News

23 September 1997

GCC9: DOD-RUSSIA MINISTRY AGREEMENT: PLUTONIUM PRODUCTION REACTORS

(On modification of Seversk and Zheleznogorsk reactors) (2120) 



(The following agreement was released September 23, 1997 following the
ninth meeting of the U.S.-Russian Joint Commission on Economic and
Technical Cooperation, also known as the Gore-Chernomyrdin Commission)


U.S.-Russian Joint Commission on Economic and Technological
Cooperation


GORE-CHERNOMYRDIN COMMISSION



AGREEMENT BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA AND THE MINISTRY OF THE RUSSIAN FEDERATION FOR ATOMIC ENERGY
CONCERNING THE MODIFICATION OF THE OPERATING SEVERSK (TOMSK REGION)
AND ZHELEZNOGORSK (KRASNOYARSK REGION) PLUTONIUM PRODUCTION REACTORS


The Department of Defense of the United States of America and the
Ministry of the Russian Federation for Atomic Energy, hereinafter
referred to as the Parties,


Taking into account the intent of the Government of the Russian
Federation to decommission three presently operating reactors that
produce Plutonium and that provide heat and electricity to regions
where they are located, and to create alternative sources of heat and
electricity,


Expressing their desire to carry out Article II, paragraph 1 of the
Agreement between the Government of the United States of America and
the Government of the Russian Federation concerning the cooperation
regarding Plutonium production reactors (hereinafter referred to as
the Agreement on Plutonium Production Reactors);


Desiring to facilitate the Russian Plutonium Production Reactor Core
Modification Project, by means of core conversion, the implementation
of which will significantly enhance the safety of those reactors,
hereinafter referred to as Core Conversion,


Have agreed as follows:



ARTICLE I



1. The provisions of Article II of the Agreement on Plutonium
Production Reactors shall be carried out within the framework of this
Agreement.


2. To support the Russian Federation in converting production reactor
cores of the reactors ADE-4, ADE-5 (Seversk) and ADE-2
(Zheleznogorsk), as a result of which the production of non-reactor
grade Plutonium, as defined in Article III of the Agreement on
Plutonium Production Reactors signed on this 23rd day of September,
1997, will be halted by 31 December 2000, the Department of Defense of
the United States of America, hereinafter referred to as the DoD,
shall provide to the Ministry of the Russian Federation for Atomic
Energy, hereinafter referred to as the MinAtom, assistance relating to
the conversion of the cores of those reactors.


3. The MinAtom, and/or its designated organizations, shall use all
assistance provided pursuant to Article IV of this Agreement
exclusively for activities related to the conversion of the cores of
those reactors listed in Article I paragraph 2 of this Agreement.


4. This Agreement and all activities undertaken in accordance with
this Agreement shall be subject to the provisions of the Agreement
Between the United States of America and the Russian Federation
Concerning the Safe and Secure Transportation, Storage, and
Destruction of Weapons and the Prevention of Weapons Proliferation of
June 17, 1992, hereinafter referred to as the Weapons Destruction and
Non-Proliferation Agreement.


5. For assistance provided by the DoD, and/or its designated
organizations, in accordance with this Agreement, the MinAtom shall be
responsible for ensuring the proper use of such assistance and that
such assistance provides for achieving its intended goals.


ARTICLE II



1. For this Agreement, the Executive Agent for the United States shall
be the DoD and the Executive Agent for the Russian Federation shall be
the MinAtom.


2. The Parties shall have the right, consistent with its laws and
regulations, and following written notification to the other Party, to
delegate responsibilities for the implementation of this Agreement to
other agencies, departments, units of its respective government,
and/or non-governmental organizations.


