ML19211C662

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Comments on NRC 791119 Position Per Commission 791019 Order. Urges Compliance w/1954 Atomic Energy Act Re Limitation of NRC Jurisdiction to Common Defense & Security of Us
ML19211C662
Person / Time
Site: 05000574
Issue date: 12/27/1979
From: Itchon G
NATIONAL POWER CORP. (PHILIPPINES)
To:
NRC COMMISSION (OCM)
References
NUDOCS 8001140126
Download: ML19211C662 (5)


Text

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BEFORE THE COMMISSION

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In the Matter of ) Application No. XR-120

} Docket No. 110-0495 WESTINGHOUSE ELECTRIC CORP.

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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 OCTOBER 19, 1979 It is NRC Staf f'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 Staff 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, recds 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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', _2 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.

31so subsection (rr), Section 11 of the same regulations defines Ur.ited States as follows:

The term " United States" when used in geographical sense includes territories and possessions of the Uaited States, .

the Canal Zone and Puerto Rico.

From the above-quoted definitions of applicable US laws and regu-lations, one can readily notice that the phrase " common defens: 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' tion of NRC's Staf f, 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 pertinent 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",(emphasis supplied) has no statutory bas

  • s 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 precedural issues involve considerations of common defense and security of the Ur.ited States, the geographical and physical scope of such a consideration must ge limited and restricted to the common defense 1743 097

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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 GABR . ITCHON President & Chief Executive Officer 1743 0098

. t REPUBLIC OF THE PHILIPPINES MINISTRY OF ENERGY OFFICE OF THE MINISTER

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L GERONIMO Z. VELASCO 9 h ? $"Y Minister _

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ist Indorsement 4 28 December 1979 m ,

Respectfully ferwarded ; o the Honorable, the Minister of Foreign Affairs, Metropolitan City of Manila, the within N?C pleading entitled: " National Power Corporation's (NPC) Coment on NRC Staff's Sub-mission Dated November 19, 1979 in Response to Comission's Order Dated October 19, 1979", in the matter of Westinghouse Electric Corporation (Exports to the Philippines), Application No. XR-120, Docket No.110-0495, Application No. XCOM-0013, Nuclear Regulatory Commission, United States of America, requesting that the within pleading be immediately filed with and submitted to the United States Nuclear Regulatory Commission, Washington, D.C.

Priority for this request is sincerely solicited.

GABRI . ON Deputy Minister 1743 099 PNCC Building, 7901 Makati Avenue, Makats. Vetro Manila O Telephone N:s. 85 90-61

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27 December 1979 } j PL-NPC/EBC-06CO j m- c. -

l Mr. Chr.rles R. Healy l'f2 " '"" "__ ---

i Project Manager 'l"'"' ' ' --

EBASCO Cverseas Corporation  ! _C-f ___ ___

ialderrana Building U~!!T""i 107 Esteban Street Legaspi Village ^"~'""__--

Makati, Metro Manila  ? ?4?i" , -

Attention: Mr. Gaudencio Alegres ' '

  • Chief Accountant, EBASCO --

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Dear Mr. Healy:

Attached herewith is a document prepared by my I2 gal-skaff,

" National Power Corporation's (NPC) Co=ent on NRC Staff's Sub-mission Dated Novenber 19, 1979 in Response, to Comissions Order Dated October 19, 1979", in the matter of Westinghouse Electric Corporation (Exports to the Philippines) Application No. XR-120, Docket No. 110-0495 and Application No. XCOM-0013.

Would you please make available to NPC once again the facilities of your Office for filing as quickly as possible the attached document with the L*nited States Nuclear Regulatory Co=ission, Washington, D.C.

I would certainly appreciate priority attention to this request .

Very truly yours, y JC UE E. POL .iTAN Manager Nuc. car Power Department 1743 100 Office Acdress: Cable Address: Tel. Nos.:

Ucnifacio Drive, Pc:: .srca, 3:anila NAPOCOR 31:nila 47-21-41 40-44-71 P.O. Ecx 2123 Te:ex: 74201::0 47-21 40 40-38-81