ML19211C624

Comments by National Power Corp of Philippines on NRC 791119 Submittal in Response to Commission 791019 Order.Urges Compliance W/Us 1954 Atomic Energy Act Limiting NRC Jurisdiction to Common Defense & Security of Us

ML19211C624
Person / Time
Site:	05000574
Issue date:	12/27/1979
From:	Itchon G PHILIPPINES
To:	NRC COMMISSION (OCM)
Shared Package
ML19211C622	List: ML19211C621 ML19211C624
References
NUDOCS 8001140072
Download: ML19211C624 (3)

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UNITED STATES OF AMERICA ~

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BEFORE THE COMMISSION In the Matter of ) Application No. XR-120 WESTINGHOUSE ELECTRIC CORP. Docket No. 110-0495

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(Exports to the Philippines) ) Application No. XCOM-0013 NATIONAL POWER CORPORATION'S (NPC) COMMENT ON NRC STAFF'S SUBMISSION DATED NOVEMBER 19, 1979 IN RESPONSE TO COMMISSION'S ORDER DATED OCI0BER 19,1979 It is NRC Staff's position that the Commission has legal authority and obligation to examine health, safety and environmental impacts abroad in making export license decisions only to the extent that the United States public health and safety, United States common defense and security or the environment of the United States or the global commons would be affected.

This position of the NRC's Staf f has been restated more than once in its 28-paged submission, dated November 19, 1979 to the Commission.

The term United States as defined in Subsection bb, Section 11 of the United States Atomic Energy Act of 1954, as amended, reads as follows:

The term " United States" when used in geographical sense includes all territories and possessions of the United States, the Canal Zone and Puerto Rico.

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Subsection (g), Section 11, Part 110 of the NRC Regulations for the Export and Import of nuclear equipment and material defines " common defense and security of the United States" as follows:

" Common defense and security" means common defense and security of the United States.

Also subsection (rr), Section 11 of the same regulations defines United States as follows:

The term " United States" when used in geographical sense includes territori 4 and possessions of the United States,-

the Canal Zone and Puertc Rico.

From the above-quoted definitions of applicable US laws and regu-lations, one can readily notice that the phrase " common defense and security of the United States" has a limited and restrictive meaning and application and does not include US military and naval installations OUTSIDE of the United States and located in foreign countries. Thus, the conten't ion of NRC's Staff, as its concluding remark, page 28 of its submission that:

"The factual consideration of proximity of the proposed site (Bataan Nuclear power plant site) to the United States military installations is pertine-t to subject applications x x x that, since this consideration is related to the statutory requirement that an export license not be inimical to the common defense and security the basic problem of lack of legal authority is attenuated",(enphasis supplied) has no statutory basis and cannot be legally sustained.

Wherefore, in view of the foregoing, it is respectfully submitted that should the Commission in making a statutory determination of the juris-dictional and procedural issues involve considerations of common defense and security of the United States, the geographical and physical scope of such a consideration must be limited and restricted to the common defense 1743 306

. and security of the United States as these terms are used and defined by United States Atomic Energy Act of 1954,as amended,and its implementing Regulations for the Export and Import of nuclear equipment and material, which definitions are above-quoted for convenience.

27 December 1979, Manila, Philippines.

NATIONAL POWER CORPORATION CAB

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G TCHON President &jChief Executive Officer 1743 307