3. The Parties shall have the right, following written notification to
the other Party, to designate representatives for discussing technical
issues related to the equipment, property, materials, personnel,
training, and services provided pursuant to this Agreement. If the
DoD, and/or its designated organizations, provides materials to the
MinAtom, and/or its designated organizations, pursuant to this
Agreement, they shall be delivered to Moscow, unless the Parties agree
otherwise. The DoD, and/or its designated organizations, shall notify
the MinAtom, and/or its designated organizations, of the planned date
of shipment at least seven days in advance of shipment. The MinAtom,
and/or its designated organizations, shall take immediate possession
of the materials upon arrival, examine the materials received pursuant
to this Agreement, and provide confirmation to the DoD, and/or its
designated organizations, within ten days of receipt that it conforms
with the specifications established by the MinAtom. Any materials
failing to conform with these specifications shall be returned to the
United States of America through the Embassy of the United States of
America at Moscow within 30 days of receipt for replacement.


ARTICLE III



The assistance to be provided by the DoD for the purpose of this
Agreement is up to 10 million U.S. dollars. The amount of assistance
may be increased subject to written agreement of the Parties through
the amendment procedures provided for in Article IX, paragraph 1 of
this Agreement.


ARTICLE IV



1. Taking into account consultations with the MinAtom, the DoD and/or
its designated agents, may, at their discretion and based on their
assessment of the requirements submitted by the MinAtom, provide
assistance to the Russian Federation in areas related to converting
the cores of the production reactors listed in Article I, paragraph 2
of this Agreement into cores that do not produce non-reactor grade
Plutonium.


2. The activities for achieving the specified goal may include
operations performed by the DoD and/or its designated organizations,
and by the MinAtom, and/or organizations, such as:


A. Conduct analysis and testing of system designs and design work for
the modification of the reactors listed in Article I, paragraph 2 of
this Agreement, and


B. work to implement approved system designs for the modification of
reactors listed in Article I, paragraph 2 of this Agreement, through
core conversion.


1) Manufacture and installation of technological equipment (fuel
channels, graphite sleeves, seals, valves etc.),


2) Modernization of safety systems,



3) Operations related to the preparation of production capacities for
manufacturing fuel elements and absorber elements of modified
reactors,


4) Overhaul of the spent fuel cooling ponds and renovation of the
storage facilities for unirradiated fuel elements, and


5) Other operations related to the modernization and reconstruction of
equipment according to an agreed upon schedule.


ARTICLE V



1. Assistance under this Agreement shall be provided on a step-by-step
basis and only in accordance with a specific set of detailed
milestones to be agreed in writing by the Parties. These detailed
milestones will be developed for all phases of assistance, to include
the duration and completion of the Core Conversion.


2. In the event that the MinAtom should fail to achieve an agreed
project milestone or the DoD should fail to provide an agreed level of
assistance, including funding, to support an agreed project milestone,
either Party may request consultations to determine how best to
achieve the objectives of this Agreement under those circumstances.
These consultations shall begin within 30 days of such a request. If
after ISO days from the beginning of consultations, the Parties do not
reach agreement, each Party shall have the right to suspend, until
such agreement is achieved, implementation of this Agreement by
sending the other Party appropriate written notification. The
consultations specified in this paragraph shall continue until
agreement or, if this is not possible, until the termination of this
Agreement, using the procedures provided for in Article IX of this
Agreement.


ARTICLE VI



Any disagreements between the Parties regarding this Agreement and
arising during its implementation, shall be resolved by the Executive
Agents.


ARTICLE VII



1. Upon at least 30 days advance notice and no more than three times
in each calendar year, representatives of the DoD shall have the right
to audit and examine the use of any assistance provided for the
purpose of this Agreement and shall have the right to audit and
examine any and all related records or documentation, both during the
period of this Agreement and for three years thereafter.


2. The Parties shall develop appropriate arrangements in support of
the conducting of audits and exams. The right to conduct the audits
and exams referenced in paragraph 1 of this Article shall not be
contingent upon the development of these arrangements. In case of any
inconsistencies between this Agreement and any such arrangements, the
provisions of this Agreement shall prevail.


