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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19310A6271980-06-10010 June 1980 Brief on Appeal Before Us Court of Appeals,Dc Circuit,From Commission 800506 Orders.Case Must Be Remanded to Examine Us Common Defense & Security Under Atomic Energy Act,Nuclear Non-Proliferation Act & Nepa.Certificate of Svc Encl ML19305D4561980-04-0303 April 1980 Motion to Stay Effectiveness of Final Order,Pending Appeal & Judicial Review Re Nuclear Reactor Export to Philippines. Delay in Shipment Will Not Injure Interests of Exporter or Parties.Certificate of Svc Encl ML19294C1251980-02-29029 February 1980 Comments in Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines. Effects on Global Commons Subminimal Per Apr 1976 Fes on Us Nuclear Power Export process,ERDA-1542.W/Certificate of Svc ML19290E3061980-02-29029 February 1980 Statement of Views in Response to Commission 800208 Order Requesting Further Submittals Re Nuclear Reactor Export to Philippines.Urges Preparation of EIS Updating ERDA-1542 & Addressing Possible Environ Impacts on Us & Global Commons ML19294C1191980-02-29029 February 1980 Comments in Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines. Impact on Clark Air Force Base & Subic Bay Naval Station Sufficient to Pose Threat.W/Certificate of Svc ML19294C1071980-02-29029 February 1980 Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines.Apr 1976 Fes on Us Nuclear Power Export activities,ERDA-1542,should Be Applied.Effects on Global Commons Not Related to Us Defense ML19322E2601980-02-28028 February 1980 Statement Opposing Proposed Export of Reactor & Matls to Philippines by Westinghouse.Nrc Should Not Approve Export of Reactor & Matls for Power Plant to Be Constructed on Slope of Volcano ML19294B6441980-02-28028 February 1980 Comments in Response to Commission 800208 Order Re Reactor Export to Philippines.License Should Be Issued Immediately. NRC Already Adequately Addressed Health Safety & Environ Effects ML19290E7051980-02-27027 February 1980 Comments & Argument in Response to Commission 800208 Order Inviting Further Views Re Nuclear Reactor Export to Philippines.Adopts Wl Cummings 800129 Encl Affidavit Re Health,Safety & Environ Effects on Global Commons or Us Land ML19294B6041980-02-26026 February 1980 Comments in Response to Commission 791019 & 800208 Orders Re Reactor Export to Philippines.Steps Taken by Philippine Govt Assure No Adverse Health & Environ Effects on Us Global Commons.Certificate of Svc Encl ML19290E7081980-01-29029 January 1980 Affidavit Urging Denial of Nuclear Reactor Export to Philippines.Export Threaten Philippine Sovereignity, Jeopardizes Global Commons & Affects Us Natl Security. Certificate of Svc Encl ML19211C6621979-12-27027 December 1979 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 ML19211C6241979-12-27027 December 1979 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 ML19257A3961979-12-19019 December 1979 Response to Westinghouse Objection to Friends of the Filipino People Request to Intervene.No Delay or Prejudice Will Arise from Granting of Request.No Other Group Can Represent Interests of Petitioners ML19257A6591979-12-19019 December 1979 Response in Opposition to Westinghouse Answer Objecting to Friends of the Filipino People Request to Intervene.Adopts Ctr for Development Policy,Movement for Environ Protection & Jn Perlas 790604 Consolidated Reply.W/Certificate of Svc ML19260C6721979-12-18018 December 1979 Reply to Applicant Response to Petitioner Motion to Intervene.Urges Commission to Grant Intervention.Affidavit of Support & Certificate of Svc Encl ML19260B6141979-11-29029 November 1979 Response in Opposition to Ctr for Development Policy, Philippine Movement for Environ Protection,Movement for Free Philippines & Nj Perias 791119 