ML20030B901
| ML20030B901 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Perlas J P AFFILIATION NOT ASSIGNED, CENTER FOR DEVELOPMENT POLICY, PHILIPPINE MOVEMENT FOR ENVIRONMENTAL PROTECTION |
| References | |
| CLI-81-18, NUDOCS 8108250153 | |
| Download: ML20030B901 (4) | |
Text
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s, DCCqi 3 UNITED STATES OF AMERICA k
-5 NUCLEAR REGULATORY COMMISSION C
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in COMMISSIONERS:
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Nunzio J. Palladino, Chairman h
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Victor Gilinsky f
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$l l ro In the Matter of Docket No. 11000495 WESTINGHOUSE ELECTRIC CORP.
Application No.
(Export of LEU to the Philippines)
XSNM-1471 ORDER CLI-81 18 On April 19, 1979 a petition was filed on behalf of the Center for Development Policy, Jesus Nicanor P. Perlas, III, and the Philippine Movement for Environmental Protection seeking leave to intervene and a hearing on application No. XSNM-1471. Westinghouse Electric Corporation had filed that application with the Commission requesting authorization to export special raclear material to the Philippines.
The material would be used to fuei the Napot Point reactor.
The petitioners also requested the Commission to consolidate consideration of the application with two other pending applications covering exports to the Philippines, XR-120 and XCOM-0013.
Petitioners specifically requested a hearing on seven issues, most of which pertained to whether operation of the Napot Point Y
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XSNM-1471 PDR e
2 nuclear reactor would have an adverse affect 'on the health, safety, an'd environment of individuals residing in the Philippines.
On October 19, 1979, the Commission issued an order soliciting public comments on certain procedural and jurisdictional issues raised by the petition.
It also denied in part the consolidation request, noting that it would not be a9propriate to consolidate the fuel application with the other applications because the Commission had not yet received Executive Branch views on the fuel application. O The Commission consolidated consideration of applications XR-120 and XCOM-0013.
However, the Commission stated that because:
the issues raised by all three applications are schstantially the same,... the Commission would expect to consider all relevant matters pertaining to the Philippine exports in the scope of the proceeding commenced by this order.
Order at pp. 5-6.
After rcceiving the comments solicited by that Order, the Commission solicited a second round of comments focusing on those issues raised by the petition that fell within the Commission's jurisdiction.
On May 15,1980, the Commission issued two orders which authorized the issuance of XR-120 and XCOM-0013.
CLI-80-14,11 NRC 631; CLI-80-15,11 NRC 672.
The Commission's deci-sions of May 15, 1980 have recently been upheld by the Uni,ted States Court of Appeals for the District of Columbia Circuit.
See Natural Resources Defense Council v. NRC, 647 F.2d 1345 (1981).
E.a Commission has decided not to hold further proceedings on the fuel application.
Petitioners are not entitled to a hearing as a matter of right under Section 189 of the Atomic Energy Act. The rationale for this decision U
Pursuant to 10 CFR l'10.84(d), the Commission does not hold public hearings
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until it has received Executive Branch views on an application.
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3 is found in earlier Commission opinions which denied ',he Center for Develop-ment Policy a hearing on export applications relating to contemplated exports to Taiwtn and South Korea.
See In the Matter of General Electric Company, CLI-81-2,13 NRC 67 (1981); In the Matter of Westinghouse Electric Company, CLI-80-30,12 NRC 253 (1980).
In brief, the Center for Development Policy has not asserted the requisite "affected interest" or " injury in fact" which would entitle it to a hearing as a matter of right. E The Commission has now received Executive Branch views on XSNM-1471.
In light of the fact that the earlier proceeding ventilated the issues raised by the fuel application, that the petitioners gave the Commission the benefit of their views in that proceeding, and that the Commission has decided not to consider health, safety and environmental impacts in esaluating fuel export applications, E there is no :sasis for holding further public proceedings on the E~
Petitioner Jesus Nicanor P. Perlas, III is a citizen of the Philippines who is currently residing in the United States.
He has published articles on the potential dangers of nuclear power to Philippine agriculture and lectures on issues relating to nuclear power.
He is also Executive Secretary of the Philippine Movement for Environmental Protection, another petitioner. The Philippine Movement for Environmental Protec-tior, is an unincorporated association comprised primarily of Philippine citizens who reside within 40 miles of the Napot Point reactor site.
It seeks to determine and evaluate the potential risks and benefits of the proposed reactor and assure that citizens of the United States and the Philippines receive pertinent infonnation regarding the Napot Point reactor so that they can fonculate views on matters relating to the reactor.
Under the Commission's previous opinions these interests are not suf-ficient to entitle these petitioners to a hearing as a matter of right j
because they cannot demonstrate, inter alia, " injury in fact".
See In the Matter of Edlow International Company, CLI-76-6, 3..NRC 563; In the Matter of Westinghouse Electric Company, CLI-80-30,12 NRC 253 (1980).
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In the Matter of Westinghouse Electric Corporation, CLI-80-15,11 NRC i
672 (1980); Edlow International, CL1-76-6, 3 NRC 563, 584, 585 (1976).
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4 fuel application.
Accordingly, a hearing would not be in the pJblic interest or assist the Commission in making the statutory detenninations required by the Atomic Energy Act.
The Commission therefore has denied the intervention petition and request for a hearing.
For the Commi.; ion o
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v SAMUEL J. CHILK Secretary of the Commission Dated at Washington, D.C.
this D day of 45F, 1981.
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