ML19259B145
| ML19259B145 | |
| Person / Time | |
|---|---|
| Site: | 07002738 |
| Issue date: | 01/10/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 7901160358 | |
| Download: ML19259B145 (3) | |
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JAH 01973K 2 NUCLEAR REGULATORY COMMISSION es;f.,*1W I
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2 In the Matter of
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EDLOW INTERNATIONAL COMPANY
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Docket No. 70-2738 (Agent for the Government of India License No. XSNM-1222 on Application to Export Special Nuclear Materials)
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ORDER On January 5,1979, the Natural Resources Defense Council, Inc.,
the Sierra Club, and the Union of Concerned Scientists filed a motion with the Commission requesting that the Commission extend the time to submit written comments in this proceeding from January 11, 1979 to January 25, 1979, and the time for submission of reply coments from January 22, 1979 to February 1, 1979.
The Nuclear Regulatory Commis-sion Staff filed a pleading with the Commission dated January 8 con-The cluding that it had no objection to the requested extension.
Commission has reviewed these submissions and detemined that an extension of time would not serve the public interest.
Petitioners assert that this additional time is required because concerned federal agencies have only partially responded to their December 19, 1978 request for information under the Freedom of Informa-tion Act, impairing their ability to provide meaningful coments and analyses to the Comission. The primary purpose of the written hearing 73OtWo358
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2 is to afford Petitioners and other members of the public an opportunity to provide any additional information and views they may possess on issues arising from reactor fuel exports to India that may not other-wise be available to the Commission. Although analysis of documents in the possession of the U.S. government by nongovernmental groups may provide alternative interpretations of the facts upon which the Commis-sion's licensing determination would be based, such analysis was not the basis upon which the Commission ordered the present public comment proceedings.
Furthermore, the Department of State has informed the Commission that early Commission action on the application would assist the Execu-tive Branch in its negotiations with India on nuclear r:,n-proliferation issues.
See page 4 of the unclassified Memorandum For the Record, dated January 3,1979 sumarizing a December 4,1978 State Department Briefing of the Commission on U.S.-India nuclear issues. We agree that strong foreign policy reasons support expediting these proceedings.
Furthermore, at the Commission's public meeting of December 7, 1978 when the Commission voted to order this hearing, and at which Petitioners were represented, the Commission emphasized that this hearing would be held on an expedited basis. On December 8, Petitioners were served by hand with a copy of the Commission's order.
Nonetheless, they did not file F0IA requests until December 19.
Petitioners could have filed these requests as early as February 14, 1978, the date they filed a motion with the Comission requesting a public hearing on
3 XSNM-1222. Therefore, the difficulties Petitioners are now experiencing are to some degree self-inflicted.
It is so ORDERED.
For the Comission.
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' SM1UEL J CHW 3 Secretary of ';he Comission Dated at Washington, D.C.
this /0 O day of January, 1979.
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