Pleading.Waiver of Export Rules Will Create Uncertainty Among Importing Countries ML19210E5401979-11-21021 November 1979 Response to NRC 791019 Request for Views on Philippine Export Proceedings.Hearing on Seven Items Outlined in 790419 Petition to Intervene Requested ML19210E5831979-11-19019 November 1979 Affidavit of C Planas on 791119 Re Westinghouse Application to Export Nuclear Reactor to Philippines.Application Should Be Denied Due to Health & Safety Risks & High Cost of Maint ML19260A6281979-11-19019 November 1979 Response to Commission 791019 Order Requesting Views on Nuclear Reactor Export to Philippines.Requests Hearing on Issues Presented in 790419 Petition to Intervene.Supporting Documentation Encl ML19262A9881979-11-19019 November 1979 Brief in Lieu of Pleading,Re Nuclear Reactor Export to Philippines.Questions Ability of Less Developed Nations to Deal W/Nuclear Technology Issues.Supporting Documentation Encl ML19253C3591979-11-19019 November 1979 Memorandum Stating Position Re Export of Nuclear Reactor to Philippines in Response to NRC 791019 Order.Nrc Has No Jurisdiction Over Matters Affecting Health & Safety in Foreign Countries.Certificate of Svc & Exhibits Encl ML19210E4861979-11-19019 November 1979 Comments in Response to Commission 791019 Order Requesting Views on Commission Jurisdiction to Consider Nuclear Reactor Effects in Foreign Country.Proceeding Affects Foreign Policy Which NRC Cannot Formulate ML19210E6181979-11-15015 November 1979 Statement of Views by Natl Power Corp,Agency of Govt of Philippines,In Response to Commission 791019 Order.Atomic Energy & Nuclear Nonproliferation Acts Were Not Promulgated to Dictate Policies on Foreign Nations ML19210D9251979-11-14014 November 1979 Response to Commission 791019 Order for Views on Procedural & Jurisdictional Issues.Relevant Legal Considerations Discussed May Justify Different NRC Health,Safety & Environ Reviews for Some Export License Applications ML19253C1351979-11-12012 November 1979 Affidavit Alleging That Philippine Govt Has Not Carefully Considered Impacts of Proposed Reactor.Nrc Should Conduct Thorough Health,Safety & Environ Review.Reactor Would Be Unsafe.Exhibits Encl ML19253C1231979-11-12012 November 1979 Petition to Intervene in Form of Brief Requesting License Denial.Urges Review of Commission 791019 Order Re Seismic & Geological Risks,Design Adequacy,Environ Impact,Spent Fuel Disposition & Other Issues.Hearings Requested ML19210D9791979-11-12012 November 1979 Responds to 791019 Order Requesting Views on Jurisdictional & Procedural Issues.Nrc Failed to Comply w/791004 Deadline for Implementation of Executive Order 12114.NRC Is Restrained from Action on Westinghouse Application ML19250C6581979-11-0808 November 1979 Natl Power Corp Statement of Views Re Pending Westinghouse Export Application.Export License Should Be Granted W/O Further Proceedings ML19268B9901979-11-0606 November 1979 Affidavit Stating Observation of Commission 790623-0810 & 0913-14 Hearing in Philadelphia,Pa.Objects to Scope of Hearing & Limited Opportunity Given to Participants ML19256F0671979-11-0202 November 1979 Brief in Lieu of Pleading Per Commission 791019 Order Inviting Submittal of Questions Re Scope of Commission Jurisdiction Over Foreign Environ.Alleges That Environ Impacts in Philippines May Be Connected W/Us Security ML19256F0731979-10-19019 October 1979 Affidavit Alleging That Westinghouse Has Been Bribed by Marcos Govt.Contends That Location of Reactor on Slope of Volcano Believed to Be Active Will Cause Harm to Us Military Personnel Located in Adjacent Areas ML19256F0721979-10-19019 October 1979 Affidavit Alleging That Philippine Environmental Matters Will Be Aggravated by Allowing Exportation of Nuclear Reactor from Us.Urges Commission to Disapprove Proposal ML19209D2001979-10-10010 