ML20244A644

Requests Advice Whether DOE Still Pursuing Romania Order & Still Needs License or Whether Pending Application Can Be Withdrawn

ML20244A644
Person / Time
Site:	(XSNM-1749)
Issue date:	06/06/1989
From:	Peterson M NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:	Hart T ENERGY, DEPT. OF
References
NUDOCS 8906120101
Download: ML20244A644 (1)

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UNITED STATES j

NUCLEAR REGULATORY COMMISSION

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JUN L 6 1989 i

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Mr. Ted Hart U.S. Department of Energy 1000 Independence Avenue, N.W.

Washington, D.C. '20585

Dear Mr. Hart:

Attached for your review is-a copy of your export license application XSNM01749 for.the export of fuel elements to Romania for use.in the TRIGA research reactor located in Pitesti, Romania.

actively pursuing the Romania order and still needs the license, or w1 Please review this application and advise whether or not DOE is stil hether i

the pending application can be withdrawn.

Your prompt attention to this request would be greatly appreciated.

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Sincerely, y' J Marvin R. Peterson, Assistant Director 1

for International Security Office of Governmental and Public Affairs

Enclosure:

Application XSNM01749 (Romania)-

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8906120101 890606 PDR XPORT X5NM-1749 PDC

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FORM NRC.7 U.S. NUCLEAR RECULATORY COMMISSl*

($.798 APPROVED E,Y i to CFR 11o -

APPLICATION FOR LICENSE TO EXPORT NUCLEAR 848 225'" "82 MATER lAL AND EQUlPMENT (See instructions on Reverse)

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1. APPLIC ANT'S je. D ATE OF APPLIC ATION o. APPLIC ANT'S REFE RENCE 2.NRC

a. DOCKET NO.

C. LtCErtSE NO.

uSE Sept. 26, 1980

~80-90 USE

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3. APPLICANT *S NAME AND ADDR ESS l Rt$

4. SUPPLIER'S NAME AND ADDRESS lRIS IComosere of apphcant is not supparer of material)

U.S. Decalt rnt of Energy

0. 51RE ET ADDRESS a.NAME 1000 Independence Avenue, S.W.

U.S. Departrent of Energy

c. CIT Y STATE 2IP CODE

o. STREET ADDRESS Washington D.C.

20585 Goodyear Atomic Corporation

a. T E n.E PMON E tv wM B E R (Area Coor - Arumoer -istension)

c. CITY STATE ZIP CODE 202-252-6193 Piketon Chio 45661 S. FIRST SMIPMENT

6. FINAL SHIPMENT 7, APPLICANT'S CONTRACTUAL B. PROPOSED LICENSE

9. US. DEPARTMENT OF ENERC SCHEDULED SCH EDULED DELIVERY DATE EXPIRATION DATE CONTRACT NO. (/f Knone l

January 1, 1981 January 1, 1982 Not applim ble January 1, 1982 DE-SC05-80LEUO508 1o. utTiMATE CONSIGNEE I RIS

11. ULTIMATE END USE

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a. Om AME 5'""** O'**' *' '*'5'5'Y "***I State Oxrnittee for Nuclear Energy For use as fuel elements for TPlGA

o. STREET ADeaESs research reactor, Pitesti, R rcania 4

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c. CITY - STATE - CovNTRY i

Pitesti, Romania l

11a. EST.DATE OF FIRST USE l

12. INTERMEDIATE CONSIGNEE l RIS

13. INTERMEDIATE END USE l

NAME Fabrication of TPlGA fuel e;.e.e xs General Atomic Corocration

b. STRE ET ACDnESS P.O. Box 81608

c. CITY - STATE - COUNTRY cm n % c. Niiecinia 92138 13a EST. D ATE OF FIRST USE

14. INTERMEDI ATE CONSIGNEE l RIS

15. INTERMEDIATE END USE j

e5 ed AM E To oe determined 1

For transportation only

b. STREET ADDAESS E. CITY - STATE - COUNT R Y 15a. EST. DATE OF FIRST USE 16.

