rather than 34.350 kilograms..
Romania has adhered to all provisions of the IAEA agree-ments cited above.
APPENDIX B-5
2.
Extent to Which Export Criteria Are Met A.
Section 127 Criteria As provided in Section 127 of the Atomic Energy Act, the.following criteria govern exports for peaceful nuclear uses from-the United States of source material, special i
nuclear material, production or utilization facilities, and any sensitive nuclear technology:
1 Criterion (1)
"IAEA safeguardsL as required by Article III(2) of the Treaty will be applied with respect to any such material or facilities proposed to be exported, to any such material or facilities previously exported and subject to the applicable Agreement for Cooperation, and to any special nuclear material used in or produced through the use thereof. "
Romania is a party to the Nuclear Non-Proliferation Treaty and its NPT Safeguards Agreement with the IAEA entered into force on October 27, 1972.
Therefore, criterion (1) is met.
I e
APPENDIX B-6
Criterion (2)
"No such material, facilities, or sensitive nuclear technology proposed.to be exported or previously exported and subject,to the applicable Agreement for Cooperation, a,nd no special' nuclear material produced through the use of such materials, facilities, or sensitive nuclear technology, will be used for any nuclear explosive device."
As a_ party to the Non-Proliferation Treaty, Romania has undertaken, among other things, "not'to receive the transfer from any transferor whatsoever of nuclear. weapons or.other nuclear explosive devices or of control over such weapons or explosive. devices directly, or indirectly; not to manufacture or.otherwise acquire nuclear weapons or other nuclear ex-plosive devices; and not to seek or' receive any assistance in the manufacture of nuclear weapons or other nuclear ex-plosive devices".
Furthermore, in an exchange of notes between the Govern-ments of the United States and the Socialist Republic of
.l Romania dated February 13, 1978, Romania agreed:
I "As a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) the Government of the Socialist Republic of Romania has, among other things, undertaken not to utilize q
special nuclear material transferred to it or derived from such material for the manufacture of nuclear weapons or other nuclear explosive devices.
It'is the understanding of the i
United States. Government that this undertaking by the Romanian Government is an enduring one which is not exclusively
' dependent upon the Romanian Government's adherence to the NPT."*
This undertaking applies to any material, facilities and sensitive nuclear technology previously exported to
- The language for the exchange of notes regarding, inter alia, understandings of the Government of the United States of America, was reviewed and approved at the highest level of the Romanian Government prior to the February 13, 1978 exchange of notes.. To confirm acceptance and understanding of the US note, the Romanians quoted in their note the full text of' the US note and concluded as follows:
"The Ambassador of the Socialist. Republic of Romania confirms that the content of the Note of the Government of the United States of America is acceptable to the Government of the Socialist Republic of Romania.and this reply constitute (sic) an agreement between these two Governments'."
APPENDIX B-7
such state by the US and subject to the US-IAEA Agreements for Cooperation and to special nuclear material used in or produced through the use thereof.
Since this undertaking will apply to the proposed export and to any special nuclear material produced through its use, it is the view of the Executive Branch that criterion (2) is met.
APPENDIX B-8
?
Criterion (3)
" Adequate physical security measures will be maintained with respect to such material or facilities proposed to be exported and to any special nuclear material used in or pro-duced through tPa use thereof.
Following the effective date of any regulations promulgated by the Commission pursuant to Section 304(d) of the Nuclear Non-Proliferation Act of 1978 (P.L.95-242) physical security measures shall be deemed adequate if such measures'p'rovide a level of protection equivalent to that required by the applicable regulations."
The Commission has not, as yet, promulgated new regula-tions pursuant to Section 304 (d) of P.L.95-242.
I In September 1975, a team of US Government experts visited Romania for an exchange of views on physical security, including visits to two facilities in Romania.
The fixed site reviews included:
(1) security forces, (2) physical barriers, (3) detection and alarm apparatus, (4) communication and response capabilities, (5) access and exit controls, (6) ac-countability and reporting procedures, and (7) physical security organization.
In the area of transportation, pro-cedures and equipment for protecting nuclear materials while in transit were examined.
The team judged Romania's physical protection systems, equipment and procedures for the fixed site facilities, and the procedures and equipment for transportation security adequate to physically protect the material requested in this license application.
In addition, in the February 13, 1978 exchange of notes between the United States and the Socialist Republic of Romania, it was agreed:
"The Governments of the Socialist Republic of Romania and of the United States of America recognize the need for the establishment and maintenance of physical security measures for nuclear materials and facilities which will provide adequate assurance against the diversion of such material or the sabotage of such facilities.
To this end, it is the understanding of the Government of the United States of America that the Governments will consult to assure that adequate physical security measures are applied to the nuclear material being supplied by the United States or any l
l l
APPENDIX B-9
s e
special nuclear material derived therefrom or which has been used or produced in this TRIGA reactor.
These measures shall, as a minimum, meet the standards set forth in IAEA document INFCIRC 225/Rev.1, entitled "The Physical Protection of Nuclear Material", as it may be updated.
In addition, there will be agreements on the facilities for the storage of such materials. " Therefore, it is the view of the Executive Branch that criterion (3) is met.
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m APPENDIX B-10
4 1
Criterion (4)
"No such materials, facilities, or sensitive nuclear i
technology proposed to be exported, and no special nuclear material produced through the use of such material, will be f
retransferred to the jurisdiction of any other nation or group of nations unless the prior approval of the United In addition to other States is obtained for such retransfer.
the United States may approve such re-requirements of law, transfer only if the nation or group of nations designated I
to receive such retransfer' agrees that it shall be subject to the conditions required by this section."
The US-IAEA Agreement for Cooperation does not give the United States the right of prior approval for such retransfers.
such rights were granted to the United States Febru-1978 in the exchange of notes between the United States
- However, The pertinent part of ary 13, and the Socialist Republic of Romania.
this provides:
"...the Government of the Socialist Republic of Romania shall retain in Romania the nuclear material supplied by the material derived therefrom from United States or any specia]
the time of its receipt until its irradiation has been com-Thereafter, following an appropriate period of pleted.
the Government of the Socialist Repub-radioactive cooling, lic of Romania shall return such nuclear material to the United States under a chemical processing contract with the (DOE).
Currently, under such contract, Department of Energythe Government of the Socialist Republic of Romania w credited with the value of the recoverable enriched uranium contained in such irradiated fuel in accordance with the DOE pricing schedule in effect for enriched uranium at the time less the reprocessing and other of spent fuel delivery,Any deviation from these understandings will related charges.
require the mutual agreement of both Governments.
it is the Executive Branch view that with Therefore, regard to the proposed and special nuclear material produced through its use, criterion (4) is met.*
for Co-It should be noted that since the US-IAEA Agreement operation was authorized in accordance with Section 124 of the Commission may continue to issue the Atomic Energy Act, (4) and (5) export licenses despite failure to meet criteria 95-242 for a period of 30 days after the enactment of P.L.
and for a period of 23 months thereafter if the Department of APPENDD( B-ll
l the nation or group State notifies the Com:nission that of nations bound by the agreement has agreed to negotiations of P.L.95-242.
as called for in Section 404 (a)
Since such negotiations are already underway with the (4) need not International Atomic Energy Agency, criterionprovided th be met, March 10, 1980.
8 APPENDIX B-12
Criterion (5)
"No such material proposed to be exported and no special nuclear material-produced through the use of such material will be reprocessed, and no irradiated-fuel elements contain-i,ng-such material removed from a reactor shall be altered in form-or; content, unless the prior approval of the. United l
States is obtained for such reprocessing or alteration."
[
Criterion (5) is not met by the US-IAEA Agreement for h
Cooperation.
However, as indicated.in the response with I
respect to criterion (4), unless the parties otherwise i
agree, the irradiated fuel will be returned to the United States under a reprocessing contract with the Department of Energy.
Therefore, it is the Executive Branch view that, with regard to the proposed export and any special nuclear material y
produced through its use, the equivalent of criterion (5) is met.*
l I
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r G
- It should be noted that it is not necessary that criterion (5) be met in order for the license to be issued, as indicated in the~ footnote under criterion (4).
1 APPENDD( B-13 o
Criterion (6)
"No such sensitive nuclear technology shall be exported unless the foregoing conditions shall be applied to any nuclear material or equipment which is produced or constructed under the jurisdiction of the recipient nation or group of nations by or through the use of any such exported sensitive nuclear technology."
The propose'd export does not involve sensitive nuclear technology.
Criterion (6) is, therefore, not applicable.
4 APPENDIX B-14
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B.
Section 128 Criterion P
Section 128 a.(11 of the Atomic Energy Act establishes the following additional criterion:
"As a condition of con-i tinued United States export of source material, special nu-
[
clear material, production or utilization facilities, and any sensitive nuclear technology to non-nuclear-weapon states, no such export shall be made unless IAEA safeguards are maintained with respect to'all peaceful nuclear activities in, under the. jurisdiction of, or carried out under the control of such state at the. time of the export."
It should be noted that this cr1terion only applies to exports to take place after March 10, 1980 or pursuant to an application submitted after September 10, 1979. As noted previously, we anticipate that this re-commended export will occur before March 10, 1980.
However, as a party to the NPT, Romania has accepted safeguards on all its nuclear activities and, therefore, would satisfy this criterion,
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- APPENDIX B-15
t 3.
Additional Factors A.-
Safeguards Implementation l
The IAEA Secretariat has concluded in its Special Safeguards Impleme ation Report that with regard to nuclear material subject to IAEA safeguards, while some deficiencies exist in the system, :'in none of the 41 states in which in-spections were carried out was.there any diversion of a sign'ificant quantity of nuclear material".
Although recog-nizing the need to correct existing deficiencies in safe-guards implementation, the Executive Branch has no reason to believe that the IAEA Secretariat's conclusion is.not a valid one with specific regard to nuclear material subject to the U.S.-IAEA Agreement for Cooperation.
In the light of this and other factors associated with the proposed export, the Executive Branch believes the framework of commitments, assurances, and safeguards is adequate for the purposes of this export.
Further, in the exchange of notes of February 13, 1978, the United States obtained the following undertaking from Romania; "It is the understanding of the Government of the United States of America that should either the Government of the Socialist Republic of Romania or the Government of the United States of America become aware that the IAEA is no longer able to apply the safeguards contemplated by the Project Agreement, the Governments will act promptly to de-velop mutually acceptable alternative arrangements for the application of safeguards of equivalent effectiveness."
8.
Presidential Consideration The President approved an affirmative Executive Branch judgment with respect to this proposed export.
This export meets the criteria for continued supply of highly-enriched uranium under existing commitments as recently approved by the President and set out in the White House Fact Sheet of April 27, 1977 on the Nuclear Non-Proliferation Policy Act of 1977.
APPENDIX B-16
Non-Proliferation and Other Foreign Policy Considerations C.
This application is pursuant to a longstanding commit-t.
mpnt to the Government of Romania made by the US Governmen d
by the Coordinating Committee on Export Con Bloc countries (COCOM).
In accordance with US policy to encourage use of lower-
- feasible, enriched uranium whenever technically and economically i
d in de-this reactor design and its proposed use were exam ned d that it tail by Argonne National Laboratory which conclu e is not feasible to operate the reactor on low-enriched uranium and that operation with lower than 93 per-while feasible, (20 percent U-235) 50 percent U-235),
l than (e.g.,
cent enriched fuel operation on 93 percent HEU and will require dditional In accordance with US policy years of fuel development work.
d uranium to minimize the amount of unirradiated high-enriche in-country, we have limited the recommended export to that necessary for operation of the reactor consistent with reason-there-The proposed export is, able fuel management practice. fore, consistent with announc ging commitments to supply high-enriched uranium while encoura i
lly use of lower enrichments where technically and high-enriched uranium in-country.
the pro.iferation In the view of the Executive Branch, Romania has threat associated with this export is minimal.
ll of the excellent non-proliferation credentials an3 meets a In addition, necessary conditions for export under US law.our ch i h the facility showed it to be excellent.
Since this reactor facility represents a significant l of investment by Romania, substantial delay in the approva im-this export would be detrimental to uurrent efforts toIt would also se prove US-Romanian relations.
must the global US image as a reliable supplier, an image werole improve if we are to continue to maintain our current i
olicy and leverage in nuclear export and non-proliferat on p matters.
APPENDIX B-T7
-Quant'ity of HEU to be Exported D.
.The Executive Branch analysis.of~~the HEU requirements of this reactor, as confirmed in discussions with Generaiind operation only..the initial core plus six spare fuel elementsthese conta
- Atomic, are expected.to be needed;Therefore', consistent with U.S. policy of enriched uranium. inventories','.the Executive Branch is recom-minimizing HEU mending that any export license' issued'by the NRC provide with only.for the initial export of this quantity of HEU,the remain General' Atomic, has indicated willing-
.The' applicant, ness to submit.its request for authorization to export the
. remaining HEU fuel when actually needed as an application to
'The Executive Branch recommends amend the original license.
this approach to allow' expeditious processing of the subse-quent application and to avoid the implication that we are recommending at this time denial of a portion of the current
' export license request rather than deferral until needed.
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1 APPENDIX B-18 l.
4.
Inimicality Judgment Based on review of the proposed export, it is the judg-ment of the Executive Branch that the proposed export will not be inimical to the common defense and security, and that the license should be issued.
Enclosures:
Background documents relative to application
- STATE ENCLOSURES HAVE BEEN ATTACHED AS APPENDICES C AND I, l
APPENDIX B-19 i
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S/s 7701721 s
3-DEPARTMENT OF STATE
- .h b.i w
oncoa. o c meo March 23, 1978 3b Yf Y' y)l MEMORANDUM FOR LEE V.
GOSSICK fd NUCLEAR REGULATORY COMMISSION This export license application was being processed at the time of enactment of the Nuclear Non-Prbliferatior Act of 1978, P.L.95-242.
While our analysis deals, in substance, with the extent to which the criteria in new section 127 (and section 128, if applicable) of the Atomic Energy Act are met, the analysis is in the old format and is not specifically keyed to these criteria.
The Executive Branch, in consultation with NRC staff, is currently developing new procedures pursuant to P.L.95-242 which will be applied to cases after they come into effect.
In view of the enactment of P.L.95-242, the' Department has reviewed this license applicati.n to ensure that the requirements of section 126 a.
(1) of the Atomic Energy Act are met.
In this regard, as indicated in the analysis, this export is under the US-IAEA Cooperation Agreement, which was concluded pursuant to section 124 of the Atomic Energy Act.
The IAEA has agreed to negotiations called for under section 404(a),
and thus the proviso in new section 126 a.
(2) is applicable.
Notwithstanding this, as can be seen from the analysis, Romania haq acce aed conditions equivalent to the criteria in section 127.
Furt
'r, the provisions of the US-IAEA Agreement for oc pera lon have been adhered to.