October 1979 Notice of Friends of Filipino People Intention to File 791016 Petition to Intervene,Along W/Opposition & Request for Participation.States Experience Gained in Representing Us Citizens Concerned About US-Philippines Relations ML19254C8261979-10-0909 October 1979 Supplemental Memorandum in Response to NRC Supplemental Answer.Psar & Other Primary Evidence Were Prepared by Members of Group Applying for Full Participation in Proceeding.Certificate of Svc & Affidavits Encl ML19261F1541979-10-0909 October 1979 Answer in Opposition to Movement for Free Philippines Motion to Amend 791003 Petition to Intervene & Request for Hearing. Petition Is Untimely & Does Not Satisfy Requirements. Separate Intervention Status Should Not Be Granted ML19254F0231979-10-0303 October 1979 Motion That Ctr for Development Policy 790419 Petition to Intervenor Be Amended to Add Movement for Free Philippines as Petitioner.Members Are Political Refugees.Affidavit of H Alvarez & Certificate of Svc Encl ML19254F0261979-10-0303 October 1979 Supplemental Memorandum in Support of 790420 Petition to Intervene & Request for Adjudicatory Public Hearing.Asserts Vital Interest in Export Proceeding ML19254C8511979-10-0303 October 1979 Supplemental Memorandum in Support of Ctr for Development 790420 Petition to Intervene & Request for Hearing.Alleges Discovery of Contradicting Applicant Submittal ML19254C8451979-10-0303 October 1979 Motion to Amend 790419 Petition to Intervene & Request for Hearing.Participation Will Draw Filipino Attention to Risks & Hazards Created by Reactor.Certificate of Svc Encl ML19254F0271979-09-28028 September 1979 Affidavit of L Mattison on 791003 Re Supplemental Memorandum to 790420 Petition to Intervene.Intervention Is in Public Interest & Would Assist NRC in Making Required Determinations.Certificate of Svc Encl ML19254C8521979-09-28028 September 1979 Affidavit Attesting That Ctr for Development Policy Conducts Independent,Nonpartisan Research of Us Development Programs, W/Primary Attention Focused on Nanot Point Reactor Project. Requests Intervention to Present Evidence ML19254C8501979-08-31031 August 1979 Affidavit Attesting Authorization to Intervene on Behalf of Movement of Free Philippines.Certificate of Svc Encl ML19254D4891979-07-11011 July 1979 Transcript of Republic of Philippines Commission on Nuclear Power Plants 790711-13 Hearings in Manila,Philippines. Transcript Divided Into Sections by Stenographer ML19261D6981979-06-0404 June 1979 Joint Reply of Petitioners to NRC & Westinghouse Request for Denial of Intervenor Status.Petitioners Have Standing Under All Applicable Tests.Consolidation of Licenses Will Aid Proceedings.Certificate of Svc Encl ML19257A2541979-05-23023 May 1979 Answer in Opposition to Friends of the Filipino People & Coalition Against Reactor Exports 791106 & 15 Briefs. Petitioners Failed to Demonstrate Standing & Raised Questions Outside NRC Jurisdiction.Certificate of Svc Encl ML19269D9811979-05-23023 May 1979 Applicant Answer to 790419 Petition to Intervene.Joint Intervenors Are Untimely,Lack Standing,Raise Issues Outside Jurisdiction of NRC & Fail to Demonstrate That Hearing Is in Public Interest.Certificate of Svc Encl ML19263E2461979-04-19019 April 1979 Petition to Intervene & Request for Hearing Per 10CFR110 by Ctr for Development Policy,Jn Perlas & Philippine Movement for Environ Protection.Supporting Documentation Encl 1980-06-10
[Table view] Category:PLEADINGS
