ML20204B898

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Summarizes Westinghouse Application for Amend to License to Export 2,430 Kg Low Enriched U-235 to South Korea.Supports Exemption from 10CFR110.43(b) Requirements Re Physical Security.Supporting Documentation Encl
ML20204B898
Person / Time
Issue date: 06/27/1978
From: James Shea
NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To:
References
SECY-78-351, NUDOCS 7811020377
Download: ML20204B898 (32)


Text

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)(3rdMLC June 27, 1978 SECY 351 COMMISSIONER ACTION For:

The Commissioners From:

James R. Shea, Director Office of International Programs N

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Executive Director "or Operations

Subject:

PROPOSED LICENSE AMENDMENT TO EXPORT LOW-ENRI

  • t URANIUM TO THE REPUBLIC 0F KOREA ( APPLICATION ' SNM-740, AMENDMENT N0. 01)

Purpose:

Comission review of proposed issuance of subject license to Westinghouse Electric Corporation.

Discussion:

License Number XSNM-740, issued October 4, 1975, authorized Westinghouse Electric Corporation to export 2,430 kgs U 235 contain.ed in 82,360 kgs of uranium enriched to 3.25% to the Repbulic. of Korea (POK) as fuel for.tha.

Ko-Ri I reactor.

(SECY 75-536).

In October 1977, Westinghouse applied for an amendment to XSNM-740, requesting an additional 2,144 kgs of U-235 contained in 65,939 kgs of uranium enriched to 3.2% for fueling Regions 6 through 9 of the Ko-Ri plant.

Westinghouse also requested that the expiration date be extended to July 1, 1985 to allow for the shipping of the additional fuel.

The following documents are forwarded for Commission review of the subject application:

(1) staff review and conclusion that the proposed export meets statutory require-ments (Appendix A); (2) Executive Branch views of May 9, 1978 recommending issuance (Appendix B); (3) application of October 6, 1977 (Appendix C); (4) copy of proposed license amendment (Appendix D); and (5) State Department letter of May 17, 1978 (Appendix E).

This' application for an export license amendment is one of the first to the ROK to receive comprehensive analysis in light of the. requirements of the recently enacted NNPA.

Based upon c re (492-7984)

. Dunn (492-7984) 78M.02 0 3 Y7

Discussion:

its. independent' analysis and review of the Executive (continued)

Branch submission, the staff has concluded that the ROK currently meets all applicable statutory requirements of the ftftPA' for the issuance of this license amendment.

'While the physical security program in the ROK is considered adequate to protect the material covered under the proposed license amendment, the written assurance (required by 10 CFR 110.43(b)), relating to physical protection has not been obtained from the Government of the ROK.

(The Commission will recall that a proposed exemption from this requirement was discussed in SECY-78-291 for license appli-cations received prior to May 19,1978.)

With respect to other exports to the ROK, the Executive 1

Branch has concluded that the US has assurance that the ROK is committed to providing adequate physical security for its nuclear program, including a level of protection com-patible with that ' envisioned by the recommendations in IAEA INFCIRC/225 (State letter at Appendix E).

Recommendation:

That the Commission approve the issuance of an exemption from that portion of 10 CFR 110.43(b) that requires written 1

assurances from the recipient country with respect to i

physical security and that the proposed license amendment be issued to Westinghouse Electric Corporation.

_ Coordination:

0 ELD has no legal objection.

NMSS wishes to inform the Commission that it has not received country-specific infor-i mation which permits it to make an independent conclusion as to the effectiveness of IAEA material control and accounting safeguards to deter and detect diversion in the ROK. With respect to physical security, NMSS has reviewed the program in the ROK and found it adequate for the purposes of the export.

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Ja g R. Shea, irect r Ofp ce of International Programs

Enclosures:

As stated I

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Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Wednesday, July 5,1978 Commission Staff Office comments, if any, should be submitted to the Commissioners NLT June 30, 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 t

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review and comment, the Commissioners and the Secretariat should be apprised of.when comments may be expected.

DISTRIBUTION:

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Commissioners Commission Staff Offices Exec. Dir. for Opers.