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,ar-v Peter Tarnoff Executive Secretary RICOVD U.S. i..C
?5 rq e y 7.0 F APPENDD( B-20
S/S 7701721 4
4 DEPARTMENT OF STATE w.wncon, o c.
ono x:yg -
March 23, 1978 1
MEMORANDUM FOR LEE V. GOSSICK NUCLEAR REGULATORY COMMISSION
Subject:
Comments to'NRC on Nuclear Export License Application Your letter of March 31, 1976 requested the views of the Executive Branch on the proposed license for the export to Romania of 55.3 kilograma of uranium enriched to 93 percent U-235 and 44.4 kilograms of uranium en-riched to 20 percent U-235'in the form of UZrH fuel elements for.a dual core 14 megawatt TRIGA.research re-actor; 20 grams of uranium enriched to 93 percent U-235 in the form of electrodeposited metal contained in fission chambers; and 6 curies of americium-241 contained in neutron sources for reactor start-up.
The Executive Branch recommends approval at this time of the export of 38.675 kilograms of uranium enriched to 93 percent U-235, 44.4 kilograms of uranium enriched to 20 percent U-235; 20 grams of uranium enriched to 93 per-cent U-235 and 6 curies ofKamericium-241.
On the basis of the factors covered by the attached analysis, the Executive Branch has concluded that issuance of the proposed license H
would not be inimical to.the interests of the-United States including the common defense and security.and that the United States Government has the assurance that the re-cipient country is committed to providing adequate physical security-for its. nuclear. program, including-a level of.
protection compatible'with that envisaged by IAEA INFCIRC/225.
This export will be subject t all of the terms and condi-tions of the Agreement for'C eration between the United States and the International tomig Energy Agency, as amended.
I
,4 A Jum*
Peter Tarno.
Executive Secretary 1
Attachments:
14 License Application Analysis 2.
Telegram from the United States Mission to the
.I.A.E.A. in. Vienna dated May 7, 1976 i
\\
APPENDIX B-21
r LICENSE APPLICATION ANALYSIS Transaction:
The export to Romania of 55.3 kilograms of uranium enriched to 93 percent U-235 and 44.4 kilograms of uranium enriched to 20 percent U-235 in the form of UZrH fuel ele-ments for a dual' core 14 Megawatt TRIGA re-search reactor; 20 grams of uranium en-riched to 93 percent U-235 in the form of electrodeposited metal contained in fission chambers; 6 curies of americium-241 contained in neutron sources for reactor start-up.
Applicant:
General Atomic Company.
Applicant's
Reference:
IEL-668, IEL-770.
Date of Application: ' March 31, 1976, amended December 9, 1976.
1.
What is the purpose of the export?
This quantity of by-product and special nuclear material will be contained in UZrH completed fuel elements, fission.
chambers and start-up neutron sources for a dual core 14 Mega-
' watt TRIGA research reactor being built for the Institute for Nuclear Technology at Pitesti, Romania and is to be used for nuclear research.
An export license was granted'for this re-actor and construction was begun in 1973.
The Steady State Reactor (SSR) core containt twenty-nine fuel clusters each containing 1.105 kilograms of uranium enriched to 93 percent U-235.
An additional six fuel. clusters will-also be provided for burnups and core rearrangement.
This
~
reactor will be used for long-term testing of power reactor fuel and fuel assembly components in developing a power reactor fuel fabrication capability, It will also be used in the production of radioisotopes.
The Annular Core Pulsing Reacto'r (ACPR) contains one hundred sixty.seven fuel' elements each containing approximately 265 grams of uranium enriched to 20 percent U-235.
This pulsing reactor will be used to examine fuel rod behavior under various accident conditions of power reactors to es-tablish realistic criteria for reactor safety and to develop analytical models for prediction of fuel failures.
Fuel for this reactor should last approximately twenty years.
m
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APPENDIX B-22 1
l 2.
Does the recipient country have an Agreement for Co-operation with the United States under Section 123 of the Atomic Energy Act, as amended?
And, if so, is the export in question covered by the Agreement?
Romania and the United States do not have an Agreement for Cooperation concerning civil uses of atomic energy.
Countries which do not have an Agreement for Cooperation but wish to buy nuclear material from the United States may negotiate a project agreement with the IAEA, a trilateral supply agreement with the United States and the IAEA, and then the material and equipment is exported pursuant to the U.S.-IAEA Agreement for Cooperation.
The export of americium-241 may be approved without bringing it under the terms and conditions of an agreement for cooperation.
A Project Agreement was signed on March 30, 1973 be-tween the International Atomic Energy Agency and the Govern-ment of the Socialist Republic of Romania for Assistance by the Agency in Establishing a Research Reactor Project.
A Supply Agreement was also signed on March 30, 1973 which enabled the transfer from the United States to Romania through the IAEA of the components making up the research reactor plus a quantity of enriched uranium to supply the needs of this research reactor up to 46.470 kilograms of uranium enriched to 20% U-235, and up to 34.350 kilograms of uranium en-riched to 93% U-235.
On July 15, 1975 a second supply agreement was signed to provide an additional 16.710 kilograms of uranium en-riched to 93% for fuel elements for the research reactor and 20 grams of uranium enniched to 93% contained in fission counters for the reactor.
On July 24, 1975 an amendment to the first supply agree-i ment was signed to allow the transfer from th; United States to the IAEA and from the IAEA to Romania of 42 kilograms of uranium enriched to 93% U-235 rather than 34.350 kilograms.
The supply of the enriched uranium is subject to all of the terms and conditions of the Agreement for Cooperation between the United States and the International Atomic Energy Agency which first entered into force on August 7, 1959 and was amended and extended on May 31, 1974.
This was confirmed in a telegram from the United States Mission to the IAEA in' i
Vienna dated May 7, 1976, a copy of which is enclosed.
APPENDD( B-23
3_
3.
Has the recipient country accepted and implemented IAEA safeguards and/or other appropriate supplementary bilateral conditions (including, where applicable, understandings regarding reexport) imposed by the U.S.?
IAEA safeguards purs'uant to the Treaty on the Non-Proliferation of Nuclear Weapons have been applied.
Under Article V, (b) of the U.S.-I.A.E.A. Agreement for Cooperation, "No material, equipment or facilities, trans-ferred pursuant tc this Agreement will be used for atomic weapons or for research on or for development of atomic weapons or for any other military purposes."
Under Article V,(c) of this' agreement, " Material, equipment or facilities, J
used, transferred or retransferred pursuant to this Agree-
-ment shall be used or transferred only in accordance with the Agency Statute and this Agreement."
Through an exchange of notes between the United States and the Government of the Socialist Republic of Romania signed on February 13, 1978 the Government of Romania agreed:
l 1.
As a party to the Treaty on the Non-Proliferaeion
{
of Nuclear Weapons.(NPT) the Government of the Socialist Republic of Romania has, among other things, undertaken not to utilize special nuclear material transferred to it or de-rived from such material for the manufacture of nuclear weapons or other nuclear explosive-devices.
It is the under-standing of the United States Government that this under-taking by the Romanian Government is an enduring one which is not exclusively dependent upon the Romanian Government's adherence to.the NPT.
"3.
It is the understanding of the Government of the United States of America that the Go,vernment of the Socialist Republic of Romania shall retain in Romania the nuclear material supplied by the United States or any special material derived therefrom from the time of its receipt until its irradiation has been completed.
Thereafter, following an appropriate period of radioactive cooling, the Government of the Socialist Republic of Romania shall return such nuclear material to the United States under a chemical processing contract with the Department of Energy (DOE).
Currently, under such contract the Government of the Socialist Republic of Romania would be credited with the value of the recover-=
able' enriched uranium contained in such irradiated fuel in APPENDIX B-24
... accordance with the DOE' pricing schedule in effect for en-riched uranium at the time of spent fuel delivery, less the reprocessing and other related charges.
Any deviation
.from. these understandings wi11 require the mutual agreement of both Governments.
J "4.
It is the understanding of the Government of the United-States of America that should either the Government of the Socialist Republic of Romania or the Government of the
. United States of America become aware that the IAEA is no longer able to apply the safeguards concemplated by the I
Project Agreement, the Governments will act promptly to de-velop mutually acceptable alternative arrangements for the application of safeguards of equivalent effectiveness...."
4.
In cases _in which the recipient country is not re-
-quired by the NPT to accept IAEA safeguards, does the recipient country or organization have accounting and inspection procedures such as to assure compliance with the requirements of the relevant U.S. Agreement?
1 IAEA safeguards pursuant to the Non-Proliferation Treaty have been, applied.
5.
Does the recipient country have adeguate physical security arrangements to deal with threats of sub-national diversion of significant quantities of nuclear 3
weapon materials (plutonium or highly enriched uranium)?
4 In September 1975 a team of U.S. Government experts visited Romania for an exchange of views on physical security, l
including visits to'two, facilities in Romania.
The fixed site reviews included:
(1) security forces, (2) physical barriers, (3) detection and alarm apparatus, (4) communication and response capabilities, (5) access and exit controls, (6) ac-countability and reporting precedures, and (7) physical security' organization.
In the area'of transportation, pro-cedures and equipment for protecting nuclear materials while in transit were' examined.
The team judged Romania's physical protection systems, j
equipment and procedures for the. fixed' site facilities, and the procedures and equipment for' transportation security adequate to physically protect the material requested in this license application.
i l
l' APPERLULA es
i
. In addition, in the February 13, 1978 exchange of notes between the United States and the Socialist Re-public of Romania it was agreed:
2.
The Governments of the Socialist Republic of Romania and of~the United States of America recognize the need for the establishmen't and maintenance of physical se-carity measures for nuclear materials and facilities which will provide adequate assurance against the diversion of such material or the sabotage of such facilitias.
To this end, it is the understanding of the Government of the United States of America that the Governments will consult to assure that adequate physical security measures are applied to the nuclear material being supplied by the United States or any special nuclear material derived therefrom or which has been
,used or produced in this TRIGA reactor.
These measures shall, as a minimum, meet the standards set forth in IAEA document INFCIRC 225/Rev.
1, entitled The Physical Protection of Nuclear Material, as it may be updated.
In addition, there will be agreements on the facilities for the storage of such materials.
6.
What is the position of the recipient country with regard to non-proliferation (e.g., party to NPT, LANFZ, public statements)?
Romania is a party to the NPT having deposited its instrument of ratification on February 4, 1970.
7.
What understandings does the U.S... ave with the re-cipient country with respect to the use of U.S.-
supplied material or equipment to acquire or develop nuclear explosive devices for any purpose, and as to the recipient country's policies and actions as to such development using equipment and material from any source?
As a party to the NPT, Fomania :Ls committed not to develop nuclear exp: ssive devices for any purpose.
8.
What other factors are there which bear on the issuance of the export license, such as further U.S. under-standings with the rebipient country, other supplier countries or interested regional countries?
This case was approved by the President and meets the criteria for continued supply of highly enriched uranium i
under existing commitments as set out in the White House Fact Sheet of April 27, 1977 on the Nuclear Non-Proliferation Policy Act of 1978.
APPENDIX B-26
C L - C10 +,
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5l(U'l:j,'_,:_'[.k.ujkY UNCLASSIFIED 9508 P A r.t e i _ IAEA V 84788 080500Z
[I c ' 'd 12 ACTInN UE5-b6 tmF0 nCT-41 TO-13 IAO-09 FrA-01 ACDA-te CIAE-o*
INR-07 L-A3 NSAE-91 NAC-05 En 27 HRC-97 nonE-em EDDA-07 EUR-12
/079 W ot941s 2 3714402 MAV 76 FM USnTSSION IAEA VIENNA Tu SEC9 TATE WASHnc 7495 TNFO USERDA GEPMANTUWN lhCL AS IAEA VIFNNA 3788 F0 110528 NA TAGSt 'InFA, TECH, R0 SuRJECT: 47MANIAN REdOFST FOR 9PFCIAL NUCLEAD MATED 14L 1WRnUGH TAFA otPT F *SS IU/ Sri etF1 (A) STATE 193121, CA) 75 TAFA VIESNA A-PS5 (C) STATF 34H75, (0) STATE 19847A t.
8Y ITS SIGNATURES OF: (A) U.S,/IAEA/ROMANIA SUAPLY ACREEMENT OF MARCH 30, 1973 (SET FOR[TH IF Y t. F A 00CuttENT TNFCIRC/Ra6); (81 LETTER AGREEMiNT OF
.! U I. Y 3, 1976 (TRANSMITTED DEF 8), AMENDING THAT AUPPLY AGH'EMENT; CC) IAEA/ROMANIA SFCONO SePPLY
^6WEEnEi4T GF JULY 15, 1975 (ALAC TRANSHITTE0 RcF oi; ANO ful U.S./IaEA SUPPLEMENTA L CONTRACT IAEA/S/8?
j nF UC10bER b,
1975 (TRANSMTTTEn GA96FRT/AMMON5 LETTEC ACTU9EG 13, 197511 14dA H AS CERTIFIEn Tr A T Qil AN TIT Th5 nF MATERIAL MENTIONEn DARA 1 NEF A,
EXCEPT FOR SIX rVRIES AME21CIU.*-241, ARC TO. or-SUPJECT TO TERMS AND cuNUIT. IONS OF U.S./IAEA AGPdEMENT FCD C00PENAff0M, h
teFs MAb i40 RPT NO RESPONSIdfLITY F00 AMERICTuM-?41, 41* SIGN.* S ? U M E t BEPAPfMENT DOES NOT UPT NOT WISM 70 JUESTIU4 VALIDITY OF TAEA'S UMvFxTAKINGS IN UNCLAS.tiCIFO APPENDIX B47
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Department of State ItLEGRAM x.
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UNCLASSIFIED PAGE 6P IAEA V 737e5 98950m2
~..
APOREMENTIOf4ED ArNEEMENTS.
2.
PEm REF C, MISSION HAS INFORME0 AGENCY THAT FNOA N AS FOUNO Rnfj ANI AN PHYSICAL SECURITY ME6SUREb Tb OE ACCEST9tF AND, UPON SUAMISSION OF APPLICATION FOR FXPU8T LICFNSE ERDA IS PREPAGED.,RECOMIiEND APAROVAL OF EXPORT, FROM PHYSICAL SECURITY VIEwenIMT, 3
S40VLO 9E NOTFD IWAT EXDORT SWOULO NOT RPTNOT TAKE PLACE UMTTL AGENCY WAS RECEIVED P90PER NUTIFICATION FPOM ROMANIA ANN MADE.DFTERMINATInN Ts ACCORDANCF WITH PDOVI910,NS OF PARAGRAPH? 3 0F AN'4EY TO PROJECT AGREEMENT SET FORTH IN IAEA 00CUMcNT INFCIRC/2A6. STONE UNCLASSIFIED APPEEnt e
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(714; 455-3000 Refer To:
IEL-668 February 13, 1976 Director Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Subject:
Application to Export Special Nuclear Material to Romania Gentlemen:
General Atomic Company has received a utilization facility license No. XR-91 to export a dual core materials and testing TRICA research reactor to Romania pursuant to 10CFR50. To provide for the fuel for this reactor, this application (
is made pursuant to 10CFR70 and requests an export license for the special nuclear material for use in the referenced facility.
Enclosed is the originally signed End-Use Statement made by the consignee and the Application for License to Export Special Nuclear Material (AEC-7) form completed in triplicate. The End-Use Statement is our evidence of the intended use of the nuclear material.
The shipment of the fuel elements containing SNM will be in accordance with prov., ions of NRC Certificates of Compliance Nos. 9034 and 9037 and applicable regulations concerning such overseas shipments.