ARTICLE VIII



Access to information transmitted in accordance with this Agreement,
the handling of and protection of such information, and allocation of
rights to intellectual property, shall be subject to the same terms
and conditions applicable to the handling of information under Article
VI of the Agreement on Plutonium Production Reactors, signed on this
23rd day of September, 1997.


ARTICLE IX



1. This Agreement shall enter into force upon signature and shall
remain in force for 4 years, or for the duration of the Weapons
Destruction and Non-Proliferation Agreement, whichever terminates
earlier. The Agreement may be amended or extended by the written
agreement of the Parties and may be terminated by either Party upon
one year's written notification to the other Party of its intention to
do so.


2. In the event this Agreement terminates, the Parties shall handle
all previously provided sensitive information in accordance with
Article VIII of this Agreement unless otherwise agreed by the Parties,
and all previously provided assistance will continue to be used in
accordance with Article I, paragraph 3 of this Agreement.


Done at Moscow, in duplicate, this twenty-third day of September,
1997, in the English and Russian languages, both texts being equally
authentic.


FOR THE DEPARTMENT OF DEFENSE FOR THE UNITED STATES OF AMERICA:



FOR THE MINISTRY OF THE RUSSIAN FEDERATION FOR ATOMIC ENERGY:



Side Letter to the Agreement between the Department of Defense of the
United States of America and the Ministry of the Russian Federation
for Atomic Energy Concerning the Modification of the Operating Seversk
(Tomsk Region) and Zheleznogorsk (Krasnoyarsk Region) Plutonium
Production Reactors


The U.S. Department of Defense and the Ministry of the Russian
Federation for Atomic Energy agree that, since the design activities
for the reactor modification have not yet been concluded, the total
cost of activities for reactor modification may differ from the
preliminary estimate. If the result of these activities demonstrate
that the preliminary estimate is inaccurate, the U.S. Department of
Defense and the Ministry of the Russian Federation for Atomic Energy
will discuss modifying the amount of the preliminary estimate as
appropriate, taking into consideration that in the course of
implementing the Russian Plutonium Production Reactor Core
Modification Project, additional adjustments to the preliminary
estimate may be necessary.


The total cost of the Project is tentatively determined by the U.S.
and Russian experts to be about US$150 million. The scope of work
includes both the activities on core modification proper and the
activities related to the creation of enhanced safety systems
including development of emergency core cooling systems (ECCS) as well
as the improvement of control and protection systems (CPS). These
funds also cover the activities on "alternative" fuel manufacturing
line modification and on the initial load with new fuel in the cores
of the modified reactors.


In Fiscal Year 1997, the U.S. Congress authorized and appropriated up
to US$10 million for the implementation of the Project.


The U.S. Department of Defense intends to provide up to an additional
US$70 million as those funds are appropriated by the U.S. Congress and
are made available consistent with amendments to the Agreement between
the Department of Defense of the United States of America and the
Ministry of the Russian Federation for Atomic Energy Concerning the
Modification of the Operating Seversk (Tomsk Region) and Zheleznogorsk
(Krasnoyarsk Region) Plutonium Production Reactors. That estimate of
up to US$70 million may be revised based on refined estimates and the
recommendations of the U.S. and Russian experts currently working on
the reactor modification design activities.


The U.S. Department of Defense and the Ministry of the Russian
Federation for Atomic Energy intend to take all appropriate steps to
provide the complete amount of assistance, including financing as
appropriate, required for the implementation of the whole complex of
work on the modification of the Plutonium production reactors in order
to achieve the objectives of the Agreement between the Department of
Defense of the United States of America and the Ministry of the
Russian Federation for Atomic Energy Concerning the Modification of
the Operating Seversk (Tomsk Region) and Zheleznogorsk (Krasnoyarsk
Region) Plutonium Production Reactors.


FOR THE UNITED STATES DEPARTMENT OF DEFENSE:



FOR THE MINISTRY OF THE RUSSIAN FEDERATION FOR ATOMIC ENERGY:



Moscow, September 23, 1997.