ML20070M501
| ML20070M501 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 02/28/1991 |
| From: | Bluedog K BLUEDOG LAW OFFICE, FAEGRE & BENSON, PRAIRIE ISLAND MDEWAKANTON SIOUX INDIAN COMMUNITY |
| To: | |
| Shared Package | |
| ML20070M483 | List: |
| References | |
| RS, NUDOCS 9103210240 | |
| Download: ML20070M501 (11) | |
Text
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j UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGUI.ATORY COMMISSION Northern States Power
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Docket Nos. 72-10, 50-282/306 Company
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Notico of' Intervention and Motion to Intervene Out of Time of the Prairio Island Mdewakanton Sioux Indian Community I
The Prairie Island Mdewakanton Sioux Indian Community, pursuant to the October 19, 1990 Notice of Consideration of Issuance of a Materials License for the Storage of Spent Fuel and Notice of opportunity for Hearing, 55 F.R.
42527 and 10 C.F.R. 2.714, hereby submits to the Nuclear Regulatory Commission (NRC) their Notice of Intervention and Motion to Intervene Out of Time in the above-captioned proceeding.
3 I.
The
- names, addresses and telephone numbers of the individuals to whom all correspondence and communications should be aildressed on behalf of the Prairie Island Mdewakanton Sioux Indian Community are:
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Dale Childs, Tribal-Council President Frairie Island Mdewakanton-Sioux Indian Community 5750 Sturgeon Lake Rd.
Ue10h, MN 55089 (612) 388-8889 Tribal Council l
Frairie Island Mdewakanton Sioux Indian Community 5750 Sturgeon Lake Rd.
Welch, MN 55089 (612) 388-8889 Kurt V. BluaDog, Esq.
William J. Hardacker, Esq.
BlueDog Law office 5001 West 80th St., Suite 555 Bloomington, MN-55437 (612) 893-1813 Brian O'Neill, Esq.
Richard Duncan, Esq.
Mary Yeager, Esq.
Faegre & Benson 2000 Norwest Center 90 Sout2 Seventh Street 4
Minneapolis, MN 55402-3901-(612) 336-3000 Dr. Earl J.
Barlow, Area Director Minneapolis Area' office.
Bureau of Indian-Affairs Department of Interior 15 South Fifth Street
-Minneapolis, MN 55402-1020' Mr. Donald Murdock, Field Representative.
Minnesota Sioux Field of*d T Bureau of Indian Affan 15 South Fifth Street, 6 t..
rioor Minneapolis,-HN' 55402-1020 Mariana Shulstad, Field ' Solicitor U.' S. Department of'the Interior U.S. Federal ~ Building, Rm.=686-Pti Snelling, MN 55111 i
II.
The Prairie Island Mdewakanton Sioux-~ Indian Community (the 2
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comnunity) is a
federa,1y recogni::ed-Indiant' tribe-(Federal-Register, Vol. 44, No. 26,- February 6,;.1979), organi::ed under-the.
previsions of the Indian Reorgani::ation'- Act of 11934 (48 Stat.-
934) which-shares a government, to government' relationship with e
the United States.
4 III.
The NRC 10 considering an application _-dated August 31,,1990
~
- f ram Northern S+;s.tes Power Company - (NSP) - for a: materials. license under the provisions of 10 CFR part 72,_to possess spent fuel'and-cther radioactive' materials associated with_ spent-fuel ~ storage--in-
' independent spent fuel storage installation?(ISFSI)~ located in-tr r.ity of Red Wing, Minnesota directly adjacent to:the Prairie l
.. s nd Sioux -Indian Reservation.
If grantied, the -license -will-l thorize NSP to store _ spent fuel from the Prairie Island Nuclear j-Generating Plant, Units.1 and-2 in dry storage'_ casks at an ISFSI i
to be constructed at NSP's Prairie Island ' Nuclear Generating' l
Plant site.
The - term.of the license. for the ISFSI: Would be'for s[
twenty (20) years.
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Prior to 'the issuance:.'of( : the requested. license, - the-NRC_
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i needs to conclude that' issuance of the materials license.will-'not l
1 be ::i' imical to the common defense'~and security and wille not-- not.
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constitute 'an unreasonable risk 2to the 1 health =andJsafety of the--
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- public.
