China's Nuclear Program And The Pakistan Deal
Source: Carnegie Endowment for International
Peace<http://www.carnegieendowment.org/>
Posted on: 2nd May 2010
http://www.thegovmonitor.com/world_news/united_states/chinas-nuclear-program-and-the-pakistan-deal-29556.html


*Contrary to guidelines adopted in 1992 by nuclear equipment supplier states
in the Nuclear Non-Proliferation Treaty (NPT), China is poised to export two
power reactors to Pakistan.*

This transaction is about to happen at a time when China's increasingly
ambitious nuclear energy program is becoming more autonomous.

Guidelines of the Nuclear Suppliers Group (NSG), representing 46 NPT states,
call on parties to the NPT not to supply nuclear equipment to
non-nuclear-weapon states without comprehensive IAEA safeguards, including
Pakistan. China joined the NSG in 2004.

The pending Sino-Pakistan reactor deal reflects the growing confidence and
assertiveness of China's nuclear energy program...

The United States and other NSG states may object to the pending transaction
but they cannot prevent China from exporting the reactors. Senior officials
in NSG states friendly to the United States said this month they expect that
President Barack Obama will not openly criticize the Chinese export because
Washington, in the context of a bilateral security dialogue with Islamabad,
may be sensitive to Pakistan's desire for civilian nuclear cooperation in
the wake of the sweeping U.S.-India nuclear deal which entered into force in
2008 after considerable arm-twisting of NSG states by the United States,
France, and Russia. The United States may also tolerate China's new nuclear
deal with Pakistan because Obama wants China's support for United Nations
Security Council sanctions against Iran this spring.
China's Civilian Nuclear Industry On The March

The pending Sino-Pakistan reactor deal reflects the growing confidence and
assertiveness of China's nuclear energy program as it establishes a track
record of reliability in reactor construction and operation. Chinese nuclear
entities are wary of interference from the International Atomic Energy
Agency (IAEA) in their programs and are keen to establish their freedom of
action vis-à-vis cooperating foreign governments and firms. China within a
few years also wants to become a global nuclear equipment exporter.

*If China succeeds, ten years from now it will likely become the world's
second-biggest nuclear power generator after the United States.*

After years of bilateral disputes over nonproliferation issues, in 1998 the
U.S. Congress allowed a 1985 Sino-U.S. nuclear cooperation agreement to
enter into force. After that, U.S. nuclear cooperation with China
dramatically increased, culminating in China's 2006 selection of a
consortium of companies led by Westinghouse to build four AP1000 power
reactors in China. Westinghouse bested bidders from France and Russia in a
competition set up by China to determine which of the three would provide
the technology blueprint for the future standardized development of China's
nuclear power industry.

China chose Westinghouse after it agreed to transfer to China ownership of
the technology for the new and untried 1,000-MW reactor. China then awarded
contracts to Westinghouse and its partners to build four AP1000s in China.
The first two are scheduled to be finished in 2013. Westinghouse scored
another coup when in 2008 China selected AP1000 for China's first raft of
inland power reactors.

Westinghouse's apparent emergence as primus inter pares among foreign
reactor vendors in China in 2006 was linked to the fortunes of the State
Nuclear Power Technology Co. (Snptc). It was set up by China's State Council
of Ministers to take charge of technology selection and transfer for China's
future nuclear power program, after two decades during which China organized
a handful of "boutique" reactor projects in cooperation with Canada, France,
Japan, and Russia.

*China also does not share NRC's view that a terrorist attack on reactors,
using a hijacked passenger aircraft as a weapon, is a realistic enough
scenario to warrant modifying the design.*

Right now, China operates only eleven reactors representing about 9
gigawatts (GW) of installed generating capacity, but these have established
a record of reliability, and have convinced China's leaders that nuclear
power is safe, efficient, and profitable. Fed by galloping energy demand and
concerns for global warming among Chinese leaders, China's appetite for
nuclear power is now increasing. In 2005 China expected to have 40 GW on
line by 2020. Chinese officials and executives now routinely assert that by
2020 China will have a total installed capacity over 70 GW. If China
succeeds, ten years from now it will likely become the world's
second-biggest nuclear power generator after the United States.