17. DESCRIPTION

18. MAX. ELEMENT 19. M AX. 20. MAX 21.

NRC linctuor chemical and ohysocal fonn of nuclev materw!;erve corte value of U$t nuenar eauspment one ecunconeew WEIGHT WT. %

1 SOT 09EWT.

UN1 Fuel ele:mnts for TRIGA research reactor 37.2 kgs.

19.77 7.354 kgs Kgs j a 6.Q,. A. = 3 S A '5 7 Key R

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22. COUNTRY OF ORIGIN.-

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23. COUNTRY OF ORIGINrSNM I

24. COUNTRIES WHICH ATTACH I

l SOURCE MATERIAL WHERE ENRICHED OR PRODUCED SAFEGUARDS I//Known)

U.S.A U.S.A U.S.A

3. ADDITIONALINFORMATIkt contract for transfer of fuel el N (Use sepe ete merf itneessaa yf See at

• 5ed dra e:mnt under IAEA auspices.

28. The applicant esetifies shot this appucation is prepared in conformstY wrth Thie 10. Code of Federal Regulateers, ered that sti information in

.p.i w on i.s rreeti th. b iofhi/herano.i.de..

• AUTHOR 12ED CFFICtAL

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CONTRACT TO LOAN WITHOUT CHARGE ENRICHED URANIUM BETWEEN THE DEPARTMENT OF ENERGY

'I AND THE SOCIALIST REPUBLIC OF ROMANIA Contract No. DE-SC05-80LEUO508.

THIS CONTRACT, entered into'this day'of 19,__, by and between'the UNITED STATES'0F AMERICA (hereinafter referred to as.the

" Government"), acting through the SECRETARY OF ENERGY-(hereinafter referred to as the " Secretary"), the statutory head of the DEPARTMENT OF ENERGY (hereinafter referred to as " DOE"), and THE SOCIALIST REPUBLIC-0F ROMANIA (hereinafter referred to as " Contractor") pursuant to the Third Supply Agreement (hereinafter referred to as the " Supply Agree-ment") among the' Government, the' Contractor and the International Atomic-

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Energy Agency; WITNESSETH THAT:

WHEREAS, the parties hereto desire to establish the terms and con-ditions applicable to the supply by DOE of certain enriched uranium requirements, which shall be used.in support of the Government's Reduced Enrichment Research and Test Reactor program; WHEREAS, this Contract is entered'into pursuant to the Supply Agree-ment and is authorized and executed on the part of DOE'under the Atomic-Energy Act of 1954, as amended, and other applicable law; NOW,.THEREFORE, the parties hereto do mutually agree as follows:

ARTICLE I - DEFINITIONS i

1 As used in this Contract:

1.

The term "Act" means the Atomic Energy Act of 195'4, as amended.

2.

The term " DOE facility" means a laboratory, plant, office, or-

.other establishment operated by or on behalf.of DOE.

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.The term " DOE's established specifications" means the specifica-3.

tions for purity and.other physical or chemical properties of special nuclear material, as published'in the United States Federal Register from time to time.

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4.

The term " persons acting on behalf of DOE" includes employees and contractors of. DOE, and employees of such contractors,_who implement

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or participate _ in.the implementation of_ this Contract pursuant to their employment or their contracts with_ DOE.

5.

The term " established DOE oricino policy" means any applicable-price or charge in United States collars in effect at the time _any par-ticular. transaction under this Contract takes place (i) published by DOE in the United States Federal Register or (ii) in the. absence of such a-published figure, determined in accordance with DOE's pricing policies in which event' statement of such pricing policies will be furnished the Contractor. DOE's published prices and charges, as well as its pricing policies, may be amended from time to time.

6.

The term " standard form"~means the chemical form of enriched crari-um as published by DOE in the United States Federal Register from time to a

time.

ARTICLE II - SCOPE I

1.

This Contract is subject to all of the terms, conditions, pro-i visions, and guarantees contained in the Supply Agreement.

2.

In furtherance of the Government's Reduced Enrichment Research i

i and Test Reactor program, DOE will furnish the Contractor up to thirty-seven j

kilograms of uranium as metal enriched to 19.75 + 0.2 w/o U-235.