Secretariat

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. MEMORANDUM TO THE FILE STAFF CONCLUSIONS REGARDING PROPOSED LICENSE AMENDMENT. TO EXPORT LOW-ENRICHED URANIUM TO THE REPUBLIC.0F KOREA (APPLICATION XSNM-740, AMENDMENT N0. 01)

License Number XSNM-740 issued. October 4, 1975, authorized Westinghouse i

Electric Corporation to export 2,430 kas U-235 contained 'n 82,360 kqs of uranium enriched to 3.2% to the Republic nf Korea POK) as fuel for the Ko-Ri I reactor.

(SECY 75-536).

In October 1977, Westinghouse applied for an amendment to XSNM-740, requesting an additional 2,144 kgs of U-235 contained in 65,939 kgs of uranium enriched to 3.2%-for fueling Regions 6 through 9 of the Ko-Ri plant. Westinghouse also requested that the i

expiration date-be extended to July 1, 1985 to allow for the shipping of

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the additional fuel.

The Ko-Ri is a 560 Mwe pressurized water reactor owned and operated by the Korea Electric Company of Seoul.

I'n response to our October 31, 1977 request for views, the Executive Branch has (1) concluded that issuance of the proposed license would i

not be inimical to the interests of the United States, including common defense and security, and (2) confirmed that the material will be subject to all the terms and conditions of the Agreement for Cooperation between the United States and the ROK.

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These views and license application analysis by the Executive Branch were forwarded by the State Department memorandum of May 9, 1978.

Confirmation of the applicability of the US-R0K Agreement was also set forth in the letter of December 27, 1977 from the Atomic Energy Bureau, Ministry of Science and Technology at the ROK.

The staff has reviewed the subject application in light of the considera-tions below.

0 Safeguards.

The export will be subject to IAEA safeguards.

As a party to the Nonproliferation Treaty (NPT), the ROK has undertaken an obligation to accept IAEA safeguards on all source or special fissionable. material in all peaceful nuclear activities within the territory of the ROK, under its' jurisdiction, or carried out under its control anywhere.

APPENDIX A

2-Memorandum to the File o

No Nuclear Explosive Use.

Also, as a party to the NPT, the ROK has undertaken the obligations not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear 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 w'sapons or other nuclear explosive

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weapons.

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o Physical Security.

The low-enriched uranium proposed for export in this application is not a nuclear weapon material.

Neverthel,ss, the State Department has advised that the ROK has implemented IAEA guidelines regarding the physical security for nuclear material.

Based upon the staff's assessment of information obtained through visits, reviews and exchanges, and upon information provided by the Executive Branch, the physical security program in the ROK is considered adequate to physically protect the material requested in this license, as required pursuant to 10 CFR 110.42 and 110.43.

o Retransfer.

The US-ROK Agreement contains a provision pro-hibiting the reexport of US-supplied special nuclear material, unless the US agrees to such transfer, and then only if it is within the scope of a bilateral agreement for cooperation between the US and the nation to which it is being transferred or within an appropriate multilateral agreement.

The agreement also pro-vides for US determinations regarding any proposed transfer to other nations or international organizations of special nuclear material which has been produced and separated from US-supplied material.

o Reprocessing.

The US-R0K Agreement stipulates that the reprocessing of US-supplied material may be performed only in facilities acceptable to both parties.

The State Department analysis notes that:

1.

The ROK has explicitly confirmed that this provision calls for two separate and distinct steps on the part of the parties.

First, there must be a mutual accord that adequate safeguards can apply.

Second, the facilities must be agreed by both parties to be acceptable.

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- Memorandum to the File 2.

The right to determine whether reprocessing facilities are acceptable gives the US the authority to determine, in any specific case, the location where the reprocessing may occur and flexibility to agree with the ROK on other terms designed to assure that the reprocessing and handling of the separated plutonium occurs under prudent conditions.

3.

These conditions reinforce and supplement the rights pertaining to storage that already appear in paragraph B (3) of Article XI of the Agreement for Cooperation.

As more fully developed in its memorandum dated May 9, 1978, the Executive Branch has determined that the ROK currentiv meets all the criteria of P.L.95-242, including the requirements of Section 126(a)(1) and the specific criteria of Sections 127 and 128 and that the ROK has adhered to all the provisions of its Agreement for Cooperation with the US.

The staff has concluded that issuance of the proposed license amendment would be consistent with the recently enacted Nuclear Nonproliferation Act, including the specific criteria of Section 127.

In view of all the considerations above, and as required by Section 57 of the Atomic Energy Act and 10 CFR 110.44, the staff has concluded that the export to be made pursuant to the proposed license amendment (1) would be subject to the terms and conditions of the Agreement for Cooperation between the US and the ROK, and (2) would not be inimical to the common defense and security of the United States or constitute an unreasonable risk to the public health and safety.

