ML19209B787

Requests Consideration of Encl FOIA Request for Records Re Removal of s Jensch as Chairman of ASLB

ML19209B787
Person / Time
Site:	Skagit
Issue date:	09/10/1979
From:	Magnuson W SENATE
To:	NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
References
FOIA-79-337 NUDOCS 7910100456
Download: ML19209B787 (1)

Text

-

. g. .

NRC PUBLIC DOCU.\EMT ROOM

,e -

DOCKET NUMBG PRCO. t UT14 IAC. $ 66 9k 6g]

1

3{nifer) Mlales Menalc September 10, 1979 g =

4 8 h 71 ft2 -

Respectfully referred to:

Congressional Liaison

[ et ve -

Nuclear Regulatory Commission Washington, D.C. 20555 j

Please furnish status of FIA Request.

Because of the desire of this office to be responsive to all inquiries and coc:munications, your consideration of the attached is requested. Your findings and views, in duplicate form, along with return of the enclosure, will be appreciated by WAR,REN . MAGrt 50N , , , , ,

u. .s.

WGM:esk Form #2 1124 012 7910 Ofh

EVERGREEN LEGAL SERVICES NATIVF AMERICAN PROJECT 520 SMITH TOWER. 506 SECOND AVENUE SEATTLE. WASHINGTON 98104 (2os 4e4-seas GREGORY R. DALLAIRE DI R ECTO R August 15, 1979 st g 4

o

, CME Director k N Office of Administration d SN3 # # C-U.S. Nuclent P.egulatory Commission eg4ja,[, ff Washington, D.C. 20555 i &

Re: FREEDOM OF INFORMATION ACT REQUEST 'l ,

Dear Director:

Pursuant to the Freedom of Informa.lon Act, 5 USC 552, and NRC regulations, 10 CFR Sec. 9.1 et eq., the Upper Skagit Indian Tribe requests copies oFthe following records including transcripts of Commission meetings, [as defined in 10 CFR 59.3a(b)].

1. Any records, except exempt records, relating in any way to the removal of Samuel Jensch as Chairman of the Atomic Safety and Licensing Board for Docket Nos. 522 and 523:

2. Any records, except exempt records, relating in any way to the removal or retirement of Samuel Jensch from the Atomic Safety and Licensing Board Panel;

3. Any records, except exempt records, relating in any way to the manner in which Samuel Jensch served as Chairman of the Atomic Safety and Licensing Board in Docket Nos. 522 and 523; This information is requested 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 y of proceedings to license a nuclear plant in their immediate _

vicinity and particularly during the pendency and just prior a to the remand of their petition to intervene in those proceed-ings. The request is made in light of the strong and critical Nv 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.

} () ') l f, 0 Q ) [O n O

a h

Director August 15, 1979 Page Two 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 li.mited resources with many competing demands upon the resources they do have. Dissemination of the rrguested mater-ials will result in an improved regulatory process by clear-ing up the cloud of impropriety surrounding the replacement of a hearing officer during the pendency of proceedings.

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

Singgrely,

/

o ~L-Russell W. Busch

. Attorney for Upper Skagit Tribe RWB: sky i 124 014