Such material will be fabricated into five Triga fue1 elements which will be

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used by the Contractor as fuel in a steady state reactor to perform reactor physics studies and fuel irradiation tests in accordance with the

" Agreement Between the Department of. Energy of the United States of America and the State Committee for Nuclear Energy of the Socialist Republic of Womania on Cooperation. in the Field of-Research Reactor Fuel Performance."

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ARTICLE III - TERM OF CONTRACT, TERMINATION AND CANCELLATION i

1.

Except as otherwise provided herein, the Contractor shall have the right to possess and~use material covered by this-Contract until November 1, 1984.

2.

The expiration, suspension, or termination, in whole or in part, of the Supply Agreement shall automatically result in the expiration of this Contract and any orders for material shall;be of no further force or effect as to the affected material.

3.

Either party may terminate this Contract at any time the other party fails or neglects to fulfill its obligations hereunder or under the Supply Agreement. '

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In the event that the Contractor for any reason is unable.to use any material furnished hereunder for the purpose for which said material was furnished, the Contractor shall promptly notify DOE.

ARTICLF IV - DELIVERY 1

1.

DOE will make reasonable efforts to deliver material at the time or times stated in orders for material subject to this Contract, but neither DOE nor persons acting on behalf of DOE shall be liable for any failure to

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do so.

2.

.Upon execution of this contract, DOE shall notify the Contractor i

of the DOE facility at which delivery will' be'made.

DOE shall deliver.

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materials to-the Contractor or a commercial conveyance arranged and paid i

for by the Contractor at the subject DOE facility.

3.

The Contractor will submit such transfer documents covering receipts and shipments, and reports of loss or consumption, and inventory, with respect to material subject to this Contract as DOE may prescribe, and shall maintain records and make the same available to DOE as else-where herein provided.

ARTICLE V - RESPONSIBILITY FOR MATERIAL 1.

DOE shall be responsible for any loss, including consumption I

due to burn-up, of material subject to this Contract, unless such loss

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is due to the fault or neglect of the Contractor, its employees, its contractors or agents, occurring from the delivery of such material to the Contractor and until such material has been returned to DOE as pro-vided herein or purchased by the Contractor pursuant to Article VI.

2.

Except as otherwise' agreed by the parties, in the. event of loss of all or a portion of the material furnished hereunder,. DOE may in its i

sole discretion determine to supply additional material to the Contractor l

or to terminate this contract at no cost to the Government.

3.

Any disagreement between DOE and the Contractor as to whether material has in fact been lost, or as to the time any such loss occurred, shall be deemed a question of fact within the meaning of that term as used in Article XVII.

4.

It is the intent of the partfas that material subject to this Contract will not be transferred outsici Romania.

Should all or any portion of such material be transferred to a third country, other than the United States, outside Romania, the Contractor shall pay DOE there-for in accordance with established DOE pricing policy in effect as of the date of transfer.

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1 ARTICLE VI - RETURN OF MATERIAL TO DOE; PURCHASE OPTION.

1.

Except as may be otherwise agreed to by the parties hereto, the Contractor shall return the uranium on or before the expiration date or upon termination of this Contract to DOE's facilities in Oak Ridge, Tennessee.

2.

The Contractor may purchase all or any part of the special nuclear material subject to this Contract at any time up to and including-its date of expiration.

If the Contractor desires to make any such pur-chase, the Contractor shall inform DOE in writing to this effect at least thirty (30) days prior to the desired date of said purchase. The charge for such material purchased by the Contractor shall be in accordance with established DOE pricing policy in effect as of the effective date of said purchase.

j ARTICLE VII - PERFORMANCE OF DOE OBLIGATION: BILLING l -

1.

DOE may fulfill its obligations under the Contract through tne operator of any its facilities.

2.

All amounts due DOE under this Contract shall be paid within thirty (30) days after the date of invoice therefor in accordance with instructions furnished with such invoice.

Remittances sna11 be payacle to the Department of Energy and, unless otherwise directed by DOE, shall be sent to the Director, finance Division, Department of Energy, P. O.

Box E, Oak Ridge, Tennessee 37830.

3.

The Contractor shall pay interest at the per annum rate (365-day

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basis) established from time to time by DOE for general application to monies due DOE on all amounts not received by DOE on or before the due date, except that, whenever the due date for any payment under this article falls on a Saturday, a Sunday, or a legal holiday, interest shall commente

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on the day immediately following the next day which is not a Saturday, a j

Sunday, or a legal holiday.

