ML20216F328
| ML20216F328 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 03/09/1998 |
| From: | Quintana D AFFILIATION NOT ASSIGNED, SKULL VALLEY BAND OF GOSHUTE INDIANS |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20216F311 | List: |
| References | |
| 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9803180338 | |
| Download: ML20216F328 (35) | |
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jyr United States Of America Nuclear Regulatory Commission Before the Atomic Safety and Licensine Board In the matter of
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Private Fuel Storage L.L.C.
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Docket No. 72-22
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(Private Fuel Storage Facility)
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ASLBP No. 97-732-02-ISPSI SKULL VALLEY BAND OF GOSHUTES MEMORANDUM IN SUPPORT OF PETITION OF THE SCIENTISTS FOR SECURE NUCLEAR WASTE STORAGE AND THE ATLANTIC LEGAL FOUNDATION TO INTERVENE This is the Reply of the Skull Valley Band to the Supplemental Petition of Scientists for Secure Waste Storage, (SSWS), and the Atlantic Legal Foundation Petition to Intervene in the above-entitled proceedings. Because of the political developments which have occurred in Utah over the last month, (see infra), it is imperative that this proposed intervention be allowed.
FACTS IN SUPPORT OF INTERNENTION The failure of politics to solve this important national problem ofinterim storage of spent nuclear fuel has created an economic opportunity for the Band and a burden for the utilities and end users of nuclear power. The Band submits that the political opposition to this independent nuclear storage facility is damaging national security interests in assurance of adequate energy supplies. As this Administrative body is well aware, without l
9803180338 980312 DR ADOCK 07200022 PDR
either on site spent fuel storage expansion or an interim storage facility like that proposed by the applicant, many reactors will be forced to shut down within the next ten years.
Even if we assume that the nation can make up the electrical generation lost by the reduction of nuclear power, the problem still exists with stranded costs of over $135 billion dollars and decommissioning of the various shut down reactors. The question is not one of need for an interim facility, but of politics.
It is in the nature ofpolitics and politicians to take positions on issues which are safe and non-controversial. Despite the fact tht Sweden, France, Japan and other countries are able to build storage facilities for spent nuclear fuel, American politicians would rather gain voter points than make the hard decisions on national energy policy, In their Supplemental Petition, SSWS point out the numerous scientific flaws in the contentions filed by opponents to this project. In speech after speech, the various opponents have referred to this storage facility as " dan 8erous", a " nuclear grave", a
" nuclear dump" and otherwise pontificated that it is not in the Goshutes' and the others' best interests to go forward. See Exhibit A. In this last Utah legislative session some truly outrageous political posturing occurred.
-Legislation was passed which seized the Skull Valley Road from Tooele County and made it a state road. This road is the only access into the Reservation from I-80.
This seizure of the Tooele County road occurred while other legislation was introduced to give roads to counties and cities to lessen the State's burden for maintenance. The seizure also occurred at a tinne when Utah's own Department of Transportation is suffering an admitted $250 million dollar shortfall for highway reconstruction.
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-A Resolution condemning this interim storage project was passed by the legislature. Various representatives refused to take phone calls and be briefed on the project. The very limited debate was hysterical and emotional.
-Legislation was passed setting a bond of $2 billion dollars with fees of $5 million on this facility, despite thefact that thisfacility is on a Resenution. News story afler news story interviewed the suddenly famous Utah politicians who got on the band wagon offighting the Goshute Nuclear Waste War. One state Senator made an analogy of the Goshutes with Iraq and no concern for their neighbors! This proposed Skull Valley interim storage facility was the single most publicized political issue of this legislative session. This issue attracted more local media attention than any other.
FACTUAL AND LEGAL ARGUMENTS IN SUPPORT OF INTERVENTION Political media posturing is old hat. It was politically expedient for Senator Joe McCarthy to accuse various people of being " communists" and thereby min their lives. At the time he made these allegations, most politicians simply got on the band wagon rather than carefully examine his ridiculous claims and challenge them. Most politicians took the easy path ofrumor and went along with the Red Scare. Few politicians were actually interested in the facts and in the truth. As long as they were popular and re-elected, the rights of others mattered not. Many people would have liked to speak out but feared retaliation. In the short mn this cheap wart on our body politic succeeded.
The Red Scare cost this country hundreds of millions of dollars in unnecessary defense expenditures and mined the lives of thousands ofindividuals. Finally, tmth won the day and the hysteria ended.
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In Nazi Gcimany, it was far easier to get on the bandwagon of Jew hatred and -
Aryan superiority than to stand up and question authority. The Nazi politicians used political expediency to ruin the lives of millions of people. Opposition to the gospel truth of Hitler was at risk of one's life. Only the bravest Germans and others opposed the i
I political hysteria of the day. The fear ofretaliation was real. Ultimately, truth won the day and at horre,dous cost to humanity, the Nazis were defeated.
