ML19209A935

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Responds to & Skagit Sys Cooperative Re NRC Evaluation of Impact of Nuclear Facility on Skagit River Fisheries.Nrc Will Discuss Unresolved Issues W/Cooperative Biologists
ML19209A935
Person / Time
Site: Skagit
Issue date: 08/10/1979
From: Black R
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Busch R
EVERGREEN LEGAL SERVICES
References
NUDOCS 7910050646
Download: ML19209A935 (2)


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o Russell W. Busch, Esq.

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Attorney for 'Jpper Skagit Indian d

Tribe and Sauk-Suiattle Indian a

Tr;5e Evergreen Legal Services 520 Smitt Tower Seattle, Washington 98iO4 In the Matter of Puget Sound Power & Light Company, et al.

(Skagit Nuclear Power Project, Units 1 and 2)

Dc3.et Nos. STN 50-522 and STN 50-523

Dear fe. Busch:

r This is 'in response to your letter to me dated August 2,1979 and to a separate lettar ts me dated August 1,1979 from Steve Fransen, Biologist, Skagit System Caoperative.

Both of these letters reference a statement made by me during an informal conversation with the Skagit intervenors in which I indicated that, to the best of my knowledge, the concerns raised by the Indian Tribes regarding the impact to Skagit River fisheries Md been evaluated by the NRC Staff and discussed with the Cooperative biologists.

i also indicated that it was my understanding that after these discussions, many of the concerns had been addressed and resolved to the satisfaction of the Cooperative biologists.

After checking with the Staff's aquatic biologist, Dr. Goldstein from Argo < e National Laboratory, I realize that there was a misunderstanding on my part regarding the degree that the Cooperative's doubts had been alleviated.

It is now clear to me that the Cooperative biologists still have concerns regarding these impacts which have not been resolved or addressed to their satisfaction.

The Staff continues to be amenable to discussing the Cooperative's concerns and invite Mr. Fransen to communicate his views to the NRC Staff biologists.

This would include Dr. Goldstein as well as Dr. Donald Watsen from Battelle North-west Laboratories who has been retained by the Staff to evaluate these impacts.

It is also my understanding that Russell Orrell, a biologist with the State of Washington Fisheries Department, nas evaluated these impacts and would be willing to discuss them with the Cooperative biologists.

I believe you are correct when you state that Battelle has indicated to the Tribes that it would not be able to assist them, through the Cepartment of Energy, in this proceeding.

This is a simple matter of a conflict of interest.

Since Battelle has already been retained by the NRC to evaluate the fisheries impacts 1105 053 muso (g g

. from the Skagit project, it would be a conflict of interest on their part to assist another or a potential party in this proceeding.

Finally, enclosed for your use is a copy of the Staff's Safety Evaluation Report, Supplement No.1.

Jincerely, ka Richard L.s lack Counsel for NRC Staff

Enclosures:

As stated cc w/o enc 1:

T. Thomsen R. Leed e

1105 054 m