[Title] PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING CIVIL USES OF ATOMIC ENERGY

PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING CIVIL USES OF ATOMIC ENERGY

THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,

DESIRING TO AMEND THE AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING CIVIL USES OF ATOMIC ENERGY, SIGNED AT WASHINGTON ON FEBRUARY 26, 1968, OF WHICH THE QUANTITY LIMITATION REFERRED TO IN PARAGRAPH A OF ARTICLE IX WAS INCREASED BY THE NOTES EXCHANGED ON FEBRUARY 24, 1972, (HEREINAFTER REFERRED TO AS THE "AGREEMENT FOR COOPERATION"),

AGREE AS FOLLOWS:

ARTICLE I

ARTICLE VII OF THE AGREEMENT FOR COOPERATION SHALL BE DELETED AND REPLACED BY THE FOLLOWING:

"ARTICLE VII

"A. (1) SUBJECT TO THE AVAILABILITY OF CAPACITY IN UNITED STATES COMMISSION FACILITIES FOR URANIUM ENRICHMENT AND WITHIN THE QUANTITY AUTHORIZED IN ARTICLE IX FOR TRANSFER, CONTRACTS WITH THE GOVERNMENT OF JAPAN OR WITH AUTHORIZED PERSONS UNDER ITS JURISDICTION MAY BE EXECUTED BY THE UNITED STATES COMMISSION AS HEREIN SET FORTH FOR THE PRODUCTION OR ENRICHMENT OF URANIUM ENRICHED IN THE ISOTOPE U-235 FOR USE AS FUEL IN POWER APPLICATIONS UNDERTAKEN WITHIN JAPAN. IT IS UNDERSTOOD BY THE PARTIES THAT, AT SUCH TIMES AS THE GOVERNMENT OF JAPAN OR SUCH AUTHORIZED PERSONS HAVE REQUIREMENTS FOR SUCH SERVICES AND ARE PREPARED TO EXECUTE FIRM CONTRACTS WHICH SET FORTH QUANTITIES, ENRICHMENTS, DELIVERY SCHEDULES AND OTHER TERMS AND CONDITIONS OF SUPPLY OF SUCH SERVICES, THE GOVERNMENT OF JAPAN OR SUCH AUTHORIZED PERSONS WILL HAVE ACCESS ON AN EQUITABLE BASIS WITH OTHER PURCHASERS OF SUCH SERVICES TO URANIUM ENRICHMENT CAPACITY THEN AVAILABLE IN UNITED STATES COMMISSION FACILITIES AND NOT ALREADY ALLOCATED. CONTRACTS FOR SUPPLY OF SUCH SERVICES WILL BE NEGOTIATED AND EXECUTED ON A TIMELY BASIS.

(2) ADDITIONALLY, IF THE GOVERNMENT OF JAPAN OR AUTHORIZED PERSONS UNDER ITS JURISDICTION SO REQUEST, THE UNITED STATES COMMISSION MAY, AT ITS OPTION AND UNDER SUCH TERMS AND CONDITIONS AS MAY BE AGREED, SELL URANIUM ENRICHED IN THE ISOTOPE U-235 IN SUCH AMOUNTS AS ARE WITHIN THE QUANTITY AUTHORIZED IN ARTICLE IX FOR TRANSFER FOR USE AS FUEL IN POWER APPLICATIONS UNDERTAKEN WITHIN JAPAN.

"B. UNDER SUCH TERMS AND CONDITIONS AS MAY BE AGREED, THE UNITED STATES COMMISSION WILL TRANSFER (INCLUDING, INTER ALIA, SUPPLYING THROUGH ENRICHMENT SERVICES CONTRACTS) TO THE GOVERNMENT OF JAPAN OR AUTHORIZED PERSONS UNDER ITS JURISDICTION URANIUM ENRICHED IN THE ISOTOPE U-235 FOR USE AS FUEL IN DEFINED RESEARCH APPLICATIONS, INCLUDING RESEARCH, MATERIALS TESTING, AND EXPERIMENTAL REACTORS AND REACTOR EXPERIMENTS.

