ML19291C229
| ML19291C229 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 01/16/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| ALAB-559, NUDOCS 8001230164 | |
| Download: ML19291C229 (3) | |
Text
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY CONMISSION
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\\Q COMMISSIONERS:
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Victor Gilinsky h
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Richard T. Kennedy k,Q. o g.
Joseph it. Hendrie ug.yo#y g
Peter A. Bradford A
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In the flatter of
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PUGET SOUND POWER & LIGHT CO., et al.
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Docket Nos. STN 50-522
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STN 50-523 (Skagit Nuclear Power Project,
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Units 1 and 2)
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ORDER The proceeding now before the Commission involves the efforts of three Indian tribes, the Upper Skagit, the Sauk-Suiattle, and the Swinomish Tribes, to intervene as a party to the Skagit construction permit hearings.
The administrative proceeding on this intervention petition has been protracted, due to litigation concerning the petitioners' status and interests and the extraordinary lateness with which they filed their petition with the Nuclear Regulatory Commission.
In ALAB-559, an Appeal Board majority denied their petition under 10 CFR 2.714.
10 NRC (August 31, 1979).
The Tribes have petitioned for review of that decision, their instant petition being a supple-ment to an already-filed petition to review an earlier Appeal Board ruling.
See ALAB-523, 9 NRC 58 (1979).
After consideration of the majority and the dissenting opinions in ALAB-559 and the petitions for review and answers thereto, the Commission is of the opinion that this case presents a unique and important issue involving the 1792 068 800123 o / p5
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2 Commission's responsibility to provide a meaningful public process on appli-cations to construct nuclear power reactors and the policy of avoiding adminis-trative delay.
The question of the Tribes' late intervention is a close one and one that turns on the exercise of the Commission's discretion in exploring the various factors and circumstances for and against it. Although the majority opinion is " balanced, measured, and thoughtful," the Commission is persuaded that the dispute outlined by the Dissent presents a narrow issue invc1ving significant policy and procedural questions which warrant CommisMon
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attention.
Therefore, the Commission has decided to review one issue arising out of ALAB-559:
Whether petitioner's status (American Indian tribes), separate from or in conjunction with the particular other facts and circum-stances of and surrounding this case, gives rise to sufficient cause to excuse the extraordinary tardiness of the filing of the Tribes' petition to intervene.
The exercise of review is undertaken solely as a matter of Commission authority pursuant to 10 CFR 2.786(a); the petitions to review are therefore denied, to the extent inconsistent with this Order.
See generally Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), CLI-78-11, 7 NRC 735 (1978); id., CLI-77-22, 6 NRC 451 (1977).
Accordingly, the parties to this proceeding and the Tribes are directed to file written briefs on this issue no later than thirty days after the date of this Order.
In addition, the NRC staff is directed to invite the Department of the Interior to express its views as an amicus curiae on this issue before the 1792 069-
d 3
Commission.
If the Commission desires reply briefs and/or oral argument, they will be the subject of a subsequent order.
It is so ORDERED.
For the Commission.
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' w 'SAtlVEL J.
JTILK Secretary of ti e Co m ission Dated at Washington, DC, this /b ' day of 4 1980.
1792 070