R.

eal Moore Senior Licensing Reviewer Office of International Programs m

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May 9, 1978 MEMORANDUM FOR JAMES R.

SHEA NUCLEAR REGULXTORY COMMISSION Enclosed is an Executive Branch analysis covering three license applications for the export of highly-enriched and low-enriched uranium to Korea.

In accordance with P.L.95-242, the analysis explicitly addresses how the requirements of Section 126 a. (1) of the Atomic Energy Act are met, in-cluding the specific criteria of Sections 127 and 128, as well as certain additional factors, envisaged by Section 126 a.

(1).

The Executive Branch, on the basis of its review of th's application, has concluded that the requirements of the Atomic Energy Act and P.L.95-242 have been met and that the proposed export would not be inimical to the corraon det ense and security of the United States.

Moreover, Korea has ad-hered to the provisions of its Agreement for Cooperation with the United States.

Therefore the Executive Branch recom-mends issuance of the requested export licenses.

As covered in detail in the analyses, the KORR-2 re-search reactor, to which fuel export license applications XSUM-ll73 and XSNM-1207 apply, has been shut down since January 1978 as the result of a major fuel failure.

It is our understanding that it will be necessary to keep this reactor shut down until the material covered by these two license applications can be exported.

Since KORR-2 is Korea's principal nuclear research facility and provides radioisotopes for medical applications throughout Korea, we would urge prompt consideration and issuance of these licenses.

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59 Louis V.

Nosenzo Deputy Assistant Secretary

Enclosure:

As stated.

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APPENDIX B

EXPORT LICENSE APPLICATION ANALYSIS XSNM-740 -- Amendment

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Korea Transaction:

The export of 2,144 kilograms of U-235 contained in 65,939 kilo-grsms of uraniuh enriched to 3.2 percent in the form of fabricated fuel elements.

Applicant:

Westinghouse Llectric Corporation Applicant's

Reference:

FE 20040 Date of Application:

October 6, 1977.

Purpose of Export This is an application to' amend export license XSUM-740 which covered the export of 2,430 kilograms of U-235 con-tained in 82,360 kilograms of uranium enriched to 3.2%

in the form of fuel assemblies fabricated by Westinghouse for in the Ko-Ri Unit One Nuclear Power Plant located at use Ko-Ri Changan-Myon, Yang-San-Kun, Kyongsangnam-Do, Korea.

This reactor is owned and operated by the Korea Electric Company of Seoul.

The additional amounts are required to fuel Regions 6 through 9 of the Ko-Ri Plant.

6

1.

Applicable Agreement for Cooperation The proposo' export is subject to all of the terms and conditions at the Agreement for Cooperation between the Government of the United States of America and the Govern-ment of Korea concerning Civil Uses of Atomic Energy, which entered into force on March 19, 1973.

This was confirmed in letters from the Republic-of Korea's Atomic Energy Bureau to the Energy Research and Development Administration copies of which are attached.

Korea has adhered to all provisions of its agreement with the United States.

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Extent to Which Export Criteria Are Met A.

Section 127 Criteria

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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 macerial, special nuclear material, production-or utilizabion f acilities, and any sensitive nuclear technology:

Criterion (1)

"IAEA safeguards 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 applica-ble Agreement for Cooperation, and to any special nuclear material used in or produced through the use thereof."

Korea is a Party to the Treaty on the Non-Proliferation of Nuclear Weapons and deposited its instrument of ratifica-tion on April 23, 1975.

The Korean Government has also signed a comprehensive safeguards agreement with the IAEA under Article III of the Treaty, which entered into force November 14, 1975.

Therefore, it is the Executive Branch view that cri-terion (1) is met.

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"No such material, facilities, or sensitive nuclear technology proposed to be exported or previously exported and subject to the applicable Agreement-for Cooperation,

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of such materials, facilities, or sensitive nuclear tech-rology, will be used for an,y nuclear explosive device or j

for research on or development'of any nuclear explosive device."

t As a non-nuclear weapon state Party to the NPT, Korea is precluded from acquiring, developing or manufacturing nuclear explosive devices for any purpose.

Therefore, it is the Executive Brar.ch view that criterion (2) is met.