MONTHYEARML19305D4561980-04-0303 April 1980 Motion to Stay Effectiveness of Final Order,Pending Appeal & Judicial Review Re Nuclear Reactor Export to Philippines. Delay in Shipment Will Not Injure Interests of Exporter or Parties.Certificate of Svc Encl ML19290E3061980-02-29029 February 1980 Statement of Views in Response to Commission 800208 Order Requesting Further Submittals Re Nuclear Reactor Export to Philippines.Urges Preparation of EIS Updating ERDA-1542 & Addressing Possible Environ Impacts on Us & Global Commons ML19294C1071980-02-29029 February 1980 Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines.Apr 1976 Fes on Us Nuclear Power Export activities,ERDA-1542,should Be Applied.Effects on Global Commons Not Related to Us Defense ML19294C1191980-02-29029 February 1980 Comments in Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines. Impact on Clark Air Force Base & Subic Bay Naval Station Sufficient to Pose Threat.W/Certificate of Svc ML19294C1251980-02-29029 February 1980 Comments in Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines. Effects on Global Commons Subminimal Per Apr 1976 Fes on Us Nuclear Power Export process,ERDA-1542.W/Certificate of Svc ML19322E2601980-02-28028 February 1980 Statement Opposing Proposed Export of Reactor & Matls to Philippines by Westinghouse.Nrc Should Not Approve Export of Reactor & Matls for Power Plant to Be Constructed on Slope of Volcano ML19294B6441980-02-28028 February 1980 Comments in Response to Commission 800208 Order Re Reactor Export to Philippines.License Should Be Issued Immediately. NRC Already Adequately Addressed Health Safety & Environ Effects ML19290E7051980-02-27027 February 1980 Comments & Argument in Response to Commission 800208 Order Inviting Further Views Re Nuclear Reactor Export to Philippines.Adopts Wl Cummings 800129 Encl Affidavit Re Health,Safety & Environ Effects on Global Commons or Us Land ML19294B6041980-02-26026 February 1980 Comments in Response to Commission 791019 & 800208 Orders Re Reactor Export to Philippines.Steps Taken by Philippine Govt Assure No Adverse Health & Environ Effects on Us Global Commons.Certificate of Svc Encl ML19211C6621979-12-27027 December 1979 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 ML19211C6241979-12-27027 December 1979 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 ML19257A6591979-12-19019 December 1979 Response in Opposition to Westinghouse Answer Objecting to Friends of the Filipino People Request to Intervene.Adopts Ctr for Development Policy,Movement for Environ Protection & Jn Perlas 790604 Consolidated Reply.W/Certificate of Svc ML19257A3961979-12-19019 December 1979 Response to Westinghouse Objection to Friends of the Filipino People Request to Intervene.No Delay or Prejudice Will Arise from Granting of Request.No Other Group Can Represent Interests of Petitioners ML19260C6721979-12-18018 December 1979 Reply to Applicant Response to Petitioner Motion to Intervene.Urges Commission to Grant Intervention.Affidavit of Support & Certificate of Svc Encl ML19260B6141979-11-29029 November 1979 Response in Opposition to Ctr for Development Policy, Philippine Movement for Environ Protection,Movement for Free Philippines & Nj Perias 791119 Pleading.Waiver of Export Rules Will Create Uncertainty Among Importing Countries ML19210E5401979-11-21021 November 1979 Response to NRC 791019 Request for Views on Philippine Export Proceedings.Hearing on Seven Items Outlined in 790419 Petition to Intervene Requested ML19210E4861979-11-19019 November 1979 Comments in Response to Commission 791019 Order Requesting Views on Commission Jurisdiction to Consider Nuclear Reactor Effects in Foreign Country.Proceeding Affects Foreign Policy Which NRC Cannot Formulate ML19262A9881979-11-19019 November 1979 Brief in Lieu of Pleading,Re Nuclear Reactor Export to Philippines.Questions Ability of Less Developed Nations to Deal W/Nuclear Technology Issues.Supporting Documentation Encl ML19260A6281979-11-19019 November 1979 Response to Commission 791019 Order Requesting Views on Nuclear Reactor Export to Philippines.Requests Hearing on Issues Presented in 790419 Petition to Intervene.Supporting