The fission chambers and the startup sources will be shipped in NRC authorized containers and in accordance with DOT Regulations. We anticipate commencement of the shipment of the fuel upon receipt of all documentation and licenses for this facility with the earliest date planned to be December 1976.
Sinc..he fuel may be shipped over a period of time, we request that the expi:ation date be July 1, 1978.
Should you require additional information please let us know at your earliest opportunity by contacting the undersigned.
Very truly yours,
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Douglas T. Farney Licensing Administrator Nuclear Material Control Division DTF:ts APPENDIX C-1
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ec-A Ec 1 U.S. ATOMIC EN GY COMMISSION Frrm approved G4h DudntCurtou&
10 CF R 30,40.
,Ja s M ng te r', D.C.
20545 38 R0007, 2 - / 7 = 'l APPLICATION FOR LICEi15E TO EXPORT BYPRODUCT, SOURCE, OR SPECIAL NUCLEAR MATCRIAL hh%F Subert in Triplucate Carefully Road Instructsons on Back.
- 1. D A T E OF APPLICATION
- 2. A pp LIC AN T's R EF ERENC E N O.
L COUN TRY OF ULTIN ATE DEsTIN ATION U/ "'#
IEL-Romania
- 4. N AuE or AppuC ANT General Atomic Company s uLTiw ATE COtsSIGNEE IN FCREiCN COUNTRY (Nane and address)
ATTN:
D. T. Farne*v STREET AcoREss P. O. Box 81608 Institute of Nuclear Technologies Romanian State Committee for Nuclear Ene city, STATE, ANO zip coet San Diego, CA 92138 Pietesti, Romania
- c. lHT E R ME Ot A T E CON slGN E E IN FORElc.,N LOU NT R Y (Glw name
- 7. IF PURCH A$ ER IN FOR ClGN COUNTRY is OTH ER TN AN arnd address. If sene as ulomate connsner, state "Same.")
utTIM ATE CONsicNE E. GIVE N AME ANQ AOCREsi.
(Il same stcae " Sane. )
Romenergo Foreign Trading Company Same No. 1 Boulevard Lacul Tei Bucharest, Romania
- 8. (a) CU ANT (TY Yo DE SHIPPED (b) CouuoOsT Y cEsCRnPTioN lincl:.de chemed a-:d physical form; for spersal nuclear m xteri.11 tend (See an.structsons on back) byproduct matertal also specsfy usotopse content; si sn a devsce, sdentify the devsce, manuf,::cturer, (1) 58 Kg. (93% enriched)
(1)
CA ue UZrH Elements containing 58 Kg. of U enriched tc (2) 46 Kg* (20% enriched)
(2)
('3 )
20 grams (93% enriched)
TRIGA Fuel UZrH Elements containing 46 Kg. of U enriched tc (3)
Fission chambers containing 20 grams U enriched to 93%
(4) 6 curies - Am-Be (4)
Start-up so'urces containing 6 curies of Am-Be (c) sN app *NG ANo FACKsN G PROCEOURLs (Requsted for special reaclear material. See instructions on bxk.)
Shipment of the fuel elements containing SNM will be in accordance with provisions of NRC Certificates of Compliance Nos. 9034 and 9037, other material in accordance with NRC ana DOT regulations and all applicable regulations of overseas shipment.
9.' ENO USE O F CovuopsTICS COVt RE O BY TNIS A PPLIC ATsoH: (Desente fully, steting Jat uell be produced or narufactured, uhat sm smil be rendered, or the nature of the research that u;stl be performed.) (See nnstructsons on back for specual nuclear matersal.)
The SNM will be contained fuel elements and fission chambers for use in the dual core materials and testing TRIGA research reactor to be built and operated by the Institute for Nuclear Technology at Pietesti, Romania.
to 'll.e applicans, and any of ficial crecuting this certificate on behalf of the applicant na.aed in tre-t 4, certify that this aroliN is prepered in conformity with Title 10, Code of Federal Reptations, Parts 30 and to fif for bvproduct material) or Part 4') (
for source material), or Part 70 (if Mr special nucleat material), and I' art 71 (for trancart of ruaisse:ive material, if spplical and shot all inforc2 anon contained herein, inels. ding any supplements attached hereto, is true and correct to the best of their knowledge and belief.
GENERAL ATOMIC COMPANY L Apphcant n.amed en item 4)
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- es 0#'Douglad T. Farney
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Licensint Administrator t istle of ceristys ne ottscsa; nMet zed to xt on oehati of u eplicano t'centar 16 U. S.C Sec t.on I M I. A c t o f J va s ~ 5, 19 48 6 2 S tat. 7 0 ; m e'. ' ' " Aped d". 7 ' * *' ' " " """ ' '"' ' ' ' ' '
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9 0 g-Mr. Douglas T.
Farney General Atomic Company P.O.
Box 81608 San Diego, California 92138 U.S.A.
Subject:
End Use Statement of Consignee
Dear Mr. Farney:
~
We request that this statement be considered a part of the application filed by General Atomic Company for license te export certain by-product special nuclear material.
We desire to receive the following material in the quantity indicated below:
Material Type Form Quantity Uranium contained in TRIGA-Solid UZrH 58 kg 14 MW Fuel Elements
~93% Enriched in U-235 Uranium contained in TRIGA-Solid UZrH 46 kg ACPR Fuel Elements
~20% Enriched in U-235 Uranium contained in Electro-Deposited 20 gm Fission Chambers Metal
~93% Enriched in U-235 Am-Be Contained in Sealed 6 curies Neutron Sources Sources The above by-product and special nuclear material will be con-tained in fuel elements, fission chambers, and startup sources for the Dual Core materials and testing TRIGA research reactor being built for the Institute for Nuclear Technology at Pitesti, J
Romania, which will be used for nuclear research.
We certify that all the f acts contained in this statement are true and correct to the best of our knowledge and belief and we do not know of any additional facts which are inconsistent.iith the above statement.
INSTITUTE FOR NUCLEA R TECHNOLOGY P
TOAN IFTODE l- -4 (Signature)
'6 SCIENTIFIC DEPUTY DIRECTOR (Title)
November 19, 1975 (Date)
APPENDIX C-3
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SANO C
,ALIFoRNix 92138 j,
Refer To:
IEL-673 (714) 455-3000 f.
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Fbjuary 19, 1976 f"I p* J. a. '
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Director Nucienr Material Safety and Safeguards U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Subject:
Addendum to Application to Export S?c! to Romania Gentlemen:
Based upon NRC's request, we are submitting additional data to clarify our application to export SNM to Romania, reference IEL-668 dated February 13, 1976.
Reference Item 8(a) and (b) of AEC Form 7 (1) 58 Kg. of Uranium (93% enriched) containing approximately 54 Kg. of U-235 in fuel elements (2) 46 Kg. of Uranium (20% enriched) containing approximately 43 Kg. of U-235 in fuel elements (3) 20 grams of Uranium (93% enriched) containing approximately 18.6 g. of U-235 in 9 fission chambers (4) 6 curies of Am-Be in 2 start-up sources We hope this information will be adequate for your needs.
Very truly yours,
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['v, Douglas T. Farney Licensing Administrator Nuclear Material Control Division DTF:ts A9PENDIX C-4 x
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GENERAL ATOMIC COMPANY P O. Box 81608 SAN olEGO. CALIFOANIA 92138 (114) 455 4000 In Reply Refer To:
IEL-681 March 8, 1976 g9
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U. S. Nuclear Regulatory Commission CA Washington, D. C. 20555 N-
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Subj ect:
Addendum to Application to Export SNM to Romania;
""~
Correction to Letter IEL-673 Gentlemen:
Please correct Item (2), line 2 of our letter IEL-673 dated February 19, 1976 to you.
"43 Kg. of U-235 in fuel elements" was an inadvertent mistake; it should read "9.2 Kg. of U-235 in fuel elements".
Very truly yours, D
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Douglas T. Farney Licensing Administrator Nuclear Material Control Division DTF:ts
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Refer To:
IEL-770 SAN DIEco, CALIFORNIA 92138
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A (714) 453-1000 O
9 December 1976 h
RECEIVEDy2 Director 10%
O Nuclear Material Safety and Safeguards h
3 I976 an d d,')
U.S. Nuclear Regulatory Commission n s.
Ueshington, D.C.
20555 t
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s
Subject:
Addendum to application to Export SNM to 4 j
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r.u G:ntlemen:
G:neral Atomic Company has received a utilization facility license XR-91 to export a dual core materials and testing TRIGA research reactor to Romania.
The dual core reactor consis's of a 14 Mw steady state reactor utilizing uranium enriched to 9N and an annular core pulsing reactor using uranium snriched to 20%.
The components and materials covered by the above license have been fabricated and shipped to Romania and are presently at the Institute for Nuclear Technologies' reactor site in Pitesti, Romaata.
General Atomic also made application, on February 13, 1976, to export special nuclear material to Romania, and included an end use statement from the Institute for Nuclear Technologies.
The information contained in our application was revised in General Atomic letters of February 19 and 1
March 8, 1976.
It is the purpose of this letter to make a'further revision to our applicat:on la response to suggestions and comments made by the various governmental agencies currently reviewing the GA export license cpplication.
The fuel for this TRIGA reactor project is covered by two IAEA/ USA /Romania Supply Agreements. -One agreement was concluded 30 March 1973 and revised 3 July 1975.
Under the terms of this agreement, up to 46.47 kg of uranium enriched apprcximately 20% in U-235 and up to 42.0 kg of uranium enriched to approximately 93% in U-235 can be. transferred from the U.S.
to IAEA and hsuce to Romania.
The above material is currently in the possession of G1neral Atomic.
Use charges are being paid by General Atomic with reimbursement to GA by Romania.
Under the terms of the supply agruement, Romania will purchasa the exact amount of material being exported and will make payment upon export of the material from the United States.
]
A second supply agreement between IAEA/ USA /Romania was concluded 15 July
'1975 for the supply of up to 16.71 kg of uranium enriched to approxi=ately 93% in U-235 for TRIGA fuel elements for the 14 Mw steady state reactor and cpproxi=ately 20 grams of 93% enriched material for fission counters.
The cbove material is currently at General Atomic and the 16.71 kg of 93%
cariched material has been purchased and paid for by Romania in accordance with a sale contract IAEA/S/80.
wh -xJf APPENDig t.g _..
R6falEGiy andFWdhguares 6ELG-7R/B
+
In sumary, undar thn existing agreements, Romania is able to receive up to 46.47 kg of uranium enriched to appror h tely 207. in U-235 and up to a total of 58.71 kg of uranium enriched to approximately 93% in U-235 contained.in fuel elements and 20 grams of uranium enriched to 93% contained in fission chambers.
The concercial contract between General Atomic Company and the Romenergo State Foreign Trading Company (acting on behalf of the Institute for Nuclear Technologies) covering the supply of the reactor and reactor fuel elements stipulates that the above total quantities of uranium will be made available to General Atomic for the purpose of fabricating the reactor fuel elements.
~
The commercial contract also states that the above quantities include an allowance to cover manufacturing losses and unrecoverable scrap resulting from the fabrication process.
This allowance is 8% for the uranium 1
contained in the steady state TRIGA reactor which utilizes the 93% enriched mater 1a1 and an allowance of 3% for the fabrication of the annular core pulsing fuel elements utilizing 20% enriched material. Under the contract Romenergo will pay General Atomic for the losses and unrecoverable scrap.
)
General Atomic in turn will make payment to ERDA, In making its export application, General Atomic has applied for the total amount of material covered in the inter-governmental agreements.
This was done in full recognition that the actual amount of material which would be exported would be less than that covered by the agreements.
The purpose in doing so was to make the export application consistent with the inter-government agreements.
This approach has raised many questions among the various agencies reviewing the export application.
Therefora, in crder to eliminate any confusion about the quantities of SNM which will actually be cxported, General Atomic wishes to amend Sections 8a and 8b of its application (NEC Form 7) as follows:
8(a) Quantity to be Shipped (1) 51.5 kg of Uranium 235 contained in 55.3 kg of Uranium.
(2) 8.9 kg of Uranium 235 contained in 44.4 kg of Uranium.
(3) 18.6 grams of Uranium 235 contained in 20 grams of Uranium.
(4) 6 curies Am-Be 8(b) Co=modity Description (1) 49 TRIGA 14 MW fuel clusters containing 1225 fuel pins plus 4 spare instrumented fuel pins each containing a Uranium-Erbium Zirconium Hydride alloy with the uranium enriched to approximately 93% in U-235.
l (2) 167 TRICA fuel elements con.taining a Uranium-Zirconium Hydride alloy with the uranium enriched to approximately 20% in U-235.
(3) 9 fission chambers containing electro-deposited uranium enriched to approximately 93% in U-235.
(4) 2 start-up sources of 3 curies each, Model 2322 Monsanto Research Corp., Dayton Laboratory.
2 APPENDIX C 7
Nuc122r Matcrisl Szfaty and Sngsguards N,
l The remainder of our export license application is unchanged.
We trust that you will concur that a new end use statement is not required from the Institute for Nuclear Technologies as s result of this revision to our application.
In recent discussions with various governmental agencies, it has been cuggested that when an application is made to export material enriched to more than 20%, that the need for the higher enrichment be discussed.
In cecordance with this suggestion, General Atomic has prepared the attached review of the consequences of using 20% enriched material in lieu of the 93% enriched material for the steady state reactor.
This review is to be considered as an attachment to our export license application.
He trust that this revision to our application and the enclosed discussion of the need for 93% material will satisfy the NRC requirements and result in an early approval of our export application.
The fuel elements for the ACPR reactor have been completed and have been held in storage at GA for over a year.
The fuel for the steady state reactor (93% enriched) is apprcrimately 60% complete and is scheduled to be completed before the sad of 1976. As mentioned earlier, the reactor components and the control and instrumentation systems are at the reactor site in Romania.
GA is waiting for the Romanians to complete their portion of the reactor facility construction af ter which reactor installation will take place; and startup testing will begin in mid-1977.
Sincerely yours,
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William R. Mowry Licensing Administrator Nuclear Materials Control Division 4
l APPENDIX C-8 u
o
j i
.' ATTACHMENT 1 - URANIUM AND ENRICHMENT REQULRC4ENTS FOR THE GENERAL ATOMIC ROMANIA TRIGA REACTOR PROJECT i
Project Description 1
The reactor project consists of a dual-core materials testing and j
research reactor that General Atomic is providing for the Institute for Nuclear Technologies.
By dual-core it is meant that two separate reactors will' operate in a single reactor tank as shown on the attached figure.
One reactor known as the Annular Core Pulse Reactor (ACPR) is specifically designed for pulsing operation and the other reactor is designed for long-term steady state operation at a power level of 14 MW thermal.
Both l
reactors may be operated simultaneously and independently.
The Annular Core Pulse Reactor will be used to examine fuel rod behavior under various accident conditions of power reactors to establish 1
realistic criteria for reactor safety and to develop anslytical models for prediction of fuel failures.
'The Steady State Reactor will be used for long-term testing cf power reactor fuel components (pellets, pins, sub-assemblies and fuel assemblies).
