NNSA’s Federal Register

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September 7, 2016Dr. Ernest MonizSecretary of EnergyU.S. Department of Energy1000 Independence Ave., SWWashington, DC 20585The.Secretary@hq.doe.govOffice of the SecretaryU.S. Nuclear Regulatory CommissionWashington, DC 20555-0001Attention: Rulemaking and govDear Secretaries,We write to express deep concern about NNSA’s application to the NRC (XSNM 3776) –published in the Federal Register of August 15, 2016 – to export 7.2 kilograms of 93.20% enriched,weapons-grade, highly enriched uranium (HEU) metal to France, to be fabricated into targets to beirradiated in reactors in the Netherlands and elsewhere and then processed to produce medical isotopesat the Institute for Radioelements (IRE) in Belgium.The proposed export violates the commitment by the United States and the three othercountries at the 2012 Nuclear Security Summit in Seoul, South Korea, which stated: “Belgium, theNetherlands, and France, in cooperation with the United States, reaffirm their determination to supportconversion of European production industries to non-HEU-based processes by 2015, subject toregulatory approvals.” 1 The agreement’s explicit goal was that “the use of HEU will be completelyeliminated for medical isotopes that are produced in Belgium, France, and The Netherlands and used inthose countries and in the United States.”The proposed export would violate this multilateral nonproliferation commitment byperpetuating full-scale use of HEU targets by IRE beyond 2017, more than two years after the agreementdeclared it would end. Indeed, the amount of HEU in the proposed export is similar to previous annualexports for IRE, and the application submitted by NNSA on July 14, 2016 states that its intention is “tomeet one year isotope production demand.” This suggests that IRE intends no substantial conversionfrom HEU targets to low-enriched uranium (LEU) targets by the end of 2017, contrary to Belgium’spledge to achieve such conversion by 2015.The failure of all four countries to fulfill their 2012 commitment raises several risks. First, itprolongs the use of weapons-grade uranium at civilian facilities in Europe that cannot be protected likemilitary facilities. Second, it weakens the broader norm of HEU minimization, which is essential topreventing nuclear proliferation and nuclear terrorism. Third, it undermines the credibility of all thecommitments made by dozens of countries at the four nuclear security summits from 2010 to 2016. Ifthe United States, the originator and leader of the summits, can violate its own commitment, whyshould other countries feel bound by theirs?We recognize the value of medical isotopes and we appreciate that a regulatory process isrequired to bring to market isotopes produced with processes that avoid HEU – as has already been1“Belgium-France-Netherlands-United States Joint Statement: Minimization of HEU and the Reliable Supply ofMedical Radioisotopes,” The White House, Office of the Press Secretary, March 26, -jointstatement-minimization-he.

accomplished by companies in Argentina, Australia, and South Africa. The 2012 agreementacknowledged that conversion from HEU targets would be “subject to regulatory approvals.” To date,however, neither U.S. nor Belgian officials have provided any evidence that IRE’s failure to convert fromHEU to LEU is due to delays in obtaining such regulatory approvals. This proviso must not be misused asan excuse for foot-dragging on conversion.Four decades of U.S. leadership of the RERTR Program demonstrate that the most effective wayto expedite foreign conversion to LEU is to constrain HEU exports. NNSA’s license application insteadproposes to continue business as usual on HEU exports, which likely would delay conversion to LEU.We urge you to reduce the amount of HEU in the proposed export license – to send a clearmessage that the United States intends t

1 “Belgium-France-Netherlands-United States Joint Statement: Minimization of HEU and the . message that the United States intends to fulfill the spirit of its 2012 pledge by phasing out HEU exports . Fissile Materials Working Group Steering Committee Former U.S. Deputy Assistant Secre

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