"C. SPECIAL NUCLEAR MATERIAL MAY ALSO BE TRANSFERRED (INCLUDING, INTER ALIA, SUPPLYING THROUGH ENRICHMENT SERVICES CONTRACTS) TO EITHER PARTY OR TO PERSONS AUTHORIZED BY IT TO RECEIVE SUCH MATERIAL, UNDER SUCH TERMS AND CONDITIONS AS MAY BE AGREED, FOR THE PERFORMANCE WITHIN THE TERRITORY OF THE RECEIVING COUNTRY OF CONVERSION OR FABRICATION SERVICES, OR BOTH, AND FOR SUBSEQUENT RETURN TO THE TERRITORY OF THE COUNTRY FROM WHICH IT WAS TRANSFERRED, OR FOR SUBSEQUENT TRANSFER TO ANOTHER NATION OR INTERNATIONAL ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT.

"D. AS MAY BE AGREED AND SUBJECT TO THE PROVISIONS OF ARTICLE IX, PARAGRAPH B, THE UNITED STATES COMMISSION MAY TRANSFER TO THE GOVERNMENT OF JAPAN OR TO AUTHORIZED PERSONS UNDER ITS JURISDICTION SPECIAL NUCLEAR MATERIAL OTHER THAN URANIUM ENRICHED IN THE ISOTOPE U-235 FOR USE AS FUEL IN REACTORS AND REACTOR EXPERIMENTS. THE TERMS AND CONDITIONS OF EACH TRANSFER SHALL BE AGREED UPON IN ADVANCE."

ARTICLE II

ARTICLE VIII OF THE AGREEMENT FOR COOPERATION SHALL BE DELETED AND REPLACED BY THE FOLLOWING:

"ARTICLE VIII

"A. THE URANIUM ENRICHED IN THE ISOTOPE U-235 SUPPLIED UNDER THIS AGREEMENT MAY CONTAIN UP TO TWENTY PERCENT (20%) IN THE ISOTOPE U-235. A PORTION OF THE URANIUM ENRICHED IN THE ISOTOPE U-235 SO SUPPLIED MAY BE MADE AVAILABLE AS MATERIAL CONTAINING MORE THAN TWENTY PERCENT (20%) IN THE ISOTOPE U-235 WHEN THE UNITED STATES COMMISSION FINDS THERE IS A TECHNICAL OR ECONOMIC JUSTIFICATION FOR SUCH A TRANSFER.

"B. SUBJECT TO THE PROVISIONS OF ARTICLE IX, THE QUANTITY OF URANIUM ENRICHED IN THE ISOTOPE U-235 TRANSFERRED UNDER ARTICLE VI, PARAGRAPH B OR ARTICLE VII TO THE GOVERNMENT OF JAPAN OR TO AUTHORIZED PERSONS UNDER ITS JURISDICTION MAY INCLUDE SUCH AMOUNTS AS ARE MUTUALLY AGREED TO BE NECESSARY FOR THE ACCOMPLISHMENT OF THE PURPOSES AUTHORIZED IN THIS AGREEMENT, INCLUDING THE FUELING OF REACTORS OR REACTOR EXPERIMENTS IN JAPAN AND THEIR EFFICIENT AND CONTINUOUS OPERATION.

"C. WHEN ANY SPECIAL NUCLEAR MATERIAL RECEIVED FROM THE UNITED STATES OF AMERICA REQUIRES REPROCESSING, OR ANY IRRADIATED FUEL ELEMENTS CONTAINING FUEL MATERIAL RECEIVED FROM THE UNITED STATES OF AMERICA ARE TO BE REMOVED FROM A REACTOR AND ARE TO BE ALTERED IN FORM OR CONTENT, SUCH REPROCESSING OR ALTERATION MAY BE PERFORMED IN JAPANESE FACILITIES UPON A JOINT DETERMINATION OF THE PARTIES THAT THE PROVISIONS OF ARTICLE XI MAY BE EFFECTIVELY APPLIED, OR IN SUCH OTHER FACILITIES AS MAY BE MUTUALLY AGREED.

"D. SPECIAL NUCLEAR MATERIAL PRODUCED AS A RESULT OF IRRADIATION PROCESSES IN ANY PART OF THE FUEL LEASED BY THE UNITED STATES COMMISSION UNDER THIS AGREEMENT OR THE SUPERSEDED AGREEMENT SHALL BE FOR THE ACCOUNT OF THE LESSEE AND, AFTER REPROCESSING AS PROVIDED IN PARAGRAPH C OF THIS ARTICLE, TITLE TO SUCH PRODUCED MATERIAL SHALL BE IN THE LESSEE UNLESS THE UNITED STATES COMMISSION AND THE LESSEE OTHERWISE AGREE.