ARTICLE VIII - INJURY OR DAMAGE Neither the Government, DOE nor persons acting for or on behalf of DOE make any warranty or other representation, express or implied, that f

material furnished under this Contract (a) will not result in injury or damage when used for the purpose for which furnished, (b) will accomp-lish the results for which it is furnished, or (c) is safe for any l

other use.

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ARTICLE IX - CONTAINERS AND EOUIPMENT 1.

Shipments of material subject to this Contract to the Contracter and the return of such materials to DOE, shall be made only in containers and/rr equipment furnished by DOE.

2.

Title to DOE-owned cont'ainers and equipment shall remain in the Government..The Contractor will not be responsible for any loss of or damage to DOE-owned containers or equipment except as may result from the fault or negligence of the Contractor, its employees, its contractors, or' agents.

DOE-owned containers or equipment will be used-only for shipment of material to and from DOE and for temporary storage of material shipped therein.

ARTICLE X - ASSIGNMENT The Contractor may not assign this Contract, or any order for material-subject to this' Contract, without the express written approval of DCE.

ARTICLE XI - DETERMINATION OF MATERIAL OUANTITIES AND PROPERTIES:

l RESOLUTION OF MEASUREMENT DIFFERENCE 5; l

1.

The following provisions and procedures shall apply to'tne ceter--

mination of quantities and properties of material, and the resolution of measurement differences resulting from such determination with resoect to material subject to this Contract which is transferred directly from or to a DOE facility. The term " transferred directly" means a transfer of material between the Contractor and DOE.

(For the purpose of this article, the terms " supplier" and " receiver" shall refer to DOE and the Contractor as the case may be.).The supplier will promptly furnish the receiver a stai.ement of the quantities and properties of the. material transfe red including a statement of the gross weight of the container plus material and the tare weight of such container, The DOE samplei obtained at a DOE facility using DOE's a.

procedures will be the official samples and shall be binding upon DOE, the Contractor, and the umpire unless DOE and the., Contractor agree upon the use of other samples, procedures or sampling locations.

b.

The following provisions and procedures apply to the-7 determination of the net weight of material transferred as determined by the gross weight of the container plur. material less the weight of such container.

The net weight of material transferred shall be determined at a DOE facility using DOE's procedures and facilities unless DOE and the Contractor agree upon other procedures or' facilities.

The net weight of material transferred shall be as determined by the results of such weighings-and shall not be subject to the provisions of subsections c. and d. beloa..

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If the receiver does not accept the supplier's statement c..

of the other quantities and properties of the material transferred, l

the receiver shall within thrity (30) days after,the' receipt of;thei

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material 'or the supplier's statement of quantities and properties,.

whichever is later, submit a notice of disagreement in writing to the supplier. The notice of disagreement shall include measurement and/or-

-l analysis data supporting the disagreement.

If such notice of s.

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disagreement is not submitted within such thirty-(30) days', the supplier's rieasurements willl be final and binding upon both parties.

If the disagreement is.with respect to specification limits, the receiver may handle the material es necessary for storage or protection against health and safety. hazards but the receiver shall not otherwise i

use.or. dispose of the material in any manner until the difference is

-j resolved unless such use or disposition is mutually agreed to by.00E-and the Contractor.

d.

In the case of a disagreement concerning results obtained from analysis of a sample which is ne t resolved by mutual agreement, an official sample shall be submitted to an umpire mutually agreed upon for analysis. The umpire's results shall be conclusive on both parties if such results are within the range determined by the receiver's and supplier's results.

If the umpire's results are outside the range determined by the receiver's and supplier's results, the parties shall accept the party's nearer to the umpire's results.

(1) In the case of a disagreement with respect to wnetner or not the material is within specification limits, the receiver will pay the umpire cost if the urpire's result is witnin speci-fication limits, and the supplier will pay the umpire ~ cost if the umpire's result is not within specification limits.

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(2) In the case of a disagreement with respect to quanti-tative determinations within specification limits, the party whose result is furtherest f rom the umpire's result will pay the umpire cost; -provided that in the' event the' umpire's result is equidistant between the supplier's' and the receiver's results, the parties will each bear one-half of the umpire cost.