Documentation Encl ML19253C3591979-11-19019 November 1979 Memorandum Stating Position Re Export of Nuclear Reactor to Philippines in Response to NRC 791019 Order.Nrc Has No Jurisdiction Over Matters Affecting Health & Safety in Foreign Countries.Certificate of Svc & Exhibits Encl ML19210E6181979-11-15015 November 1979 Statement of Views by Natl Power Corp,Agency of Govt of Philippines,In Response to Commission 791019 Order.Atomic Energy & Nuclear Nonproliferation Acts Were Not Promulgated to Dictate Policies on Foreign Nations ML19210D9251979-11-14014 November 1979 Response to Commission 791019 Order for Views on Procedural & Jurisdictional Issues.Relevant Legal Considerations Discussed May Justify Different NRC Health,Safety & Environ Reviews for Some Export License Applications ML19210D9791979-11-12012 November 1979 Responds to 791019 Order Requesting Views on Jurisdictional & Procedural Issues.Nrc Failed to Comply w/791004 Deadline for Implementation of Executive Order 12114.NRC Is Restrained from Action on Westinghouse Application ML19250C6581979-11-0808 November 1979 Natl Power Corp Statement of Views Re Pending Westinghouse Export Application.Export License Should Be Granted W/O Further Proceedings ML19256F0671979-11-0202 November 1979 Brief in Lieu of Pleading Per Commission 791019 Order Inviting Submittal of Questions Re Scope of Commission Jurisdiction Over Foreign Environ.Alleges That Environ Impacts in Philippines May Be Connected W/Us Security ML19261F1541979-10-0909 October 1979 Answer in Opposition to Movement for Free Philippines Motion to Amend 791003 Petition to Intervene & Request for Hearing. Petition Is Untimely & Does Not Satisfy Requirements. Separate Intervention Status Should Not Be Granted ML19254C8261979-10-0909 October 1979 Supplemental Memorandum in Response to NRC Supplemental Answer.Psar & Other Primary Evidence Were Prepared by Members of Group Applying for Full Participation in Proceeding.Certificate of Svc & Affidavits Encl ML19254F0231979-10-0303 October 1979 Motion That Ctr for Development Policy 790419 Petition to Intervenor Be Amended to Add Movement for Free Philippines as Petitioner.Members Are Political Refugees.Affidavit of H Alvarez & Certificate of Svc Encl ML19254F0261979-10-0303 October 1979 Supplemental Memorandum in Support of 790420 Petition to Intervene & Request for Adjudicatory Public Hearing.Asserts Vital Interest in Export Proceeding ML19254C8451979-10-0303 October 1979 Motion to Amend 790419 Petition to Intervene & Request for Hearing.Participation Will Draw Filipino Attention to Risks & Hazards Created by Reactor.Certificate of Svc Encl ML19261D6981979-06-0404 June 1979 Joint Reply of Petitioners to NRC & Westinghouse Request for Denial of Intervenor Status.Petitioners Have Standing Under All Applicable Tests.Consolidation of Licenses Will Aid Proceedings.Certificate of Svc Encl ML19257A2541979-05-23023 May 1979 Answer in Opposition to Friends of the Filipino People & Coalition Against Reactor Exports 791106 & 15 Briefs. Petitioners Failed to Demonstrate Standing & Raised Questions Outside NRC Jurisdiction.Certificate of Svc Encl ML19269D9811979-05-23023 May 1979 Applicant Answer to 790419 Petition to Intervene.Joint Intervenors Are Untimely,Lack Standing,Raise Issues Outside Jurisdiction of NRC & Fail to Demonstrate That Hearing Is in Public Interest.Certificate of Svc Encl ML19263E2461979-04-19019 April 1979 Petition to Intervene & Request for Hearing Per 10CFR110 by Ctr for Development Policy,Jn Perlas & Philippine Movement for Environ Protection.Supporting Documentation Encl 1980-04-03
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, - Nancy Duff Campbell AND W } **C E'n ' C (f. Roger S Fester SOCIAL g, @ uk'a"8'"eLO,'e Magaret A Kohn POLICY O c) 29 February 1980 d ca ,n McAteer.
