ML082800119

PINGP Lr - Piic'S Comments on Draft Memorandum of Understanding (MOU)

ML082800119
Person / Time
Site:	Prairie Island
Issue date:	05/21/2008
From:	Office of Nuclear Reactor Regulation
To:	Division of License Renewal
References
Download: ML082800119 (4)

Text

PrairieIslandNPEm Resource From: Rani Franovich Sent: Wednesday, May 21, 2008 11:36 AM To: Heather Westra Cc: Samson Lee; Tom Blount; Ngoc Le; Richard Plasse; Richard Turtil; Rosetta Virgilio; Patrice Bubar; Joan Olmstead; Edward Williamson; Roland Lickus; Brian Holian

Subject:

RE: PIIC's Comments on Draft Memorandum of Understanding (MOU)

Hi Heather, Thanks for the note and the feedback. I'll try to address your points below but would like to follow-up with some dialogue to solicit your thoughts.

NRC supports and encourages communications with communities around nuclear power stations. Although NRC has no formal policy statement with Native Americans, we strive to ensure that the rights of sovereign Tribal governments are fully respected. As such, we honor the spirit and letter of Executive Memoranda and Orders to work with Native American Tribal governments on a government-to-government basis. With respect to the PIIC's request for cooperating agency status, we agree that early involvement benefits both the NRC and the PIIC. As such, we are eager to resolve comments of the Draft MOU as soon as possible so that it can be signed and collaborative work can begin.

You suggested adding a provision under V. Other Provisions, that states that the tribe retains the right to review the draft and final SEIS and provide comments. I'd like to clarify that the opportunity for the public (including the PIIC) to submit comments occurs twice in our environmental review process. Initially, we solicit comments on the scope of the review; later in the process we publish and solicit comments on the Draft SEIS.

There is not an opportunity for the public to comment on the Final SEIS... once it is issued, the staff considers its environmental review complete.

That having been said, I'd like to talk with our folks about adding a provision to the MOU that states that the PIIC will have the opportunity to comment on the scope of the environmental review and on the Draft SEIS in accordance with the established timeframes for public comment.

Of course, this provision merely specifies opportunities for public involvement that are available to everyone, including the PIIC. The other provisions of the MOU address the PIIC's participation (as a cooperating agency) in the staff's environmental review related to specified areas of expertise. Under these provisions, the PIIC would be able to review sections of the working copies of the Draft SEIS and the Final SEIS that are related to the areas of special expertise specified in the MOU.

Please give me a call so we can discuss further. I want to make sure these distinctions are clear in advance so that our respective expectations will be consistent.

Thanks, Rani

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Original Message-----

From: Heather Westra [1]

Sent: Tuesday, May 20, 2008 4:44 PM To: Rani Franovich

Subject:

Re: PIIC's Comments on Draft Memorandum of Understanding (MOU)

Hi Rani I just spoke with Phil Mahowald, PIIC General Counsel, about the MOU.

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We agree that item IV A. 5 does not need to be in the MOU. I am wondering, however, how long it will take NRC staff to review our suggestions and get back to us and whether the Commission will want to review the MOU.

With regard to item IV. B, specifically the clause about reviewing the entire SEIS, it appears that other sections of the MOU address that concern and, as you explained, we will have an opportunity as a stake holder. Never the less, what would you think about putting in a provision, under V. Other Provisions, that states something about the tribe retaining the right to review the draft and final SEIS and provide comments? Just so it is clear to everyone concerned?

Thanks for your feedback on our suggestions. I look forward to hearing from you.

Best regards, Heather Sent using BlackBerry

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Original Message -----

From: Rani Franovich <Rani.Franovich@nrc.gov>

To: Heather Westra Sent: Tue May 20 10:00:14 2008

Subject:

PIIC's Comments on Draft Memorandum of Understanding (MOU)

Hi Heather, Thanks for the returned call yesterday to talk about the PIIC's comments on the Draft MOU. It was very helpful for me to understand the PIIC's concerns and desires the insight helps us to be responsive to them.

As we discussed yesterday, the NRC staff is considering the comments. With respect to item IV.A.5, you indicated to me that the PIIC wants to have the MOU in effect at the time of acceptance to ensure that it will be involved as early as possible in the review. I explained that, as the Draft MOU cover letter states, the NRC will consider the PIIC's status as a cooperating agency to be effective at the time the MOU is signed by both the NRC and the PIIC. I also indicated that the NRC's acceptance review is independent of the MOU and that we may accept the application some time next week. The timing of the official acceptance and signing of the MOU may be coincidental, but they are not linked. Since cooperating agency status hinges on the signing of the MOU, and not on the NRC's acceptance of the application, we agreed that item IV.A.5 may not be needed.

You indicated that you wanted to discuss this further with Phil and get back to me later this week.

We also discussed the proposed changes involving PIIC's access to entire working copies (vice sections related to areas of special expertise) of the draft and final SEIS. I indicated that we are considering this request and that the timeframes for the PIIC's review might not change. You indicated to me that the PIIC wanted to make sure that it is not limited to commenting on areas beyond those defined in the MOU. As I indicated yesterday, the PIIC, like any other stakeholder, will have the opportunity to comment broadly on the scope of our review and on our draft SEIS. The purpose of the MOU is to define the areas for its participation as a cooperating agency and does not preclude the ability to submit comments at these established opportunities for public involvement. You seemed to be satisfied with this distinction and encouraged to know 2

that the MOU did not limit the PIIC's ability to comment more broadly. You wanted to talk with Phil about this as well.

We discussed another proposed change that would allow the PIIC 60 days (rather than 25 days) from the signing of the MOU to provide data and information on topics related to areas of expertise to the NRC. I indicated that this seemed reasonable and that I would discuss it further with our folks.

I look forward to talking with you again about these items once you have had a chance to discuss them with Phil.

Take care, Rani The information contained in this email message is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at 800-554-5473, ext.

4136 or by email to legal@piic.org.

Thank you.

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Hearing Identifier: Prairie_Island_NonPublic Email Number: 29 Mail Envelope Properties (Rani.Franovich@nrc.gov20080521113500)

Subject:

RE: PIIC's Comments on Draft Memorandum of Understanding (MOU)

Sent Date: 5/21/2008 11:35:57 AM Received Date: 5/21/2008 11:35:00 AM From: Rani Franovich Created By: Rani.Franovich@nrc.gov Recipients:

"Samson Lee" <Samson.Lee@nrc.gov>

Tracking Status: None "Tom Blount" <Tom.Blount@nrc.gov>

Tracking Status: None "Ngoc Le" <>

Tracking Status: None "Richard Plasse" <Richard.Plasse@nrc.gov>

Tracking Status: None "Richard Turtil" <Richard.Turtil@nrc.gov>

Tracking Status: None "Rosetta Virgilio" <Rosetta.Virgilio@nrc.gov>

Tracking Status: None "Patrice Bubar" <Patrice.Bubar@nrc.gov>

Tracking Status: None "Joan Olmstead" <Joan.Olmstead@nrc.gov>

Tracking Status: None "Edward Williamson" <Edward.Williamson@nrc.gov>

Tracking Status: None "Roland Lickus" <Roland.Lickus@nrc.gov>

Tracking Status: None "Brian Holian" <Brian.Holian@nrc.gov>

Tracking Status: None "Heather Westra" <hwestra@piic.org>

Tracking Status: None Post Office:

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