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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19310A6271980-06-10010 June 1980
Brief on Appeal Before Us Court of Appeals,Dc Circuit,From Commission 800506 Orders.Case Must Be Remanded to Examine Us Common Defense & Security Under Atomic Energy Act,Nuclear Non-Proliferation Act & Nepa.Certificate of Svc Encl
ML19305D4561980-04-0303 April 1980
Motion to Stay Effectiveness of Final Order,Pending Appeal & Judicial Review Re Nuclear Reactor Export to Philippines. Delay in Shipment Will Not Injure Interests of Exporter or Parties.Certificate of Svc Encl
ML19294C1251980-02-29029 February 1980
Comments in Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines. Effects on Global Commons Subminimal Per Apr 1976 Fes on Us Nuclear Power Export process,ERDA-1542.W/Certificate of Svc
ML19290E3061980-02-29029 February 1980
Statement of Views in Response to Commission 800208 Order Requesting Further Submittals Re Nuclear Reactor Export to Philippines.Urges Preparation of EIS Updating ERDA-1542 & Addressing Possible Environ Impacts on Us & Global Commons
ML19294C1191980-02-29029 February 1980
Comments in Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines. Impact on Clark Air Force Base & Subic Bay Naval Station Sufficient to Pose Threat.W/Certificate of Svc
ML19294C1071980-02-29029 February 1980
Response to Commission 800208 Order Requesting Further Views on Proposed Reactor Export to Philippines.Apr 1976 Fes on Us Nuclear Power Export activities,ERDA-1542,should Be Applied.Effects on Global Commons Not Related to Us Defense
ML19322E2601980-02-28028 February 1980
Statement Opposing Proposed Export of Reactor & Matls to Philippines by Westinghouse.Nrc Should Not Approve Export of Reactor & Matls for Power Plant to Be Constructed on Slope of Volcano
ML19294B6441980-02-28028 February 1980
Comments in Response to Commission 800208 Order Re Reactor Export to Philippines.License Should Be Issued Immediately. NRC Already Adequately Addressed Health Safety & Environ Effects
ML19290E7051980-02-27027 February 1980
Comments & Argument in Response to Commission 800208 Order Inviting Further Views Re Nuclear Reactor Export to Philippines.Adopts Wl Cummings 800129 Encl Affidavit Re Health,Safety & Environ Effects on Global Commons or Us Land
ML19294B6041980-02-26026 February 1980
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
ML19290E7081980-01-29029 January 1980
Affidavit Urging Denial of Nuclear Reactor Export to Philippines.Export Threaten Philippine Sovereignity, Jeopardizes Global Commons & Affects Us Natl Security. Certificate of Svc Encl
ML19211C6621979-12-27027 December 1979
Comments on NRC 791119 Position Per Commission 791019 Order. Urges Compliance w/1954 Atomic Energy Act Re Limitation of NRC Jurisdiction to Common Defense & Security of Us
ML19211C6241979-12-27027 December 1979
Comments by National Power Corp of Philippines on NRC 791119 Submittal in Response to Commission 791019 Order.Urges Compliance W/Us 1954 Atomic Energy Act Limiting NRC Jurisdiction to Common Defense & Security of Us
ML19257A3961979-12-19019 December 1979
Response to Westinghouse Objection to Friends of the Filipino People Request to Intervene.No Delay or Prejudice Will Arise from Granting of Request.No Other Group Can Represent Interests of Petitioners
ML19257A6591979-12-19019 December 1979
Response in Opposition to Westinghouse Answer Objecting to Friends of the Filipino People Request to Intervene.Adopts Ctr for Development Policy,Movement for Environ Protection & Jn Perlas 790604 Consolidated Reply.W/Certificate of Svc
ML19260C6721979-12-18018 December 1979
Reply to Applicant Response to Petitioner Motion to Intervene.Urges Commission to Grant Intervention.Affidavit of Support & Certificate of Svc Encl
ML19260B6141979-11-29029 November 1979
Response in Opposition to Ctr for Development Policy, Philippine Movement for Environ Protection,Movement for Free Philippines & Nj Perias 791119 Pleading.Waiver of Export Rules Will Create Uncertainty Among Importing Countries
ML19210E5401979-11-21021 November 1979
Response to NRC 791019 Request for Views on Philippine Export Proceedings.Hearing on Seven Items Outlined in 790419 Petition to Intervene Requested
ML19210E5831979-11-19019 November 1979
