ML20237C105
| ML20237C105 | |
| Person / Time | |
|---|---|
| Issue date: | 08/05/1998 |
| From: | Stoiber C NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| References | |
| SECY-98-190, SECY-98-190-01, SECY-98-190-1, SECY-98-190-R, NUDOCS 9808200200 | |
| Download: ML20237C105 (19) | |
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POLICY ISSUE August 5, 1998 SECY-98-190 FOR:
The Commissioners FROM:
Carlton R. Stoiber, Director Office of International Program
SUBJECT:
FROPOSED LICENSE TO EXPORT A 10 MEGAWATT TRIGA RESEARCH REACTOR TO THAILAND (XR166)
PURPOSE:
To request Commissim review of the proposed issuance of a license to General Atomics authorizing the export of a 10 mW(t) TRIGA research reactor to Thailand. The application is being referred to the Commission in accordance with 10 CFR $110.40(b)(1).
DISCUSSION On March 7,1998, General Atomics applied for a license (Attachment 1) to export one light water cooled and moderated, heavy water and beryllium reflected, pool type, low enriched uranium fueled, TRIGA research reactor with a maximum thermal output of 10 megawatts to the Ongkharak Nuclear Research Center in Thailana. The reactor will be used for the production of medical isotopes.
In response to NRC's request for Executive Branch views, the Department of State, in a letter dated July 6,1998 (Attachment 2), recommends apprcval cf the proposed export which would be subject to the terms and conditions of the Agreement for Cooperation Between the Government of the United States of America and the Govemment of the Kingdom of Thailand Conceming Civil Uses of Atomic Energy which entered into force on June 27,1974.
CONTACT:
B. L. Wright, OIP/NEMR 415-2342 hf b sit
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- D The Executive Branch concludes that the requirements of the Atomic Energy Act, as amended by the Nuclear Non-Proliferation Act of 1978, have been met and that the proposed export will not be inimical to the common defense and security of the United States. They state that Thailand continues to adhere to the provisions of the 1974 U.S.-Thailand Agreement for Cooperation, a finding confirmed in a letter from the Thailand Office of Atomic Energy for Peace dated July 6,1998.
With regard to physical protection of nuclear facilities in Thailand, the most recent visit to Thailand of a U.S. nuclear physical protection team was in April 1995. The team found that the physical protection measures maintained in Thailand met the standards for appropriate levels of protection set forth in IAEA document INFCIRC/225/Rev. 3.
Thailand is a party to the Treaty on the Non-Proliferation of Nuclear Weapons and will facilitate IAEA's application of safeguards at the research reactor as required by Article lll(2) of the Treaty. Thailand's agreement with the IAEA to maintain safeguards on all its peaceful nuclear activities entered into force in 1974.
CONCLUSION:
The staff concurs with the Executive Branch judgment that the proposed export will not be inimical to the common defense and security of the United States and concludes that all criteria required for the issuance of license XR166 are met. The Office of the Executive Director for 1
Operations concurs. The Office of General Counsel has ' o legal objection.
n RECOMMENDATION:
That the Commission authorize the issuance of export license XR166 to General Atomics.
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,MlW 6/ b Carlton R. Stoiber, Director Office of Intemational Programs
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Attachments: 1.
3/6/98 General Atomics Application (XR166) 2.
7/6/98 Executive Branch views, R. Stratford to C. Stoiber l
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l Commissioners' completed vote sheets / comments should be provided directly to the Office of the Secretary by COB Thursday, August 20, 1998.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT August 13, 1998, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and.the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
l Commissioners OGC OCAA DIG OPA OIP OCA CIO CFO EDO SECY l
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CEN:RAL ATORNCS March 6,1998 IEL-2884 YA 166 VIA OVERNIGHT EXPRESS SERVICE Mr. Ronald D. Hauber MS 3 HS '
//o45079' Assistant Director Exports, Security and Safety Cooperation 7
U.S. Nuclear Regulatory Commission 7g g g Washington, DC 20555 4
Subject:
Request for Non-Power Reactor Export License to Thailand
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Dear Mr. Hauber:
General Atomics (GA) has entered into an agreement with the Office of Atomic Energy for Peace of Thailand to design and build a TRIGA research reactor at its Ongkharak Nuclear Research Center as part of an isotope production facility. Pursuant to the requirements of 10 CFR parts 110.31 and 110.32, GA hereby makes application to NRC for a license authori7.ing the export of the below described non-power TRIGA research reactor. In support of this request, the following information is provided:
(a) Name and address of applicant:
General Atomics 3550 General Atomics Ct.