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Criterion (3)

" Adequate physical security measures will be maintained with respect to such material or facilites proposed to be exported and to any special nuclear materia'l used in or pro-duced through the use thereof.

Followin'g the effective date

'cf any regulations promulgated by the Commission pursuant to Section 304 (d) of the Nuclear Non-Proliferation Act of 1978, physical security measures shall be deemed adequate if such measures provide a level of protection equivalent to that required by the applicable regulations."

The Commission has not, as yet, promulgated new regule-

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tions pursuant to Section 304(d) of P.L.95-242.

During April 1976 and July 1977, a team of U.S.

Govern-ment experts visited the Republic of Korea for an exchange 3 791 of views on physical security including visits to those fa t U(p..

( cilities at which thig. highly-enriched uranium will be stored s

and utilized.

The fixed site reviews included:

(1) security

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f o rce.s, (2) physical barriers, (3) detection and alarm ap-pcratus, (4) communication and response capabilities, (5) ac-cess and exit controls, (6) accountability and reporting pro-cedures, and (7) physical security organization.

In the area of transportation, procedures and equipment for protecting nuclear materials while in transit were also examined.

The team judged the Republic of Korea's physical pro-tection system, equipment and procedures and equipment for transportation security adequate to physically protect the material requested in this license application.

Therefore, it is the Executive Branch view that criterion (3) is met.

4 THE ABOVE ANALYSIS REFERS TO THE HIGHLY ENRICHED URNAIUM COVERED BY APPLICATIONS XSNM-ll73 and XSNM-1207,

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Criterion (4)

"No such materials, facilities, or sensitive nuclear technology proposed to be exported, and no,special nuclear material produced through the use of such' material, will be

. retransferred to the jurisdiction of any other nation or group of nations unless the prior approval of the United States is obtained for such retransfer.

In addition to other requirements of law, the United Sthtes may approve such retransfer only if the nation or group of nations des-ignated to receive such retransfer agrees that it shall be subject to the conditions required,by this section."

Article X (3) of the 1973 U.S.-Korea Agreement for Cooperation stipulates that:

"No material, including equip-ment and devices, transferred to the Government of Korea or to authorized persons under its jurisdiction pursuant to this Agreement or the superseded Agreement will be trans-ferred to unauthorized persons or beyond the jurisdiction of the Government of Korea, except as the Commission may agree to such a transfer to the jurisdiction of another nation or group of nations, and then only if, in the opinion of the Commission, the transfer is within the scope of an Agreement for Cooperation between the Government of the United States...and the other nation or group of nations."

Article XI B.

provides inter alia that:

...the Govern-ment of the United States of America, notwithstanding any other provisions of this Agreement, shall have the following rights:

"(2)

With respect to any source material or special nuclear material made available to the Government of the Republic of Korea or to any person under its jurisdiction under this Agreement or the uperseded Agreement by the Government of the United States of America or any person under its jurisdiction and any source material or special nuclear material utilized in, recovered from, or produced as a result of the use of any of the following materials, equipment or devices so made available:

" (a) source material, special nuclear material, mod-erator material, or other material designated by the Com-

mission,

"(ii) to require that any such material in the custody of the Government of the Pepublic of Korea or any person 4

under its jurisdiction be subject to all of the safeguards provided for in this Article and the guarantees set forth in Article X;"

These articles give the U.S. an unqualified approval

, right over the retransfer of material from Korea supplied by the U.S. or produced through the use of such material and allow retransfers only if it is determined to be within the scope of an agreement for cooperation with the recipient country.

This right would apply to irradiated fuel be-cause it contains U.S.-supplied material and material produced through the use of U.S.

material.

Therefore, it is the Executive Branch view that criterion (4) is met.

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"No such material proposed to be exported and no special nuclear material produced through the use of such t

material will be reprocessed, and no irr.adiated fuel ele-ments containing.such material removed from a reactor shall

~ be altered in form or content, unless the prior approval of the United States is obtained for such reprocessing or al-1 teration."

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Article VIII C.

of the U.S.

- Korea Agreement for Co-operation provides that:

"When any special nuclear material received from the United States of' America pursuant to this Agreement or to the superseded Agreement requires re-processing, or any irradiated fuel elements containing fuel material received from the United States of America pursuant to this Agreement or to the superseded Agreement are to be removed from a reactor and are to be altered in form or content, such reprocessing or alternion may be performed i

in facilities acceptable to both parties upon a' joint de-termination of the Parties that the provisions of Article XI may be effectively applied."