LeonadC Meeker Sanford A Newman
- Cao# Ocoenreimer Before the MaNyn G Am UNITED. STATES NUCLEAR REGULATORY COMMISSION * Te'o'"p*SaU**eS Herbert Semmel Richard L Webb Amewre se La.
e goe admewo e o C In the Matter of )
) Docket No. 110-0495 WESTINGHOUSE ELECTRIC CORP. ) Application No. XR-120
) Application No. XCOM-0013 (Exports to the Phillippines) )
STATEMENT OF VIEWS These comments are submitted on behalf of the Philippine Movement -
for Environmental Protection, the National Audubon Society, the Natural Resources Defense Council, Friends of the Earth, the Union of Concerned Scientists, and the Sierra Club, pursuant to the Commission's Order dated February 8, 1980. That Order invited the submission of public views relating to: (1) the health, safety or environmental impacts that the proposed export of a nuclear reactor to the Philippines would have upon the global commons or the territory cf the United States, and (2) the relationship of these impacts to the common defense and security of the United States. ..
I. INTRODUCTION
_ .3 The undersigned organizations firmly believe that if the United States is to be a truly " reliable supplier" of nuclear technolo y, as C
8003100 ;
s .
8 the law requires, it must take steps to assure that U.S. reactors sold to foreign customers are designed, sited and constructed safely and that recipient countries can operate them safely. A serious accident at a U.S.-supplied reactor abroad could directly affect our environment at home, and would have severe national security and foreign policy repercussions.
Before the NFC issues any license for the export of a nuclear reactor, the Atomic Energy Act requires it to " find that the proposed export will not be inimical to the commen defense and security or to the health and safety of the public." 42 U.S.C. S2013(d), as amended August 26, 1964. S. Rep. No.'1325, 88th Cong., 2d Sess. 28-29 (1964).
Subsequent federal statutes, including the National Environmental Policy Act of 1969, the Energy Reorganization Act of 1974 and the Nuclear Non-Pro,liferation Act of 1978, require that such a finding be based in part 'cn1 the. NRC',s independent examination of all of the health and safety risks and potential environmenta.1 impacts associated with reactor exports wherever they might ari'se. (See our previous Statement of Views on Further Public Proceedings, I? 14ovember 1979) .
'o These legislative requirements have been reaffirmed by President Carter's Executive Order # 12114 of January 4, 1979, which explicitly recognizes the responsibiliby of the United States to ensure that its nuclear exports do not harm the health of foreign citizens and the environments of other nations.
The undersigned organizations deplore the Commissioners' decision of January 29, 1980 which has purported to limit the scope of the NRC's licensing review to the potential impacts of the Philippine reactor export on the global commons and U.S. territory. Such a
_ decision violates both the requirements that have been imposed on the NRC by the laws cited above and considerations or sound policy. It reflects a callous disregard for the health and well-being'of some 30,000 U.S. citizens residing within forty miles of the proposed nuclear reactor site in the Philippines.
The Senate Report on the Nuclear Non-Proliferation Act of 1978 indicates con-gressional awareness of this type of situation:
Although the NRC finding on the health and safety of the public refers only to the American public, it should be recognized that certain overseas activities could pose a threat to Americans.
S. Rep. No.95-467, 95th Cong., 1st Sess., reprinted in Legislative History of the NNPA of 1978, Subcommittee on Energy, Nuclear Prolifera-tion, and Federal Services of-the Senate' Committee on Government Affairs 469, Jan. 1979.
The Commission must also examine whether the proposed export would be inimic'al to the " common defense and security" interests of the United States. An accident at the proposed reactor could threaten important U.S. military bases in Southeast Asia and seriously harm U.S.
relations with the Philippines. Secretary of State Cyrus Vance has emphasized that the foreign policy interests of the United States would be enhanced by a complete examination of the possible effects of nuclear exports. In a letter to Senator Church concerning the State Department's assessment of the proposed export to the Philippines, Secretary Vance stated:
I feel that we would be remiss in our responsi-bility if we were to approve any exports from the United States without consideration of hazards that might accrue from such exports.
[ Letter of Secretary Vance to Senator Frank Church, May 12, 1979]
Moreover, in its submission to the NRC of November 15, 1979 regarding
. ~4-this proceeding, the State Department formally admitted that, "there are circumstances in which certain health, safety and envir6nmental factors may be taken into account by the Commission."