San Diego, CA 92121 (b) Name and address of supplier of equipment or material:
General Atomics 3550 General Atomics Ct.
San Diego, CA 92121 (c) Country of origin of material:
United States (d) Names and addresses of allintermediate and ultimate consignees:
Ultimate consignee:
Govemment of Thailand l
Ministry of Scieneet, Technology and Environment Office of Atomic Energy for Peace The Ongkharak Nuclear Research Center (e) Dates of proposed first and last shipments:
( b :l 13 1 I c. ai U 5I d';() C [8S N s 1550 GENERAL ATOMICS COURT, SAN DIEGO CA 921211194 PO BOX 85608. SAN DIEGQ CA 92186 9784 1619)465-3000 f&C. f\\ M 06
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//0 0 S O3 Y BUREAU OF POLITICAL MILITARY AFFAIRS July 6,1998 MEMORANDUM FOR CARLTON R. STOIBER NUCLEAR REGULATORY COMMISSION Enclosed is an Executive Branch analysis covering the proposed export to Thailand of a 10 Megawatt thermal TRIGA research reactor for the Ongkharak Nuclear Research Center, cperated by the Office of Atomic Energy for Peace under the Ministry of Science, Technology cnd Environment. In accordance with the Atomic Energy Act, as amended by the Nuclear Non Proliferation Act of 1978, the analysis explicitly addresses whether the requirements of Section 126,127 and 128 are met.,
The Executive Branch, on the basis of its review of this case, has concluded that the requirements of the Atomic Energy Act, as amended, have been met and that the proposed export would not be inimical to the common defense and security of the United States.
Thailand continues to adhere to the provisions of the 1974 U.S. Thailand Agreement for Cooperation.
Ther efore, the Executive Branch recommends issuance of the requested export license.
Richard J. K. tratford Director Office of Nuclear Energy Affairs
Enclosure:
a n e sis.
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h CEN:RAL ATOMICE March 6,1998 lEL-2884
'h hhh VIA OVERNIGHT EXPRESS SERVICE f e g gggp y fj Mr. Ronald D. Hauber MS 3 H5 ~
Assistant Director 7Q Exports, Security and Safety Cooperation U.S. Nuclear Regulatory Commission 7gg4 Washington, DC 20555 g
Subject:
Request for Non-Power Reactor Export License to Thailand
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Dear Mr. Hauber:
General Atomics (GA) has entered into an agreement with the Office of Atomic Energy for Peace of Thailand to design and build a TRIGA research reactor at its Ongkharak Nuclear Research Center as part of an isotope production facility. Pursuant to the requirements of 10 CFR parts 110.31 and 110.32, GA hereby makes application to NRC for a license authorizing the export of the below described non-power TRIGA research reactor. In support of this request, 'he following information is provided:
(a) Name and address of applicant:
General Atomics 3550 General Atomics Ct.
San Diego, CA 92121 (b) Name and address of supplier of equipment or material:
General Atomics 3550 General Atomics Ct.
San Diego, CA 92121 (c) Country of origin of material:
United States (d) Names and addresses of allintermediate and ultimate consignees:
Ultimate consignee:
Govemment of Thailand Ministry of Science, Technology and Environment Office of Atomic Energy for Peace The Ongkharak Nuclear Research Center
-(e) Dates of proposed first and last shipments:
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1550 GENERAL ATOMICS COURT. SAN DIEGQ CA 921211194 PO 80X 85608, SAN DIEGQ CA 9218&S784 (619)4503000 kCbM06
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First Shipment:
June 1998 Last Shipment:
December 31,2008 (f) Description of material:
Light water cooled and moderated, heavy water and beryllium reflected, pool type, LEU l
fueled TRIGA non-power reactor with a maximum thermal output of 10 Megawatts.
Enclosed, please find a check in the amount of $8100 for the export license fee. If you need additional information or assistance, please do not hesitate to contact Mr. Brian Laney, Staff Licensing Engineer, at (619) 455-4369 or myself at (619) 455-2823.
Very truly yours,
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[or Keith E. As ussen, Director Licensing, Safety and Nuclear Compliance
Enclosure:
Check in the amount of $8100.
