ML20070C818
| ML20070C818 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 12/10/1982 |
| From: | Hovis J HOVIS, COCKRILL, WEAVER & BJUR, YAKIMA INDIAN NATION |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8212140354 | |
| Download: ML20070C818 (3) | |
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UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PUGET SOUND POWER & LIGliT
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Docket Nos. STN 50-522 COMPANY, _ET _AL.
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STN 50-523 (Skagit/Ilanford Nuclear Power
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Project, Units 1 and 2)
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MOTION FOR RECONSIDERATION OF MEMORANDUM AND ORDER OF OCTOBER 29, 1982 REGARDING SUPPLEMENT TO PETITION TO INTERVENE OF Tile CONFEDERATED TRIBES AND BANDS OF TIIE YAKIMA INDIAN NATION COMES NOW the Yakima Indian Nation and requests that the Board reconsider its rulings as regards YIN Contentions 7, 8 and 9, contained in its order of October 29, 1982.
YIN Contention 8.
YIN has asserted that the Applicant has not provided for access to the Ilanford Reservation for the exercise of treaty-reserved rights of YIN and its members within the IIanford Reservation and the Skagit/Hanford site area.
The Board has rejected this contention on the basis of the NRC Staff's remarks regarding Contention 8.
NI}C Staff believes that this contention should be rejected for its lack of basis and specificity, and also saying that only the site area access has any concern in 0212140354 821210 PDR ADOCK 05000522 G
h this hearing area.
As demonstrated in YIN's brief on Contention 10 and the affidavit of Russell Jim,.there is specificity now provided and also it is shown that the access is a treaty right that has not been abrogated or changed.and no matter how small or how large this right is it cannot be taken away underneath the Fifth Amendment without due process and just compensation. This matter regarding access should be before the Board for its consideration.
YIN by this reference incorporates the affidavit of Russell Jim and the YIN brief on Contention 10 in this motion for reconsideration.
YIN Contention 9.
YIN's basis for this contention is that the Yakima Indian Ndtion will be a less desirable place to live because of fear and apprehension caused by the Skagit/Hanford nuclear facility.
In this regard, the Yakima Indian Nation raised the cumulative effects that will be the result of the addition of another nuclear plant into this already used area.
Also there has been a traumatic event in the Hanford area as set forth in YIN's supplement showing that there has been escape of many stored nuclear wastes.
When you consider this circumstance and also the situation that these people are using the natural foods from this area and the fish taken from the Columbia River to where this escaped nuclear waste will'go, it is certainly a matter that should be considered by this Board and the event of accident has already been supplied. i I
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r-F YIN respectfully requests that this be considered by the Board in determining the license in this event.
It is particularly true that also since the Yakima Indian Reservation has been set aside for the Tribe's exclusive use and benefit and this reservation of the treaty it should have its right to peacefully enjoy that property protected by this Board.
Respectfully submitted, HOV OCKRILL, U-VER & BJUR l7 L
J mes B.
H5fis, At.torney for kima Indian Nation O.
Box 487 Yakima, Washington 98907 (509) 575-1500 December 10, 1982 e
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