ML19207C232

FOIA Request for Records Re Qualifications of V Deale as Member & Chairman of ASLB for CP Proceedings & NRC Instructions to ASLB Chairman.Also Requests NRC Manual

ML19207C232
Person / Time
Site:	Skagit
Issue date:	08/15/1979
From:	Busch R EVERGREEN LEGAL SERVICES
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-79-338 NUDOCS 7909100514
Download: ML19207C232 (2)

Text

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EVERGREEN LEGAL SERVICES \-

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NATIVC AMERICAN PROJECT 1 S20 SMITH TOWER SO6 SECOND AVENUE SEAT 1LE. WASHIN GTON 00104

<2cel 4s4-ssee GREGORY R. DALLAIRE DlRECTOR August 15, 1979 Director Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555 EREEDOM OF INFORMATION Re: ACT. REQUEST FREEDOM OF INFORMATION ACT REQUEST g_g.33P

Dear Director:

y (-/ [" dd '7f Pursuant to the Freedom of Information Act, 5 USC 522, and NRC regulations, 10 CFR Sec. 91. et seq., the Upper Skagit Indian Tribe requests copies oFthe following records including transcripts of Commission meetings, [as defined in 10 CFR $9.3a(b)].

1.

Any records, except exempt records, relating in any way to the selection of Valentine Deale as a member of the Atomic Safety and Licensing Board Panel; 2.

Any records, except exempt records, relating in any way to the selection of Valentine Deale as Chairman of the Atomic Safety and Licensing Board for Docket Nos. 522 and 523; 3.

way to theAny records, except qualifications exempt Deale of Valentine records, to relating serve as a in any member of the Atomic Safety and Licensing Board Panel, and to serve as Chairman of the Atomic Safety and Licensing Board for Docket Nos, 522 and 523; and

4. Any record relating in any way to instructions from the Nuclear Regulatory Commission or any NRC personnel to the Atomic Safety and Licensing Board Chairman in Dockets 50-522 and 50-523 regarding the Skagit Nuclear Power Proj ect, the proceedings on the application for a construction permit for that p roj ec t , and his duties as Chairman of the Atomic Safety and Licensing Board for Docket Nos. 522 and 523.

5. A copy of the Nuclear Regulatory Commission Manual.

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Director August 15, 1979 Page Two This information is requasted for the purpose of clear-ing up concerns of the members of the tribes regarding possible prejudice to their interests resulting in the removal and replacement of the hearing board Chairman during the pendency of proceedings to license a nuclear plant in their immediate vicinity and particularly during the pendency and just prior to the remand of their petition to intervene in those proceed-ings. The request is made in light of the strong and critical public interest in assuring adherence to fairness, impartial-ity, and propriety in selection and replacement of hearing officers for the licensing of nuclear plants. The public interest dictates that the circumstances of such selections and replacement should be open to the light of public scrutiny.

Pursuant to 10 CFR 9.14(a) (z) , the tribes request, as governmental entities, that fees for searching and reproduc-tion of the requested records be waived. The tribes will derive no financial benefit from the use of the requested materials. Tribal members and the general public will derive benefits as described in the preceding paragraph. The tribes have limited resources with many competing demands upon the resources they do have. Dissemination of the requested mater-ials will result in an improved regulatory process by clearing up the cloud of impropriety surrounding the replacement of a hearing officer during the pendency of proceedings.

Please handle this request as rapidly as possible. If any part of this request is denied, please indicate the basis for this denial.

S ineg rr'ly ,

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Russell W. Busch Attorney for the Upper Skagit Tribe RWB: sky

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