As no joint determination under Article VIII C.

can be made without the agreement of the United States, and since the facilities to be used must be acceptable to the U.S.

as one of the Parties, it is the view of the Executive Branch that criterion (5) is met.

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Additional Factors A.

Safeguards Implementation -- Significant infor-mation the Executive Branch possess'es bearing on the effectiveness of implemen.tation of IAEA safe-guards in the recipient country, including any such information on steps being taken to correct any identified deficiencies in the application of _ IAEA safeguards-in,.that country:

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The IAEA Secretariat has concluded in its Special Safe-guards Implementation 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 significant quantity of nuclear material".

Although rec-ognizing 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.

In the light of this and other factors associ-ated with he proposed export, the Executive Branch believes the framework of commitments, assurances and safeguards is adequate for the purposes of these exports.

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Criterion (6)

"No such sensitive nuclear technology shall be exported unless the foregoing conditions shall be, applied to any nu-clear 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."

s The proposed export does not involve sensitive nuclear

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criterion (6) is, therefore, not applicable.

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Section 128 Criterion Section 128 a. (1) of the Atomic Energy Act establishes the following additional criterion:

"As a condition of continued United States export of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology to non-nuclear-weapon states, no such export shalL_be, made unigss IAEA safeguards are maintained with respect to all peaceful nuclear activities in, under the jurisdiction of, or carried out under the con-trol of such state at the time of the export."

It should be noted that this criterion only applies to exports to take place after March 10, 1980 or pursuant to an application submitted after September 10, 1979.

We anticipate that this recommended export will occur before March 10, 1980.

In any case, as a Party to the NPT, Korea has accepted IAEA safeguards on all its nuclear activities thereby satisfying this criterion.

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B.

Special Non-Proliferation and Other Foreign Policy Considerations Related to XSNM-1173 and XSNM-1207 The KORR-II research reactor is the principle research tool of the Korean Atomic Energy Research, Institute and is used for production of medical radiois6 topes as well as nuclear training in reactor operation and research.

In ac-cordance with current US policy to encourage use of lower-enriched uranium whenever technically and economically feasible, this reactor design and its proposed use has been examined in detail by Argonne National Laboratory, which concluded that, while it wou'd be technically feasible to operate the reactor on low-enriched uranium (20 percent U-235), the operation on more highly-enriched fuel (e.g.,

70 percent U-235), is expected to be on the order of three times less costly than operation on current technology 20 percent enriched fuel.

More importantly, if the KORR-II were required to use full or partial 20 percent U-235 core loading.it would be a

forced to remain inoperable for at least a year since General Atomic does not have any 20 percent enriched fuel available and its current schedule of fuel deliveries to other customers would not permit it to start fabrication of twenty percent fuel for kORR-II for at least nine months.

(This is aside from any financial liabilities which would be incurred if already fabricated 70 percent fuel under the existing General Atomic-Korean contract were to be replaced with 20 percent fuel at our insistence.)

While an improved 20 percent fuel is being developed by General Atomic, it is expected to re-quire at least an additional year of development work before it becomes commercially available.

It is believed that few, if any, of the 20 percent fuel assemblies now in KORR-II could be used for reactor operation at any but the lowest power levels.

In any event, because of the gross failure of this core, it is practically impos-sible to isolate individual assemblies to determine the ex-tent of their damage.

Therefore, General Atomic has recom-mended replacement of most of the core and Argonne concurs in this view.

Issuance of both of these~ licenses would permit the export of 97 fuel assemblics for KORR-II, containing a total of 13.2 kilograms of U-235.

It should be noted that the quantity of highly-enriched uranium involved under the two licenses as well as the total,in-country unirradiated highly-

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enriched uranium is below the 15 Kg. of U-235, and the ef-fective Kg. at the 70 percent enrichment is well below the threshold of possible proliferation concern.

In light of the foregoing factors, we.beiieve that approval of XSNM-ll75 and XSNM-1207 is justified and is

- consistent with US policy to meet existing commitments to supply highly-enriched uranium while encouraging use of lower U-235 enrichments whenever technically and economically feasible.

Further, since the'KORR-II is' Korea's principal

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nuclear research tool and also provides radioisotopes for use in medical applications throughout Korea, we would urge prompt consideration and issuance of the license to permit earliest possible startup of this reactor.

