ML20127C494

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Forwards Copy of Reply Re May 1992 Ltr Seeking Advice on Whether or Not There Are Reasons Why Export-Import Bank Should Not Help Finance Exports of Equipment & Svcs for Proposed Upgrade & Operations of Philippine Nuclear Power
ML20127C494
Person / Time
Issue date: 08/28/1992
From: Selin I, The Chairman
NRC COMMISSION (OCM)
To: Macomber J
EXPORT-IMPORT BANK OF UNITED STATES
Shared Package
ML20127C497 List:
References
NUDOCS 9209080042
Download: ML20127C494 (1)


Text

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We%q'o, UNITED STATES 8

NUCLEAR REGULATORY COMMISSION n

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WASHINGTON, D, C,20666 :

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August 28, 1992 CHAIRMAN Mr. John D. Macomber President and Chairman Export-Import Bank of the United States Washington, D.C.

20571

Dear Mr. Macomber:

In May 199' the Export-Import Bank contacted the Nuclear Regulatory Commission-seeking advice on whether NRC perceived any reason why the Bank should not j

help finance exports of equipment and services for the proposed upgrade and operations 'af the Philippine Nuclear Power Plant (PNPP-1) under the Philippine-Wastinghouse March 1992 out-of-court settlement. A copy of our reply is _ enclosed-(Enclosure 1).

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I+ * ~ m to our attention that the House Committee-on Appropriations its report, " Foreign Operations, Export Financing, and Related.

P rt.s r, 1priations Bill of 1993," a-requirement that the Chairman of-the Board m xport-Import Bank." certify...that (PNPP-1) will-meet all safety, ivironmental requirements, standards, and regulations-that would f

e allar and currently-operating facility located in the United Committee believes that this certification is:necessary in order e

v 1 4t the United-States government is not _ implicated or blamed for uifficulties related to this facility."

(Enclosure 2)

If this language were to be viewed.as imposing a binding obligation on the-Export-Import Bank, you should be aware that-the NRC is not in a position to certify that a nuclear power reactor = constructed and operated outside' the

-jurisdiction of the United States, will-now and in the future meet various U.S. requirements.

In fact, we~do not see how anyone could doLso'for a plant outside their regulatory control.

Such a certificatiow could be made only by an agency which is. ready and able to exercise on-goini regulatory control of-l the project, control which-i a sovereign responsibility-of the' Government of the Philippines.

We would urge that you ask the Housecand Senate to relieve you of this certifi. cation obligation contained in the House-_ Report.

Sincerely, l

w-Ivan Selin

Enclosures:

As stated 9209080042 920828 PDR COMMS NRCC i'

-CDRRESPDNDENCE PDR

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