Other uses of the reactor will be to improve fuel fabrication techniques based upon the experimental test results.
The reactor is designed for extreme flexibility of core arrangements to acco=modate various experiments. A major design consideration was the eventual addition of in-pile experimental loops to be installed in tne reactor as part of the materials testing program.
The reactor building containing the dual-core reactor has been designed to allow for the installation of these in-pile loops shortly after the reactor construction is completed.
Another facet of the Romanian program is the construction of a Hot Cell Complex immediately adjacent to the reactor room.
The Hot Cell loading and disassembly cell is directly connected to the reactor pool via o water-filled transfer canal between the two facilities.
It is the intent of the Institute for Nuclear Technologies to use the reactor, the in-pile loops and the hot cell f acility as a part of a comprehensive program to develop their own autonomous power reactor fuel fabrication capability.
Fuel Elements The Annular Core Pulsing Reactor (ACPR) will consist of 153 standard TRIGA ACPR fuel elements, six thermocouple instrumented elements, one 1
seanasut e o
prchturc* instrumented elem:nt, and esvan (includin3 one spare) fuel,,
follower control rods.
Except for the spare fuel follower control rod, there is no spare fuel and essentially all of the 166 elements are required for operational core loading.
Since the reactor is designed for pulsing, it is assumed that very little steady state operation will occur.
In this instance, the estimated core life is more than 20 years and it is not expected that a new core will ever be required.
The ACPR fuel is in the form of solid metal cylinders consisting of approximately 12 wt-% uranium and 88% zirconium. The uranium has a nominal enrichment of 20%.
Each alement will contain approximately 265 grams of uranium.
The Steady State Reactor (SSR) is designed for extended periods of operation at power levels up to 14 W, It does not produce any electrical l
power. Under the terms of the commercial contract, General Atomic has guaranteed the reactor core life to b. at least 7,000 W/ days.
General Atomic has also guaranteed a thermal flux of 2.3 x 10 ' neutrons per equare centimeter per second at a designated location near the core center.
Both of these guarantees carry severe financial penalties to General Atomic if they are not achieved.
j
.The reactor fuel elements as shown on the attached sketch are contained in cylindrical rods 1/2" diameter by 30" long with Incoloy cladding and stainlesa steel end fittings.
The individual fuel rods are t.ssembled into a fuel cluster consisting of 25 rods in a square 5 x 5 array. The fuel rods are individually removable from the fuel cluster.
The individual fuel clusters are individually removable and fit into a grid plate wl.ah has a large number of positions to accommodate a variety of core arrangements.
Based on calculations made at General Atomic, the operational core configurction for 14 W operation will consist of at least 29 fuel clusters.
Although the operational core confi uration for 14 W is b
calculated to be 29 fuel clusters, under the terms of the contract between General Atomic and the Institute for Nuclear Technologies, General Atomic is to supply a total of 49 fuel clusters.
The additional fuel clusters cre for the following purposes:
1.
To compensate for differences between calculated core size and the actual required core size as determined during initial operation tests. This reactor is a first of a kind for the TRIGA Reactor Division.
2 APPENDIX C-10
-a i
- 2. - An ellowancs for experimrnes and in-pile test loops. Note that J
substantially more fuel will be required for core arrangements other than the optimum reference design arrangement, which is a minimum core size.
The reactor core is and must be designed to 1
allow a wide variety of core arrangements to meet the experi-mental needs of the Institute for Nuclear Technologies.
3..
Contingency for replacing fuel damaged during handling or operation.
4.
Compensation for fuel burnup and for fission product poisoning.
i 5.
Additional fuel to compensate for the long lead time required to f abricate replacement fuel elements.
Note the 14 MW fuel pins differ from rhe standard TRIGA reactor fuel and thereby require a special production run which must be factored into the pro-duction needs of the 54 other TRIGA reactor customers who require standard fuel.
As noted above, the reactor core is guaranteed for 7,000 FN/ days.
Assuming a 75% duty cycle and operation at the full power level of 14 FN, it is predicted that the reactor core will last approximately 1.8 years.
Safeguards Considerations The safeguards implications of TRIGA reactors can be divided into two categories:
production of plutonium and diversion of the reactor core uranium.
a.
Production of plutonium (in the 93% enriched reactor).
Calculations made at General Atomic indicate that the reactor operating at its expected core life of 1.8 years at an 80% duty cycle would produce a total of 64 grams of plutonium per reactor core or 35 grams of plutonium per calendar year.
If one were to assume that a volume of U-238 metal equal to 25% of the core volume is placed around the reactor core, General Atomic calculations indicate that 310 grams of plutonium could be f
produced per calendar year with the above core arrangement.
Thus, approximately 20 years would be necessary in order to produce a critical mass of plutonium. This fact, combined with the requirement for a hot reprocessing facility, results in plutonium production and recovery not being of concern in the TRIGA reactor.
3
... _ p PENDJY C-11
W
~,-
i
' b. ' Diversion of the reactor core uranium.
In order to obtain weapons grade material, the uranium would have to be chemically separated from the zirconium and erbium which coexist as a metal alloy in the reactor fuel meat.
This is a very difficult and complex task, even before the fuel becomes radioactive.
After the fuel has become radioactive, the chemical separation of the uranium would require a very sophisticated technology, plant, and equipment.
The cost of chemical separation is prohibitive in obtaining weapons grade material in this fashion.
In addition, the reactor fuel is not an attractive diversion target since the material is contained in discrete fuel elements which can be easily counted.
The inventory measurements depend only on a numerical count rather than on analytical measurement techniques.
Any diversion of the' fuel elements is therefore readily detected and would provide early warning of a nation's intention.
Because of the certainty of detection and because the quantity of fissile material available is small relati.ve to the consequences of an overt diversion, it does not seem reasonable that a nation would declare its willingness to violate international obligations and jeopardize its future nuclear development program for such a meagre reward.
Consequences of Reduced Enrichment The consequences of reducing the enrichment of the Romanian Steady State reactor core from 93% to 20% have been assessed in three respects:
operational consequences, economic consequences, political consequences.
Each of these is discussed below.
1.
Operational Cc7 sequences.
The possibility of operating the 14 MW i
Steady State Reactor with the same core configuration, but using 20%
enriched uranium, has been evaluated.
In su= mary, operation with 20%
material is probably not possible and even if operation were possible, it would result in a reactor which quite likely would be unstable in operation, due to a positis2 temperature coefficient.
A further drawback would be the need for substantially more reactor downtime required for very frequent reactor refueling.
Note the core life for 20% enriched material is approximately 1/10 that of the 93%
enriched material.
4 l
APPENDIX C-12 l
s
- 2. ' Eco'nomic Coneequeners. Attached is a fual cycle cost comparison between 93% enriched TRIGA fuel elements and 20% enriched TRIGA fuel siements. The total cost includes the f abrication, uranium, shipping and reprocessing costs and uranium credits for the two types of reactors over their respective lifetimes.
In su= ary, it would cost a minimum of 8 times as much or over $3,600,000 per year extra to operate the Romania reactor with 20% enriched fuel as compared to 93%
enriched fuel (if it were technically feasible).
Over the lifetime of one 93% enriched TRIGA core, the additional cost to the Romanians for the use of 20% enriched fuel material would be more than
$7,000,000.
This is clearly not an acceptable alternative to using
, fully enriched fuel.
3.
Political Consequences a.
General Atomic applied for a license to export the reactors to Romania in September of 1972 and received an export license covering the reactor components on June 29, 1973.
In the intervening period, Romania entered into Project Agreements and Supply Agreements with the U.S. and the IAEA.
,b.
Romania has signed and ratified the Non-Proliferation Treaty.
c.
This project has been reviewed and approved by the U.S. Eximbank and Romania has received a loan totaling over $3,500,000 to cover the purchase and construction of this reactor.
d.
Romania has already paid General Atomic over $76,000 covering the lease charges during the time the uranium contained in botn reactors is in the possession of General Atomic for the purpose of fabricating the reactor fuel elements, e.
Physical security teams from both NRC and ERDA have visited Romania and approved of the Romanian physical security ptocedures, f.
Romania has purchased from ERDA 16.7 kg of uranium 93% enriched at a total price of $281,347.
g.
Throughout the life of this project the Division of International Security Affairs-ERDA has been kept appraised of the current status of the project through the Assistant Director for Political-Military Security Affairs.
Thuu the Romanian reactor project has been going on for over four years with the full recognition and support of t!.e various U.S.
g APPENDIX C-13
o 3
l' governs:nts1 agrncies. To withdraw that support or to materially change the basis for the project would not only have very serious effects upon the excellent relationship between the U.S. and Romania, which has been so carefully cultivated by both nations, but also upon the credibility of the U.S. government in international nuclear affairs.
In addition to the considerations su=marized above, a change to 20%
material, even if f easible, would have a severe ef fect upon the national program established by the Romanian government.
It is the opinion of General Atomic that a change in the enrichment would result in at least a two-year delay to the overall project.
Also, other consequences of a commercial nature will occur.
The investment that both General Atomic and Romania have in uranium and in lease charges would have to be settled in a manner fair to both parties.
The fact that a reactor core operating with 20% enriched uranium does not meet the experimental needs of the Romanians would result in a severe contractual dispute between'the Institute for Nuclear Technologies and General Atomic.
It is inconceivable that the governments of the United States and Renania could hold the=selves aloof from these commercial problems.
i l
6 APPENDIX C-14
4 9.0 m (s30 ft) 4 STEADY-STATE REACTOR ACPR 3
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3 CAVITY i
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x LOADING 3
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TANK REACTOR SHIELD
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EL-0980B I
i Fig. 1-1.
Dual-core TRIGA.
1-2~
APPEf1 DIX C-15
-i ALUMINUM FUEL CLUSTER HANDLING TOOL HOLE
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0.016 THICK
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[ COMPRESSION SPRING s
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=
SECTION A-A
=
FUEL PIN DESIGN DIMENSIONS IN INCHES
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?g Fig. 3-5.
Fuel element 5 '
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FUEL CYCLE COST COMPARISON
(
ORJECT: To compare the fabrication, uranium, shipping, reprocessing costs and U credits for one 93% enriched TRIGA FLIP core over its lifetime with the ex-pacted similar' costs of the number of 20% enriched TRIGA cores required to provide the same number of years of reactor operation.
~
~
GENERAL ASSUMPTIONS
~
o Redctor is operated at 14 MW at a duty cycle of 75%
o Consumption of uranium 235 is _1.25/gms/MR day o
Shipping charge for spent cores is $60,000 per core o
Present U.S. ERDA uranium prices are $20,245.13/kg,U for 93% enrichment and $4,043.06/kg U for 20% enrichment o
A TRIGA FLIP core consiats of 27, 23-rod fuel clusters, Cat. #616 at
$23,000 ea. and 2 instrumented _25-rod clusters, Cat.. #716 at $27,000 each.
Total core price for 29 clusters
$675,000 for fabrication exclusive
=
of U'value.
The fabrication cost would be the same regardless of uranium en.richment.
o The fuel pins in each TRIGA cluster provide 16.9 kg metal to be. repro-cessed.
This weight would not change significently for different enrichments.
o.
Reprocessing of spent TRIGA fuel (current U.S. ERDA price schedule) i l
$145/kg metal x 16.9 kg metal / cluster +
(100% - 33.5% burnup)
(1.105 kg/ cluster)($135)
$2,550/ cluster or 2451 + 99
=
=
$73,950/ core.
Reprocess'ing costs for lower enrichments are not significantly different.
93% ENRICHED TRIGA FLIP CORE ASSUMPTIONS AND CALCULATIONS o
Each TRIGA FLIP cluster contains 1.029 kg U-235 or 1.105 kg U.
29.841 kg U-235 or 32.045 kg U.
Total core
=
o Value of.U contained in new TRIGA FLIP core per current U.S. ERDA price schedule:
, $20,245.13/hg U x 32.045 kg/ core
$648,760/ core
=
- o Total core fabrication + uranium price in 1976
$675,000 + $648,760
=
$1,323,760
=
t e
I f
O 9
APPENQIX C-17 a,_
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(~
s CONCLUSIONS Lo: king at. che core lifetimes of 2 years for the 93% enriched and the upper limit estimate
- of 0.2 year for the 20% enriched cores it is obvious that ten 20% cores are required to give the 'same amount of reactor operation as one 93% core.
Price for each Price for ten Price for one 20% TRIGA Core 20% TRICA Cores 93% TRIGA Core Fuel Fab 675,000 6,750,000 675,000 Uranium 129,000 1,290,000
~649,000 Shipping 60,00,0 600,000 60,000 Rrprocessing 74,000 740,000 74,000 Subtotal 938,000 9,380,000 1,'458,000 U credits at cnd of core life 108,000
'1,080,000 431,000 TOTAL' NET
$830,000
$8,300,000
$1,027,000 I
As can be seen, it would cost a minimum 8 times as much or over $3.6 million per year extra to operate a 14 MJ TRIGA with 20% enriched fuel.
This doesn't I
cv:n assess the tremendous manpcwer and reactor downtime costs associated with l
replacing the 20% core 5. times per year.
It doesn't evaluate the extra costs dua to inflation which would further penalize the 20% approach.
It doesn't cddress the reduced safety of the reactor or the different fluxes from that required in the reactor design.
It does show that operation with 20% enriched foal does not provide an acceptable alternative to using fully-enriched fuel.
\\
~
CS;c G.B. West memo to J. Batch dated Nov. 12, 1976 '
e llll&
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L APPENDIX C-18
m a.
o
.o ~
Csra Consumption Rate Core loading of 29 TRICA FLIP clusters lasts about -8,000' W-days or 21.9 W years 3
yea [s core Me
=
- .75 duty c1 x 4W 8000 WD/ core x 1.25 g burnup/E D 10,000 g U-235 burnup/ core
=
Burnup_
29,841 10,000
=
33.5%
=
o End of life value of U remaining in core 29.841 kg U-235 new 10 kg U-235 burnuo 19.841 kg U-235 32.045 kg U total when new.- 10 kg U-235 B.U.
22.045 kg U 90%' enrichment
=
22.045kgUx$19,554/kgof905enrichedU
$431,000 credit
=
20%' ENRICIED TRICA CORE ASSUMPTIONS AND CALCULATIONS *
'o 29 cluster core contains 6.4 kg.U-235 or
~
20% nrich.
E Each cluster contains 221 g U-235 or 1105 g U
=
Value of U contained in new 20% TRICA core per current U.S. ERDA price o
schedule:
)
$4C':3.06/kg U x 32 kg
$129,380/ core
=
o Total core fabrication' + U price in 1976
=
a
$675,000 + 129;380
$804,380
=
o Core Consumption Rate With 20%, enrichment, core lasts maximum of 800 Ni days or 2.2 W years year. c re 1He
=
.75 duty c c e x 14 W 800 WD/ core x 1.25 g burnup/WD 1000 g U-235 burnup/ core
=
1000 Burnup 15.6%
=
=
6400 i
Lo End of. life value of U rc=aining in each core 6;4'kg U-235 new
-1 ke burnuo
-5.4 kg U-235 17.4% enrichment
=
32;kg U total when new - 1 kg U-235 B.U..