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Inimicality Judgment Based on review of the proposed export, it is the judgment of the Executive Branch that tlie~ proposed export

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authorina:!r by the Xcrean Government of the Republic of Korea, to receive; and'pessess 2,144:Kg U-235 (3y20 for F'ori #1 Muclear I-ower Plant ; ursuant' to' the Agreemen t for Cooperation betaeen the Governmen cf the Republic of Korea., and the.

Covernment of the United. States. of America conce:rning civil' uses or atomic energy.

For the Government of the Republic of Korea.

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. Westinghouse

.-Water Reactor water Pem DiwSon5 M8tketm2

' Electric Corporation,

Divisions DTT OCT ll gi ll g -

Ba m8 P:r:scurgn Pennsylvania 15230 Pi'D?I/:h'?QR[

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.-October 6, 1977-5; _ fy/

I or. M. A. Guhin Agrnements and Export Branch Division of Material and Fuel Cycle Facility Licensing Nuclear Regulatory Commission Washington, DC 20555

Subject:

Export License XSNM-740 Korea Electric Company

Dear Sir:

The subject license was issued to Westinghouse for the export of nuclear fuel from the United States to Korea. 'The total uranium of 2,430 kilograms uranium 235 contained in 82,360 kilograms of uranium enriched to 3.2 w/o maximum in uranium 235 was allotted for export.

An amendment to this license is requested which will increase the export amount up to 4,574 kilograms of uranium 235 contained in 148,299 kilograms of uranium 235. 'The increase is due to the added fuel assemblies for

Regions 6 through-9 for the KO-RI nuclear power plant located at Puson, 1

Korea. -It is also requested that the expiration date be extended to July 1,1985 to allow.for the shipping of the additional regions.

An "End Use Statement" for the additional regions will be sent at a later date.

If further information is needed in understanding the above request, please j

feel free to call' anytime.

J Very truly yours, s

i

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<A

.R. J. diess International Customer Services cc:

J. G. Russell R. J. McCormick' a-

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Yl0Sfingh00SO Yhf0fReactOf W exWDe rsMme9 Electric Corporation Divl31ons

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  • 2' * " 5 Box 1918 Prsn;1 Pems,"uma 15230 X SM//}/- 7 Yb December 29, 1977 10 - / 9 Ie d S - 9 y/

Dr. M. A. Guhin Agreements and Export Branch Division of Materials and Fuel Cycle Facility Licensing Nuclear Regulatory Commission Washington, D. C.

20555

Subject:

End Use Statement for XSt#1-740 Amendment No. I

Dear Dr. Guhin:

Enclosed is the "End Use Statement" for the additional supply of fuel for the K0RI I license (XSNM-740).

Please refer to my letter ICS-6054 dated October 6,15 77 concerning the above.

If further information is required, please feel free to call anytime.

Very truly yours,

/

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R. E Hess International Customer Servi,ce.s

/cg Enclosure cc:

W. L. Boettinger

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HOEEEA ELECTRIC COMPANY CAtti ADDtt$1;

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NAMDAEMOON-RO. CHUNG KU mastADDH55 EtttC00 Stout c, o go, no. 7,o

'"""0-NEOEil.. KHItEA

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October 25 1977 7:m.?.n IA_m,_v.,1

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1 Uubject: Vo-i;i 1 7uel W.5 Use Etatem.ent Lerr Eir:

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.e hereby certify th:t bl.e Zorea Electric Conpt:nr Seoul.

".o.r e : 'till incorpor te in our Ko-ili Unit One 1:uc1cnr Te ecr olcat located it I o-Iti C hr.nC"n-:3cr,Yrnc-% n-'un.

.', on: enu - : n-Do, :orer. I tot:1 of 12 relor i nucle:r fuel

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  • f: brier ted by octinghouce.

Verl/ truly yourc, o

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Amendment No. 01

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. :'Pursuont to the Atomic Energy Act of,1954,os amended.ond, they'the. licensee, o license is hereby is

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$ Energy Reorganization Act of.J974.ond the regulations, of theU, iring the export of the materiols ond/or production or uhlization Nf 7-

[ucleor Regulatory Commission issued pursuant thereto, and inEfocilities listed below, subject to the terms and condihons herein.'.. b:-

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j m o,,, ',2.iyExtend'theexpirationdate'from'1' January 1980to1 July 1985.:-

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, 148,299fkilograms' uranium. enriched to 3.2 w/o W\\j '

9 8 BV./.. i maximum?in' uranium-235.. :F

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..l Nei*her this license nor ony right under this license shall be assign.