Affidavit of C Planas on 791119 Re Westinghouse Application to Export Nuclear Reactor to Philippines.Application Should Be Denied Due to Health & Safety Risks & High Cost of Maint
ML19260A6281979-11-19019 November 1979
Response to Commission 791019 Order Requesting Views on Nuclear Reactor Export to Philippines.Requests Hearing on Issues Presented in 790419 Petition to Intervene.Supporting Documentation Encl
ML19262A9881979-11-19019 November 1979
Brief in Lieu of Pleading,Re Nuclear Reactor Export to Philippines.Questions Ability of Less Developed Nations to Deal W/Nuclear Technology Issues.Supporting Documentation Encl
ML19253C3591979-11-19019 November 1979
Memorandum Stating Position Re Export of Nuclear Reactor to Philippines in Response to NRC 791019 Order.Nrc Has No Jurisdiction Over Matters Affecting Health & Safety in Foreign Countries.Certificate of Svc & Exhibits Encl
ML19210E4861979-11-19019 November 1979
Comments in Response to Commission 791019 Order Requesting Views on Commission Jurisdiction to Consider Nuclear Reactor Effects in Foreign Country.Proceeding Affects Foreign Policy Which NRC Cannot Formulate
ML19210E6181979-11-15015 November 1979
Statement of Views by Natl Power Corp,Agency of Govt of Philippines,In Response to Commission 791019 Order.Atomic Energy & Nuclear Nonproliferation Acts Were Not Promulgated to Dictate Policies on Foreign Nations
ML19210D9251979-11-14014 November 1979
Response to Commission 791019 Order for Views on Procedural & Jurisdictional Issues.Relevant Legal Considerations Discussed May Justify Different NRC Health,Safety & Environ Reviews for Some Export License Applications
ML19253C1351979-11-12012 November 1979
Affidavit Alleging That Philippine Govt Has Not Carefully Considered Impacts of Proposed Reactor.Nrc Should Conduct Thorough Health,Safety & Environ Review.Reactor Would Be Unsafe.Exhibits Encl
ML19253C1231979-11-12012 November 1979
Petition to Intervene in Form of Brief Requesting License Denial.Urges Review of Commission 791019 Order Re Seismic & Geological Risks,Design Adequacy,Environ Impact,Spent Fuel Disposition & Other Issues.Hearings Requested
ML19210D9791979-11-12012 November 1979
Responds to 791019 Order Requesting Views on Jurisdictional & Procedural Issues.Nrc Failed to Comply w/791004 Deadline for Implementation of Executive Order 12114.NRC Is Restrained from Action on Westinghouse Application
ML19250C6581979-11-0808 November 1979
Natl Power Corp Statement of Views Re Pending Westinghouse Export Application.Export License Should Be Granted W/O Further Proceedings
ML19268B9901979-11-0606 November 1979
Affidavit Stating Observation of Commission 790623-0810 & 0913-14 Hearing in Philadelphia,Pa.Objects to Scope of Hearing & Limited Opportunity Given to Participants
ML19256F0671979-11-0202 November 1979
Brief in Lieu of Pleading Per Commission 791019 Order Inviting Submittal of Questions Re Scope of Commission Jurisdiction Over Foreign Environ.Alleges That Environ Impacts in Philippines May Be Connected W/Us Security
ML19256F0731979-10-19019 October 1979
Affidavit Alleging That Westinghouse Has Been Bribed by Marcos Govt.Contends That Location of Reactor on Slope of Volcano Believed to Be Active Will Cause Harm to Us Military Personnel Located in Adjacent Areas
ML19256F0721979-10-19019 October 1979
Affidavit Alleging That Philippine Environmental Matters Will Be Aggravated by Allowing Exportation of Nuclear Reactor from Us.Urges Commission to Disapprove Proposal
ML19209D2001979-10-10010 October 1979
Notice of Friends of Filipino People Intention to File 791016 Petition to Intervene,Along W/Opposition & Request for Participation.States Experience Gained in Representing Us Citizens Concerned About US-Philippines Relations
ML19254C8261979-10-0909 October 1979
Supplemental Memorandum in Response to NRC Supplemental Answer.Psar & Other Primary Evidence Were Prepared by Members of Group Applying for Full Participation in Proceeding.Certificate of Svc & Affidavits Encl
ML19261F1541979-10-0909 October 1979
Answer in Opposition to Movement for Free Philippines Motion to Amend 791003 Petition to Intervene & Request for Hearing. Petition Is Untimely & Does Not Satisfy Requirements. Separate Intervention Status Should Not Be Granted
ML19254F0231979-10-0303 October 1979