"E. SPECIAL NUCLEAR MATERIAL PRODUCED THROUGH THE USE OF MATERIAL TRANSFERRED TO THE GOVERNMENT OF JAPAN OR TO AUTHORIZED PERSONS UNDER ITS JURISDICTION PURSUANT TO THIS AGREEMENT OR THE SUPERSEDED AGREEMENT MAY BE TRANSFERRED TO ANY OTHER NATION OR INTERNATIONAL ORGANIZATION, PROVIDED THAT SUCH NATION OR INTERNATIONAL ORGANIZATION HAS AN APPROPRIATE AGREEMENT FOR COOPERATION WITH THE GOVERNMENT OF THE UNITED STATES OF AMERICA OR GUARANTEES THE USE OF SUCH SPECIAL NUCLEAR MATERIAL FOR PEACEFUL PURPOSES UNDER SAFEGUARDS ACCEPTABLE TO THE PARTIES.

"F. WITH RESPECT TO ANY SPECIAL NUCLEAR MATERIAL OR FUEL ELEMENTS WHICH THE UNITED STATES COMMISSION MAY LEASE PURSUANT TO THIS AGREEMENT, OR MAY HAVE LEASED PURSUANT TO THE SUPERSEDED AGREEMENT, TO THE GOVERNMENT OF JAPAN, THE GOVERNMENT OF JAPAN SHALL INDEMNIFY AND SAVE HARMLESS THE GOVERNMENT OF THE UNITED STATES OF AMERICA AGAINST ANY AND ALL LIABILITY (INCLUDING THIRD PARTY LIABILITY) FOR ANY CAUSE WHATSOEVER ARISING OUT OF THE PRODUCTION OR FABRICATION, THE OWNERSHIP, THE LEASE, AND THE POSSESSION AND USE OF SUCH SPECIAL NUCLEAR MATERIAL OR FUEL ELEMENTS AFTER DELIVERY BY THE UNITED STATES COMMISSION TO THE GOVERNMENT OF JAPAN OR TO ANY PERSON ACTING ON ITS BEHALF."

ARTICLE III

ARTICLE IX OF THE AGREEMENT FOR COOPERATION SHALL BE DELETED AND REPLACED BY THE FOLLOWING:

"ARTICLE IX

"A. THE SEPARATIVE WORK REQUIRED TO PRODUCE THE URANIUM ENRICHED IN THE ISOTOPE U-235 TRANSFERRED UNDER THIS AGREEMENT OR THE SUPERSEDED AGREEMENT FROM THE UNITED STATES OF AMERICA TO JAPAN FOR POWER APPLICATIONS UNDERTAKEN WITHIN JAPAN SHALL NOT EXCEED THAT NECESSARY TO SUPPORT THE FUEL CYCLES OF REACTORS HAVING A TOTAL INSTALLED CAPACITY OF SIXTY THOUSAND (60,000) MEGAWATTS (ELECTRIC) OR SUCH CAPACITY AS MAY BE AGREED BETWEEN THE PARTIES IN ACCORDANCE WITH THEIR STATUTORY AND CONSTITUTIONAL PROCEDURES.

"B. THE QUANTITY OF PLUTONIUM WHICH MAY BE TRANSFERRED BY THE UNITED STATES COMMISSION UNDER THIS AGREEMENT OR MAY HAVE BEEN TRANSFERRED UNDER THE SUPERSEDED AGREEMENT SHALL NOT EXCEED A NET AMOUNT OF THREE HUNDRED AND SIXTY-FIVE (365) KILOGRAMS. THE NET AMOUNT OF PLUTONIUM SHALL BE THE GROSS QUANTITY TRANSFERRED TO THE GOVERNMENT OF JAPAN OR TO AUTHORIZED PERSONS UNDER ITS JURISDICTION LESS THE QUANTITY WHICH HAS BEEN RETURNED TO THE UNITED STATES OF AMERICA OR TRANSFERRED TO ANY OTHER NATION OR INTERNATIONAL ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT."

ARTICLE IV

THE INTRODUCTORY CLAUSE OF PARAGRAPH B OF ARTICLE XI OF THE AGREEMENT FOR COOPERATION SHALL BE DELETED AND REPLACED BY THE FOLLOWING:

"IN THE EVENT THAT INTERNATIONAL ATOMIC ENERGY AGENCY SAFEGUARDS ACCEPTABLE TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA ARE NOT APPLIED AS PROVIDED IN ARTICLE XII, THE GOVERNMENT OF THE UNITED STATES OF AMERICA, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, SHALL HAVE THE FOLLOWING SAFEGUARDS RIGHTS:".

