ML19309C508

Discusses Judicial Review on Behalf of Ctr for Development Policy & Movement for Free Philippines.Urges Delay of Export License Issuance,For Seven Working Days After Commission Opinion,In Order to Avoid Hasty Litigation

ML19309C508
Person / Time
Site:	05000574
Issue date:	03/21/1980
From:	Asher T ASHER, T.R., PC
To:	Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
NUDOCS 8004080689
Download: ML19309C508 (2)

Text

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I.4w OrricEs 7 Tito>ias If. Assit:le. P. C 12!!2 SEV ENTEENTn S T fil!ET. N. W. i Tit!His Ft.ooit e nsulmnox. It c. eoo:m i 1

teow me-mw i March 21, 1980

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BY. MESSENGER // /

i DQCtGETD A (Etmo Leonard Bickwit, -

pff( g i 980 > 3 J

g e twf General Counsel U.S. Nuclear Regulatory Commission gs Olggtedo 1717 H Street, N.W.

g e ch f g

Washington, D.C. 20555 m

Re: In re Westinghouse Electric Corp. (Exports to the PhITIppInes[i'~liddEEt'flo."If0-0495; Application No. XR-120; Ap_ plication No. XCOM-0013

Dear Mr. Bickwit:

I am writing as counsel for two organizations which have petitioned to I

intervene--Center f or Development Policy and Movement for a Free Philippines

(" Petitioners")--to determine if we can reach understandings to assure that judicial review of the Commission's actions in the hotly contested Philippine export matter will take place in as orderly a fashion as possible.

Petitioners' primary concern is that the Canmission might issue an opinion duthorizing the proposed Philippine exports and simultaneously issue export. '

licenses which could result in applicant Westinghouse Electric Corp.'s prompt shipnent of the reactor, component parts and/or fuel to the Philippines. . This '

risk would almost certainly provoke a race to court with opponents of the

. exports seeking injunctive relief on the basis of hastily drawn documents. To avoid such a situation, I suggest that the Commission delay issuing any export license in these matters for seven working days af ter public issuance of its

, opinion ( s) .

.This arrangement will aff ord all parties an opportunity to study carefully the Connission's opinion (s) and actions and proceed to take whatever judicial action seems warranted. I should note that my clients' preliminary decision i

is to seek judicial. review of any Commission action authorizing any of the propos ?d Philipp ine exports.

800A080689

Leonard B ickwit, Esq.

March 21, 1980 Page tw I request your agreement to the above proposal as soon as possible--preferably within one week--rather than leaving Petitioners and other concerned parties in limbo on this vital question until the day the Carmission actually acts and makes public its decision. With this assurance, the risks of unnecessary or unnecessarily hasty litigation and requests for preliminary judicial relief can be minimized.

Looking forward to your prompt reply, I am Yours sincerely, ,

-)

Thanas R. Asher TRA/lb cc: All Conmissioners Samuel Chilk Ronald J. Bettauer, Esq.

Barton Z. Cowan, Esq.

Lindsay Mattison