(p.2). It is well recognized that many countries, particularly those in the developing world, lack the technical expertise and skilled personnel necessary to assure the safe operation of nuclear power plants. The NRC has both a legal and a moral obligation to ensure that an exported technology as potentially dangerous as nuclear fission will not be mishandled with disastrous consequences.
The refusal of the Commission to examine the environmental, health and safety risks associated with the proposed reactor in the Philippines ' .is simply irresponsible.
The undersigned organizations do believe that the potential impacts of the Philippine eactor export on the global commons and on U.S. territory warrant detailed examination by the NRC.
However, this contention and the discussion that follows should not in any way be perceived as undermining our view that the Commissioners' decision to limit the scope of the NRC's licensing criteria contravenes relevant legal requirements and policy considerations. We further believe that it is not . appropriate for ' he Commission to solicit c
further public comments on the proposed reactor export before pro-viding a formal justification for this decision.
II. NUCLEAR WASTES GENERATED BY THE PROPOSED PHILIPPINE REACTOR WILL HAVE A SUBSTANTIAL EFFECT ON BOTH THE GLOBAL COMMONS AND U.S.
TERRITORY Few environmental problems are more significant, or more global in scope, than those posed by the management of nuclear waste material. The choices which the United States makes
with regard to its nuclear export activities will have inevitable consequences in terms of the generation of wastes which must be managed for long periods in the future. Such is the legacy that exported nuclear reactors create for future generaticns of Americans, as well as for the rest of the world's population. In the case at hand, disposal of the nuclear waste material generated by the proposed Philippine reactor poses a threat to both the global commons and the territory of the United States that should be scrutinized seriously by the NRC in this proceeding. 5 t
It appears that long-term storage or disposal of spent fuel in the Philippines [ .is impossible. The nuclear waste material generated by the proposed Philippine . reactor ultimately will be shipped out of that country. One possible destination for such spent fuel is t.he Unit,ed States. This option has been explicitly mentioned in the Phillippines and is implied by the text of the Agreement for Cooperation that the U.S. government signed with the -
Philippines on July 19, 1968. BRDA 1542 at 3-109. If it is effected, the shipping of spent nuclear fuel back to the United Ltates will have clear domestic impacts both on the environment and on the health and safety of the American public. Such impacts, the National Environmental Policy Act of 1969 stipulates, must be thoroughly studied by the NRC prior to the issuance of any nuclear export license. 42 U.S.C. S4321, et seq.; See generally S102 (2) (C) .
As an alternative, the Philippine government might decide to dispose of certain mid- and low-level nuclear wastes generated
by the reactor by dumping them into the ocean. The government is clearly at liberty to take such action, even under the provisions of the 1972 Convention on the Prevention of Marine Pollution by Dunping of Wastes and Other Matter (the " London Dumping Convention"). But significant questions exist as to the suitability of the oceans as a repository for radioactive wastes.
As a major user of global ocean resources, the U.S. has a direct interest in protecting the high seas from the potentially serious impacts of ocean dumping of nuclear waste materials. Since June of 1970, the United States has not permitted any of its own radioactive wastes to be dumped into the ocean. The interests underlying this domestic policy apply with equal force to the dumping of nuclear wastes from the proposed Philippine reactor.
Under the London Dumping Convention, the U.S. has consistently advocated the need for actual studies of the impacts associated with ocean disposal of low-level radioactive wastes in order to substantiate hypothesized release and transport events in the deep oceans. These U.S. positions, as presented to IMCO, IAEA and the OECD/NEA, are sound and should not be undercut by a policy determination that might well result in another country disposing of its wastes without adequate consideration for these concerns.
The obvious risks to the global commons posed by possible ocean dumping of spent Philippine reactor fuel coexist with a series of potential impacts on health, safety, and environment in the United States. As the NRC has recognized, environmental impacts on the global commons which also affect U.S. territory trigger the requirements of NEPA:
_7_
The obligation of S102 (2) (C) plainly extends to considering the global impacts of major federal actions specifically affecting the environment which also have substantial impacts within the United States ...
