ML20204C691
| ML20204C691 | |
| Person / Time | |
|---|---|
| Issue date: | 06/19/1978 |
| From: | Moore R NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| NUDOCS 7811290289 | |
| Download: ML20204C691 (3) | |
Text
O f * ** %q'o UNIIF D ' i(ES
- ' }, 3 NUCLE Alt itLGUL A'l,HY COMMISf ION
%,[f.
.:+E V 4.SHINGTON. O. C. 20555 s
,l
...,+
June 19, 1978 MEMORANDU:1 TO THE FILE STAFF C0f1CLUS10NS REGARDING PROPOSED LICENSE AMEflDMEliT TO EXPORT LOW-ENRICHED URANIUM TO THE REPUBLIC 0F KOREA (APPLICATION XSNM-740, AMEf1DMENT NO. 01)
License Number XSNM-740 issued October 4, 1975, authorized Westinghouse Electric Corporation to export 2,430 kqs U-235 contained in 82,360 kas of uranium enriched to 3.2% to the Republic of Korea (onK) as fuel for the Ko-Ri 1 reactor.
(SECY 75-536).
In October 1977, Westinghouse applied for an amendment to XSNM-740, requesting an additional 2,144 kgs of U-233 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 Ko-Ri is a 560 Mwe pressurized water reactor owned and operated by the Korea Electric Company of Seoul.
l In, response to our October 31, 1977 request for views, the Executive Branch has (1) concluded that issuance of the proposed license would not be inimical to the interests of the United States, including common defense and security, and (2) confirmed that the material will be subject te 11 the terms and conditions of the Agreement for Cooperation between the L ted States and the ROK.
These views and license application analysis by the Executive Branch were forwarded by the State Department memorandum of May 9,1978.
J Confirmation of the applicability of the US-ROK 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.
Safe A5 a' guards. The export will be subject to I AEA safeguards.
o party to the Nonproli feration Treaty (NPT), the ROK has I
undertaken an obligation to accept I AEA safeguards on all
{
source or special fissionable material in all peaceful nuclear l
activities within the territory of the ROK, under its jurisdiction, or carried out under its control anywhere, i
78112b
Memorandum to the File o
!!o Nuclear Explosive Use.
Also, as a party to the NPT, the E0K 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 _ weapons or other nuclear explosive weapons.
o Physical Security.
The low-enriched uranium proposed for export in this application is not a nuclear weapon material.
Nevertheless, the State Department has advised that the ROK has implemented 1AEA 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 11^.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-ROK 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.
6 h
i 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
...ay 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 tie 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 Japan currently 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 fluclear flonproliferation 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.
JuYW._
R. Ieal Moore Senior Licensing Reviewer Office of International Programs l
i e
I
- +-m er
..h.