ML19257C693
| ML19257C693 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 01/22/1980 |
| From: | Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Gerard F INTERIOR, DEPT. OF, BUREAU OF INDIAN AFFAIRS |
| References | |
| NUDOCS 8001300012 | |
| Download: ML19257C693 (2) | |
Text
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'o, UrJIT ED STATES i$
NUCLE AR R EGUL ATORY COT.".*JSSION
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.a January 22, 1960 Docket Nos. SIN 50-522 STN 50-523 The Honorable Forrest J. Gerard Assistant Secretary - Indian Affairs Department of the Interior Washington, DC 20240
Dear Mr. Gerard:
On September 20, 1978, you wrote to Chairman Hendrie expressing your views on the petition filed by the Upper Skagit Tribe, the Sauk-Suiattle Tribe and the Swinomish Tribal Community, three federally recognized Indian tribes, to intervene in this Commission's licensing proceeding regarding the proposed Skagit nuclear power plant.
This office, on October 11, 1978, responded to your letter since it would not have been appropriate for the Chairman to comment on the matter which had the potential for coming before the Commission for adjudicatory review. At that time, we advised you of the status of the Indian Tribes' petition and forwarded copies of materials pendin-before the Atomic Safety and Licensing Board.
Subsequent to your inquiry, the Atomic Safety and Licensing Board granted the petition to intervene.
That decision was appealed to the Commission's Atomic Safety and Licensing Appeal Board which vacated the Licensing Board's decision and remanded the matter for further consideration.
Unpublished order of Jan-uary 12, 1979, explained in ALAB-523, 9 NRC 58 (copy enclosed).
On June 1, 1979, the Licensing Board entered an order denying the Indian Tribes' petition.
That decision was appealed and considered preliminarily in ALAB-552, 10 NRC 30, July 9, 1979 (copy enclosed) and subsequently denied by the Appeal Board.
ALAB-559, 10 NRC (August 31,1979) (copy enclosed).
The Indian Tribes have appealed to the Commission.
The Commission issued an Order dated January 16, 1980 (copy enclosed) stating its determination to review the following issue:
Whether petitioner's status (American Indian tribes),
separate from or in conjunction with the particular other facts and circumstances of and surrounding this case, gives rise to sufficient cause to excuse the extraordinary tardiness of the filing of the Tribes' }g/ petition to intervene. As provided in the Order, the NRC Staff invites the Department of the Interior to exaress its views as an amicus curiae on this issue before the Commission. The Order provides that briefs are due no later than February 15, 1980. 80013oo (31:2 -
_ 2_ vf iy otoff tua. L. vf furth-. o. to;cc, picane fcci frce if i ut c.. vets to call upon nie. I can be reached by telephone ou 492-78bl. Sincerely, /riarA 66 Stuart A. Treby / Assistant Chief Heating Counsel
Enclosures:
As stated cc w/o encls: Service List bbb?]OhQ, 1833 288 '}}