31 kg U 31 kg.U remaining x ' $3480/kg of 17.4% enrichment
'$108,000 credit per core j
=
(
s
.s
(
/
s
'_ CONCLUSIONS Looking at the core lifetimes of 2 years for the 93% enriched and the upper limit ' estimate
- of 0.2 year for the 20% enriched cores it is obvious that 20% cores are required to give the 'same amount of reactor operation as one ten 93% core..
Price for each
' Price for ten Prise for one 20% TRICA Core 20% TRICA Cores 9 /e. TRIGA Core Fuel Fab 675,000 6,750,000 675,000 Uranium 129,000 1,290,000
'649,000
{
Shipping 60,00,0 600,000 60,000 i
Reprocessing-74,000 740,000 74,000 l
Subtotal 938,000 9,380,000 1,458,000 U credits at end of core life 108,000 1,080,000 431,000 TOTAL' NET
$830,000
$8,300,000
$1,027,000
,j i
As can be seen, it would cost a minimum 8 times as much or over $3.6 million per year extra to operate a 14 IW TRIGA with 20% enriched fuel.
This doesn't even assess the tremendous manpower and reactor downtime costs associated with replacing the 20% core 5 times per year.
It doesn't evaluate the extra costs i
due to inflation which would further penalize the 20% approach.
It doesn't address the reduced safety of the reactor or the different fluxes from that required in the reactor design.
It does show that operation with 20% enriched fuel does not provide an acceptable alternative to using fully-enriched fuel.
i t
- See C.B. West memo to J.' Batch dated Nov. 12, 1976 '
1 s
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l APPENFOIX R-20
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DRAFT Mr. William Mowry General Atomic Company P.O. Box 81608 San Diego, California 92138
Dear Mr. Mowry:
Enclosed please find Export License XSNM-885 issued pursuant to your application of February 1976.
You will note that the license covers all the material for which your application requested authority to export to Romania except for approxi-mately 17 kilograms of uranium enriched to 93 percent U-235 in the form of UZrH fuel elements.
In its review of the proposed export, the Executive Branch recommended that the Commission approve, among other things, only 38.675 kilograms of uranium enriched to 93 percent U-235, exclusive of the gram quanti-ties in fission chambers, at this time.
Both the Executive Branch and NRC staff reviews concluded, after consultation with General Atomic, that this amount would be sufficient for the initial core and operation of the SSR for about two years.
I would add, however, that the Executive Branch recommendation and the Commission's action in this regard is without prejudice to any further applications General Atomic may submit for additional exports to Romania.
Moreover, I would note that, in the review of Application XSNM-885, the Executive Branch and the Commission have found that the proposed export meets all applicable statutory requirements or their equivalent.
Sincerely, Michael A. Guhin, Assistant Director Export / Import and International Safeguards Office of International Programs APPENDIX D -1
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EXPO RT LICEIJSE
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1 June 1980
'j THIS UCENSE EXPIRES l
3Hi1Ph $1H1P5 Df AntPrirn XSNM-885 l4f.,sj.
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Nuclear Regulatory Commission
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Pursuont to the Atomic Energy Act of 1954,os ornended.ond the tne licensee, o license is hereby issued to the licensee author !
O.7 Energy Reorganization Act of 1974 and the regulohons of the izing the export of the materials and/or production or utilizahon ! j.
f Nuclear Regulatory Commission issued pursuant thereto, and in *fdcilities I;sted below, subject to the terms and conditions herein.
9 reliance on statements and representations heretofore mode by 3 j.,z..,
~
uC(NSff ULTIMATE CON $1GN&l IN FOMIGN COUNitY h
General Atomic Company Institute of Nuclear l gr-/*
q P.O. Box 81608 Technologies l p.k, t
San Diego, California 92138 Romanian State Committee for
- p, b.
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^ " 55
- " 55 Nuclear Energy i.
Attn:
W. R. Mowry Pietesti, Romania g
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int (tME0iATE CON $1GNEE IN FOfflGN COUNTRY OfMER PAfflES TO EXPORT i km i
N=E 015 Romenergo Foreign Trading Company
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'l No. 1 Boulevard Lacul Tei NONE Bucharest, Romania A00tf$$
,1 19)
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!A mucANt $ n'. No IEL-668 CoVNHY OF UlflMAff Of$fmilON Romania
!, feu 4
oVANilfY DE$ClifflON OF MAffilALS Of FACluTIES
,i.
35.97 kilograms of uranium-235 Contained in 38.675 kilograms uranium i
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enriched to 93 w/o maximum.
i 8.8C kilograms of uranium-235 Containedin44.4kilogramsofuraniuml<
y.mh
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enriched to 20 w/o maximum.
y I
I v ct, 4
18.6 grams of uranium-235 Contained in 20 grams of uranium
! N:
j enriched to 93 w/o maximum.
I "5 F
)
4 6 ct ries of americium-241 Contained in 2 sealed sources.
[
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Conditions 4,6,8, on page two and conditionsr9,10,11, ar.d 12 on page
!Wi three of this license apply to this export.
E
.d, ///////// /////////////////////////////////END////////////////////////////////////Mfig*
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i Neither this license nor any right under this license shall be assign-THl$ UCENSE l$ INV AUD UNiES$ $sGNED BELOW
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I I N ed or otherwise transferred in violohon of the provisions of the sY AUrwOer2co Nec eEPft$(NTAflVE I
Atomic Energy Act of 1954 oiemended and the Energy Reorgon-4 ". ' #
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i,etion Act of l974 James R. Shea, Director F;E.
Office of International Programs E W.
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This license is subject to the right of recapture or control by Sechon 1
108 of the Atomic, Energy Act of 1954, os omended and to all of the
). ' '
.S.
other provisions of said Acts. now or hereafter en effect and to oll u
D A TE 08 15$U ANCE Mi
- l volid rules and regulohons of the Nuclear Regulotory Commission.
p NM_v TM55_v * :wvTM v 9:n ?1'MvM Ty,vyyJp5M :rM_vv'r_r_v v vvyv1'c' vr 'rX3
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U.S. NUCLEAR REGULATORY COMMISS'ON Page 2 of 3 Pages EXPORT-LICENSE
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Conditions.
License Number XSNM-885
}-
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,. - -O
".'. Condition 1 - Licensee shall file with' the Cus*c.
.3fficer or the Postmaster two copies,in addi.
tion to those otherwise required,.of the Shipper's Export Dectorotion covering V -
each export and mark one of such copies for transmittoi to the U.S. Nuclear Regu-lotory Commission, Washington, D.C. 20555. The following dec! oration should oc-
~
company or be placed on the Shipper's Export Dectorations for such exports:
"This shipment is being made pursuont to specific license nuniber (specific license number) filed at (location of Customs office where license is filed),
)
on (dote license was filed). This license expires on (expiration date of
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~
license), and the unshipped balonce remaining on this li~nse is sufficient to l
cover the shipment described on this dectoration."
j Condition 2 - Exports authorized in any country or destinction, except Country Groups 0, S, W, i
X, Y, and Z in Port 370, Supplement No.1, of the Comprehensive Export Schedule 6
of the U.S. Department of Commerce.
Condition 3 - This license covers only the nuclear content of the material.
Condition 4 - The material to be exported under this licer,se shall be shipped in accordance with
. the physical protection requirements for special nuclear material in 10 CFR 73.
Condition 5 - Special nuclear meterial authorized for export under this license shall not be l
transported outside the United States in possenger corrying circraft in shipments L
exceeding (1) 20 grams or 20 curies, whichever is less, of plutonium or uranium 233, or (2) 300 grams of uranium 235.
1 Condition 6-This license authorizes expc,rt only and does not cuthorize the receipt, physical possession, or use of the nuclear materiol.
I Condition 7 -The licensee shall complete and submit on NRC Form 741 for each shipment cf source material exported under this license.
Condition 8 - The licensee shall advise the NRC in the event there is ony change in the designo-
'c i
tion of the company who will package the nuc! eor material to be exported under c
this license, or any change in the location of the packaging operation, at least three weeks prior to the scheduled dote of export.
4
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Page 3 of 3 Pages License No. XSNM-885 License Condition 9 Shipments by air of 5 kgs or more of uranium-235 (contained in uranium enriched to 20% or more in the U-235 isotope) shall be scheduled with no planned intermediate stops after leaving the last terminal in the United States.
In the event such a schedule is_not possible, the licensee shall submit an alternative for the consideration and approval of the NRC prior to shipment to the Director, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
License Condition 10 The licensee may transport the special nuclear material authorized by this export license outside of the jurisdiction of the U.S. in passenger-carrying aircraft provided that-a)
Each shipment of special nuc1 ar material enriched to 20% or more in the isotope U-235 contains less than 5 kgs of uranium 235, b) The countries other than the U.S. in which the departing and arriving terminals are located do not prohibit such shipments.
License Condition 11 For any series of shipments of special nuclear material enriched to 20% or more in the isotope U-235 to the same consignee, in which individual shipments are less than 5,000 grams U-235, the licensee shall confirm and log the arrival at the final destination of each shipment in the series before relassing the st.osequent shipment.
License Conditien 12 For shipments defined under Condition ll, arrange":nts shall be made at each location where the shipner.. is transferred from one carrier to another, or from one mode of transport to another, to designate an individual who shall be responsible for monitoring the transfer under the licensc.
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FRENCH w, y THE TEXTS OF THE INSTRUMENTS CONCERNING THE AGENCY'S ASSISTANCE TO ROMANIA FOR THE ESTABLISHMENT OF A RESEARCH REACTOR PROJECT s
The texts:(1) of the '?upply Agreement between the Agency and the Guvernments of Romw:ia and tha United States of America, and of the Project Agreement between the Agency and the Govarnment of Ron.ania concernin : the Agency's assistance to that Government for the establish-mant of a research reactor project, are reproduced herein for the information of all Members, j
$cth Agreements entered into force on 30 March 1973 s
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APPENDIX E-1
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lWCIRC406 1
(b) Tha precica quantity and. enrichment of the fuel material in the fual clements shall be determined by the Manufacturer, and Romania shall cause the Manufac-turer to. submit to the Agency and to the Commission a written certification of the Manufacturer's determination of the enrichment by weight in the isotope uranium-235 and of the quantity of enriched uranium contained in the fabricated fuel elements.
This determination may be verified by the Agency, by Romania and by the Commis.4 ton by means of any review or analysis that any of them may deem npp-opriate, and shall be approved or revised by unanimeus agreement of the parties.
The quantity and' enrichment shown in the agreed determination shan be accepted by the parties as conclusive for all purposes; (c) Upon completion of the fabrication and the preparation for shipment of the fuel material, and upon agreement with respect to the determination concerning i
such material as specified in Section 3(b), and upon compliance with paragraph 3
. of the Annex to the Project Agreement, Romania, at the request and on behalf of the Agency, shall arrange for a transporter who, after thirty (30) days' written notice to the Commiasion and suoject to such terms, charges and
.licences as the Commission may require, shall transport and deliver the material to the port of export in the United States of America designated by the Commission after consultation with the Agency and Romania.
The Commission, at the request cf the Agency, shan thereupon transfer pcssession to Romania,'
acting on behalf of the Agency, at such port of export and authorice the export of the me.terial.
On behalf of the Agency, Romania shall thereupon make arrangements, including.the payment of all costs, for dorr *stic and overseas transportation and delivery (including the cost of container s and packaging) and for storing as well as for physically handling the mr< e ialin connection with such delivery and transfer: such arrangements anc _osta shall not be the responsthility of, nor be borne by, either the Commission or the Agency.
.On behalf of tiau Aguncy, Ruinania shall accept possession of the material at the designated port of export and shall forward appropriate receipts therefer to the Agency and to the Commission on behalf of the Agency, whereupon Romania j
chall nssume fun and complete responsibility for the fuel material contained in the fuel elernents;
-(d) Title to the fuel material shan vest in the Agency at the time such material leaves the jurisdiction of the United States and shan thereafter imrnediately j
and automatically vest in Romania.
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. ARTICLE II
' P ayment Se etion 4.
The Agency shan send an invoice to Romania at or subsequent to the tims Romania has accepted possession of the fuel material pursuant to Section 3(c).
Within twenty (20) days from the date of this invoice, Romania shan pay to the Agency in tha Unitcd States currency a sum equal to that which the Agency will be obligated to pay to the Cornmission pursuant to Section,5.
On an amounts not received by the Agency within twenty (20) days frr r. the date of invoice, Romania shan pay interest at the per annum rate (365-day basis) established from time to time by the Commission, such intersst to commence on the twenty-first (21st) day from the date of invoice.
Se etion 5.
Th'e Commission shan send an invoice to the Agency at or st.bsequent to the time the Commission transfers possession pursant to Section 3(c).
Within
%irty (30) days from the date of this invoice the Agency shall pay for the enriched uranium to per tha schedulo of charges for enriched uranium published in the United States Federal Register and'in effcet on the date of transfer of the material, provided, however, that in APPENDIX E-3i EmumwaR#mAh 4 Rrembre 08 the bei material should exceed
o I.
SUPPLY AGREEMENT s.
n.,
. CONTRACT FOR THE TRANSFER OF ENRICHED URANIUM FOR A RESEARCH REACTOR IN ROMANIA WHEREAS the Government of the Socialist Republic of Romania (hereinafter caHed
- R:rn:nia"), desiring to set up a project consisting of a dual-core TRIGA training and recrnrch reactor for peacefu', purposes (hereinaRer caHed the " reactor"), has requested the cocistance of the Imernational Atomic Energy Agency (hereinafter called the " Agency")
in s: curing, among other things, the special fissionable material necessary for this purpoco;
-s WHEREAS the Board of Governort f the Agency approved the project on 20 Fcbruary 1973, and the Agency and Rt sania are this day concluding an agreement for tha provision by the Agency of the assistai e requested by Romania (hereinafter caned the
Prrj ct Agreement") [3];
WHEREAS the Agency and the Government of the United States of America (hereinafter call:d th; " United States") on 11 May 1959 concluded an Agreement for Co-operation (here-Lnaftse caHed the "Co-operation Agreement"), (3) under which the United States undertook to maka cvailable to the Agency pursuant to its Statute certain quantities of special fissionable matarial; and WHEREAS Romania has made arrangements with a manufacturer in the United Statsa of America (hereinafter caued the " Manufacturer") for the fabrication of enriched branium into fuel elements for the reactor; NOW, THEREFORE, the Agency, Romania and the United Lates Atomic Energy C:mmis ion (hereinafter caHed the " Commission"), acting on behalf of the United States, hereby agree as fonows:
ARTICLE I '
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Transf e r of Enriche d Uranium Soction 1.*
Subject co the provisions of the Co-operation Agreement, t,he Commiccion shan transfer to the Agency, and the Agency shall accept from the Commission, apprcximately 46 470 grams of uranium enriched to approximately 20 per cent'and approximately 34,350 grams of uranium enriched to approximately 93 per cent in the L:ot:pa uranium-235 (hereinafter called the " fuel material"), the precise quantities and enrichm nts to be determined pursuant to Section 3(b), contained in feel elements for use b tha r actor.
Soction 2.
