ML19250B853
| ML19250B853 | |
| Person / Time | |
|---|---|
| Site: | 05000574 |
| Issue date: | 10/11/1979 |
| From: | Dorian T NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7911050386 | |
| Download: ML19250B853 (4) | |
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NRC PUBLIC DOCmENT ROOM 3
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION A
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Application No. XR-120
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Docket No. 50-574 WESTINGHOUSE ELECTRIC CORP.
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Application No. XCOM-0013 (Export to the Phillipines
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Application No. XSNM-1471 NRC STAFF ANSWER TO MOTION SY MOVEMENT FOR A FREE PHILIPPINES TO AMEND PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING FILED BY CENTER FOR DEVELOPMENT POLICY, JESUS NICANOR P. PERLAS, III, AND PHILIPPINE MOVEMENT FOR ENVIRONMENTAL PROTECTION By a motion dated October 3,1979, the Movement for a Free Philippines (MFP) requested the Comission to allow MFP to amend and join in a petition dated April 19',1979, by the Center for Development Policy (CDP), Jesus Nicanor P.
Perlas, III, And the Philippine Movement for Environmental Protection (PMEP),
which requested leave to intervene and that a hearing be held on Application No. XSNM-1471.
Under i 110.82(c) of 10 CFR Part 110, MFP's petition for leave to intenene would have been untimely; ir,tervention petitions under that section are considered timely only if filed no later than 30 days after notice of re-ceipt appers in the Federal Register (for those applications published in the Federal Register) or 15 days after notice of receipt is placed in the Since counsel making the motion for MFP is also counsel for CDP and PMEP, the NRC Staff assumes that CDP and PMEP do not object to the motion.
If CDP and PMEP, in fact, do object, the NRC Staff, of course, resenes the right to reconsider its answer.
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' Commission's public document room (for all other applications), unless the Corraission provides otherwise.
Under 110.84(c) of 10 CFR Part 110, untimely intervention petitions may be denied unless good cause for failure to file on time is established; in reviewing intervention petitions under that section, the Commission will also consider:
(1) the availability of other means by which the petitioner's interist, if any, will be protected or represented by other participants in a hearing, and (2) the extent to which the issues will be broadened or actier, on the application delayed.
Since MFP does not seek to intervene directly in this matter, but rather, to participate in any hearing together with CDP and PMEP without broadening the issues or delaying action on the application, and because it argues that its participation together with CDP and PMEP in a hearing is the "only avenue" by which it can " share its infonnation and concerns" abcut the above-captioned matters, the NRC Stcff has no objection to the Comission granting MFP's motien to allow MFP to join in the intervention petition on the same tenns granted by the Comission to CDP and PMEP.
Respectfully submitted,
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nks Thanas F. Dori n Counsel for NRC Staff Dated at Bethesda, Maryland this //4-day of October.1979 1270 193
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of Application No. XR-120 WESTINGHOUSE ELECTRIC CORP.
Docket No. 110-0495
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(Exports to the Philippines)
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Application No. XCCH-0013
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Application No. XSNM-1471 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO MOTION BY MOVEMENT FOR A FREE PHILIPPINES TO AMEND PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING FILED BY CENTER FOR DEVELOPME.'" POLICY, JESUS NICANOR P. PERLAS, III, AND PHILIPPINE MOVEMENT FOR ENVIRONMENTAL PROTECTION" in the above-captioned proceedings have been served on the following by deposit in the United States mail, first class or air mail, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this it-day of October, 1979.
Thomas R. Asher, Esq.
Matthew B. Begin. Esq.
1232 Seventeenth Street, N.W.
Washington, D.C.
20035 Barton Z. Cowan, Esq.
Eckert, Seamons, Cherin S Mellott
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42d floor, 600 Grant Street Pittsburgh, Pennsylvania 15219 g
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Thomas M. Daugherty, Esq.
Westinghouse Nuclear Energy Systems Iw 9
-5 P.O. Box 355
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Pittsburgh, Pennsylvania 15230 g
Mr. Louis Nosenzo Deputy Assistant Secretary for w
Nuclear Energy and Energy Technology Affairs Department of State Washington, D.C.
20520 Ronald J. Bettauer, Esq.
Deputy Assistant Legal Advisor Department-of State-Washington, D.C.
20520 1270 194
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Mr. Chase Stephens, Chief Docketing and Service Section U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Mr. Samuel J. Chilk, Secretary U.S. Nuclear Regulatory Comission Washington, D. C.
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Thomas F. Ooria F Counsel for NRC Staff 1270
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