ML20205E645
| ML20205E645 | |
| Person / Time | |
|---|---|
| Site: | 07002071, 07002131 |
| Issue date: | 05/21/1976 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML20205E625 | List: |
| References | |
| NUDOCS 9904050246 | |
| Download: ML20205E645 (6) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION Washington, D. C. 20555 In the Matter of
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License No. XSNM>805
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Docket No. 70-2071 EDLOW INTERNATIONAL COMPANY
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License No. XSNM-845 (Agent for the Government of
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Docket No. 70-2131 India on Application to Export
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ORDER On March 2, 1976, three organizations (Sierra Club, Natural Resources Defense Council, Inc., and the Union of Concerned Scientists) filed a Petition with The Nuclear Regulatory Commission seeking to intervene in these licensing proceedings for the export of low-en,-iched uranium fuel for use in the Tarapur Atomic Power Station near Bombay, India. After an exchange of written pleadings between Petitioners, the Department of State and the NRC Staff, the Commission held a preliminary hearing on the procedural issues posed by the Petitions on March 17th.
After a thorough review of the oral and written record in this matter, the Commission issued its Opinion on the preliminary issues on May 7, 1976.
Among other things, the Opinion denied the Petitioners standing to intervene in this proceeding as a matter of right under Section 189 of the Atomic Energy Act of 1954.
Ilowever, the Commission decided, as a matter of discretion, to hold a legislative type hearing on the issues raised in connection with these license applications.
9904050246 760525 PDR CurW95 NRCC CORRESPONDENCE PDR
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_2-Therefore, the Commission directed the NRC Staff to prepare and publish a Federal Register notice, setting forth the details concerning the public, legislative type of hearing which the Commission intended to convene on or about June 3,1976.
The May 7th Opinion was served on the various participants in the preliminary proceedings on i
May 7, 1976. The resulting Federal Register Notice was delivered to the participants on May 14, 1976 and published in the Federal Register on May 17, 1976.
On the same day that the Commission's notice of hearing was served on the participants, the Petitioners filed a Motion for Extension of Time to Submit Written Comments and for Deferral of Public Hearing. That Motion sought deferral of the date on which proposed testimony for the hearing was j
due until ' July 8,1976, a period of forty-five (45) days, with the hearing to follow. The Memorandum of Points and Authorities supporting the Motion cited two basic' reasons for deferring the hearing.
First, the Petitioners averred that " access to and an ability to critique all available informa-tion with respect to the Tarapur Atomic Power Station (" TAPS"), in particular, and the Indian stance vis-a-vis non-proliferation, in general, is likely, at least on some issues, to be critical to the presentation of l
l meaningful, in-depth comments at the public hearing." Attached to the Petitioners' Motion, therefore, were requests for information concerning 1
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[ these matters under the Freedom of Information Act.
The Petitioners asserted that-"... until Petitioners and their experts have had an opportunity to examine materials made available, any presentation of
'iews to the Commission would necessarily be premature." The second reason for deferral presented was that ten (10) working days would be "too short a time to assemble expert witnesses and to prepare all relevant submissions."
On May 20, 1976 the Commission was served with the Response of the Department of State to Petitioners' Motion for Extension of Time to Submit Written Comments and for Deferral of Public Hearing. We note that this Response also constitutes agreement between attorneys for the Petitioners and the Department of Justice (acting on behalf of the Department.of State) respecting the scheduling of the oral hearing and the receipt of written comments, as well as the filing of an amended license application in XSNM-805.
In this regard, the Response noted the statement in the Petitioners' Motion of May 14th that, if action on license application
- XSNM-805 "is necessary", "... then the Commission should act on that application but do so specifically without prejudice to full consideration of the issues raised by Petitioners with respect to license application XSNM-845."
After obtaining.further information from the Indian Government
. concerning fuel supply conditions at the Tarapur Atomic Power Station,
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_4 the Department of State represents that the quantities of material reflected in the present application XSNM-805 would not be sufficient to sustain the requirements of the nuclear fabrication process supporting the Tarapur reactor during the period of delay Petitioners propose. The Department of State and Petitioners have agreed that, in order to permit an extension of.. time adequate for preparation for hearings, an amended j
1 license application filed for XSNM-805 would be both appropriate and unobjectionable.
The Response states that the amended application would be for "three tons of 2.1% U-235 and six tons of 2.66% U-235.
License Application No. XSNM-845 will be appropriately reduced by six tons." The letter dated May 21 from the Edlow International Company was more specific, indicating that the quantities in amended XSNM-805 would be "231.28 kgs U-235 contained in 9165.6 kgs U enriched to a maximum of 2.71%."
In light of the agreement of the participants to an extension of time for the hearing, the Petitioners agreed not to raise further objection to the granting of amended License Ne. XSNM-805.
The agreement between the participants was made "on the ccndition that this does not involve a waiver of any legal arguments with respect to the merits of granting L.icense XSNM-845 and that it is without prejudice to legal rights or arguments raised in both XSNM-805 and XSNM-845."
In view of the new information obtained by the Department of State, and the agreement between the Petitioners and the State Department, which has been concurred in by the NRC Staff and the Edlow International Company as Agent for the Government of India, the Commission believes that an
r extension of time would be appropriate in these proceedings.
Therefore, a revision of our earlier Federal Register notice will be prepared, to 1
be consistent with the following points:
(1) the time for receipt of written comments will be extended to July 8, 1976.
These comments shall include the text of any factual 1
or other statements intended to be presented at the oral hearing l
(2) the oral hearing in this matter will be rescheduled for the I
week of July 19, 1976, with a further, specific notice as to the date to be published at least 30 days before the hearing date; (3) individuals.other than those who made presentations at the Commission's March 17th hearing may file comments concerning the matters discussed as appropriate for the hearing in the Commission's Opinion of May 7th, with a statement as to their interest in appearing at the oral hearing. The Commission will promptly decide whether to admit such new participants to the oral portion of the proceeding and will notify each individual of its decision well before the hearing date.
The Commission intends to act as expeditiously as possible in its l
review and consideration of the amendeu License application XSNM-805 when that amended license application is filed.
Neither the decision announced today on the request for extension of time, nor any decision on amended license XSNM-805 will bind the Commission's judgment of the I
.. issues to be considered in the forthcoming hearing and decision.
For the Commission b.
fSamuel'J.Chilk N
SecretaryoftheCommission Dated at Washirigton, D. C., this 21st day of May 1976.
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