ML20244C161
| ML20244C161 | |
| Person / Time | |
|---|---|
| Issue date: | 03/15/1983 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-PINV, TASK-SE SECY-83-104, NUDOCS 8304010050 | |
| Download: ML20244C161 (12) | |
Text
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i hh)s March 15,1983 SECY-83-104 POLICY ISSUE l
(Notation Vote)
For:
The Comission From:
William J. Dircks Executive Director for Operations
Subject:
APPROVAL OF A PROPOSED LICENSE TO EXPORT NATURAL URANIUM TO EURATOM COUNTRIES, XM08561
Purpose:
To obtain Commission review of proposed issuance of subject license to Transnuclear Inc.
Discussion:
On December 21,1982,.Transnuclear, Inc. applied for a license to export 1,200,000 kilograms of natural uranium to EURATOM (Appendix A). The material will be used as feed for enrichment in EURATOM and ultimately as fuel in light-water power reactors (LWRs) in EURATOM. The material will not be enriched above 5.0 percent.
The proposed export involves essentially the same material and conditions as license application XUO8559 (SECY-83-82, dated February 25,1983), which is presently under review by the Corrnission. While the applicant and quantity of material are different, all other elements of the application XM08561 (end use, intermediate and ultimate consignees) are the same as set forth in license application XUO8559.
Executive Branch Views _:
In response to NRC's request for views on the proposed export, the Executive Branch, in a letter dated February 25, 1983 (Appendix B), advised that:
CONTACT:
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Elaine 0. Hemby, IP(492-7984) e (Jfo Y SON Olod60 W pp a
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i ThhComm'ssion 2
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l Discussion:-
the requirements of the Atomic Energy Act, as amended 1
(Continued) by the Nuclear Non-Proliferation Act of 1978(NNPA),
j have been met and that the proposed export would not be inimical to the comen defense and security of the United States, the material will be subject to all the tems and conditions l
. of the Additional Agreement for Cooperation between
.j the United States and EURATOM; and j
the members of the EURATOM Community have adhered to the provisions of the U.S.-EURATOM Additional Agreement for Cooperation.
l Previous Executive Branch Analysis The last detailed Executive Branch analysis for EURATOM regarding source material was submitted in SECY-81-355,
dated June 4, 1981 ( XU08427).
In view of Executive Order l
12409 extending the duration of the period specified in the second proviso to Section 126a(2) of the Atomic Energy Act of 1954,.
as amended, to fitrch 10, 1984, that analysis remains valid.
Uhe President signed the new Executive Order on March 7,1983 j
permitting nuclear cooperation with EURATOM for the twelve month period from March 10, 1983 through March 10, 1984.)
{
Since the proposed export of source material involves enrich-l ment, it is subject to Section 402(a) of the NNPA 'of 1978.
With regard to the requirements of that section, the Executive Branch views note - (1) that the procedures for approval under Section 402(a) are identical to those for subsequent arrange-ments, and (2) the Department of Energy, as lead agency for the preparation of subsequent arrangements, has initiated the necessary procedures for approving the enrichment of tnis j
material. Staff has also confimed with the Department of Energy that no other comitments from EURATOM are necessary with regard to enrichment.
j i
The staff has informed DOE, in response to their request dated January 6,1983, that NRC will withhold its final coments i
regarding the subsequent arrangement action required by Section 402(a) until after completion of Comission review of the export license application.
International The staff has identified no safeguards or physical security Safeguards and issues which would preclude issuance of the proposed license.
i Foreign In Appendix C to SECY-83-82, NMSS has provided further details Physical regarding safeguards and physical security matters relevant to Security this case.
i Review:
I u___..______-_a-_-_
L f
i:
The Commission 3
==
Conclusion:==
The proposed export involves essentially the same material.
and conditions es 1) previously considered and approved export license XUO8525 (SECY-81-583, dated October 7, 1981),which was issued on November 3,~ 1981 and 2) export license application XUO8559 (SECY-83-82, dated February 25,1983),which is presently under Comission review.
The staff believes that there is no material change in circumstances concerning exports to EURATOM which affect the Comission's consideration of the licensing of this export.
Accordingly, the staff believes that the proposed license should be issued. This procedure is authorized by 9110.44(a)(2) of Part 110 and is based on section 126(a)(2) of the Atomic: Energy Act of 1954 as amended by the Nuclear Non-Proliferation Act of 1978.
Recommendation:
-That the Comission:
.1. - Authorize the issuance of license XM08561 to Transnuclear, Inc.