ARTICLE V

ARTICLE XII OF THE AGREEMENT FOR COOPERATION SHALL BE DELETED AND REPLACED BY THE FOLLOWING:

"ARTICLE XII

"A. THE PARTIES NOTE THAT BY A TRILATERAL AGREEMENT SIGNED BY THEM AND THE INTERNATIONAL ATOMIC ENERGY AGENCY ON JULY 10, 1968, THE AGENCY HAS BEEN APPLYING SAFEGUARDS CONSISTENT WITH THE PROVISIONS OF ARTICLE XI OF THIS AGREEMENT TO MATERIALS, EQUIPMENT AND FACILITIES UNDER THE JURISDICTION OF THE GOVERNMENT OF JAPAN SUBJECT TO SAFEGUARDS UNDER THE SUPERSEDED AGREEMENT OR THIS AGREEMENT. THE PARTIES, RECOGNIZING THE DESIRABILITY OF CONTINUING TO MAKE USE OF THE FACILITIES AND SERVICES OF THE AGENCY, AGREE THAT AGENCY SAFEGUARDS SHALL CONTINUE TO APPLY TO MATERIALS, EQUIPMENT AND FACILITIES SUBJECT TO SAFEGUARDS UNDER THE SUPERSEDED AGREEMENT OR THIS AGREEMENT, PURSUANT EITHER TO THE ABOVE-MENTIONED TRILATERAL AGREEMENT AMONG THE PARTIES AND THE AGENCY AS IT MAY BE AMENDED FROM TIME TO TIME OR TO A NEW TRILATERAL AGREEMENT SUPPLANTING IT.

"B. IF ONE OF THE PARTIES CONCLUDES WITH THE AGENCY THE AGREEMENT CONTEMPLATED IN ARTICLE III, PARAGRAPH 4 OF THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS, OR ANY SIMILAR AGREEMENT, ACCEPTABLE TO THE OTHER PARTY FOR THE PURPOSES OF SUSPENSION HEREINAFTER DESCRIBED, SUCH AN AGREEMENT, AS LONG AS IT REMAINS IN FORCE, WILL SUSPEND THE APPLICATION OF THE SAFEGUARDS PROVIDED FOR BY THE TRILATERAL AGREEMENT REFERRED TO IN PARAGRAPH A OF THIS ARTICLE WITH RESPECT TO THE PARTY WHICH CONCLUDES THE AGREEMENT.

"C. IN THE EVENT THE APPLICABLE SAFEGUARDS AGREEMENT REFERRED TO IN THIS ARTICLE SHOULD BE TERMINATED PRIOR TO THE EXPIRATION OF THIS AGREEMENT AND THE PARTIES SHOULD FAIL TO AGREE PROMPTLY UPON RESUMPTION OF AGENCY SAFEGUARDS, EITHER PARTY MAY, BY NOTIFICATION, TERMINATE THIS AGREEMENT. BEFORE EITHER PARTY TAKES STEPS TO TERMINATE THIS AGREEMENT, THE PARTIES WILL CAREFULLY CONSIDER THE ECONOMIC EFFECTS OF SUCH TERMINATION. NEITHER PARTY WILL INVOKE ITS TERMINATION RIGHTS UNTIL THE OTHER PARTY HAS BEEN GIVEN SUFFICIENT ADVANCE NOTICE TO PERMIT ARRANGEMENTS BY THE GOVERNMENT OF JAPAN, IF IT IS THE OTHER PARTY, FOR AN ALTERNATIVE SOURCE OF POWER AND TO PERMIT ADJUSTMENT BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA, IF IT IS THE OTHER PARTY, OF PRODUCTION SCHEDULES. IN THE EVENT OF TERMINATION BY EITHER PARTY, THE GOVERNMENT OF THE UNITED STATES OF AMERICA MAY REQUIRE THE GOVERNMENT OF JAPAN TO EFFECT THE RETURN OF ALL SPECIAL NUCLEAR MATERIAL SUPPLIED PURSUANT TO THIS AGREEMENT OR THE SUPERSEDED AGREEMENT AND STILL IN JAPAN, PROVIDED THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA WILL COMPENSATE THE PERSONS, INCLUDING THE GOVERNMENT OF JAPAN, RETURNING SUCH MATERIAL FOR THEIR INTEREST IN SUCH MATERIAL SO RETURNED AT THE UNITED STATES COMMISSION'S SCHEDULE OF PRICES THEN IN EFFECT IN THE UNITED STATES OF AMERICA."