(3) As used in this subsection d., the phrase, " umpire-cost" means the. umpire's charges, plus the additional: cost, if 9

any, of the packaging, handling, and transporting of the offi-cial sample to and from the umpire.

In the event that-the.

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umpire is to employ _'an official sample for more than one deter-mination,_the foregoing umpire costs.shall be allocated to such determination as mutually agreed by the parties prior to the furnishing of the sample. to the umpire, or in the absence of such agreement, as determined by the umpire.

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a 2.

The determinations made pursuant to the foregoing subparagraphs of this Article XI shall be final and binding for purposes of this Agree-ment and shall not be subject to dispute under Article XVII hereof.

3.

If the material delivered hereunder does not conform to CCE's established specifications, the responsibility and liability of the Government, DOE, and persons acting for and on behalf of DOE shall be limited solely to correcting such discrepancies by delivery of material which does conform to the applicable specifications, in exchange for the non-conforming material.

ARTICLE XII - LAWS, REGULATIONS AND ORDINANCES Except as otherwise authorized by 00E, the Contractor shall abide by all applicable laws, regulations and ordinances of the United States or of any State, territory, or political subdivision.

ARTICLE XIII - 0FFICIALS NOT TO BENEFIT No member of Congress or resident commissioner of the United States of America shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom.

1 ARTICLE XIV - COVENANT AGAINST CONTINGENT FEES 1

The Contractor warrants that no person or,siling agency has been empicyed or retained to solicit or secure this Contract upon an agreement or uncer-standing for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or hona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing

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business.

For breach or violaton of this warranty the United States of America shall have the right to annul this Contract without liability er in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XV - APPLICABLE LAW This Contract shall be construed in accordance with the internal federal law applicable in the United States District Courts to contracts to which the Government of the United Staces of America is a party, including, cut not limited to, the Nuclear Non-Proliferation Act of 1978.

ARTICLE XVI - NOTICES All notices and communications pursuant to this Contract from either party to the other (except notices published in the Federal Register) shall ce in writing and shall be sent to the following addresses:,,

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To DOE:

DOE Materials Leasing Officer Enriching Operations Division Department of Energy Post Office Box E Oak Ridge, Tennessee 37830 To Contractor:

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ARTCLE XVII - ARBITRATION 1

l 1.

Except as otherwise specifically provided in this contract, all disputes concerning questions of fact which may arise under this contract, and which are not disposed of by mutual agreement, shall be referred to arbitration by a board composed of three arbitrators.

One of such arbitrators shall be appointed by DOE, one shall be appointed by the Contractor, and the third arbitrator shall be selectec by the first two.

In tne event that the first two arbitrators so selected are unable to agree upon a third arbitrator, then each of the parties shall designate another person to act as an aribitrator in lieu of the person previously appointed by such party, which two new arbitrators shall endeavor to agree upon the third arbitrator.

Such procedure shall be repeated until a third arbitrator shall have been selected.

The arbitra-tion proceedings shall be in.accordance with the rules established by the American Arbitration Association for Commercial Arbitration.

The decision of a majority of the arbitrators on the arbitration board shall be final and binding unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supperted by substantial evidence.

Allocation of the costs of arbitration shall be as determined by the board of arbitrators; provided however, that neither party shall be obliged to pay the costs of the other party's arbitrator.

2.

This " Arbitration" article does nrt preclude consideration of law questions in connection with decisions provided for in Paragraph 1. above; provided, that nothing in this Contract shall be construed as making final the decision of the arbitration board on a question of law.

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ARTICLE XVIII - CONFLICTS In the event of any conflict between this Contract and the Supply Agreement, the latter shall govern. '

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IN WITNESS WHEREOF, the parties have executed this Contract as of t.9e day and year first above written.

UNITED STATES OF AMERICA BY:

SECRETARY OF ENERGY BY:

TITLE:

CONCURRED IN:

SOCIALIST REPUBLIC OF RCMINIA INTERNATIONAL ATOMIC ENERGY AGENCY BY:

BY:

TITLE:

TITLE:

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