2.
Note that the staff will notify DOE that the Comission has euthorized the issuance of license XM08561 and that DOE may therefore complete its subsequent arrangement procedures with respect to the proposed enrichment of this material.
3.
Note that the license will be issued by the staff only after DOE has completed action on the subsequent arrangement procedures.
Scheduling:
The 60-day period for Comission review of this application expires on May 1,1983; the 120-day period expires on July 1,1983.
William J. Dircks Executise Director for Operations Appendices:
A-Application dtd. 12/21/82 B-Exec.-Branch ltr. dtd 2/25/83
l l
i-4 Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Wednesday, March 23, 1983.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Monday, March 21, 1983, with an information copy to the O'fice of the Secretary.
If the paper is of such a natur. that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC OPE OCA OIA OPA EDO ELD SECY i
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Appendix A
FDRMNIC U.S. NUCLEAR REGULATG3Y COMMISSION APPROVED BY GAO
[oNo tio APPLICATION FOR LICENSE TO EXPORT NUCLEAR
"~ ***'""***'
MATERIAL AND EQUIPMENT (see /nstructionson Reverse >
- 9. APPUCANTS le. DATE OF APPt.lCATION
- b. APPLIC ANT'S REFERENCE 2.NRC e, t.* CENSE NO.
D. DOCKET NO.
QMO 9$ (.n l
\\l ce _1 e s '1 USE
- 21. Dec. 82 Misc. -427 USE D. APPLICANT'S NAME AND ADDRESS l RIS
- 4. SUPPLIER'S NAME AND ADDRESS Ris IConnplete if acciocant es not supoloer of materiell g
Transnuclear Trn.
e 3 STp5ET ADDRENS a.NAME One Sr:yiine Place, 5205 Leesburg Pike Various U.S. Suppliers
- 3. CITY STATE ZIP CODE
- 3. T E LEeHON E NUM B E R (Ares cooe - humber - Estension/
- c. CITY STATE ZIP CODE (703) 820-2450
- 3. FIRST SHIPMENT
- 9. US. DEPARTMENT OF ENERGY SCHEDULED SCHEDULED DELIVERY DATE EXPlRATION DATE CONTRACT NO. (11Known/
Five years frtrn date of issuance
- 00. ULTIMATE CONSIGNEE l RSS
. 11. ULTIMATE END USE l
'"#* A *"' *' '*# '#Y "*'"*I I
a.NAME Light Water Power Reactors located within
- c. CITY - STATE - COUNTRY M
5 b
Various Countries 11a. EST.DATE OF FIRST USE l'
~~
- 02. INTERMEDI ATE CONSIGNEE l RSS
- 13. INTERMEDIATE END USE...,
"[Q,..
Z I
- .,J 3.NAME
- 1. RBU, F.R.G.
- 2. FBFC, Belgium
- 3. BNFL,UK
- 4. Fabbricazioni Nu:leari, Italy
$f
- c. CITY - ST ATE - COUNTRY u,
w
- 5. FBFC, France (CERCA) 6. Exxon, Lingen,FRG 13a EST, DATE OF FIRST USE
- 04. INTERMEDIATE CONSIGNEE l Als
- 15. INTERMEDIATE END USE l
3.NAME
- 1. URENCO, FRG,
- 2. URENCO,UK
- b. STREET ADDRESS
- 3. URENCD, Netherlands Enrichmant Purposes
- c. CITY - STATE - COUNTRY
- 4. EURODIF, France 15a. EST. DATE OF FIRST USE 16.
- 17. DESCRIPTION
- 18. MAX. ELEMENT 19. M AX. 20. MAX 21.
NRC (include chemicalend physicof form olnuclear materist;give dottar vatve of WEIGHT WT. %
ISOTOPE WT.
UNIT USE nuclear eovipment ano components)
Source material, to include Natural uranium (in 1,200,000
.711 Kgs the form of uranium ore concentrate or uranium hexafluoride), thorium, and depleted uranium f
'I S2. COUNTRY OF ORIGIN.-
l^
- 23. COUNTRY OF ORIGINrSNM l
- 24. COUNTRIES WHICH ATTACH l
l SOURCE MATERIAL WHERE ENRICHED OR PRODUCED SAF EGU ARDS (/f Known/
l S. ADDITIONAL INFORMATION (U e sepa'are detti/necessary/
see page 2 RS. Thi applicant certifies that this application is prepared in conformity with Title 10. Code of Ferferal Regulations, and that att information in this application is correct to the best of his/her knowledge.
mm-
- s. m m
MNJ NRC-7 U.S. NUCLEAR REGULATORY COMMISSION -
APPT.OVED BY GAO
$[YF.atio sw22stR03s2p APPLICATION FOR LICENSE TO EXPORT NUCLEAR MATERIAL AND EQUIPMENT (seeInstructionson Reversel 9 APPLICANT'S
- a. DATE OF APPLIC ATION D. APPLICANT *$ REFERENCE 2.NRC e, LICENSE NO,
- b. DOCKET NO.