The Agency sh'au transfer to Romania, and Romania shall accept from th7 Agency, the fuel material received by the Agency pursuant to Section 1, So etion 3 The conditions of the transfers of the fuel material specified in Sectirna 1 and 2 shall be as follows:
(b) The Commission shall mak'e available to the Manufacturer or to a properly licensed suppuct of the Manufacturer, at a facility of the Commission designated by it, enriched uranium, in the form of uranium hexafluoride, for the fuel material, subject to such terms, charges and licences as the Commission may require unless the enriched uranium is to be drawn from the Manufacturer's inventory; 2)
Part U of this document.
tha.chtrgos est forth in tha Annex to this Contract, which are the charges in effect on the j
, dato cf tha entry into forca of this Contract pursuant to Section 12, the Agsney, at the requsst of Romanin, shall cancel this Contract without incurring obligations of any kind thareunder.
Payment shan be made in United States ;urrency to the Commission or its d2cignated agent or contractor.
On an amounts not received by the Commission within thirty (30) days from the date of invoice, the Agency shan pay interest at the per annum rato (365-day basis) established.' rom time to time by the Commission, such interest to j
commence on the thirty-first (31st) day from the date of invoice, except that, whenevet tha due date for any payment under this Section fans on a Saturday, a Sunday or a legal holidr,y, interest shall commence on the day immediately following the next day which is not a Saturday, a Sunday or a legal holiday.
Section 6.
In order to assist and encourage resc$rch on peaceful uses or for medical therapy, the Commission has in each calendar year offered to distribute to the Ag:ncy, free of charge, special fissionable material of a value of up to US $ 50 000 at the timo of transfer, to be supplied from the amounts specified in Article II. A of the Agree-msnt for Co-operation.
If the Commission finds the project to which this Contract r21ates eligible, it shall decide by the end of the calendar year in which this Contract is concludea on the extent, if any, to which the project shall benefit by the gif't offer, and shall promptly notify the Agency and Romania of that decision.
The payments provided in Sections 4 and 5 shall be reduced by the value of any material thus distributed.
ARTICLE III R e s p o n sib ilit y Se etion 7.
Neither the Agency nor any person acting on its behalf shan at any timo bear any t esponsibility towards Romania or any person claiming through Romania for the calc handling and thw use of the fuel material.
Seetion S.
After acceptance of possession pur::uant to fiection 3(c), the Agency chall assume fun responsibility to the Commission for the fuel material, and Romania shall be equany responsible to the Agency neither the United States, nor the Commission, ner any person acting on behalf of the Commission shall bear any responsibility for the I
safo handling and the use of such material.
4 ARTICLE IV Officials not to Benefit S e etion 9.
No Member of the Congress of the United States of America or
, Racident Commissioner of the United States of America shan be admitted to or share any part of this Contract or any benefit that may arisc therefrom.
ARTICLE V Settleraent of Dis pute s j
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Se ction 10. If the parties should be unable to reach agreement with respect to th2 determination provided for in Section 3(b) within thirty (30) days of the submission of such determination to them by the Manufacturer, any party may request that such a datormination be made by a laboratory agreed upon by an the parties.
The labcratory may perform any tests or. analyses that it may deem necessary, and all parties agree to
- facilitate its work in every way.
The results of the determination by the laboratory shall be considered final and binding on all partics.,
The costs of the determination by the laboratory shall be borne equauy by the parties, provided that, if the determination inricted on by any party or parties is confirmed by the laboratory, such party or parties chan not be obliged to bear any share of the costs.
APPENDIX E-B.'
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clutnsm-rutrTr, B t aGVWTG TEGrfp(KNasshTfWpleaSion og thij C:ntract, which is not cattisd by negotiation or as may otherwis2 b3 agresd by tha
- partics,conearr:sd, chan on tha requact of any party ba submitted to an arbitral tribunal compoc d as follows:
('a) H the dispute involves only two of the parties to'this Contract, au three parties agreeing that 'he third is not concerned, the two parties involved shall each
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designate one arbitrator, and the two arbitrators so designated shan elect a third, who shan be the Chairman.
If within thirty (30) days of the request for arbitration either party has not designated an arbitrator, either party to the dispute n2ay request the President of the International Court of Justice to appoint an arbitrator.
The same procedure shan apply if, within thirty (30) days of the designation or appointment of the second arbitrator, the third arbitrator has not been elected; (b) If the dispute involves an three parties to this Contract, each pa.+f shan designate one arbitrator, and the three arbitrators so designated shall by unanimous decision elect a fourth arbitrator, who shan be the Chairman, and a
. fifth arbitrator.
If within thirty (30) days of the request for arbitration any party has not designated an arbitrator, any party may request the President of the International Court of Justice to appoint the necessary number of arbitrators.
The same procedure shan apply if, within thirty (30) days of
(
the designation or appointment of the third of the (1rst three arbitrators, the Chairman or the fifth arbitrator has r.ot been elected.
A msjority of the members of the arbitral tribunal shan constitute a quorum, and all d:ciclons shall be made by majority vote.
The arbitral procedure shan be established by tha tribunal, whose decisions, including au rulings concerning its constitution, procsdure, jurisdiction and the division of the e'xpenses of arbitration between the parties, shall be binding on au parties.
The remuneration of the arbitrators shall be determined en tha same basis es that of ad hoc judges of the International Court of Justice.
ARTICLE VI Entry into Fo rce Se etion 12. This Contract shan enter into force upon signature by or for the Dirsetor General of the Agency and by the authorized repreuntatives of the Commission and Romania.
DONE in Vienna on the thirtieth day of March 1973, in triplicate in the English and Frcach languages, both texts belug equally authentic.
Fcr the INTERNATIONAL ATOhuC ENERGY AGENCY:
(signed) Yuri CherniHn Fcr the GOMNMENT OF THE SOCIALIST REPUBLIC OF ROMANIA:
(signed) Dumitru Aninoiu Fcr the UNITED STATES ATOhEC ENERGY COMMISSION cn b; half of the COVERNMENT OF THE UNITED STATES OF AMERICA:
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APBENDIX E-5 l
(signed). Dwight J. Porter
II. PROJECT AGREEMENT AGREEMENT BETWEEN TRE INTERNATIONAL ATOMIC ENERGY AGENCY AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF ROMANIA FOR ASSISTANCE BY THE AGENCY TO ROMANIA IN ESTABLISHING A RESEARCH REACTOR PROJECT
.i WHEREAS the Government of the Socialist Republic of Romania (hereinafter caHed "Romania"), desiring to establish a project for research on, and development and practical cppliention of, atornic energy for peaceful purposes, has requested the assistance of the IntIrn3tional Atomic Energy Agency (hereinafter caHed the " Agency") in securing a training and research reactor which Romania desires to purchase.from a manufacturer in the United States of America (hereinafter caned the " Manufacturer"), and in securing the cp:cial fissionable material necessary fer that reactor:
WHEREAS the Board of Governors of the Agency approved the project on 20 Fcbruary 1973; WHEREAS the Agency and the Government of the United States of America (hcr2inafter caHed the " United States") on 11 May 1959 concluded an Agreement for Co-op2 ration (hereinafter caued the "Co-operation Agreement") [31, under which the United Statse undertook to make available to the Agency pursuant to its Statute certain quantities cf cp;cial fissionable material, and also uncertook, subject to various applicable provisions and licence requirements, to permit, upon request of the Agency, persons under the jurisdiction of the United States to make arrangements to transfer and export materials, cquipment or facilities for a Member of the Agency in connection with an Agency project; and WHEREAS the Agency, Romania and the United States Atomic Energy Commission ccting on behalf of the United States are this day concluding a contract for the transfer of cnrich d uranium for the research reactor (hereinafter caHed the " Supply Agreement")(4):
NOW, THEREFORE, the Agency and Romania hereby agree as foHows:
' l.. ' 7 ARTICLE I' Definition of the Project S ec tio n 1.
The project to which this Agreement relates is the establishment of a dual-cere TRIGA training and research reactor (hereinafter caued the " reactor") and its ancociated faculties, to be operated by the Romanian Institute for Nuclear Technology near Pitrati.
a.
ARTICLE H Supply of Reactor and Special Fissionable Material o
Section 2.
The Agency, pursuant to Article IV of the Co-operation Agreement, shan request the United States to permit the transfer and export to Romania of the reactor, t2gd.hsr with components and spare parts, manufactured in accordance with a contract b2twacn Romania and the Manufacturer.
S e c tio n 3.
The Agency hereby aHocates to the project defined in Article k, and p ovides to Romania enriched uranium (herettaf;er called the " supplied material") pursuant APPENDIX E-6 (4)
Part I of this document.
.to tha tarrno cCtha Supply Agreemsnt, which constitutes an intsgral part of this Agreamant to th2 cxtsnt that it crantes righta and obligations betwesn tha Agency and Romania.
Section 4.
It is understood by the Agency and Romania that this Agreement shall apply to any additional supplies of enriched uranium, through the assistance of the Ag:ncy, for the project defined in Article I.
j ARTICLE IH Shipment of the Supplied Material 4
'S e c t i o n 5.
Any part of the supplied material. the shipment of which is arranged by Romania while the material is in its possession, shat.1 be entrdsted to a licensed public i
carri:r selected by Romania or shall be accompanied by a responsible person designated i
by Romania, l
j ARTICLE IV v.
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Agency Saf eguards Section 6 Romania undertakes that the reactor and any nuclear material centained, used, produced or processed in or by the use of the reactor shan not be used in such a way as to further any military purpose.
s Section 7 It is specified that the safeguards rights and responsibilities of the Ag:ncy provided for in paragraph A of Article XH of its Statute are relevant to the project, cnd that their implementation b satisfied by the application of safeguards precedures purcuant to the Agreement betwcen the Socialist Republic of Romania and the International At:mic Energy Agency for the Application of S2feguards in Connection with the Treaty on 1
ths Non-Proliferation of Nuclear Weapons, signed on 8 March 1972 and which entered into f2rca en 27 October 1972.(51 However, if the said Agreement is terminated, the safeguards rights and responsibilities of ine Agency provided for in paragraph A of Article XH o't its Statuta shan be implemented in accordance with arrangements which win supplement this Agracment, which shall be agreed forthwith by the Agency and Romania and shan be based cn tha then effective Agency's safeguards system applicable to Agency projects including previsions with respect to Agency inspectors; pending agrecrnent on such arrangements.
tha Agency win apply safeguards in accordance with the procedures provided for in that syst:m.
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Section 8 The health and safety measures specified in the Annex to this Agrs ment shall be applied to the project.
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. ARTICLE VI J,
Agency Inspectors
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Section 9 The relevant provisions of the Agreement between the Socialist i
R;public of Romania and the International Atomic Energy Agency for the Application of Saf; guards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons shall I
cpply to Agency inspectors performing functions pursuant to this Agreement.
APPENDIX E;.7
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. ARTICLE VII Information
,3 Right's to' inve n tion s and Dis c o v e rie s -
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SAction 10 In conformity with paragraph B of Article VIII of the Statute of the i
Agsney, Romania shall make available to the Agency without charge all scientific
'information developed 'as a, result of the assistance extended by the Agency.
S e c t i o n 11.
In view of its degree of participation, the Agency claims no rights in any inventions or discoveries arising from 'the execution of the project. The Agency may,
. hr,wavar, be granted licences under any patents upon terms to be agreed.
ARTICLE VIII Languages S e e t i o n.12..
Reports and other information should be submitted to the Agency in en3 of the working languages of the Board of Governors of the Agency.
ARTICLE IX Settlement.of Disputes S e c t i o n 13.
Any dispute concerning the interpretation or application of this Agraament, which is not settled by negotiation or as may otherwise be agreed, shall be sattisd in'the same manner as that described in Article 22 of the Agreement between the Socialist Republic of Romania and the international Atomic Encrff Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Wsapons.
S e c tio n 14.
Decisions of the Board of Governors of the Agency.concerning the implementation of Article IV, lV or VI shall, if they so provide, be given effect immediately by the Agency and Romania pending the final settlement of any dispute.
ARTICLE X Entry in t o.F o rc e' S e c tio n 15.
This Agreement shall enter into force upon signature by or for the
- Director General and by the authorized representative of Romania.
DONE in Vienna, on the thirtieth day of March 1973, in duplicate in the French language.-
- Fcr tha INTERNATIONAL ATOMIC ENERGY AGENCY
.(signed) Yuri Chernilin For tha GOVERNMENT OF THE SOCIALIST REPUBLIC OF ROMANIA:
[."
(signed) Dumitru Aninciu' APPENDIX E-8 c
., ANNEX HEALTH AND SAFETY MEASURES l
1 The health and safety measures applicable to the project shall be those set forth in Ag:ncy document INFCIRC/18 (hereinafter called the " Health and Safety Document"), as sp:cifi:d below.
2, Remania shall apply the Agency's Basic Safety N1ndards [6] and relevant provisions of th3 Ag;ncy's Regulations for the Safe Transport of Radioactive Materials (7), as these Standards and Regulations are reused from. time to time, and shall as far as possible apply them also te any shipment of supplied material outside Romania. Romania shall endeavour to cn ure safety conci: ions as recommended in the relevant parts of the Agency's codes of practics.
3, Romania shall arrange for the submission to the Agency, at l' east 60 days prior to tha proposed transfer of any of the supplied material to the jurisdiction of Romania, of a d2tailsd health hazards report centaining the information specified in paragraph 29 of the H:alth and Safety Document, with particular reference to the following types of operations, t3 tha extent that such information is relevant and not yet available to the Agency:
(a) Receipt and handling of. supplied raaterial; (b) Loading of fuelinto the reactor; (c) Start-up and pre-operational testing of the reactor with the supplied material; (d) ' Experimental programm'e and procedures involving the reactor;
('a) Unloading of fuel from the reactor;
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(f) Handling and storage of fuel after un'.oading.
j Tha transfer shall not take place until the Agency has determined that the safety measures, as d2::cribed in the report, are acceptable. The Agency may require further safety mencures in accordance with paragraph 30 of the Health and Safety Document. Should R: mania desire to make substantial modifications to the procedures with respect to which informstion was submitted, or to perform any operations with the reactor (including finally a
clecing it down) or with the supplied materf.a1 as to which operation no such information was submitted, it shall submit to the Agency all relevant information as specified in paragrcph 29 of the Health and Safety Document, in sufficient time to enable the Agency to perform its task in accordance with paragraph 30 of the Document, before such modined procedures or additional operations are carried out,
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4.
Romania shall arrange for the submission of the reports specinsd in paragraph 25 of
- tha health and Safety Document, the Erst report to be submitted not later than twelve months aft:r the entry into force of this Agreement. In addition, the reports specined in paragraphs 26 and 27 of the Document shall be submitted.
5, The Agency may inspect the reactor, in accordance with paragraphs 33 to 35 of the
=H:alth and Safety Document, at the~ time of initial start-up with the supplied material, once during the first year of operation, and thereafter not more than once a year, provided that sp:clal inspections may be carried out in the circumstances specined in paragraph 32 of tho Document.
6 Changes may be made in the safety standards and measures laid down in this Annex, in accordance with paragraphs 38 and 39 of the Health and Safety Document.
l 61 Safety Series No. 9,1967 Edition (STI/P B/147).