The. Commis rion willl complete an. environmental evaluation in accordance With.0 CFR part 51.to determine cf the. preparation-I 3
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I of. an environmental impact statement is warranted or if an environmental assessment and Finding of No Significant Impact are appropriate.
IV.
The Community believes that the granting of the requested licensa has the-potential for significant effects on the Prairie Island Sioux Indian Reservation, the ' members of the Community, the Mississippi River, the E ?,a t e of Minnesota, and the global-environment in general, and therefore seek to intervene.
The Community is an "affected Indian ' tribe" within the meaning of 10 C.F.R. 2.714(d).
V.
In support of its motion to : intervene' out -of time, the Community states as follows:
As a limited sovereign nation enjoying La government - to government relationship with - the _ United States _ of - America, the Prairie Island Indian Community, represented by_the duly elected Tribal Council, feels that it must_: participate in all licensing.
procedures involving the LNorthern States Power Company ISFSI
- proposal at its - ' Prairie Island Nuclear facility.-
The Prairie Island Nuclear facility is located adjacent to the Prairie.' Island Indian Reservation located in-the County of Goodhue in the State i
4-
4, of Minnesota.
l The Community. finds it necessary to exprez,s its deep concerns about the storage of spent nuclear-fuel in what'can be called a
" sacred location."
The Community's main concerns-relate to the potential safety problems arising from-the ISFSI and the potential of health problems directly attributable to the highly radioactive spent fuel stored'therein.
The community is aware that the State of Minnesota
}
Department of Health-has conducted studies regarding. the potential health risk factors of the ISFSI.
The Minneosta 1
Department of Health has not released.its
- results, but the l
Community has learned that the inhabitants of the immediate surrounding area have a -one in ten thousand (1 in 10,000) chance j-of becoming afflicted with-some type of cancer due' to exposure to the ISFSI emissions; the State-of Minnesota Department of' Health.
considers this an unacceptable figure-The~ Community notes that i
the use of these statistics, even;if they suggest~ a - high risk-J
- factor, have limitad value as used with groups of Native i
Americans.
Evidence suggests that statistical data based on the general American population does
-not-correlate _ to - Indian 1
i populations.
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j LRegardless of the value of. statistical data 1regarding-health risk factors, the Community strongly objects to the fact that the-
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Minnesota Department of Health has not yet ec:pleted and published its health studies relating to 1.e Northern States Power Company proposal.
The Community must have sufficient time to study and analy:e such studies.
The Community has not of ficially received any ec=unication with results of any government conducted health study.
The Community feels it must intervene in this proceeding to understand the health risk factors involved in the proposed
- 5FSI and have the ability to communicate its findings to the 00= unity members.
Moreover, it is imperative that the Community work closely with those conducting the study and analysis of the health risk factors.
The Community finds that it must raise a voice that speaks to protecting our global environment because of cultural and spiritual considerations.
Indian people have traditionally lived closely with the land with which they shared space and time.
Indian cultures have traditionally maintained a perspective of existence that focused on preserving the integrity within natural communities; these cultures engaged in relationships of - mutual respect, reciprocity, and caring with an Earth and fellow beings as a' live and self-conscious as humans.
It is clear that the 11o rthe rn States Power Company ISFSI proposal suggests a
continuation of energy use that is not only wasteful, but highly polluting as well.
6
3 The Community is aware that there is no viable governmental policy in place that looks to the future with any certainty as to what "we" shall do with the spent fuel from nuclear power facilities.
There is no existing permanent repository in the United states and there are no current certain plans for'such a repc:itory.
The Community finds itself.in - a position where it can provide a wealth of expertise that can be utilized to convince the local community and the---larger national-and-international-communita.es to fashien a comprehensive and workable energy _ use -
policy and a viable nuclear-; waste disposal policy.
In order to share its expertise, it is necessary - that the. Community participate in these licensing procedures.
VI.
In support of its late filing,- the; Community states: that there.is good cause for failing-to file.within the' time prescribed.
The Community never received-proper notice of. the NSP license application; nor dit it receive sufficient information:
- I regarding the opportunity to intervene in the ' NRC licensing procedures.