In te Babcock & Wilcox, 5 NRC 1332, 1344, CLI-77-18 (1977)
(emphasis added). MEPA, in turn, explicitly stipulates that such impacts must be independently analyzed by the NRC in its licensing process. 42 U.S.C. S4321, et seg.
It has been argued that the potential effects of nuclear reactor exports on the global commons and U.S. territory were previously examined in ERDA-1542, a generic environmental impact statement published in 1976. In retrospect, however, ERDA-1542 appears to have been an effort to rationalize a decision already made to continue U.S. nuclear power export activities under essentially the conditions existing at that time.
, In this EIS, the assumed benefits of export activities were trumpeted loudly, reasonable alternatives were cursorily dismissed, and serious risks were minimized. It is a flawed and dated document.
The problems associated with nuclear waste management were explicitly deemed to be "beyond the scope" of ERDA-1542, and were scarcely mentioned. ERDA-1542 at 14-11. Such problems were never incorporated into the cost-benefit analysis that was used to justify the Statement's conclusion that nuclear exports generally do not pose a substantial threat to the global environment. Id, Ch. 13. These omissions were purportedly based on an assumption that, "The U.S. does not have a commitment to manage radioactive wastes generated abroad." Id at 1-12. Such an assumption clearly overlooked the factual contingencies presented by a situation like __
that of the case at hand, where the U.S. has contemplated the domestic disposal of spent nuclear fuel which a recipient country cannot store on its own. It is evident that the analysis contained in ERDA-lS42 grossly oversimplified the potential impacts of nuclear waste disposal both on U.S. territory and on the global commons.
Equally as evident is the fact that the Statement is now seriously out of date. Since it publication four years ago, there has been a general recognition not only of the problems of radioactive waste disposal, but also of the increasing risks of nuclear proliferation and the inadequacy of international safe-guards. For this reason, ' the regulations of the Council on Environmental Quality implementing NEPA require the federal government to prepare a new, updated EIS on all nuclear exports.
The law further requires that any such supplemental Statement must completely analyze all of the potential effects of spent fuel problems on the global commons and U.S. territory. 40 C.F.R.
51502. 9 (c) (1) (2) .
The potential environmental, health and safety problems associated with the management of the reactor's spent fuel can have serious, global impacts. Such risks associated with the pro-posed Philippine reactor export are quite unique and must be fully and individually addressed by the NRC under the statutes governing its licensing review procedures. The existence of ERDA-1542 cannot relieve the Commission of its legal obligation to analyze the impacts
of this export to the extent that those impacts were not covered adequately in the previous generic Statement. 1/
~1/
ERDA-1542 was self-defined solely as a programmatic analysis and does not purport to examine any site specific impacts or alternatives to the proposed action. The export of a nuclear facility to the Philippines poses significant risks. The proposed facility will be constructed on a precarious site which lies in an earthquake fault zone and in an area prone to significant volcanic activity. Any accident at the f acility would threaten the well-being of thousands of U. S. citizens. As mentioned in our Statement of Views, dated November 19, 1979, these potential impacts must be independently assessed by the NRC.
- s
_lo_
III. CONCLUSION For the reasons set forth above, we submit that the Commission cannot lawfully grant the proposed export license withont (1) an evalua-tion of the health, safety, and environmental hazards specifically associated with the nuclear reactor in the Philippines and (2) the preparation and consideration of an EIS, supplementing and updating ERDA-1542 and addressing in particular the possible environmental impacts upon the U.S. and the global commons associated with the disposal of radioactive wastes from the reactor.
~
Respectfully submitted,.
Dm kr #7,nm
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Jal'es N. Barnes '
Clifton E. Curtis Timothy C. Harrison
- Center for Law and Social Policy 1751 N Street, N.W.
Washington, D. C. 20036 Counsel for Sierra Club, Natural Resources Defense Council, National Audubon Society, Philippine Movement for Environmental Protection, and the Friends of the Earth.
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