.tHis ucEP'$[ t$ INVAUD UNtE55 SIGN (D ${ LOW

, '3 ed or otherwise transferred in violation of the provisions of the SY A THOtilED NBC Rf PetSENTAnVE

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k; E Atomic Energy Act of 1054, os omended and the Energy Reorgon -

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This l.iceme is sub.iect to the righi of recapture or controf by Section

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- Office of International Programs a-i 4

g y P beher pmidom obo;d Am. now or herecFeer in ei8ect and to oll

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{1 13) 8

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'D.h; U.S. NUCLEAR REGULATORY COMMISSION EXPORT LICENSE

.n XSNM-740 F.'..

L,.

Conditions Lice'nse Number Amendment No. 01..

.:.q',

.v D,kCondition 1 - Licensee shall file with the Customs Officer or the Postmaster two copies, in addi-n.<

',;.y-

, tion to those otherwise ' required, of the Shipper's Export Declaration covering F' 9..

. each export and mark one of suctrtopies for transmittal to the U.S. Nuclear Regu-lotory Commission, Washington, D.C. 20555. The following dectoration should oc-

'.q /,

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.h company or be placed on the Shipper's Export Declarations for such exports:

y z.

u.

aI.r

/. e "This shipment is being made pursuant to specific license number (specific

[M license number) filed at (location of Customs office where license is filed),

'~

M L

. on (date license was filed). This license expires on (expiration date of M..

'f-license), and the unshipped balance remaining on this, license is sufficient to Ed;,jC 4-;[

,. cover the shipment described on this declaration."

a.

' ogy, Condition 2 - Exports authorized in any country or' destination, except Country Groups 0, S, W, 2

Y J-

. X, Y, and Z in Port 370, Supplement No.1, of the Comprehensive Export Schedule

. of the U.S. Department of Commerce.

i ; Condition 3 - This license covers only the nuclear content of the material.

v,;.w Condition 4 - The material to be exported under this license shall be shippd in accordance the physical protection requirements for special nuclear material in 10 CFR 7't.

G[G. Condition 5 - Special nuclear material authorized for export under this license

'4 transported outside the United States in possenger.corrying aircraft in shipments

' ~

'g exceeding (1) 20 grams or 20 curies, whichever is less, of plutonium or uranium nQ-233, or (2) 350 grams of uranium 235.

,N Condition 6-This license authorizes export only and does not authorize the receipt, physical

,y

~ possession, or use of the nuclear material.

Condition 7 -The licensee shall complete and submit on NRC Form 741 for each shipment of.

jl f, "'

source material exported under this license.

n ;,

... '.'h Condition 8 - The licensee shall advise the NRC in the event there is any change in the designo-S WJ

. tion of the company who will package the nuclear material to be exported under if this license, or ony change in the locotion of the packaging operation, of least

'.., y.

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..three weeks prior to the scheduled date of export.

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, APPENDIX E.

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t DEPARTMENT OF STATE

-.7.7.20201

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March 23, 1978

<-.n...,

... - cs MEMORANDUM FOR LEE V.

GOSSICK

~

NUCLEAR REGULATORY COMMISSION i

t., f i ':

  • J 3 s

Subject:

Comments to NRC on Nuclear Export License Application Your letter of August 1, 1977 requested the views of the Executive Branch on the issuance of a proposed license for the export to the Republic of Korea of 2.30 kilograms of U-235 contained in 3.280 kilograms of uranium enriched to 70 percent U-235 in the form of fabricated fuel elements.

On the basis of the factors covered by the attached analysis, the Executive Branch has concluded that issuance of the proposed license would not be inimical to the in-terests of the United States including the common defense and security and that the United States Government has the assurance that the recipient country is committed to pro-viding adequate physical security for its nuclear program, including a level of protection compatible with that en-visaged by IAEA INFCIRC/225.

The supply of ti. s highly en-riched uranium will be subject to all of the terms and con-ditions of the Agreement for operation between the United States and the Republic of K a.

l

(%

w Petar TarndfN Executive Secretary Attachments:

1 1.

License Application Analysis 2.

Letter f rom the Atomic 1:ncrgy Burm of the Republic of Korea dated September 2, 1977 APPENDIX E n n n.

+