ARTICLE VI

PARAGRAPH B OF ARTICLE XIV OF THE AGREEMENT FOR COOPERATION IS AMENDED BY DELETING "THIRTY (30)" AND SUBSTITUTING IN LIEU THEREOF "THIRTY-FIVE (35)".

ARTICLE VII

THIS PROTOCOL SHALL ENTER INTO FORCE ON THE DATE ON WHICH EACH GOVERNMENT SHALL HAVE RECEIVED FROM THE OTHER GOVERNMENT WRITTEN NOTIFICATION THAT IT HAS COMPLIED WITH ALL STATUTORY AND CONSTITUTIONAL REQUIREMENTS FOR THE ENTRY INTO FORCE OF SUCH PROTOCOL AND SHALL REMAIN IN FORCE FOR THE PERIOD OF THE AGREEMENT FOR COOPERATION.

IN WITNESS WHEREOF, THE UNDERSIGNED, DULY AUTHORIZED, HAVE SIGNED THIS PROTOCOL.

DONE AT WASHINGTON, IN DUPLICATE, IN THE JAPANESE AND ENGLISH LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC, THIS TWENTY-EIGHTH DAY OF MARCH, 1973.

FOR THE GOVERNMENT OF JAPAN:

NOBUHIKO USHIBA

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

MARSHALL GREEN

DIXY LEE RAY

(U.S. NOTE)

EXCELLENCY, I HAVE THE HONOR TO REFER TO THE PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF JAPAN CONCERNING CIVIL USES OF ATOMIC ENERGY WHICH WAS SIGNED TODAY AND TO CONFIRM THE FOLLOWING UNDERSTANDINGS WHICH HAVE BEEN REACHED DURING THE NEGOTIATIONS LEADING TO THE CONCLUSION OF THE PROTOCOL:

1. NOTWITHSTANDING THE PROVISIONS OF ARTICLE VII, PARAGRAPH A OF THE AGREEMENT FOR COOPERATION AS AMENDED BY THE PROTOCOL, THE GOVERNMENT OF THE UNITED STATES OF AMERICA WILL MAINTAIN THE ALLOCATION OF URANIUM ENRICHED IN THE ISOTOPE U-235 PURSUANT TO THE AGREEMENT FOR COOPERATION PRIOR TO AMENDMENT BY THE PROTOCOL FOR THE FUELING OF THE POWER REACTOR PROGRAM SPECIFIED IN THE APPENDIX TO THIS NOTE.

2. WITH RESPECT TO ANY CONTRACT EXECUTED BETWEEN THE UNITED STATES COMMISSION AND THE GOVERNMENT OF JAPAN OR AUTHORIZED PERSONS UNDER ITS JURISDICTION PRIOR TO THE ENTRY INTO FORCE OF THE PROTOCOL AND FOR THE TERM OF EACH SUCH CONTRACT AT THE DATE OF ENTRY INTO FORCE OF THE PROTOCOL, PRICES FOR URANIUM ENRICHED IN THE ISOTOPE U-235 OR CHARGES FOR ENRICHMENT SERVICES APPLICABLE TO THE GOVERNMENT OF JAPAN OR TO AUTHORIZED PERSONS UNDER ITS JURISDICTION WILL BE THOSE IN EFFECT FOR USERS IN THE UNITED STATES OF AMERICA AT THE TIME OF DELIVERY.

IF THE GOVERNMENT OF JAPAN CONCURS, I SUGGEST THAT THIS NOTE AND YOUR EXCELLENCY'S REPLY TO THAT EFFECT BE REGARDED AS PLACING THOSE UNDERSTANDINGS ON RECORD.

ACCEPT, EXCELLENCY, THE RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION.

WASHINGTON, MARCH 28, 1973

FOR THE SECRETARY OF STATE:

(SIGNED) MARSHALL GREEN

HIS EXCELLENCY NOBUHIKO USHIBA, AMBASSADOR OF JAPAN.

