ML20205E650
| ML20205E650 | |
| Person / Time | |
|---|---|
| Site: | 07002071, 07002131 |
| Issue date: | 05/20/1976 |
| From: | Goldbloom I, Martin T JUSTICE, DEPT. OF, STATE, DEPT. OF |
| To: | |
| Shared Package | |
| ML20205E625 | List: |
| References | |
| NUDOCS 9904050249 | |
| Download: ML20205E650 (5) | |
Text
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4 Before the 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) i Special Nuclear Material)
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RESPONSE OF THE DEPARTMENT OF STATE TO PETITIONERS' MOTION FOR EXTENSION OF TIME TO SUBMIT WRITTEN COMMENTS AND FOR DEFERRAL OF PUBLIC HEARING The Department of State, by its undersigned attorneys, hereby respectfully responds to the Motion for an Extension
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of Time filed by petitioners, the Natural Resources Defense Council, Inc., the Sierra Club, and the Union of Concerned Scientists, on May 14, 1976.
The Nuclear Regulatory Commission has consistently recognized the need'for expeditious action with respect to License Applications XSNM-805 and XSNM-845.
In its Opinion of March 26, 1976, the Commission indicated its intention "to act on both license applications as promptly as we can reason-ably do so."
(Opinion, p. 8.)
Similarly, in its Opinion of May'7, 1976, the Commission recognized the need "to make its decision on the export applications as expeditiously as possible."
(Opinion, p. 36.)
As a result, the Commission 9904050249 760525 PDR COMMS NRCC CORRESPONDENCE PDR
w scheduled its legislative-type hearing for June 2, 1976, and stated in its Notice of Hearing that "the hearing'will be conducted as expeditiously as is consistent with meaningful public participation to permit the Commission to act on license applications in XSNM-805 and XSNM-845 no later than June 1976."
(Notice of Hearing, p. 10.)
By their Motion for Extension of Time dated May 14, 1976, petitioners indicated that the complexity of the issues in-volved in the scheduled legislative proceedings as well as the' necessity to assemble expert witnesses and prepare rele-vant submissions necessitated an extension of time in which to submit written comments t'o and including July 8, 1976 (45 days), with a subsequent deferral of the public hearing as
.well as the time for submission of questions and/or rebuttal material until such date after July 8 as the Commission may deem appropriate.
The petitioners also stated that if action were necessary with respect to XSNM-805 "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."
In recognition of the Commission's desire to allow for a legislative-type hearing and the submission of facts and opinions and in order to accommodate, to the extent possible, the request of petitioners for an extension of time, the 2
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Department of State sought from the Indian Government informa-tion indicating under what supply conditions such an exten-sion could be granted.
In these communications, it has been represented that the granting of License Application No. XSNM-805, as presently constituted, would not be sufficient to sustain the requirements for their nuclear fabrication pro-cess during the proposed 45-day period.
However, the licensing and transport of an additional six tons of U235 necessary for the July 1977 refueling would permit an extension for the 45-day period and, indeed, for an additional segment of time in which the Commission can make its decision.
In consideration of all of these factors, petitioners and the Department of State have agreed to the following condi-tions under which, with the Commission's approval, an exten-sion of time might be granted without prejudicing the rights of any parties or jeopardizing the Indian requirements for electrical power:
(1)
License Application No. XSNM-805 will be amended so that it will constitute three tons of 2.1%
U235 and six tons of 2.66% U235.
License Application No. XSNM-845 will be appropriately reduced by six tons.
(2)
Petitioners will raise no further objection to the granting of amended License No. XSNM-805.
(3)
Neither petitioners nor the State Department 3
r waive any legal arguments with respect to License No.
XSNM-845.
Petitioners, in raising no further objections to the licensing of amended XSNM-805, do so on the con-dition that this does not. involve a waiver.of any legal arguments with respect to the merits of granting License XSNM-845 and that it is without prejudice to legal rights or arguments raised in both XSNM-805 and XSNM-845.
(4)
The Government of India has advised the D,epart-ment of State that the time for shipment by sea of XSNM-845, as amended, in order to avoid disruption of India's processing of nuclear fuel is September 1, 1976.
In recognition of such advice from the Government of India, the petitioners believe that, barring unforeseen cir-cumstances, the proceeding relating to XSNM-845, includ-ing the 45-day extension, would permit the Commission to render a decision in time for such a shipment.
In light of the above, the Department of State does not oppose the petitioners' request for the 45-day extension of time under the specific conditions stated above.
We are authorized to state that counsel for petitioners agrees to the conditions set forth above if the Nuclear Regulatory
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Commission Staff.and the applicant (Edlow) agree to all such l
conditions.
Respectfull su mitted, i
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g IRWIN GOLDuL60M Deputy Assistant Attorney General I
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f TIIOMAS S. MAltflN Special Assistant to the Assistant Attorney General Department of Justice Wsshington, D. C.
20530 Telephone:
739-3301 Attorneys for Department of State The understandings stated above are an accurate state-ment of the agreement reached between petitioners and the Department of State.
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/7Esttr-ELDON V. C.
GREENBERG Center for Law and Social Policy 1751 N Street, N. W.
Washington, D. C.
20036 Telephone:
872-0670 Attorney for Petitioners Dated:
May 20, 1976 5