ML20205F486
| ML20205F486 | |
| Person / Time | |
|---|---|
| Site: | 07002071 |
| Issue date: | 05/07/1976 |
| From: | NRC |
| To: | |
| Shared Package | |
| ML20205F467 | List: |
| References | |
| PR-76-109, NUDOCS 9904060277 | |
| Download: ML20205F486 (3) | |
Text
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DJUCLEAR REGULATORY uuwmucomm W A S H D.]G T D % D. C. 2 0 5 3 5 No.76-109 FOR IIMDIATE RELEASE Tel. 301/492-7715 (Friday, May 7,1976) I l
1 NRC .T0 HOLD PUBLIC HEARING ON APPLICATIONS TO EXPORT URANIUM TO INDIA The Nuclear Regulatory Comnission has decided to hold a legislative-type public hearing on issues raised by two applications for licenses to export low-enriched uranium to India to fuel the Tarapur Atomic Power Station. The hearing is tentatively scheduled for June 3.
The decision was announced today in a 64-page Opinion in which the
- Commission addressed a petition by three organizations seek.ing a public i hearing on the applications.
The Comission determined that the organizations--the Natural Re-sources Defense Council, the Sierra Club, and the Union of Concerned Scientists--have shown no legal right to intervene in the Comission's consideration of the applications and to have a trial-type hearing.
Nevertheless the Commission concluded that an open public hearing of the type conducted by Congressional committees in considering similar matters
. was appropriate in the circumstances. -
The petitioners have been invited to participate in the hearing, which will be conducted by the Comissioners. Other participants in the proceeding are the Department of State and the NRC staff. Details of the hearing will be announced soon in a Federal Register notice.
In scheduling the! hearing as a discretionary matter, the Commission noted that this is the first instance in which the NRC, or its predecessor, the Atomic Energy Commission, had received a request to intervene and to hold a hearing in an export licensing proceeding.
The Opinion added: ;
"Because of the absence of precedent for public hearings or other forms of citizen participation in export matters, not only in our own agency, but in many other fields having a foreign policy aspect, we believe
. that an experimental, exploratory approach is best calculated to reveal whether broader participation can assist the Commission in performing its export licensing function, and what the practical consequences of such participation may be....
9904060277 760819 PDR COMMS NRCC '
CORRESPONDENCE PDR
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_y "An open legislative-type hearing can be conducted without prejudicing the important national interests on which export licensing determinations are made.... Adjudicatory procedures are well suited to the resolution of concrete, factual disputes; broad public interests can be aired more appropriately and more effectively in an open public hearing of the type conducted by Congressional comittees when they deal with similar issues."
The Commission expects to be able to act on the two applications next month and may act on one or both of the applications prior to the conclu-sion of the hearing if it finds a need for expedited action. If licensing action is taken before completion of the hearing, the Commission noted that, because of the general nature of the question, the hearing would continue to completion for the purpose of assisting in future decisions relating to shipments for Tarapur.
The Opinion dealt, in part, with the question of whether the peti-tioners had " standing"--a valid legal basis for intervention. The peti-tioners had based their request on the possible health consequences in India of the operation of the Tarapur station, the danger of proliferation, and an asserted need for information. Th.e Commission found, in each instance, that the petitioners' claimed interests did not meet; the neces-sary criteria of directness, concreteness and immediacy and in certain respects addressed matters beyond the scope of the NRC's export licensing authority. ~
The Opinion stated that written comments are invited from the present participants and from the public. Comments from the participants who are invited to take part in the oral hearing should be provided to the Com- ,
I mission no later than May 24. Public coments should be received by the Commission within .3 days after publication of a Federal Register notice.
The NRC staff has been engaged in a study of the question of public participation in the export licensing process since Jaauary of this year.
Pending any new procedures which may be adopted as a result of that study, l the staff will continue its current practice of posting all applications in the NRC's Public Document Room (1717 H Street, H.W. , IIashington, D.C.)
together with any unclassified supporting files as they becomo available.
Also, there will be a periodic mailing of recent filings to anyone interested in receiving it. The Commission also has directed the staff to publish a notice in the Federal Register that, for an interim period, petitions to -
I intervene in an9 export application proceeding will be timely only if filed within 30 days of the time the application is posted.
Copies of the Commission's Opinion in this matter are available for inspection in the NRC's Public Document Room.
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t UNITED STATES NUCLEAR REGULATORY COMMISSION Washington, D. C. 20555 4 q l
- 0',L'Ec' i
I I COMMISSIONERS:
Marcus A. Rowden, Chairman ! J& 2 M > -
Edward A. Mason 4 o,... +. 5g,; 9 Victor Gilinsky ' **"h Richard T. Kennedy N N 4 l
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! )
In the Matter of ) License No. XSNM-805 EDLOW INTERNATIONAL COMPANY )
Agent for the Government of India on ) Docket No. 70-2071 Application to Export Special Nuclear ) (asamended)
Material )
)
MEMORANDUM AND ORDER The Commission has now obtained the information it requires to act cn License XSNM-805, as amended. The urgency with which this license is required by the Government of India and the need to avoid, on the part of the United States, undue adverse impact on U.S.. foreign policy interests persuade us to make our decision at this time. This action is taken wholly without prejudice to our review of the issues arising in connection with License Application XSNM-845 which will be the subject of forthcoming public hearings
, before the.Comm.ission. ... , , ,
We find that License No. XSNM-805 meets all the standards relevant for issuance under the Atonic Energy Act of 1954 and the Energy Reorganization Act of.1974 and hereby direct.the Assistant Director.for Exports-Imports.and International Safeguards to issue said license to the Edlow International l Company.
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