ML19308A242

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NRC Answer to Motion by Nrdc,Ucs & Sierra Club for Extension of Time Until 790125 to Submit Written Comments Re Application to Export SNM to India.Nrc Has No Objections to Motion.Certificate of Svc Encl
ML19308A242
Person / Time
Site: 07002738
Issue date: 01/08/1979
From: Becker J
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7901230201
Download: ML19308A242 (4)


Text

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January 8, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of EDLOW INTERNATIONAL COMPANY

) License Application No. XSNM-1222 (Agent for the Government of India Docket No. 70-2738 4

on Application to Export Special 6

g Nuclear Materials)

)

D JAN 273 > ~2 NRC STAFF ANSWER TO

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PITITIONERS' MOTION TO EXTEND LA

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TIME FOR FILING WRITTEN COMMENTS Og} w \\

W.

3 By motion dated January 5,1979, the National Resources Defense Council, Union of Concerned Scientists, and the Sierra Club (Movants) requested the Comission to extend the date set by the Comission by order of December 8,1978 for submitting written coments on the above-captioned matter from January 11, 1979 to January 25, 1979, as well as the time for submission of reply coments from January -2,1979 to February 1, 1979.

The basis for the Movants' request is, essentially, that documents requested by them under the Freedom of Information Act from the Comission and the Departments of State and Energy were not expected to be produced until January 5,1979 at the earliest, and that classified documents, which contain the most significant information, could not be produced until after the January 11, 1979 deadline, because of the need for declassification. Movants argue that this would seriously impair their ability to provide meaningful comments and analyses to assist the Comission in making its decision, thus defeating the Comission's purpose in ordering the hearing.

2-The Staff agrees that an extension of time for filing written comments on the subject matter is desirable if some documents requested under the Freedom of Information will not be available until after the time set by the Commission for submission of written comments, although it notes that the Movant's waited eleven days afte'r the Commission's order setting the January 11, 1979 date for submission of written comments before filing their Freedom of Information Act request for documents.

Accordingly, the Staff has no objection to the Movants' request for extension of time for submission of written comments and reply comments on the above-captioned matter to January 25, 1979 a,d February 1,1979, respectively.

Respectfully submitted, Joanna M. Becker Counsel for NRC Staff Dated at Bethesda, Maryland this 8th day of January,1979 9

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

EDLOW INTERNATIONAL COMPANY

)

License Application No. XSNM-1222 (Agent for the Government of India Docket No. 70-2738 on Application to Export Special

)

Nuclear Materials)

)

i CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO PETITIONERS' MOTION FOR EXTENSION OF TIME TO SUBMIT WRITTEN COMMENTS" in the above-captioned proceeding has 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 Commission's internal mail system, this 8th day of January 1979.

Clifton E. Curtis Daniel F. Ford, Esq.

James N. Barnes, Esq.

Executive Director Center for Law and Social Policy Union of Concerned Scientists 1751 N Street, N.W.

1208 Aassachusetts Avenue Washington, D.C.

20036 Cambridge, Massachusetts 32138 Thomas B. Stoel, Jr., Esq.

Ms. Diane Wright Harmon S. Jacob Scherr, Esq.

Assistant to the Vice President Natural Resources Defense Edlow International Company Council, Inc.

1100 17th Street, N.W.

91715th Street, N.W.

Washington, D.C.

20036 Washington, D.C.

20005 D;. Zbigniew Brzezinski George C. Deptula, Esq.

/ssistant to the President for Union of Concerned Scientists National Security Affairs 1025 15th Street, N.W.

The White House Washington, D.C.

20005 Washington, D.C.

20500 Mr. Louis Nosenzo Ronald J. Bettauer, Esq.

Deputy Assistant Secretary for Deputy Assistant Legal Adviser Nuclear Energy and Energy Department of State Technology Affairs Washington, D.C.

20520 Department of State Washington, D.C.

20520 Mr. Peter Tarnoff Executive Secretary Department of Justice Washington, D.C.

20520 e

EDLOW INTERNATIONAL COMPANY '

. Barbara 0'Malley, Esq.

Mr. Herbert Scoville, Jr.

Department of Justice 6400 Georgetown Pike Room 3621 McLean, Virginia 22101 10th & Pennsylvania Ave., N.W.

Washington, D.C.

20530

  • Mr. Chase Stephens, Chief Docketing and Service Section Honorable Richard L. Ottinger U.S. Nuclear Regulatory Comission U.S. House of Representatives Washington, D.C.

20555 Washington, D.C.

20515

  • Samuel J. Chilk, Secretary Mr. William W. Lowrance U.S. Nuclear Regulatory Comission Harvard University Washington, D.C.

20555 Program for Science and International Affairs

  • James L. Kelley, Esq.

9 Divinity Avenue Acting General Counsel Cambridge, Massachusetts 02138 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 The Honorable Clarence Long U.S. House of Representatives Washington, D.C.

20515 nna M. Becker unsel for NRC Staff

.