ML19294B604

Comments in Response to Commission 791019 & 800208 Orders Re Reactor Export to Philippines.Steps Taken by Philippine Govt Assure No Adverse Health & Environ Effects on Us Global Commons.Certificate of Svc Encl

ML19294B604
Person / Time
Site:	05000574
Issue date:	02/26/1980
From:	Itchon G PHILIPPINES
To:	NRC COMMISSION (OCM)
References
NUDOCS 8003050136
Download: ML19294B604 (8)

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NUCLEAR REGULATORY C010ilSSION ~

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BEFORE THE COMMISSION 4 //

Ca IN THE MATTER OF: ) Application No. XR-120 WESTINGHOUSE ELECTRIC CORP. ) Docket No. 110-0495 (Exports to the Philippines) ) Application No. XCOM-0013 NATIONAL POWER CORPORATION'S (NPC) C0FDfENTS IN RESPONSE TO THE COFDfISSION'S ORDER OF FEBRUARY 8, 1980 The Coc: mission (NRC) af ter reviewing the public comments submitted in response to its Order of October 19, 1979, is again soliciting public coc:ments specifically relating to the export license applications for the Philippine nuclear plant on two specific issues under its Order of February 8, 1980, to wit:

A. The health, safety and environmental effects the proposed exports would have upon the global commons or the territory of the United States, and B. The relationship of these effects to the common defense and security of the United States.

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In response to the above, the National Power Corporation (NPC) makes

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and submits the following ccaments to the Commission:

-A-The proposed exports pending before the Commission in the instant proceedings are intended for the Philippine nuclear plant.

The issue put forth by the Commission on the health, safety and environmental effects the proposed exports would have upon the global commons or the territory of the United States is thus essentially predicated upon the completion of the Philippine nuclear plant and its eventual commercial operation.

Under Philippine domestic law, the design, construction and operation of nuclear plants in the country is under and subject to regulation and licensing by the Philippine Government through the Philippine Atomic Energy Commission (PAEC). The basic Philippine legislation on atomic energy facilities is Republic Act No. 5207, as amended by Precidential Decree No.

1484, pursuant to which the PAEC is empowered to regalate the construction and operation of atomic energy facilities and materials through the issuance of orders and regulations. A perusal of the existing regulations of the

?AEC on atomic energy facilities and materials will readily show that these are essentially and substantially patterned after the regulations of the United States Nuclear Regulatory Commission (USNRC) .

Based on the foregoing premises, the Philippine nuclear plant when completed and under normal operating conditiens, will therefore be essentially

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under similar circumstancer as any other nuclear plant operating " domestically" in the United States under regulations by the USNRC.

Under norsal operating conditions, the health, safety and environ-mental effects of the Philippine nuclear plant will essentially result from effluents, and other wastes generated by such operation of the nuclear plant.

The effluents are planned and programmed releases pursuant to the standards and regulations of the PAEC. The solid and liquid radioactive wastes generated from the operation of the plant shall be subjected to appropriate vaste management procedures and shall be ctored in properly designed facilities to insure that there will be no adverse effects to the surrounding environment.

The above, therefore, assures that the Philippine nuclear plant will not havs any adverse health, safety and environmental effects upon the global commons or the territory of the United States as both terms are defined by the USNRC. ,

In this regard, we take occasion to quote the following findings contained in the Executive Su= mary of ERDA 1542, entitled " Final Envi-ronmental Statement, U.S. Nucicar Power Export Activities":

"The analysis of the raciological impacts from normal nuclear power plant operations abroad, including related fuel cycle activities, suggests that both individual and population doese are quite small when compared with those received from natural background. Indeed, they are a small percentage of the maximum permitted by current U.S. regulations. With respect to radioactive

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waste management, there does not appear to be any serious disparity (comparing nations abroad collectively with the U.S.) in the technology available either for safe retrievable storage or for proceedings with the development of permanent storage of radioactive wastes.

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"A generic analysis of chemical impacts f rom normal nuclear fccility operations abroad leads to the cenclusion that total chemical effluents from such activities are an extremely small fraction of the total chemical effluents releases into the biosphere by the sum of all industrial activities and their net unpact would be negligible even in an absolute sense.