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Mutus United States Department of StNMSS DOE /OR Washington, D.C 20520 NACINMM98 MYM
//0 0 S O2 Y BUREAU OF POLITICAL MILITARY AFFAIRS July 6,1998 MEMORANDUM FOR CARLTON R. STOIBER NUCLEAR REGULATORY COMMISSION I
Enclosed is an Executive Branch analysis covering the proposed export to Thailand of a 10 Megawatt thermal TRIGA research reactor for the Ongkharak Nuclear Research Center, operated by the Office of Atomic Energy for Peace under the Ministry of Science, Technology cnd Environment. In accordance with the Atomic Energy Act, as amended by the Nuclear Non. Proliferation Act of 1978, the analysis explicitly addresses whether the requirements of Section 126,127 and 128 are met.,
The Executive Branch, on the basis of its review of this case, has concluded that the requirements of the Atomic Energy Act, as amended, have been met and that the proposed export would not be inimical to the common defense and security of the United States.
Thailand continues to adhere to the provisions of the 1974 U.S.-Thailand Agreement for Cooperation.
Therefore, the Executive Branch recommends issuance of the requested export license.
Richard J. K. tratford Director Office of Nuclear Energy Affairs
Enclosure:
analysis.
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EXPORT LICENSE APPLICATION ANALYSIS XR166 Destination:
Thailand Transaction: General Atomics (GA) has applied for authorization to export to Thailand one light water cooled and moderated, heavy water and beryllium reflected, pool type low enriched uranium (LEU) fueled, TRIGA research reactor with a maximum thermal output of 10 Megawatts. The reactor will be used for the production of medical isotopes by the Ongkharak Nuclear Research Center operated by the Office of Atomic Energy for Peace under the Ministry of Science, Technology and Environment.
Date of Application:
March 6,1998
1.
Applicable Agreement for Cooperation The proposed export will be subject to the terms and conditions of the Agreement for Cooperation Between the Government of the United States of America and the Government of the Kingdom of Thailand Concerning Civil Uses of Atomic Energy which entered into force on June 27,1974. This was confirmed by a letter from the Thailand Office of Atomic Energy for Peace dated July 6,1998, a copy of which is attached.
Thailand has adhered to all provisions of that Agreement for Cooperation.
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Extent to Which Export Criteria Are Met A.
Section 127 Criteria As provided in Section 127 of the Atomic Energy Act, as amended, the following criteria govern exports for peaceful nuclear uses from the United States of source material, special nuclear material, production or utilization facilities, 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 U.S.-Thailand Agreement for Cooperation, and to any special nuclear material used in or produced through the use thereof."
Thailand is a party to the Treaty on the Non Proliferation of Nuclear Weapons (NPT) and has concluded an agreement wi:h the International Atomic Energy Agency to maintain safeguards on all its peaceful nuclear activities which entered into force on May 16,1974.
Therefore, it is the Executive Branch view that criterion (1) is met.
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Qiterion (2)
No such material, facilities, or sensitive nuclear technology proposed to be exported or previously exported and subject to the applicable agreement for cooperation, and no special nuclear material produced through. the use of such materials, facilities, or sensitive nuclear technology, will be used for any nuclear explosive device or for research on or development of any nuclear explosive device."
As a non-nuclear weapon state party to the NPT, Thailand is precluded from acquiring, developing or manufacturing nuclear explosive devices for any purpose.
It is therefore the Executive Branch view that criterion (2) is met.
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4 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 produced through the 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, physical security measures shall be deemed adequate if such measures provide a level of protection equivalent to that required by the applicable regulations."
The Executive Branch has assessed the physical security measures maintained by the Government of Thailand with respect to nuclear material and determined that they are adequate for the material covered by this license application.
The most recent visit to Thailand of a U.S. nuclear physical protection team was in April 1995. The team found that the physical protection measures maintained in Thailand met the standards for appropriate levels of protection set forth in IAEA document INFCIRC/225/Rev.3.
j Assurances regarding maintenance of physical protection of nuclear materials in Thailand were provided in a letter from the Thailand Office of Atomic Energy for Peace' I
dated July 6,1998, a copy of which is attached to this analysis.
Therefore it is the view of the Executive Branch that criterion (3)is met.
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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 States may approve such retransfer only if the nation or group of nations designated to receive such retransfer agrees that it shall be subject to the conditions required by this section."