Shortly after China selected Westinghouse to shape its nuclear future, rival
Areva made a separate deal with China to build two of its new EPR reactors
in Guangdong Province in China's southeast, where French nuclear firms have
been engaged since the late 1980s. Unlike Westinghouse, Areva also offered
China a suite of fuel cycle technology options, and French officials hoped
that a mammoth fuel cycle deal would coax China to continue building the
EPR.

In line with plans by China to build more reactors, China promulgated that
it would follow the path of France, Russia, and Japan and embark on
commercial-scale plutonium separation from China's spent fuel, and recycle
of the plutonium as reactor fuel. Areva offered China to help set up a
reprocessing industry in China, modeled on its own experience in France.
More recently, Russia has made a counteroffer to do the same, vowing to
integrate Chinese labs into advanced fuel cycle R&D work now ongoing in
Russian centers.

*China's nuclear power program has become more aggressive, politically
organized, and independent of its foreign partners in the wake of recent
changes in China's decision-making structure.*

China will certainly build more reactors than it anticipated when beginning
in 2003 it organized the competition leading to selection of Westinghouse.
But many or most of these set up this decade will likely not be AP1000s or
EPRs but instead be based on the original French design built in Guangdong
and now dubbed China Pressurized Water Reactor or CPR-1000. To meet China's
higher targets for more nuclear capacity, China is now replicating these
CPRs.

Rumors in Beijing circulated last month that China will therefore go back on
its plan to permit Westinghouse to build all of the first group of inland
power reactors in the country. Chinese officials won't confirm that, but
utility executives--including at China Power Investment Corp. (CPI), a major
AP1000 investor--said that China through 2020 will shift resources away from
more AP1000s and instead toward cookie-cutter construction of the CPR at
many Chinese locations, including at inland sites.

In the meantime, the ambitious construction schedule for the U.S.-designed
reactors in China has come under heavy pressure.

In part out of Chinese concern to keep construction on track, China's
nuclear regulator, the National Nuclear Safety Administration (NNSA), will
not agree to a proposal, favored by the U.S. Nuclear Regulatory Commission
(NRC) and Westinghouse, to modify the design of the containment structure of
the AP1000 to provide improved protection against an air crash. In the
United States, NRC, after a design review prompted by post-9/11 concerns
about terrorist threats, asked Westinghouse to change the design of a shield
building which is part of the containment and to use stronger materials.
Westinghouse then urged China to also follow that advice.

China will not do that, Beijing officials said last month after
consultations with Westinghouse and U.S. regulators. "China will build
Revision 15," the AP1000 design version originally approved for construction
in both the United States and in China, one official said. "It will not
approve Revision 17," which incorporates the changes sought by NRC and
Westinghouse, he said.

Changing the AP1000 design now would require construction in China to be
halted and delayed. China also does not share NRC's view that a terrorist
attack on reactors, using a hijacked passenger aircraft as a weapon, is a
realistic enough scenario to warrant modifying the design.

The Westinghouse project has encountered other challenges which, so far,
have not caused schedule delays. Last year, a key firm which is part of the
technology transfer program, China First Heavy Industries (CFHI), failed to
produce forgings to the required quality standard for the AP1000. Project
executives said CFHI had difficulty handling the demanding steel material
called for in critical components. The schedule was not set back because a
Westinghouse partner in Korea, Doosan, had a stock of prototype forgings it
had made earlier. The AP1000 has also encountered problems in main coolant
pumps, which are of a unique design. Chinese officials said last year that
further deployment of the AP1000 would depend on successful demonstration of
these pumps, which were a critical feature of the passive cooling system
billed as one of the key advantages of this reactor model. According to
diplomats there have also been some Chinese bureaucratic delays for certain
AP1000 project approvals.

*Fed by galloping energy demand and concerns for global warming among
Chinese leaders, China's appetite for nuclear power is now increasing.*

Nearly immediately after partnering with Westinghouse, Snptc demanded the
U.S. firm aggressively localize AP1000 production at a pace Westinghouse
would not agree to, including for safety reasons. Snptc and Westinghouse
then compromised, but utility investors say that the AP1000 program cannot
go fast enough to localize and at the same time supply China's growing
nuclear power needs, and that China has continued to pressure Westinghouse
to accelerate the localization program. Because production of CPRs in China
is already highly localized after about 15 years of Chinese experience,
domestic politics in China favors building more of these reactors.