21 Dec. 82 Misc. -427 USE
~
USE D. APPLICANT'S NAME AND ADDRESS l RIS
- 4. SUPPLIER *$ NAME AND ADDRESS lRIS (Complete 11 appiscant is not supplier of motorist)
Page 2 of 2
- 3. CITY -
STATE ZIP CODE
- b. STREET ADDRESS
- 3. TE LEPHON E NUMBE R (Area Coor - Number - Estension/
- c. CITY ETATE ZIP CODE
- 3. FIRST SHIPMENT
- 6. FINAL SHIPMENT 7. APPLICANT'S CONTRACTUAL 8. PROPOSED LICENSE
- 9. U.S. DEPARTMENT OF ENERGY SCHEDULED SCHE DULED DELfVERY DATE EXPlRATION DATE CONTRACT NO. (If Known)
- 00. l>LTIMATE CONSIGNEE l RIS
. 11. ULTIMATC END USE l
(incluor plant or facility name) ygyg see pace 1
- b. STREET ADDRESS
- c. CITY - STATE - COUNTRY tia. EST. DATE OF FIRST USE
- 02. INTERMEDIATE CONSIGNEE l Rt3
- 13. INTERMEDIATE END USE l
- 1.. N AMECcmrhex, France s
j
- b. STREET ADDRESS
- 2. BNFL, UK Conversion PL1rpOSe
- c. CITY - STATE - COUNTRY
- 3. RBU, FIG 13a. EST. DATE OF FIRST USE
- 04. INTERMEDIATE CONSIGNEE l Att
- 15. INTERMEDI ATE END USE l
e.NAME
- 1. Urananlace E11weiler, FRG
- b. STREET ADDRESS (before and after enriChDent)
Storage purposes
- t. CITY - STATE - COUNTRY
- 2. RSB, Wesseling, FRG(before enrichmnt only)
- T5a. EST. DATE OF FIRST USE 4
06.
- 17. DESCRIPTION
- 18. MAX. ELEMENT 19. MAX. 20. MAX 21.
NRC fincluor chemical and physical form of nuclear material;give collar value of nElcHT WT. 9,'
ISOTOPE WT.
UNIT USE nuclear rovioment and components)
~
see page 1 l
L
- 82. COUNTRY OF ORIGIN.-
l
- 23. COUNTRY OF ORIGIN.-SNM l
- 24. COUNTRIES WHICH ATTACH l
SOURCE MATERIAL WHERE ENRICHED OR PRODUCED SAFEGUARDS (// Known)
S. ADDITIONAL INFORMATION (Useseparate sheetif necessary) see page 1
$6. TM rpplicant certifies that this application is prepared in conformsty with Tette 10, Code of Federal Regulations. and that all enf ormation in this QBliG0tiCn is correct to the best of hWher knowledge.
/
- 1 Appendix B 6
United States Department of State
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~(3,;f ITbshingon. D.C.
20520 gg
.v l\\ob3O N BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS February 25,1983 I. 9.
w Mr. James R. Shea Director of International Programs
.I,'
United States Nuclear Regulatory Commission F; :
oj Bethesda, Maryland g.
Dear Mr. Shea:
E This letter is in response to the letter from your office dated December 28, 1982 requesting Executive Branch views as to whether issuance of an export license in accordance with the application hereinafter described meets the applicable criteria of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978:
NRC No. XUO8561 - Application by Transnuclear, Inc. for authorization to export to EURATOM member states 1,200,000 kilograms of. natural uranium in the form of uranium ore concentrate or uranium hexafluoride, thorium and depleted uranium to be used as feed material for enrichment in EURATOM.
The low-enriched uranium produced from the export will be used as fuel for various light-water moderated power reactors in the European Community.