Motion That Ctr for Development Policy 790419 Petition to Intervenor Be Amended to Add Movement for Free Philippines as Petitioner.Members Are Political Refugees.Affidavit of H Alvarez & Certificate of Svc Encl
ML19254F0261979-10-0303 October 1979
Supplemental Memorandum in Support of 790420 Petition to Intervene & Request for Adjudicatory Public Hearing.Asserts Vital Interest in Export Proceeding
ML19254C8511979-10-0303 October 1979
Supplemental Memorandum in Support of Ctr for Development 790420 Petition to Intervene & Request for Hearing.Alleges Discovery of Contradicting Applicant Submittal
ML19254C8451979-10-0303 October 1979
Motion to Amend 790419 Petition to Intervene & Request for Hearing.Participation Will Draw Filipino Attention to Risks & Hazards Created by Reactor.Certificate of Svc Encl
ML19254F0271979-09-28028 September 1979
Affidavit of L Mattison on 791003 Re Supplemental Memorandum to 790420 Petition to Intervene.Intervention Is in Public Interest & Would Assist NRC in Making Required Determinations.Certificate of Svc Encl
ML19254C8521979-09-28028 September 1979
Affidavit Attesting That Ctr for Development Policy Conducts Independent,Nonpartisan Research of Us Development Programs, W/Primary Attention Focused on Nanot Point Reactor Project. Requests Intervention to Present Evidence
ML19254C8501979-08-31031 August 1979
Affidavit Attesting Authorization to Intervene on Behalf of Movement of Free Philippines.Certificate of Svc Encl
ML19254D4891979-07-11011 July 1979
Transcript of Republic of Philippines Commission on Nuclear Power Plants 790711-13 Hearings in Manila,Philippines. Transcript Divided Into Sections by Stenographer
ML19261D6981979-06-0404 June 1979
Joint Reply of Petitioners to NRC & Westinghouse Request for Denial of Intervenor Status.Petitioners Have Standing Under All Applicable Tests.Consolidation of Licenses Will Aid Proceedings.Certificate of Svc Encl
ML19257A2541979-05-23023 May 1979
Answer in Opposition to Friends of the Filipino People & Coalition Against Reactor Exports 791106 & 15 Briefs. Petitioners Failed to Demonstrate Standing & Raised Questions Outside NRC Jurisdiction.Certificate of Svc Encl
ML19269D9811979-05-23023 May 1979
Applicant Answer to 790419 Petition to Intervene.Joint Intervenors Are Untimely,Lack Standing,Raise Issues Outside Jurisdiction of NRC & Fail to Demonstrate That Hearing Is in Public Interest.Certificate of Svc Encl
ML19263E2461979-04-19019 April 1979
Petition to Intervene & Request for Hearing Per 10CFR110 by Ctr for Development Policy,Jn Perlas & Philippine Movement for Environ Protection.Supporting Documentation Encl
1980-06-10
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Category:ORDERS
MONTHYEARML19254C8511979-10-0303 October 1979
Supplemental Memorandum in Support of Ctr for Development 790420 Petition to Intervene & Request for Hearing.Alleges Discovery of Contradicting Applicant Submittal
1979-10-03
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UNITED STATES OF AMERICA #$JA,'1 M /g NUCLEAR REGULATORY COMMISSION q bda
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% no t In the matter of )
) Application No. XR-120 WESTINGHOUSE ELECTRIC CORP. ) Docket No. 50-574
)
(Exports to the Philippines) ) Application No. XCOM 0013
) Application No. XSNM0 1471 SUPPLEMENTAL MEMORANDUM 0F THE CENTER FOR DEVELOPMENT POLICY IN SUPPORT OF PETITION TO INTERVENE AND REQUEST FOR HEARING On April 20, 1979, the Center for Development Policy (" CDP")
filed with this Commission ("NRC") a " Petition for Leave to Intervene and Request for Hearing" in the above-captioned matters. This Memorandum and accompanying Affidavit are submitted in support thereof.
I. THE STANDARDS FOR INTERVENTION ARE SET GUT IN THE NUCLEAR NONPROLIFERATION ACT AND THE NRC'S REGULATIONS.
The standards governing intervention are contained in the regulations on public participation, 10 C.F.R. 4% 110.80 through 110.13, promulgated by the NRC under congressional mandate contained in the Nuclear Nonproliferation Act ("NNPA") of 1978, 42 U.S.C. s 2155. The tests for intervention are (a) whether the proposed intervenor has an interest which may be affected, 10 C.F.R. b 110.82(b)(4), or (b) that intervention would be in tne public interest and would assist the Commission in making the statutorily required determinations, 10 C.F.R. 5 110.82(b)(3).