Article X (3) of the 1974 U.S. Thailand Agreement for Cooperation provides that:
"No material, including equipment or devices, transferred to the Government of the Kingdom of Thailand or to authorized persons under its jurisdiction pursuant to this Agreement, or the superseded Agreement will be transferred to unauthorized persons or beyond the jurisdiction of Government of the Kingdom of Thailand except as the Commission (i.e. the U.S. Government) 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 of America and the other nation or group of nations."
Article VIII E. of the 1974 U.S.-Thailand Agreement for Cooperation provides that:
"Special nuclear material produced through the use of material transferred to the Government of the Kingdom of Thailand or to authorized persons under its jurisdiction pursuant to this Agreement will be transferred to any other nation or group of nations or group of nations, provided that such nation or group of nations has an appropriate agreement for cooperation with the Government of the United states of America or guarantees the use of special nuclear material for peaceful purposes under safeguards acceptable to the Parties."
These articles give the U.S. approval rights over the retransfer from Thailand of U.S.-
supplied material, equipment and devices (i.e. utilization facilities) or special nuclear material produced through the use of such material or facilities.
Therefore it is the Executive Branch view that criterion (4) is met.
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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 containing such material removed from a reactor shall be altered in form or content, unless j
the prior approval of the United States is obtained for such reprocessing or alteration."
J Article VIII C. of the 1974 U.S.-Thailand Agreement for Cooperation requires a joint j
determination of the parties to the Agreement prior to the reprocessing, or alteration in form or content of any irradiated fuel elements containing fuel material received from the United States of America pursuant to the Agreement.
l 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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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 proposed export does not involve the transfer of sensitive nuclear technology.
Criterion (6) is, therefore, not applicable.
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Section 128 Criterion Section 128 (1) of the' Atomi: Energy Act, as amended, establishes the following additional criterion: ~ "As a condition of continued United States export of source material, i
special nuclear 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."
Since Thailand is a party to the NPT and has entered into an agreement with the IAEA to maintain safeguards on all of its peaceful nuclear activities, it is the view of the Executive j
Branch that this criterion is met.
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- 3. Additional Factors The Executive Branch believes the framework of commitments, assurances, and l
safeguards is adequate for the purposes of this export.
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Inimicality Judgment It is the judgment of the Executive Branch that the proposed export will not be inimical to the common defense and security and that the requested license should be issued.
I XR166 - EXECUTIVE BRANCH ANALYSIS FOR EXPORT 'lv THAILAND OF A 10 MW TRIGA REACTOR Drafted:PM/NE:RDe tre 07/06/98 Delaba~1/NRC/THAIANLY. DOC Clearances:
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' July B.E. 25di (1998)
Subject:
Application for a Ticense QCR188) to export a 10 Megawatt thermal TRIGA research reactor for me ongkharak Nuclear Research Center in Thelland
Dear Ms. Dedik,
We are writing wie reference to your letters, dated 29 April and 24 June 1998 addressed to the Minister Counsellor, Office d Science and Technology, Washington, concoming the application for a license Q(R166) to export a 10 Megawat thermal TRIGA research reacter for the Ongkharak Nuclear Research Center in Thailand.
. The ol5ce of Atomic Energy for Peace, Ministry of Science Technology and Emdronment would like to confirm that:
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- a. The transfer of the material, fight water cooled and moderdad, heavy water and toryllium reflected, pool type. LEU fueled TRIGA non-power reactor with a maximum themm1 output of 10 Megames, will be subioet to all the terrns and conditions of the l
Agreement for Cooperation Between the Govemment of the United States of America and the Government of the Kingdom af Thaiinnd Concoming Civil Uses of Atomic Energy, which entered into force on June 27,1974; l
- b. The ultimmte consignees, the office of Asomic Energy for Peace, Ministry of Scionoe, Technology and Environment, are authorized by the Govemrnent of Thailand, to receive and possess the material: and
- c. an appropriate level of physical piv;edien will be maintained on the material in the remeter, set forth in IAEA document INFC4RCl225/Rev.3 Thankyou for your co operation.
l Yours sincer6ly,
[. 8 4 I-(Mr. Kriangsek Shadrakorn)
SecretaryGeneral Ms.Trisha Dedik Director Nucloor Trarmfor and Supplier Policy Division Offlee of Arms Corvtrol and Nonproliferation Department et Energy Washington, DC 20585 U.S.A.
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