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Ibid. No. 6,1973 Revised Edition (STI/ PUB /323).
APPENDIX E-9
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ANNEX
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UNITED STATES ATOMIC ENERGY COMMISSION i
CHARGES FOR ENRICHED URANIUM 1
The rates of charges for enriched uranitun, as provided for in Section 5 of this j
Contre.ct, are as follows:
s Percsntage enrichment by weight Price in the isotope 235g US S /g of enriched uranium cf the enriched uranium 19 2.247 20 2.373
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21 2.500 90 11.397
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11.798 93 94 11.932 t
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On 24 July 1975 the Agency and the Governments of Romania and the United States cf America amended by le,tter of agreement Section 1 of.the Supply Agreement, concluded in connectd.orf with the Agency's assistance to Romania for the establishment of a research reactor project and reproducecIin document INFCIRC/206, part 1, to provide for the trentfer to Rom'ania of about 42 000 grams (instead of about 34 350 grams) of uranium cnrichad to approximately 93 per cent in the isotope uranium-235 by the United States 1
Enargy Research and Development Administration instead of by the former United States Atomic Energy Commission.
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22 August 1975
' Intcrnational Atomic Energy Agency 4
GENER AL Distr.
- INFOR M ATION. CIRCULAR -
original: ENouSH
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'5 TIE tr.,A is'UF THE INSTRUMENTS CONCERNING THE AGENCY'S
>1 ASSISTANCE TO ROMANIA FOR THE ESTABLISHMENT OF ti
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.A RESEARCH REACTOR PROJECT il
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A Second Supply Agreement-3
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.1 As a sequel to the asxIstance which the Agency has provided t'o the Government of.
.- l Remnnia in connection with a research reactor project (1), a Second Supply Agreement (w
has been concluded between the Agency and that Govarnment, j 1:
2 The Agreement estered into force on 15 July 197'i pursuant to Article V, and the l
, text is reproduced herein for the Wormatica of all Members (2].
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(1)
Pursutint te 9 :: reements reproduced in document 1:5 FCI'l C$l00, (21 -
The footnotec to the text have been added in the preserxir/oru:stion circular.
APPENDIX G-T m
........ _ _ _ _ _. _ _ _...am,cunu sul'A'LY AullEEf/ TENT._...
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,'*"*O ACREEMENT FOR T!!E TR ANSFER OF ENRICIIED URANIUM.
FOR A RESEARC11 REACTOR IN ROMANIA
.WHEREAS the International Atomic Encegy Agency (hereinafter called the " Agency")
and the Government of the Socialist Republic. of Romania (hereinalter caned "Romania") on,
' 30 March 1970 signed an Agreement (hereinafter called the " Project Agreement") [3l for escletance by the. Agency to Romania in establishing a project consisting of the dual-core TRICA. training and research reactor (hereinafter called the " reactor"), and in securing
' the special fissionable material nccessary therefor; Wi!EREAS pursuant,to the Supply Agreement (4) concluded on 30 March 1973 between the Ag:ncy,' Romania and the Government of the United States of America (hereinafter called
' ths." United States"), as amended,[5] supplies of enriched uranium were to be delivered to j
- Rcmania in connectiert with the project; WHEREAS Roma'nla, in connection with the Project Agreement, has requested the cceletance of the Agency in securing from the Uniled States an additional supply of enriched uranium for fabrication into spare fuel elements and fission counters for the reactor; "N
WHEREAS under the Agree' ment'for Co-operation between the Agency and the United Statac, as amended (hereinafter called the "Co-operation Agreement"), [6] the United States
. undertook to make wvailable to the: Agency from time to time quantities of special fissionable '
inctori'al as may be authorized by the United States:
I WHEREAS pursuant to the terms of the Co-operation Agreement, the Agency and the
- Unit::d States on 14 June 1974 signed a Master Agreement Governing Sales of Source, j
By-Product 2nd Special Nuclear Materals for Research Purposes (hereinafter called the j
" Meeter Agreement"); (7]
.WHEREAS the Board of Governors of the Agency on 11 June 1975 approved the cdditional assistance requestec by Romania for the project; and
~
WHEREAS Romania'has made arrangements'with a man'ufacturer in the United States
.cf Am' erica (hereinafter called the "ManMacturer") for the fabrication of enriched uranium
~
into fuel elements and fission counters "fo'r the reactor;
- - - - ~. - -
.s.....
NOW, TIIEREFORE, the Agency and Romania hereby agree as follows:
j 1
'ARTICI.,E I Transfer of Enriched Uranium 1
Subject to the provisions of the Co-operation Agreement and pursuant to the terms end conditions of the Master Agreement, the Agency shall request the United States Energy Rocoarch 'and Development Administration (hereinafter called the " Administration"), acting en b: half of the United States, to tz ansfer to the Agency for Romania, an.d Romania shall accept from the Agency:
[3]
INFCIllC/200, part II.
4 l : - (41, Ibid..- part 1
- s*
(5)
. The amendment will be reproduced in docuinent INFCIRC/20G/ Mod 1 g
[61-lINFCIllC/5, part 111 and INFCIRC/5/ Mod.1. -
o APPENDIX G-2 (71 INFCIRC/210. -
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i(a), Nprcximately,.lG 710 grams of uranium enriched to approximately i
93 per cent by weight in the isstopa uranium-235 (hereinafter called the " fuel material") for fabt ication into fuel cicments for che reactor.
j by the Manufacturer; and j
.(b)* Approximatgly 20 grams of aranium enriched to approximately
,93 per cent by weight in the isotope uranium-235 (hereinafter called the " indicator material"), contained in fission counters for the reactor.
7 i
- 2.,
The particular terms and co'nditions for the transfer of the fuel material and the indicator material, including charges, a schedule of deliveries and shipping Instructions, shall be specified in a Supplemental Contract to the Master Agreement (hereinafter called tha "Suppicmentr'. Contract") to be concluded jointly by the Agency and Romania with the Administration in implementation of this Agreement.
ARTICLE H 1
l Payment 1
'.1.
Romania shall pay the Administration au charges for the fuel material received by Rorpania pursuant to Article I, including other charges connected therewith, in accordance i
with'the provisions of the Supplemental Contract.-
e 2
Romania shall pay the Manufacturer all charges for the indicator material received by Romania pursuant to Article I, including other charges connected therewith, in accordance with the arrangements made by Romania with the Manufacturer.
3 It is recognized that in extending its assistance for the project the Agency is not here-
'undar providing any guarantees or assuming any financial responsibility in connection with
, tha transfer of the fuel material and the indicator material to Romania.
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ARTICLE III j
~~
~
Responsibility
' ' 'Neithc.r the Agency.ne :. 3y person actington its beha'1f shall at any time bear any,'
r3sponsibi.'..s....a'ds R*mann er any person claiming through Romania for the safe hand 11,ng and the use'of the fuel material and the indicator material.
j ARTICLE IV Arnendment of Profeet Agreement-
.Section 3 of the Project Agreement is hereby amended to include the fuc1 material and the Indicator material' transferred pursuant to this Agreement, under the definition i
cf cupplied material.
a l
ARTICLE V Entry into Force l
. fhis Agreemen,t shall enter into force upon si:: nature by or for the Director General cf th's Agency and by the authoriacd repre'sentative of Romania.
1i APPENDIX G-3
. 3; iIn
DONE in:Vlenna,.on the fifteenth day of July 1975, 'In duplicato in ths English language.
l
. Fci the INTERNATIONA1 ATOMIC ENERCY ACENCY:
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(signed). Sigvard Eklund For4he COVERN.%1ENT OF THE SOCkALIST REPUBLIC OF RdMANIA:
(signed) Ion Popescu I
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7 THE INTERNATIONAL ATOMIC ENERGY AGENCY Atomic Energy: Cooperation in Peaceful Application I
Agreement signed at Vienna May 11,1959; Entered intoforce August 7,1959.
i AGREEMENT FOR CO-OPERATION BETWEEN THE UNITED STATES OF AMERICA i
AND THE INTERNATIONAL ATOMIC ENERGY AGENCY The United States of America and the International Atomic Energy Agency, Desirm, g to set forth areas of co-operation in the peaceful applica-tion of atomic energy including the basis on which special nuclear material, sourte material and reactor material will be made available by the United States to the Agency for use in Agency activities:
t Agree as follows:
Arriera I For purposes of this Agreement:
(a) " Agency" means :he International Atomic Energy Agency.
(b) " United States" means the Government of the United States of America, or any agency of the United States Government acting on behalf of the United States.
(e) " Parties" mean the United States and the Agency. " Party" means one of the above-mentioned " Parties".
(d) " Agency Statute" means the Statute of the Agency as amended from time to time.
-(e) " Person" means (1) any individual, corporation, partneiship, firm, association, trust, estate, public or private institution group, government agency and (2) any legal successor, repre, sentative, agent or agency of the foregoing.
i l
(f) " Reactor material" means any material, other tha special nu-I clear material or source material, of especial importance or de-sirability for use in reactors or in research thereon.
45362-4 s (1)
TIAS C 1 m
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APPENDIX H-1
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2 (g) " Source material" means (1) uranium thori and the Agency to be source material; mn, or any other e
tates going in the form of metal, alloy chemical compotmd of the fore-centrate; or (0. ores containing o,ne or more of the fo materials, in su)ch concentration as may b
, or con-regoing time to time by mutualagreement.
(h) "Special nuclear material" means plutoniu e
rom 233, uranium enriched in the isotopes 235 or 233 m-230, uranium-containing one or more of the foregoing now spe,cifi d any material cial fissionable material"in subparagrap,h 1, Articl e as "spe.
Agancy Statute,[*] and any other material determi ote tual agreement of the United States and th A ned by mu-special nuclear material. "Special nuclear material" d e
gency to be include " Reactor material" or " Source material (i) " Agency activity" means any activity set up by th A oes not the Agency or conducted with the assistan e
gency or e aegis of research or development or e Agency for energy forpeacefulpurposes. practical application of atomic
\\
A.
Anncz m II
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to the Agency Statute, as set forth in paragrap use in Agency activities 5 000 kilogrammes of containedof y pursuant together with the amoun,ts of special nucle uranium-235 made available by all other Members of th 1960. The United States will also from time to ti ear material or to 1 July to the Agency such additional quan, tities of sp i lme, mrae avail including contained uranium-235, as may be auth ec a nuclear materials, States.
Tho uranium supplied hereunder may be enrichedorized b per cent.in the isotope uranium-235 provided, however th t h ties may agree to a higher enrichment with up to 20 i
a t e par-used in research reactors, material testing reactors or f purposes.
respect to uranium to be B.
or research rial available to the Agency at the United State Commission's published charges applicable to the do mate-omic Energy States distribution of such material in edect at th mestic United understood that the foregoing shall not adect the exist me, it being Commission's authority to assist and encourage research ence of the u.ses or for medical therapy by making such material the Agency without charge during any calend on peaceful available to which at the time of transfer does not exceed in v lar year in a q
' TIAS 3873; 8 UST 1112.
a ue US iiso,000.
TIAS Col APPENDIX H-2 9
O 1
3 C. The special nuclear material mado available to tl.e Agency pursuant to the Agency Statute will be used or pursuant to the Agon-cy's direction and in its behalf distributed by the Af;cucy in ac-cordance with the Statute of the Agency and rules and regulations made punuant thereto. The United States will retain such umterial until needed by the Agency. When requested bf the Agency, the United States will deliver such material to the Agency or pursuant to the Agency's direction and in its behalf to a Member or a group of Members designated by the Agency. The parties shall agree on the compensation for such material, its form and composition, de-livery schedule and related matters.
D. The United States will assist the Agency in obtaining source material and reactor materials from persons under the jurisdiction of the United States,if the Agency wishes. If no commercial sources are available to the Agency on reasonable terms, the United States may make such material available to the Agency. Such material made available to the Agency will be used or pursuant to the Agency's direction and in its behalf distributed by the Agency in accordance with the Statuts of the Agency and rules and regulations made pur-suant thereto. The United States, when requested by the Agtucy, will deliver such material to the Agency or pursuant to the Agency's direction and in its behalf to a 3Iember or group of Members desig-nated by the Agency. The parties shall agree on the compensation for such material, its form and composition, delivery schedule and related matters.
E. The United States will accept the return of source and special nuclear material made available ptusuant to this Agreement for re-processing on terms and conditions to be agreed, and will, unicss the parties agree otherwise, return to _the Agency either the amount of source and special nuc! car material recovered therefrom or an equiva-lent amount of source and special nuclear material recoverable therefrom.
F. The United States may, at the request of the Agency, and sub-ject to the laws of the United States and to the Agency Statute, pur-chase, for uso solely in the peaceful application of atomic energy, special nuclear material recovered or produced from special nuclear material and source material as a result of Agency activities, at such prices and on such other terms and conditions as may be agreed.
Anricts III The application or use af any material, equipment or facilitics, or uso of any information. (including design drawings and specifica-tions), made available by the Unital States shall be the responsibility of the Agency, or of any Member of the Agency to which the Agency shall transfer such material, equipment, facilities, or information, in accordance ivith the Agency Statute, and the United States does not warrant the suitability of such information, material, equipment or Tt.ts unt APPENDIX H-3
~
^
u 4
facilities, for any particular use or application except to the extent the parties may otherwiso specifically agree. All agreements for the lease of any special nuclear material, source material or reactor mate-rial pursuant to this Agreement shallinclude a mutually acceptable pronsion relieving the lessor of liability arising out of or in con-nexion with material af ter delivery.
Aancu IV
. The United States undertakes that subject to the applicable laws, regulations and license requirements of the United States, persons under the jurisdiction of the United States will be permitted to make arrangements to transfer and czport material, equipment or facilities, and to perform services in the peaceful uses of atomic energy for the Agency, or upon request of the Agency, for a Member or group of Memben 'of the Agency, or for a person under the jurisdiction of such Member in connexion with an Agency activity with which such Member is associated.
ArrIcu V The Agency guarantees, to the full extent of its statutory powers, that:.
l (a). The safeguards set forth in the Agency Statute shall be main-tained and implemented as provided in the Agency Statute with respect to material, equipment or facilities, made avail-able by the United States or persons under its jurisdiction for use in Agency activities.
(b) No material, equipment or facilities. transferred pursuant to this Agreement will be used for atomic weapons or for asearch
. on or for development of atomic weapons or for any other military purposes.
. (c) ' Material, equipment or facilities, used, transfernd or n-trans-ferred pursuant to this Agreement shall be used or transferred only in Laccordance with the Agency Statute and this Agreement, Anncu VI This Agreement shall enter into force [2] on the day on which each Party to this Agreement shall have received from the other Party written notification that it has complied with all requirements for the e stry into force of such Agreement and shall remain in force for a period of twenty years.
8 Aug. 7,1969, TIAS 4291 APPENDIX H-4
l 4
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5 Ix wmrzss wazazor, the undersigned representatives have signed this Agreement punuant to du'y constituted authority.
Doxz at Vienna,in duplicate, this lith day of May,1959.