The Community - Tribal Council--received 'information j
from HRC officials that ' mislead. the Tribal Council to believe i-7 i
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that intervention in the NRC licensing procedure was not a viable-option-for the Community and' that the : Community hw nothing to-ofiar to the NRC that. would have any bearing on a licensing decision in this matter.
i The United States of America holds the prairie. Island Indian 1
Reservation in trust on behalf of the Community.
- The Community argues that the Department-of Interior has shownta tendency to noglect its duties as trustee.-
No one-has offered assistance to the Community to understand its legal options during the licensing procedures.
The licensing process is a
highly-technical process where very special expertise is necessary to understand the process and. to ' participate therein.
Itlis only recently that the Community' has come to-an-understanding of the complexities of the licensing process.
The Community feels that Northern States' power Company,-
the State-of Minnesota, the Nuclear - Regulatory Commission, _and the - Department; of Interior have not offered reasonable assistance 1-inL this matter-to allow the-Community to become-literate i
- enough7 about the : licensing process-te have an elementaryLunderstanding.oflits! participatory options.
VII.
As a sovereign government representing its members and a cultural-1 perspective, the - Community ' has direct -interest _ in this-proceeding which cannot be adequately represented. by - any other 8
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party.
The participation of the Community:will be in the public interest.
VIII.
The Community
- seeks, without limitation, the following
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relief:
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(1)
That
_a-federal environmental impact statement be prepared; t
(2)
That the federal environmental impact statement shall include the costs to be incurred by the' Comr'mity pursuant ~ to the r
i Northern States Power Company ISFSI proposal; i
i When the Community files its contentions with the Nuclear i-Regulatory Commission, additional requests for relief will be specified.
1 IX.
WHEREFORE, the Community requests- _ the NRC to-accept.and 1
1 grant this intervention out of time and allow the Community to a
j participate fully as --a party to _ this proceeding for.the purpose i-e of ensuring that a_ forum is created for full and-open exchange of information between the ' Nuclear. Regulatory Commission, ' Northern -
States Power Company, and the Community...The Community furthe i
requests that the pre-hearing conference be~ continued until July i
9-i i
O, 1991, to allow the Community-reasonable time - to prepare for i
the pre-hearing conference.
The State of Minnesota has prepared a draft environmental, impact statement-and the Community argues that it is unreasonable and inappropriate for-the Nuclear Regulatory Commission to hold its pre-hearing conference when the State of Minnesota has not completed its final' environmental impact statement and the Community has-not had a - reasonable opportunity to study and analyze the environmental impact statement.
Dated:
February 28, 1991 3
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Kurt V'. BlueDog, Esq.-
William J. Hardacker, y Tsq.
Attorneys for the. Community BLUEDOG LAW OFFICE 5001 West 80th St., Suite--555 Bloomington, MN 55437 (612)' 893-1813 Brian O'Neill, Esq.
Richard Duncan, Esq.
Mary Yeager, Esq.
Attornsys for the Community FAEGRE & BENSON 2200 Norwest Center 90 South Seventh Street:
l Minneapolis, MN 5 54 02 -3 9 01 ~-
(612) 336-3000 h
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VERIFICATION Kurt V.
BlueDog, being first duly sworn, deposes and says that he is an attorney for the Prairie Island Mdewakanton Sioux Indian Community, and that as such he has signed the foregoing NOTICE OF INTERVENTION AND MOTION TO INTERVENE, for and on behalf of said party; that he is authorized by the party so to do; that he has read said Notice and is familiar with the contento thereof; and that the matters and things set'forth therein are true and correct to the best of his knowledge, infor=ation and belief.
M 3L D-.
Kurt,V.' BlueDog
'~'f Sworn to before me p mh day of February, 1991.
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LANCE W. RlLEY NOTRARY P $LY P '-
em mauc-umA HENNEPIN COUNTY W C==*n E4*w A4 21.1962 i CERTIFICATE OF SERVICE I hereby certify that I have this day caused to be served the foregoing document upon the Secretary and the General Counsel of the Nuclear Regulatory Commission, and on Gerald Charnoff of Shaw, Pittman, Potts and Throwbridge.
Dated:
February 28, 1991 William J. Hardacker BLUEDOG LAW OFFICE 5001 West 80th St., Suite 555 Bloomington, MN 55437 (612) 893-1813
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