ML20002C267
| ML20002C267 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/1980 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Kennedy R NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8101090840 | |
| Download: ML20002C267 (3) | |
Text
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~~ December 18, 1980 Mr. Richard T.
Kei.edy Leader, NRC Transition Team U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555
Dear Sir:
Subject:
Status of Philippine Lawsuit and Executive Order 12114 In response to your request, we have prepared the enclosed one-page summary of the memorandum of December 16, 1980, prepared by Carlton Stoiber, entitled " Status of Philippine Lawsuit and Executive Order 12114."
Sincerely, prh 3
J mes A. Fitzgerald ssistant General Counsel
Enclosure:
Summary Of
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Summary of the Status of Philippine Lawsuit and Executive Order 12114 A.
The Philippine Reactor Case After an extensive inter. agency review and solicitation of public comment, the. Commission on May 6, 1980 issued an order authorizing the export of a nuclear reactor to the Philippines.
The Commission rejected arguments made by several intervenors that the Atomic Energy Act of 1954, as reaended by the Nuclear Non-Proliferation Act of 1978, and the National Environmental Policy Act required the Commis-sion to analyze and consider in its licensing decisions the health, safety, and environmental impacts that would occur in the Philippines'(including' impacts on J. S.
military bases located in the Philippines) as a result of the. reactor export.
Several environmental groups sought judicial review of the Commission's order in the Court of Appeals for the District of Columbia Circuit.
The Court heard oral argu-ments on September 26, 1980, but has not yet rendered its decision on the merits.
The Court,however, on December 10, 1980, denied a motion filed by petitioners' requesting that l
the Court partially stay the NRC order.
A stay would l
l have prevented certain major components fr'om leaving the
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United States prior to issuance of the Court's opinion on the merits.
The decision not to stay the Commission's order is an indication that the Court probably will rule with the Commission on the merits.
Enclosure i
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Executive Order 12114 -
On January 1979, President Carter issued E.O. 12114 entitled, " Environmental Effects Abroad of Major Federal Actions."
The order establishes a process under which a " concise environmental review" is prepared by the Executive Branch on each proposed export of a nuclear reactor.
The State Department has taken the lead in preparing these assessments.
In its Philippine opinion, the Commission stated that upon request it would assist the Executive Branch to prephre the concise environmental review.
The Commission, however, in its licensing decisions, will only take into account health, safety and environmental impacts on the United States' territory or the global commons.
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Enclosure
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