CLI-87-10, Order CLI-87-10.* Order Directing NRC to Issue Orders to Ensure Existing Licenses Bar Imports of U Ore & U Oxide from South Africa & All U Imports from Parastatal Organizations. Served on 870921

Order CLI-87-10.* Order Directing NRC to Issue Orders to Ensure Existing Licenses Bar Imports of U Ore & U Oxide from South Africa & All U Imports from Parastatal Organizations. Served on 870921

ML20236P851
Person / Time
Issue date:	09/21/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
References
CON-#487-4830 CLI-87-09, CLI-87-10, CLI-87-9, NUDOCS 8711190032
Download: ML20236P851 (7)

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'87 ST 21 li? 09 i

-COMMISS10NERS:

l Lando W. Zech, Jr., Chairman

' Thomas M. Roberts-Frederick M. Bernthal Kenneth M. Carr SERVED SEP 211987 Kenneth C. Rogers In the Matter of:

EDLOW INTERNATIONAL COMPANY

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Docket No. 11002967 License No. ISNM-82020./ -

(Import License for Enriched Uranium from A Country Not Specified)

In the Matter of:

I TRANSNUCLEAR, INC.

Docket No. 11003111 License No. ISNM-83005 (Import License for Enriched Uranium from A Country Not Specified)

In the Matter of:

WESTINGHOUSE ELECTRIC CORPORATION Docket No. 11001002 License No. ISNM-80001

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(Import License for Enriched Uranium from A Country Not Specified)

In the Matter of:

EDLOW INTERNATIONAL COMPANY Docket No. 11000168 License No. 5-78019 l

M (Import License for Nuclear Source Material from A Country Not Specified In the Matter of:

INTERNATIONAL ENERGY ASSOCIATES LTD.

Docket No. 11003688 License No, ISNM-84012 '

(Import License for Enriched Uranium Hexafluoride from South Africa) kDR O

ISNM-80001 PDR

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In the Matter of:

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SEPARATIVE WORK UNIT CORPORATION Docket No. 11002957 (Import License for Enriched and Natural Uranium from A Country Not Specified)

In the Matter of:

i BRAUNK0HLE TRANSPORT, USA Docket No. 11003204 License No. ISNM-83011 (Import License for Natural and Enriched Uranium from A Country Not Specified)

In the Matter of:

ADVANCED NUCLEAR FUELS CORP.

Docket No. 11003365 License No. ISNM-~83025 (Import License For Natural and Enriched Uranium from A Country Not Specified)

In the Matter of:

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PHIBRO-SALOMON, INC.

Docket No. 11002933 License No ISNM-82015

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(Import License For Natural and Enriched Uranium from South Africa)

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In the Matter of:

NEW YORK NUCLEAR CORPORATION Docket No. 11003097 1

License Nc. ISNM-83003.

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(Import License for Enriched Uranium from A Country Not Specified)

In the Matter of:

TRANSNUCLEAR, INC.

Docket No. 11002593 License No. ISNM-81017 i

(Import License for Special Nuclear Material from A Country Not Specified)

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ORDER CLI-87-10 On February 17, 1987, seven members of the United States House of Representatives (Congressmen Ronald V. Dellums, Mervyn M. Dymally,

-William H. Gray, III, Edward J. Markey, Charles B. Rangel, Bill Richardson and Howard Wolpe), the Oil Chemical and Atomic Workers International Union,I the Nuclear Control Institute, American Committee on Africa. Transafrica, Inc., and the Washington Office of Africa

'l'

(" petitioners") filed a " Petition For Connencement of License Revocation Proceedings" seeking revocation of eleven existing uranium inport licenses to the extent that they permit the import of South African-origin uranium.

In their original petition and in a supplemental motion filed on May 13, 1987, the petitioners also sought the inanediate suspension of the licenses. The Director of the Office of Governmental and Public Affairs denied the request for immediate suspension in a decision dated May 27, 1987.

On March 10, 1987 petitioners moved to amend their petition to include three additional parties--Robert L. Chavez, an unemployed uranium miner, Carlos P. Cisneros, a state senator from New Mexico, and I

Henry Eric Isaacs, a South African exile. On April 13, 1987, ANF filed q

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l IThe Union subsequently withdrew from the petition on

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1 February 20, 1987.

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L 4-i an answer opposing. petitioners' motion to amei d.

On March 16, 1987, AdvancedNuclear.FuelsCorporation("ANF"),holderoflicense No.. ISNM-83025, filed an answer opposing petitioners' motion to amend.

Previously, it had filed a response in opposition to the petition. 'No other licensee filed a response to petitioners' pleadings. After reviewing these submissions, the Comission grants the request to add three additional petitioners because this action does not prejudice the affected licensees.

With respect to petitioners' substantive claims, the issues they I'

seek to raise are identical to those that these same petitioners raised with respect to four pending applications for licenses which would authorize the import of South African uranium. Today, the Comission issued a Decision, CLI-87-9, 26 NRC _, setting forth its views.on the issues relating to those pending import license applications.

The Commission's resolution of the issues in CLY-87-9 also guides the resolution of the petitioners' request for revocation of existing licenses.

In accord with CLI-87-9, we are directing the staff to issue orders, as necessary, to ensure that existing licenses bar imports of uranium ore and uranium oxide from South Africa and all uranium imports from parastatal organizations. To the extent that this action is i

consistent with the petitioners' request, we have granted the petition.

l In all other respects, the petition is denied.2 4

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2In their original request for relief, petitioners had also asked that the Commission ensure availability of "all pertinent data" regarding the issues raised in the petition and grant (FootnoteContinued) l l

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~ Our decision in CLI-87'-9 provides the substantive. basis!for our action on the issues', which are! essentially of a legal nature,. raised u

by

the petition. Thus, further hearings on the petition are neither necessary, see Eddleman v. NRC, _ F.2d _, No. 87-1018, slip op. at 9 (4th Cir... August 10,1987), nor are they required by law.

Seejd..at?

O' 5;~ Illinois v.'NRC 591 F.2d 12, 13-14 (7th Cir. 1979);-Porter County. Chapter of the Isaac Walton League v. NRC, 606 F.2d 1363, 1369 l

~

(D.C. Cir.l1979).

l Based on the Comission's Decision in CLI-87-9, the Director, I

0ffice of Governmental and.Public Affairs, shall review the licenses being challenged here and promptly issue appropriate orders to amend, suspend, or revoke those licenses, in accord with.that Decision. ~Those orders should be immediately effective.

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(FootnoteContinued)

" reasonable discovery of relevant documents and persons."

Although' discovery was denied in the related proceeding on the j

import applications and is not a "right" under Commission practice

. i with respect to consideration of petitions to modify, suspend or

-revoke licenses, the NRC staff did place pertinent documents in the Commission's possession in the NRC Public Document Room for public inspection and copying. See CLI-87-6, 25 NRC _, slip op.

at 5 (June 12, 1987).

Petitioners had also requested consolidation of their petition for revocation with proceedings on their petition to intervene on the license applications.

Consolidation was denied in the Commission's earlier Order, CLI-87-6, because the legal framework for acting on initial applications' differs from that with respect to requests to modify, suspend or revoke licenses.

See generally People of the State of Illinois v. - NRC, 591 F.2d 12 T7Th Cir.1979).

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Conunissioner Roberts was unavailable to participate in this Order.

j It is s ED.*

For the Comission S

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SAMUb J. CHILK o

1. • • • • g Secretary oflthe Coninission Dated at Washington, D.C.

this 21st day of September, 1987 i

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• Chairman Zech was not present for the affirmation of this Order.

If he had been present, he would have approved it.

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