APPENDIX

JAPAN'S ENRICHED URANIUM POWER REACTOR PROGRAM

CLASSIFICATION REACTORS START OF CONSTRUCTION TOTAL KGS. OF U-235 REQUIRED

CONSTRUCTION COMPLETED

1.TSURUGA, 357 MWE (JAPAN ATOMIC POWER CO.) 1966 7,300

2.FUKUSHIMA NO. 1, 460 MWE (TOKYO ELECTRIC POWER CO.) 1966 8,700

3.MIHAMA NO. 1, 340 MWE (KANSAI ELECTRIC POWER CO.) 1966 7,400

4.MIHAMA NO. 2, 500 MWE (KANSAI ELECTRIC POWER CO.) 1968 10,172

UNDER CONSTRUCTION

5.FUKUSHIMA NO. 2, 784 MWE (TOKYO ELECTRIC POWER CO.) 1968 13,780

6.TAKAHAMA NO. 1, 826 MWE (KANSAI ELECTRIC POWER CO.) 1969 16,073

7.SHIMANE NO. 1, 460 MWE (CHUGOKU ELECTRIC POWER CO.) 1969 8,477

8.FUKUSHIMA NO. 3, 784 MWE (TOKYO ELECTRIC POWER CO.) 1970 13,800

9.HAMAOKA NO. 1, 540 MWE (CHUBU ELECTRIC POWER CO.) 1970 9,500

10.GENKAI NO. 1, 559 MWE (KYUSHU ELECTRIC POWER CO.) 1970 10,000

11.TAKAHAMA NO. 2, 826 MWE (KANSAI ELECTRIC POWER CO.) 1970 14,700

12.ONAGAWA NO. 1, 524 MWE (TOHOKU ELECTRIC POWER CO.) 1971 8,900

13.FUKUSHIMA NO. 5, 784 MWE (TOKYO ELECTRIC POWER CO.) 1971 14,000

14.FUKUSHIMA NO. 4, 784 MWE (TOKYO ELECTRIC POWER CO.) 1972 13,500

15.OHI NO. 1, 1,175 MWE (KANSAI ELECTRIC POWER CO.) 1972 19,250

16.MIHAMA NO. 3, 826 MWE (KANSAI ELECTRIC POWER CO.) 1972 14,450

17.IKATA NO. 1, 566 MWE (SHIKOKU ELECTRIC POWER CO.) 1972 9,650

18.FUKUSHIMA NO. 6, 1,100 MWE (TOKYO ELECTRIC POWER CO.) 1972 17,500

19.OHI NO. 2, 1,175 MWE (KANSAI ELECTRIC POWER CO.) 1972 17,700

20.TOKAI NO. 2, 1,100 MWE (JAPAN ATOMIC POWER CO.) 1972 17,500

UNDER PLANNING

21.HAMAOKA NO. 2, 840 MWE (CHUBU ELECTRIC POWER CO.) 1973 14,500

22.FUKUSHIMA II NO. 1, 1,100 MWE (TOKYO ELECTRIC POWER CO.) 1973 17,500

23.TOKYO NO. 8, 1,100 MWE (TOKYO ELECTRIC POWER CO.) 1973 13,500

24.HOKURIKU NO. 1, 550 MWE (HOKURIKU ELECTRIC POWER CO.) 1973 7,300

25.KYUSHU NO. 2, 559 MWE (KYUSHU ELECTRIC POWER CO.) 1973 9,100

26.CHUBU NO. 3, 1,100 MWE (CHUBU ELECTRIC POWER CO.) 1973 13,500

27.HOKKAIDO NO. 1, 350 MWE (HOKKAIDO ELECTRIC POWER CO.) 1973 600

TOTAL 20,069 MWE 328,352

(JAPANESE NOTE)

SIR, I HAVE THE HONOR TO REFER TO YOUR NOTE DATED TODAY, REGARDING THE PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING CIVIL USES OF ATOMIC ENERGY SIGNED TODAY, IN WHICH YOU SET FORTH THE FOLLOWING UNDERSTANDINGS WHICH HAVE BEEN REACHED DURING THE NEGOTIATIONS LEADING TO THE CONCLUSION OF THE PROTOCOL:

"(UNITED STATES NOTE, 1 - 2)"

I HAVE FURTHER THE HONOR TO INFORM YOU THAT THE GOVERNMENT OF JAPAN CONCURS IN THE FOREGOING UNDERSTANDINGS AND CONFIRMS THAT YOUR NOTE AND THIS REPLY BE REGARDED AS PLACING THESE UNDERSTANDINGS ON RECORD.

ACCEPT, SIR, THE RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION.

WASHINGTON, MARCH 28, 1973

(SIGNED) NOBUHIKO USHIBA

THE HONORABLE WILLIAM P. ROGERS, SECRETARY OF STATE.