ML19309C508
| 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) | |
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Tito>ias If. Assit:le. P. C 12!!2 SEV ENTEENTn S T fil!ET. N. W.
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1 March 21, 1980
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BY. MESSENGER
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DQCtGETD A
i (Etmo pff( g i 980 > 3 Leonard Bickwit, J
General Counsel g e twf gs Olggtedo U.S. Nuclear Regulatory Commission g e ch f
1717 H Street, N.W.
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