ML20204D279
| ML20204D279 | |
| Person / Time | |
|---|---|
| Site: | 07002738 |
| Issue date: | 12/08/1978 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 7812140212 | |
| Download: ML20204D279 (5) | |
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M1C DOCUMENT nong
..p-UNITED STATES OF AMERICA l NUCLEAR REGULATORY COMMISSION 1
COMMISSIONERS. y Joseph M. Hendrie, Chairman //
Victor Gilinsky Richard T. Kennedy gl Peter A. Bradford
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, John A. Ahearne
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) N e In the Matter of )
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EDLOW INTERNATIONAL COMPANY Docket No. 70-2738 ;
(Agent for the Government of India on ) License No. XSNM-1222 !
Application to Export Special ) _j Nuclear Materials) )
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_0RDER I. Background and Summary On February 13, 1978, the Natural Resources Defense Council, the Sierra Club, and the Union of Concerned Scientists filed two motions 1 with the Commission. The first requested the Commission to resume the hearings the Commission held in July 1976 on exports of low-enriched uranium to India. The second requested that the Commission consolidate -
consideration of applications XSNM-1060 and XSNM-1222, two applications for low-enriched uranium to be used at the Tarapur Atomic Power Station in India. On March 6,1978 the Commission granted Petitioners' request th.t license application XSNM-1222 be consolidated with XSNM-1060. CLI-7E 4, ,
N See CLI-76-6, 3 NRC 563 (1976j and CLI-77-20, 5 NRC 1358 (1977) for a description of these hearings.
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7 NRC 311. On April 24, 1978, the Commission deaied the motion request-ing a further public hearing on XSNM-1060, and deferred its decision on whether a hearing should be held on XSNM-1222 until it had received the views of the Executive Branch on that license application. CLI-78-9, 7 NRC 455.
On September 15, 1978, the Executive Branch provided its views on XSNM-1222, recommending that the Comission issue XSNM-1222. Petitioners responded to this submission on October 31, 1978 by filing a supplemental memorandum renewing their earlier request for a hearing. On November 14 and 15, the Commission's Staff and the Executive Branch filed responses to Petitioners' motion opposing further hearings.
The Commission has reviewed these submissions and finds that further public proceedings on a written basis will be in the public interest and will assist the Comission to make the statutory determina-tions required by the Atomic Energy Act. -2/42 U.S.C. 5 2155a,10 CFR 5 110. 84 (a ) . Part II of this Order establishes the framework for a hear-ing consisting of written coments under i 110.85 of our Rules, and announces the schedule which will govern this proceeding. This order will also be published in the Federal Recister. The Commission will
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c'onsider whether an opportunity for oral presentations to the Commis-sien is warranted, after reviewing written comments received.
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Chairman Hendrie and Commissioner Gilinsky voted against conducting further public proceedings.
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II. Notice of Hearino Consisting of Written Comments' Petitioners' February 13, 1978 motion and supplemental pleading of October 31, 1978 request the Comission to order a public hearing.
Based on this request, we are ordering a hearing focusing on four topics: (1) the sufficiency, for purposes of the Nuclear Non-Proliferation Act (NNPA). of Indian Prime Minister Desai's assurances that "he will not authorize nuclear explosive devices or further nuclear explosions"; (2) the adequacy, for purposes of the NRC's determination under the NNPA, of the safeguards applied by the International Atomic Energy Agency at the Tarapur facility, and of U.S. government informa-
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tion on those safeguards: (3) the status of U.S.-India negotiations regarding the return of spent fuel from Tarapur to the United States for 4 storage; and (4) the need for the fuel reauested.
The NRC staff, the Petitioner and the Department of State will be -
participants in this proceeding. The Commission also invites interested members of the public to submit written comments on issues raised by Petitioners or any other issues pertaining to the proposed export of '
nuclea'r fuel to India and which relate to statutory determinations the' Commission must make under the Atomic Energy Act of 1954, as revised 3 by the Nuclear Non-Proliferation Act of 1978. Written comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555,' Attention: Chief, Docketing and Service Branch, by January 11, 1979. Participants may file responses to comments subritted ,,
by other participants. These reply comments should be submitted by .
4 Ja nua ry. 22, 1979. This public ~ proceeding will be deemed to be completed on January 29, 1979, unless the Commission has, by that date, ordered oral presentations. If the Commission orders oral- presentations, they will be held 14' days af ter the Commission orders them. In that-instance,.
i the public proceeding shall be deemed to be completed at the conclusion of the parties' oral presentations. l Further instructions regarding participation in this hearing consisting of written conments are set forth in.10 CFR.Part 110, Sub-parts I.and J.
It .is so ORDERED.
For the Commission.
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/ SAMUELJ.jCHILK '
Secretary of tlie Commission Dated at Washington, D.C.,
this 8th day of December, 1978.
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SEPARATE VIEWS OF COMMISSIONER GILINSKY I would have preferred to see the Commission act on this application. I believe sufficient information is available to make a decision. It seems to me that written submissions from the public are not likely to so change this situation as to justify the time spent in the proceeding.
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