FOR THE UNITED STATES OF DIERICA:
HABOG C. YEDEI.ER FOR THE INTERNATIONAL ATOMIC ENERGY AGENCY:
i Srzat. rwa Cor.z i
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TIAS 4291 j
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. APPENDIX H-5
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INTERNATIONAL ATOMIC ENERGY AGENCY Atomic Energy: Cooperation in Peaceful Application Agreement amending and extending the agreement of May 11, 1959.
Signed at Vienna February 12, 1974; Entered into Force May 31,1974.
With exchange of letters Signed at Vienna August 29,1973 and January 16,1974.
AMENDMENT TO THE AGRF,EMENT FOR CO-OPERATION BETWEEN THE UNITED STATES OF AMERICA AND THE INTERNATIONAL ATOMIC ENERGY AGENCY The United States of America and the International Atomic Energy Agency, Desiring to amend the Agreement for Co-operation Between the United States of America and the International Atomic Energy Agency, signed at Vienna on May 11,1959 [8] (h reinafter referred to as the " Agreement for Co-operation"),
Agree as follows:
Annetz'I Article II of the Agreement for Co-operation is amended by:
(a) Deleting in paragraph A thereof the phrase ", as set forth in paragraph B of this Article,"; and (b) Deleting paragraphs B and E thereof and relettering para-graphs C, D and F as B, C, and D respectively.
AnncLE II Article VI of the Agreement for Co-operation is amended by deleting
" twenty years" and substituting in lieu thereof " fifty-five years, it being understood that the Agreement may be extended by agreement of the Parties punuant to their statutory requirements".
AnncLE III This Amendment shall enter into force on the date on which each.
Party shall have received from the other Party written notification that it has complied with all requirements for such entry into force.
8 TIAS 4291; 10 U3T 1424.31-701 - 14 (1)
TIAs 783::
2
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APPENDIX H-6
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In wzTwEss wnEREor, the undersigned representatives have signed this Amendment pursuant to duly constituted authority.
DonE at Vienna, in duplica*e, this twelfth day of February,1974.
FOR THE UNITED STATES OF 70R THE INTERNATIONAL AMERICA:
ATOMIC ENEROY ACENCY:
GERALD F. TAPE SmvARn $xLuxn (EXcHANGEoFLETTERs) l k INTERN ATION A L A TO M IC E N E RG Y AG E N CY AGENCE INTERNAfl0N ALE DE L'ENERCIE ATOMlQUE M EXAYH APOANCE'ArENTCT BO rio ATOMHOR 3H E PrH K ORG ANIS MO INTER N ACION AL DE EN ERGI A ATO MIC A EnRNTNER RING 81. P.O. SOK H0, A.304 8 VIENNA. AUSTRI A IN REPLT PLEAsE REFER TO:
PRIhRE DE RAPPELER LA RfFIRENCE:
L/ sot-usa ins-os-2s DnAR n. PoRTEn, I refer to Mr. Labowitz's letter of 14 August 1973 (2] concerning the proposed amendment of the Agreement for Co-operation between the w
United States of America and the International Atomic Energy f
Agency signed in Vienna'on]Il May 1959.
'f I am very pleased to inform you that the Agency is agreeable to the proposed Amendment as revised during discussions between our respective staff members, a copy of which is enclosed herewith (2],
and on the basis of two understandings set forth below.
It is our understanding from discussions which have taken place between members of the Secretariat and members of the United States Mission to the Agency that the recently published new criteria for uranium enrichment services will not affect the undertaking of the United States pursuant to Article II.A of the Agreement for Co-opera-tion, nemely the making available to the Agency of 5,000 kilograms of contained uranium-235 together with the amounts of special nuclear material which will match in amount the sum of all quantities of special nuclear material made available by all other members of the Agency prior to 1 July 1900.
it is our understanding, further, that nothing in the Agreement for Co-operation as amended shall affect the existence of the Commmion's authority to usist and encourage research on peaceful uses or for medical therapy by making special nuclear material available to the Agency without charge during any calendar year in a quantity which at the time of transfer does not exceed in value US $50 000.
I should be grateful to have your confirmation that the United States Government accepts the proposed Amendment as well as the
- NOt printed.
TIAS 7852 APPENDIX H-7
A k
-=
3 understandings set out above. We should then be in a position to present the necessary proposals to the Boaro of Governors for their consideration as soon as possible.
Yours sincerely, Y CaraxtLin Yuri F. Chermhn l
Acting Director General l
The Honorable Dwrorrr J. Pontra l
Resident Representative of the United States of America to the Agency Schmidgasse 14 A-1082 Vienna JAxtrAnr 16,1974 Dr. SmvAno EgLtruo Director General International Atomic Energy Agency i
Fienna v
DEAN DR. Entrxo:
With reference to the proposed Amendment of the Agreement for Cooperation between the United State of America and the Inter-national Atomic Energy Agency signed in Vienna on May 11,1959, I am pleased to confirm that the U.S. Government accepts the proposed text enclosed with Dr. Cherni'in's letter of August 29,1973. The correction set forth in your letter of September 13, 1973, is also acceptable.
I can also confirm that the U.S. Government shares the under-standing of the Agency that the recently published new criteria for uranium enrichment services will not affect the undertaking of the United States pursuant to Article II.A of the Agreement for Coopera-tion, namely, the making available to the Agency of 5,000 kilograms of contained uranium 235 together with the amounts of special nuclear material.which will match in amount the sum of all quantities of special nuclear material made available by all other members of the Agency prior to July 1,1960.
Moreover, I can confirm that the U.S. Government shares the understanding of the Agency that nothing in the Agreement for Cooperation, as amended, shall affect the existence of the U.S.
Atomic Energy Commission's authority to assist and encourage research on peaceful uses or for medical therapy by making special nuclear material available to the Agency without chargo during any TLtS7832 A
\\
APPENDILFi-A'
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4 calendar year in a quantity which at the time of transfer does not exceed in value US $50,000.
The U.S. Government is prepared to have the proposed Amend-ment submitted to the Board of Governors for consideration at the earliest practicable time.
A corrected text of the Amendment as agreed is enclosed herewith.P]
Sincerely, Dwroar J. PoaTra Dwight J. Porter Resident Representative Enclosure l
3'
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4 i Not printed.
TLiS 7832 g
V APPENDIX H-9
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1 APPENDIX I
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EMBASSY OF THE W.:!ALIST REPUBLIC OF ROMANIA WASHINGTON. D. C.
No,.304 The Ambassador of the Socialist Republic of Romania presents his compliments to the Secretary of State and has the honor to refer to his Note on February 13, 1978 which reads as follows:
"The Secretary of State presents his compliments to Eis Excellency the Ambassador of the Socialist Republic of Romania and has the honor to refer to the supply of enriched uranium fuel by the United States for the TRIGA reactor bein5 constructed in Romania under a Project Agreement entered into between the International Atomic Energy Agency (IAEA) and the Government of the Socialist Republic of Romania on March 3o, 1973 (IEFCIRC/2o6), which has been the subject of recent discussions between the Governments. The Government of the United States of America reaffirms its support for the timely and successful operation of this TRIGA reactor.
This Project A reement is supplemented by supply 5
agreements between the T AEA and the Governments of the Socialist Republic of Romania and of the United States of America which contemplate the supply by the United States of certain quantites of enriched uranium to be utilized as fuel for the TRIGA reactor. Prior to takin5 the necessary actions for the transfer of such enriched uranium from the United States to Romania, the Government of the United States of America wishes to clarify certain understandinEs relatad to the supply of this enriched uranium:
- 1. As a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Government of the Socialist Republic of Romania has, among other things, undertaken not
./.
APPENDDC I-l
n
- to utilize special nuclear material transferred to it or derived from such material for the manufacture of nuclear weapons or other nuclear explosive devices. It is the understanding of the United States Government that this undertaking by the Romanian Government is an enduring one which is not exclusively dependent upon the Romanian Government's adherence to the NPT.
- 2. The Governments of the Socialist Republic of l
Romania and of the United States of America recognice the need l
for the establishment and maintenance of physical security measures for nuclear materials and f acilities which will provide adequate assurance against the diversion of such material or the sabotage of such facilities. To this end, it is the understanding of the Government of the United States of America that the Governments will consult to assure that adequate physical security measures are applied to the nuclear material being supplied by the United States or any special nuclear material derived therefrom or which has been used or produced in this THIGA-reactor. These measures shall, as a minimum, meet the standards set forth in TA7A document INFCIRC 223/Rev.1, entitled The Physical Protection of Nuclear Material, as it may be updated. In addition, there will be agreements on the facilities for the stora5e of such materials
- 3. It is the understanding of the Government of the United States of America that the Government of the Socialist Republic of Romania shall retain in Romania the nuclear material supplied by the United States or any special naterial derived therefrom from the time of its receipt until its irradiation has been completed. Thereafter, following an appropriate period 7f radioactive cooling, the Government of the Socialist Republic of Romania shall return such nuclear material to the United States under a chemical processing contract with the Department of Energy (ECI). Currently, under euch contract the Government of the Socialist Republic of Romania would be credited with the value of the recoverable
/-
APPENDIX I-2
s 3_
enriched uranium contained in such irradiated fuel in accordance with the DOE pricin5 schedule in effect for enriche uranium at the time of spent fuel delivery, less the reproce-ssing and other related charges. Any deviation frem these understandin5s will require the mutual agreement of both Governments.
- 4. It is the understandin5 of the Government of the United States of America that should either the Government of the Socialist Republic of Romania or the Government of the United States of America become aware that the T AFA is no longer able to apply the safe 5ur.rds contemplated by the Projec Agreement, the Governments will act promptly to develop mutually acceptable alternative arrangments for the applica-tion of safeguards of equivalent effectiveness."
The Ambassador of the Socialist Republic of Romania confirms that the content of the Note of the Government of the United States of America is acesptable to the Government of the Socialist Republic of Romania and this reply constitute an agreement between these two Governments.
The Ambassador of the Socialist Republic of Romania avails himself of this opportunit7 to renew to the Secretary of State the as.surances of his h1 hest consideration.
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4 APPENDIX I-3
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The Secretary of State presents his cornpliments to His Excellency the Ambassador of the Socialist
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Republic of Romania and has the honor to refer to the supply of enriched uranium fuel by the United States for the TRIGA reactor being constructed in Romania under a Project Agreement entered into be-tween the International Atomic Energy Agency (IAEA) and the Government of the Socialist Republic of Romania on March 30, 1973, (!!ECIRC/ 206 ), which has been the subject of recent discussions between the Governments. The Government of the United States of America reaffirms its support for the timely and successful operation of this TRIGA reactor.
i This Project Agreement is supplemented by supply
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agreements between the IAZA and the Governments of the Socialist Republic of Rcmania and of the United
.. t l
States of America which contemplate the supply by the t
,i
- ,,, j United States of certain quantities of enriched 1
uranium to be utilized as fuel for the TRIGA reactor.
j '.I Prior to taking the necessary actions for the transfer of such enriched uranium from the United States to Romania, the Government of the United States of America wishes to clarify certain understandings re-lated to ~.he supply of this enriched uranium:
I i
I 1.
As a party to the Treaty.;n the Non-Prolif-eration of Nuclear Weapons (NPT), the Governmer" i
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APPENDIX I-4 ll iil,
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of the Socialist Republic of Romania has, among J'
other things, undertaken not to utilize special nuclear material transferred to it or derived g
from's'uch material for the manufacture of nu-clear weapons or other nuc. ear explosive de-I i
vices. It is the understanding of the United
-b l, y' States Government that this undertaking by the E!
Romanian Government is an enduring one which is not exclusively dependent upon the Romanian Government's adherence to the NPT.
2.
The Governments of the Socialist Republic of Romania and of the United States of America f
recognize the need for the establishment and maintenance of physical security measures for nuclear materials and facilities which will j,/.
provide adequate assurance against the diversion of such material or the sabotage of such facilities.
To this end, it is the understanding of the Government of the United States of America that the Governments will consult to assure that adequate physical security measures are
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applied to ti.e nuclear material being supplied j
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material de.ved therefrom or which has been
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used or produced in this TRIGA reacter. These measures shall, as a minimum, meet the standards 1;
set forth in IAF.A document INFCIRC 225/Rev. 1,'en-titled The Physical Protecticn of Nuclear Material, as it may be updated. In addition, there will be agreements en the facilities for the storage of i
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l such materials.
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9 APPENDIX I-5
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until its irradiation has been completed. There-c...
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material to the United States under a chemical i
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Romania would be credited with the value of the
. + e7hag '
recoverable enriched uranium contained in such irradiated fuel in accordance with the DOE l
i pricing schedule in effect for enriched uranium I,
at the time of spent fuel delivery, less the reprocessing and other related charges. Any deviation from these understandings will re-l'
.'ii*
quire the mutual agreement of both Govern =ents.
f
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It is the understanding of the Government of the United States os America that should either the 2
i Government of the Socialist Republic of Romania or the Government of the United States of America
-t become aware that the IAEA is no longer able to I
)
1 apply the safeguards contemplated by the Project Agreement, the Governments will act pecmptly to i
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APPENDIX I-6 i
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9 I,..
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develop mutually acceptable alternative arrangements
..I' for the application of sa** guards of equivalent effectiveness.
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f Department of State,
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, ff Washington, February 13, 1978
' ///t Drafted: CES/i!ET/EIC:DBEcylesbjb
{
Clearances: EUR/EE - I. Silins L/CES - R.
Sloan i
4 FM/NPP - A. Mcke ACOA - R. Williamson T/D - D. Welch CCE - H. Bengelsdorf S/AS - R. Telley S/S-S - M. E. Denham
}
APPENDIX I-7
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1 A;P P E N'D I X J
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(haigman, STATE COMMITTEE FOR NUCLEAR ENERGY PRESIDENT U.S. Nuclear Regulatory Commission Washington, D.C.
Dear Mr. Chairman,
I would like to refer to the visit paid to Romania, in June 1975, by the U.S.
physical security delegation of specialists who, together with the Romanian specialists, agreed upon the physical security measures, acceptable to both parties, for the site of th TRIGA research reactor at Colibagi Nuclear Center near Pitesti.
At this moment, the reactor building and facilities are almost completed.
In this connection, I wish to assure you that the physien1 security measures, agreed upon with the U.S.
delegation, have bet or will be implemented prior to the arrival of the first fuel shipment.
Briefly, the status of implementation of these measures is as follows:
- the measures provided by the U.S.
rules, containe 1 in the document 10 CFR, part 73, regarding the physical sec:.rity of spi-cial nuclear materials in fixed sites, which, as a matter of fac' are also provided by the Romanian national legislation, a.a enti-rely implemented, excepting installation of the ala:ms and relat s annunciators of the emergency exits, which will be done in due time;
- as f ar as the nuclear fuel transportatior, from the internat nal airport Otopeni, Bucharest to the Colibasi Nuclear Center n Pitegti is concerned, this will be made by road unce. the condi-tions specified in the U.S.
rules 10 CFR, palt 73 uiso conta;.
in the Romanian legislation regarding the physical nratection of nuclear materials - with motor vehicles of the licensee, c uipput e
and accompanied according to the afore - mentioned rules.
Please accept, Mr. Chairman, the assuranaes of my higt. considerati Cornel pihulecea
!~DS t A s.
APPENDIX J
" President
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f or..clea r L.ic. y-S tate can.m. ree M
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