The proposed export of natural uranium would take place pursuant to the Additional Agreement for Cooperation Between the United States and the European Atomic Energy Community (EURATOM) as confirmed in a letter from the Delegation of the Commission of the European Communities, a copy of which is enclosed.-
EURATOM has adhered to the provisions of its Agreement for Cooperation with the United States.
Export of this natural uranium for enrichment is subject to Section 402(a) of the Nuclear Non-Proliferation Act.
Pending conclusion of negotiations to amend the U.S.-EURATOM Additional Agreement for Cooperation, export for enrichment in any of the member states of the European Community may take place pursuant to the present Agreement with the approval of the United States. The procedures for such approval are identical to those for subsequent arrangements as set out in Part E of the Executive Branch Procedures published in the Federal Register on June 9, 1978.
The Department of Energy as the lead agency for preparation of-subsequent arrangements has initiated the necessary actions for approval under Section 402(a).
The Executive Branch has reviewed this application and concluded that
,the requirements of the Atomic Energy Act, as amended, have been met and that the proposed export will not be inimical to the common defense and security of the United States.
A detailed analysis for EURATOM h
"cerr te nunu.cc,_19 83~s m sg_o pp, m v.cv_, Q.5 e~a
- ~
l
' -was submitted November 22,1979 for NRC application XUO8427. In view of Executive Order 12351 extending the duration of the period specified in the
- first proviso to section 126 a(2) of the Atomic Energy Act, as amended, to March 10,1983, that detailed analysis remains valid. There has been no other material change in circumstances since that submission.
On,the basis of the foregoing, the Executive Branch recommends that the license be issued.
Sincerely,.
I s
4 bames B. Devine.
Deputy Assistant Secretary i
Enclosure:
/
Assurance letter
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n n t, E t m Ec 22 e n 5:.
D e b " 21, 1982 DT CMi!!;?07.;
Mr. Neal h re-gg;g;,gjI.I3g 5ppgg Nuclear Regulatory Ctrmissian Office of International Programs
'4340-East West Highsay East West / South 'Ibwer Bldg.
Bethesda, Maryland Re: Dcport License Application TN Ref: MISC-427
Dear Mr. bbore:
Enclosed please find our application for an export license of the following:
1,200,000 Kgs. source material, to include Natural Uraniun, thorium and depleted uranium, enriched to
.711 percent.
Thank you for your time and cooperation.
Sincerely yours, n/
Barb ra A. Hannett Traffic Coordinator Encl: as stated above BAH /ak ONE SKYLINE PLACE
- E20' LEESBURG PIKE
- FALLS CHUFCH. VIRG! tela 220413876 TELEPHO* E. 703-E20 2450 + CAELE. TRANSNUO FSCH
- TELEX. 64453 & TELEX ES 94t3
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DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EURATcM SUPPLY AGENCY Washington D.C.,
January 28, 1983 JM/ck.
' FJ. John A. GRIFFIN Director, Div. of Politico-Military security Affairs US DOE-Forrestal Building, Room 4 B 044 1000 Independence Ave.
S.W.
WASHINGTON D.C.
20585
Subject:
Transnuclear Inc., - application Mis-427 of December 21, 1982, for export of natural uranium to the Community Refer.:
XMO-8561
Dear Mr. Griffin,
We certify that the material mentioned in this application, namely 1,200,000 kg of natural uranium and the transfer of this material will be subject to all-terms and conditions of the Additional Agreement for Cooperation dated July 25, 1960, as amended.
Further, we certify that 1. RBU, FRG.
- 2. FBFC, Belgium 3. BNFL, UK 4. Fabbricazioni Nucleari, Italy
- 5. FSFC, France 6. Exxon, Lingen FRG. 7. URENCO, FRG.
- 8. URENCO, UK 9. URENCO, Netherlands 10. EURODIF, France
- 11. Comurhex, France 12. Urananlage Ellweiler, FRG.
- 13. RSB, Wesseling, FRG. as intermediate consignees are authorized by Euratom to receive and possess this material pursuant to the aforementioned Agreement for Cooperation.
The above mentioned material will be used for the fueling of various Euratom power reactors.
cc.: Mr.'R. De LaBarre' Sincerely
'Departmt. of State Ms. Betty Wright, Qg
[
N.R.C.
J. auw.us Ms. Barbara Hannett Secretary Transnuclear Inc.
.;et r.ar Suc3!y 2100 M Sueet NW Swte 707 WasNngton DC 20037 / te.conome <202) 862-9500 / te es Wasning on WU 89539 (EURCOM WSH)