Snptc also wants Westinghouse to increase the power of the reactor to 1,400
MW and then to 1,700 MW, matching the EPR. According to Snptc last month the
1,400-MW design will be ready for construction by 2013. Many foreign
executives are skeptical that schedule will hold up.

China's nuclear power program has become more aggressive, politically
organized, and independent of its foreign partners in the wake of recent
changes in China's decision-making structure. Those at the top of this
pinnacle are now watching how Snptc delivers in tandem with Westinghouse.

Ten years ago Chinese central planners began looking at uranium as their
chosen future fuel to meet breakneck demand for base load electricity. But
Premier Zhu Rongji, who was skeptical, kept the lid on.

Under Zhu, who was replaced by Wen Jiabao in 2003, the biggest player in
nuclear energy decision making was the China Atomic Energy Authority (CAEA),
which answered to the Committee for Science, Technology, and Industry for
National Defense (Costind), an organization which supervised all
defense-related industry. Under Zhu, Costind and CAEA began losing power,
especially after China in 1998 established the General Armaments Department
(GAD), now one of four departments of the People's Liberation Army (PLA). As
GAD's authority increased, Costind's and CAEA's diminished.

Two years ago, China set up a brand new organization to take command of
China's energy policy, including nuclear policy, the National Energy
Administration (NEA). It is headed by Zhang Guobao, who strongly favors
nuclear power development and who is also Vice-Chairman of China's leading
planning agency, the National Development and Reform Council (NDRC). NEA has
largely supplanted CAEA, and it reports to Li Keqiang, China's First
Vice-Premier, a likely successor to Wen Jiabao.

NEA--which is staffed by about 170 experts, including fewer than 20
responsible for nuclear matters--cooperates with NDRC on setting planning
targets, but NEA decides which reactors will be built, at what sites, and
which state-owned enterprises will get contracts. It, Chinese officials said
last month, will favor construction of more CPRs, and will also support
China's biggest nuclear SOE, the China National Nuclear Corp. (CNNC) with a
total payroll of over 100,000, in exporting more reactors to Pakistan.
Possible Considerations in a China-Pakistan Deal

China has long assisted Pakistan's nuclear energy program. In 1991 CNNC
contracted with the Pakistan Atomic Energy Commission (PAEC) to build
Chashma-1, a 325 MW power reactor. It was finished and began operating in
2000.

In 2004, China joined the NSG. China then explained to the NSG that a
longstanding framework agreement with Pakistan committed China to provide a
second reactor, Chashma-2, more research reactors, plus supply of all the
fuel in perpetuity for these units. Chashma-2 construction began in 2005.

Chashma-2 is scheduled to be finished in 2011. To keep CNNC at work in
Pakistan thereafter, CNNC and PAEC negotiated terms for two 650-MW reactors,
Chashma-3 and -4.

In 2006 Pakistan urged China to approve the new project but China was not
keen to do so. Pakistan diplomats said then China was holding back because
it was not clear that the U.S.-India nuclear cooperation deal would be
approved by both governments and by the NSG.

*Chinese officials said last month that export of the reactors to Pakistan
would be justified in consideration of political developments in South Asia,
including the entry into force of the U.S.-India deal and the NSG exemption
for India.*

After the U.S.-India deal was approved and India's NSG exemption entered
into force without any Chinese objections in 2008, China's policy evolved to
support demands by Pakistan for compensation, but China did not expressly
advocate awarding Pakistan a broad exemption from NSG trade sanctions
matching India's.

NSG country representatives last week said they expect that the Obama
administration will accept a limited amount of additional Chinese nuclear
commerce with Pakistan as a price for getting Chinese support on UN Security
Council sanctions against Iran in weeks ahead. Some suggested that the
United States would also enlist China in this regard to persuade Pakistan to
drop its opposition to negotiation of a Fissile Material Cut-Off Treaty,
which Pakistan has said it could not accept because the U.S.-India deal had
tilted the nuclear balance in South Asia in India's favor.

