ML20045E854

Partially Deleted Commission Paper Re Disposition of Commission Review on Skagit Intervention Petition

ML20045E854
Person / Time
Issue date:	05/23/1980
From:	Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
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References
FOIA-92-436 SECY-A-80-075, SECY-A-80-75, NUDOCS 9307060143
Download: ML20045E854 (2)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20565 SECY-A-80-75 CONSENT CALENDAR ITEM May 23, 1980 ADJUDICATCTRY2 Fort The Commission Leonard Bickwit, Jr., General Counsel From:

Subiect:

DISPOSITION OF COMMISSION REVIEW ON SKAGIT INTERVENTION PETITION

Purpose:

Discussion:

In SECY-A-79-96, we advised-the Conmission that the late intervention petition of three American Indian tribes presented a close and important question warranting Commission review.

On January 16, 1980, the Commission granted review and directed the parties and the Tribes to file briefs on the issue whether the Tribes' status, by itself _or in conjunction with the facts and circumstances of the proceeding, constituted

" good cause" to excuse the' Tribes'- failure to seek intervention on time.-

In addition, the Commission-requested the staff to solicit the views of the Secretary of the Interior amicus curiae.

All parties to this review and the Assistant Secretary for Indian Affairs have responded.

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our analysis of the issue is-presented in I the attached opinion, which recites the important legal-and policy considerations in the matter and concludes that the

_F 11 Jh we have endeavored to include al re evant factors is opinion.

Contact:

Mark E. Chopko, GC X-43224 Information in this recctd vias deleted in accordan:e with the Freedom ci inictmation Act, exempli:ns FOM-f#~ Y85

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CILINSK92-436 PDR

2 Reccomendation:

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Leonard Bickwit, Jr.

General Counsol

Attachment:

Decision Comissioners' coments or consent should be provided directly to the Office of the Secretary by c.o.b. Tuesday, June 10, 1980.

Comission Staff Office coments, if any, should be submitted to the Comissioners NLT June 3,1980, with an information copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional time for analytical review and coment, the Comissioners and the Secretariat should be apprised of when coments may be expected.

This paper is tentatively scheduled for affimation at an Open Meeting during the Week of June 16, 1980.

Please refer to the appropriate Weekly Comission Schedule, when published, for a specific date and time.

DISTRIBUTION Comissioners Comission Staff Offices Secretariat t

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