CDP meets both these tests.
i189 15 7910180 C) / /
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II. CDP HAS AN INTEREST IN THIS EXPORT PROCEEDING.
As demonstrated in the attached affidavit of Lindsay Mattison, CDP has a vital interest in monitoring the flow of resources from the United States to developing nations, conducting research and analysis of development programs and their effects, and disseminating this analysis to the public and interested public officials. In sum, CDP's public interest activities give it a previously recognized and legally cognizable interest in these proceedings.
This interest was recognized by Congress in enacting the public participation section of NNPA:
[I]t is the intent of the Committee to guarantee the citizens and public interest groups their right to make their views known during the export licensing process.
H. R. Rep. No.95-587, 95th Cong., 1st Sess., p. 22 (1977).
(Emphasis added.) Clearly Congress wanted the NRC to allow public interest groups such as CDP the right of intervention in nuclear export licensing proceedings.
III. CDP'S INTERVENTION WILL ASSIST THE COMMISSION IN MAKING ITS STATUTORILY REQUIRED DETERMINATIONS.
As demonstrated in Mr. Mattison's affidavit, CDP has spent much time, effort and money in studying this proposed export. CDP has brought to the attention of the State Department and NRC much evidence which otherwise would not have been in the public record. These efforts on CDP's part are continuing and more relevant and undisclosed evidence is being discovered every day.
CDP's involvement allows the NRC to make the statutorily required judgments on the widest possible record, thus ensuring that the NRC's decision is based upon all the relevant facts. 18% i16
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As documented in Mr. Mattison's affidavit, CDP is the only group other than the NRC and the applicant that has both the interest and the financial resources to be able to develop independent evidence in this matter. It has been involved in the proceedings in the Philippines (the Puno Commission) and has served to relay information from the proceedings in the Philippines to the NRC and developments in the United States to the Philippines. Without the participation of CDP, the Commission's judgment on this matter will necessarily be one-sided, for there is no other way that evidence critical of the applicant will e developed.
IV. A FULL, OPEN, ADJUDICATORY PUBLIC HEARING IS REQUIRED IN THIS INSTANCE.
As demonstrated in Mr. Mattison's affidavit and by the record in this case, CDP has discovered much evidence which contradicts that submitted by the applicant. It is hornbook law that in matters where the credibility of witnesses is questioned, the only method to discover the truth is through cross-examination. This is the instant situation and therefore ar.ly a full, open, adjudicatory public hearing with full cross-examination will serve the purpose of discovering the truth. Only in this manner can the proposed export be scrutinized adequately.
Additionally there are many individuals who have extensive knowledge of the project under consideration but who will only divulge such under comoulsory process. A full, open hearing will be the orily way to procure this information.
i184 117 3
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Thus not only is an oral public hearing necessary, but to adequately prepare, the NRC must allow the parties full discovery rights. This will result in the fullest presentation of evloence and thus allow the NRC to make a decision on the broadest possible record.
V. CONCLUSION.
In conclusion, CDP has demonstrated in its original Petition and this Supplement that it meets the standards for standing in this matter'and that only a full, open, public hearing can adequately assure that all the relevant evidence will disclosed.
Respect lly submitted, 1#dL Tnomas R. Asner 4
bT/ JL Matthew B. Bogin Thoma Asher, P.C.
1232 . enteenth Street, N.W.
Third Floor Washington, D.C. 20036 (202) 452-1540 1184 118 4
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,
Thus not only is an oral public hearing necessary, but to adequatelj prepare, the NRC must allow the parties full di~scovery rights.
This will result in the fullest presentation of evjcence and thus allow the NRC to make a decision on the broadest po s,s i t i e _
record.
V. CONCLUSION.
In conclusion, CDP has demonstrated in its original Petition and this Supplement that it meets the standards for standing in this matter and that only a full, open, public hearing can adequately assure that all the relevant evidence will disclosed.
Resp lly s u b,n i t t e c ,
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Q l't Inomas x. Asner
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Mattnew a. Sogin Thomas R. Asher, P.C.
1232 Seventeenth Street, N.W.
Third Floor Washington, D.C. 20036 (202) 452-1540 1181 119 4