As long as Pakistan resists outside initiatives which would limit the
autonomy of its strategic nuclear program, and because China is believed to
be hiding behind Pakistan in avoiding making a firm FMCT commitment in light
of China's strategic dilemmas with the United States, it is doubtful whether
China would have effective influence on Pakistani decisions to halt fissile
material production.

Mindful that the NPT's 189 parties will convene a Review Conference on the
status of the treaty in May, European diplomats told Chinese counterparts
last month that the NSG will currently not agree to exempt Pakistan from NSG
sanctions, regardless of Pakistan's demands for such a step during bilateral
security talks with the United States.

Senior NSG diplomats said this month that they expect that soon after China
has completed political and contractual arrangements for the reactor sale to
Pakistan, China will inform the NSG of its planned transaction. The matter
could then be taken up by the NSG as an agenda item or point of business at
a future NSG meeting. So far no NSG meetings are scheduled in 2010 prior to
an annual plenary meeting in New Zealand in late June.

The U.S. State Department, in line with its response to a 1998 reactor
export from Russia to India, continues to hold that a new reactor export by
China to Pakistan would be contrary to both NSG and U.S. policy, but whether
the United States would record an objection at the NSG or encourage other
NSG states to do so would be up to President Obama following interagency
discussions and consultation with foreign governments including Pakistan and
China.

*If the United States were not to register opposition to China's new
exports, that would signal the United States under Obama was prepared to
brush off an important nuclear nonproliferation norm on grounds of political
expediency.*

Chinese officials said last month that export of the reactors to Pakistan
would be justified in consideration of political developments in South Asia,
including the entry into force of the U.S.-India deal and the NSG exemption
for India. Western diplomats said China would not strongly favor an NSG
exemption for Pakistan matching India's because that would not additionally
benefit Chinese industry and because Pakistan, compared to India, is a
limited nuclear power market with far less infrastructure and far fewer
financial resources.

China in 2004 did not claim that more power reactors after Chashma-2 would
be "grandfathered" by the prior Sino-Pakistan nuclear accord, and China has
argued instead that there are compelling political reasons concerning the
stability of South Asia to justify the exports. China will therefore not
justify the transactions on the basis of any confidential commercial
agreements between China and Pakistan, NSG state representatives said.

Should any NSG party object to these Chinese exports, the NSG would have no
recourse to prevent the transaction, because its guidelines are not legally
binding, leaving a decision to abide by the guidelines up to each sovereign
member state.

Notification by China of intent to export reactors to Pakistan will prompt
an internal debate among NSG members over whether to "jointly reconsider
their common safeguards requirements" under paragraph 5 of the NSG
guidelines, because the Sino-Pakistan transaction came to fruition just two
years after the United States, France, and Russia firmly pressured many
supplier states to grant India a broad exception to NSG trade rules.

*A long term remedy could be provided...by making significant changes in the
rules governing the world's nuclear nonproliferation and trade regime.*

In support of the U.S.-India deal, former IAEA Director General Mohamed
ElBaradei in bilateral meetings with NSG states in 2007 and 2008 urged the
NSG to eventually lift NPT sanctions against both Pakistan and Israel.

U.S. diplomats beginning in 2005 held out to Pakistan a distant promise that
it would be exempted from the NSG safeguards requirements, but they weren't
counting on having to make the hard choices faced by the United States
concerning Pakistan and China on many fronts in 2010. Still, if the United
States were not to register opposition to China's new exports, that would
signal the United States under Obama was prepared to brush off an important
nuclear nonproliferation norm on grounds of political expediency. Since NSG
states are awaiting leadership from the United States on how to eventually
respond to China's challenge of the rules, tacit U.S. acquiescence would
seriously damage the NSG's credibility as a rule maker for nuclear trade.

A long term remedy could be provided--as Switzerland in 2008 suggested in
explaining its approval of the NSG exemption for India--by making significant
changes in the rules governing the world's nuclear nonproliferation and
trade regime. But the breach created by the U.S.-India deal, which would be
opened wider by Chinese export of reactors to Pakistan, will not be easily
closed because, as stated by paragraph 16 of the guidelines, "unanimous
consent is required for any changes in the guidelines." In the meantime, as
global nuclear trade surges, NPT suppliers will be encouraged to ignore the
rules.

-- 
Peace Is Doable

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