"A sbnilar analysis for waste heat leads to the conclusion that it is highly unlikely'that the annual discharge cf heat will result in any signi-ficant global climatological or ocean impact, although local and possibly regional impacts might be significant if there were to be improper siting or heavy concentrations of plants in certain areas.

"An analysis of nuclear facility accidents likewise is strongly dependent on location. And yet, even for nuclear facilities relatively close to the borders of the U.S. , the accidental doses to the U.S. population from a single accident were found to be less than one millirem to the thyroid and less than 0.1 millirem to the whole body - a small fraction of the maximum permitted by U.S. regulations.

"On the basis of this generic evaluation and review of the many studies and programs previously conducted, it is concluded that there should not be significant adverse global impacts from radio-active, thermal and chemical effluents resulting from the projected volume of nuclear power and fuel cycle activities throughout the end of this century."

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. -B-On the subject of international safeguards and physical security of nuclear materials and equipment, it must be pointed out that the Philip-pines is committed and obligated to the peaceful application of atomic energy and against the diversion of nucicar materials for military purposes and in any activity involving nuclear explosive devices. These commitment of the Philippine Government is indicated and contained in various multi-lateral or bilateral agreements that it has concluded, to wit:

1. Treaty on the Non-Proliferation of Nuclear Weapons (NPT)

2. Application of Safeguards Pursuant to the Non-Proliferation Treaty

3. Agreement for Cooperation in the Civil Uses of Atomic Energy with the Government of the United States of America

4. Membership in the International Atomic Ener3y Agency under the terms of the Statute of the IAEA.

Pursuant to the above international Agreements, the Government of the Republic of the Philippines has granted access and inspection rights to IAEA inspectors to verify and ensure compliance with its obligations under the NPT and the Safeguarda Agreement thereunder. Likewise, the Philippine Government is committed to comply with the levels of physical protection measures of nuclear naterials recommended by the IAEA as set forth in INFCIRC/225/ (corrected), entitled "The Physical Protection of Nuclear Material."

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The nuclear regulatory framework in the Philippines and the procedures and mechanics of the above Agreemants concluded by the Philip-pine Govern =ent has enhanced the national security not only of the United States but also of other countries by providing a stable political and legal basis for the non-proliferation of nuclear weapons.

Thus, the above steps taken by the Philippine Governmer t, contribute, advance and/or promote, directly or indirectly, the common defense and security of the United States..

26 February 1980, Manila, Philippines.

NATIONAL POWER CORPORATION G.d ITCHON President

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LNITED STATES OF AMERICA NUCLEAR REGUIMORY ODeMISSION 4 c>J BEEDFE 'ITE CCFMISSION IN 'IIE MATTER OF: ) Application No. XR-120 WFSTINGIOUSE EIECTRIC CORP. ) Docket No. 110-0495 (Exports to the Philippines) ) Application No. XCCM-0013 CERTIFICATE OF SERVICE

                'Ihis is to certify that copies of the foregoing NPC conments in response to the Conmission's Order of February 8,1980 has been served upon the following individuals by depositing copies thereof with the mail on ds4 = r c2 9          1980 at 2Ied.,ufa% , // d for and in be_ alf of the National Power Corp ration.

Thans R Asher, Esq. Fhtthew B Bogin, Esq. 1232 Seventeenth Street, N.W. Washington, D.C. 20036 Barton Z Cowan, Esq. Eckert, Seamons, Cherin & Mellott 42nd Floor, 600 Grant Street Pittsburgh, Pennsylvania 15219 Mr Iouis Nosenzo Deputy Assistant Secretary for " Nuclear Energy and Energy Technology Affairs Depart:mnt of State Washington, D.C. 20520

                'Ihomas M Daugherty, Esq.

Westinghouse Nuclear Energy Systems P.O. Box 355 Pittsburgh, Pennsylvania 15230

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. . Fbnald J Bettauer, Esq. Deputy Assistant Icgal Mvisor Departnent of State Washington, D.C. 20520 h Oklsw, EBASCO SERVICES, EsCORPOhCED

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