During the Spanish Inquisition, the mere accusation of being a heretic was enough -
to cause the loss of property and liberty. Non-believers, at the pain of burning at the stake, soon became convinced about the " truth" of religious matters. Most people converted and otherwise conformed to the politics of the day. Very, very few dared to oppose the Inquisition and challenge political authority. Scientific truth and objective e
- criticism was not a subject of conversation for fear of actual retaliation.
In his day, Copernicus could not win against the politics of the than all powerful l
l Catholic Church. The thought that Earth was not the center of the universe was absolutely counter to the politics and religion of the day. One could lose one's position in the Church and loss oflife and liberty was real. Ultimately, truth won and a new view of J
the universe was created.
l During the Salem witch trials, it was easier to accuse someone of being involved with the occult than to allow open public scientific discussion. The mere accusation was enough to result in a trial which lead to death of the accused. Truth mattered not.
it is easy for Utah politicians to shout about the " danger" of the Goshute Nuclear Waste War. There are votes in opposing this project. It is even easier to misrepresent the 4
transportation issues and have the public treasuries available to " fight the Goshutes".
Politics can ruin this Goshute/ utility economic project because it is very expedient. But political expediency is not always morally right. The Lessor and PFS are going to have to win with science and truth. The Goshutes do not have Nobel prize nucien physicists as members who can testify before the Nuclear Regulatory Commission that this project is
" safe". Therefore, the need for this intervention.
If there is a health or environmental risk which has been missed by the Band over the last eight years of studying this project, these independent scientists might be able to find it and advise on precautions regarding the same. Over 200 brave Utah citizens support SSWS' intervention to bring truth to these proceedings. See Exhibit B. Many of these citizens live in Tooele County, the site of the proposed facility.
This Count has broad equitable discretion in allowing this petition to intervene.
Complex issues ofnuclear science are involved as is public policy. SSWS' Petition to Intervene was filed before the initial Pre-Hearing Conference and a repre ntative, Dr.
Richard Wilson was in attendance. The applicant correctly sets forth the standard and the law. See generally, Pebble Springs, CLI-76-27,4 NRC at 615-17.
CONCLUSION The First Amendment creates a free market place ofideas where open, objective public discussion of the important issues results in better decisions. This is exactly why the Atlantic Legal Foundation and these experts need to be part of this important national discussion. For the reasons set forth supra, the Skull Valley hmd of Goshutes and the Concerned Citizens of the State of Utah respectfully pray the Atomic Safety and Licensing 5
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DOCKETED Board and the Nuclear Regulatory Commission to allow the intervention of the Scient@]iRC for Secure Waste Storage and the Atlantic Legal Foundation in this licensing pnpye@W 16 of Private Fuel Storage, LLC for their application to build a storage facility fgpynt OF Smgy RULER w %o nuclear fuel on the Skull Valley Band of Goshute Reservation.
ADJUD!CMlGr STAFF DATED this 9* day ofMarch,1998.
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Genera sel for the Skull Valley Band ofGoshutes CERTIFICATE OF SERVICE I hereby certify that copies of the above Response were served upon the persons indicated below in the manner stated on the Jate stated:
Attn: Docketing & Service Branch Dr. Jerry R. Kline Secretary of the Commission Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop 016G15 U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Flint North Washington, D.C. 20555 Rockville, MD 20852-2738 emailjrk2@nre. gov G. Paul Bollwerk, III, Chairman Dr. Peter S. Lam Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 email gpb@nrc. gov email psl@nrc. gov Oflice of the Secretary Sherwin E. Turk, Esq.
i Attn: Rulemakings and Adjudication Staff Catherine L. Marco, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C. 20555 U.S. Nuclear Regulator Commission Mail Stop: 0-15 B18 Washington, D.C. 20555 Fax: 301-415-3725 all SET @nrc. gov 6
Jay E. Silberg, Esq Jean Belille, Esq.
Shaw, Pittman, Potts & Trowbridge Land and Water Fund of the Rockies 2300 N Street N.W.
2260 Baseline Road, Suite 200 l.
- Washington, D.C. 20037-8007 Boulder, Colorado 80302 l
Fax: 202-663-8007 Fax: 303-786-8054 l
jay _,silberg@shawpittman.com landwater@lawfund.org Diane Curran, Esq.
Denise Chancellor Harmon, Curran & Spielberg Utah Attorney General's Office j
2001 S Street, N.W., Suite 430 P.O. Box 140873 l
Washington, D.C. 20009 Salt Lake City, Utah 84114-4810 i
Fax: 202-328-6918 -
Fax: (801) 366-0292 l
dicurran@aol.com dchancel@ state.ut.us i
Connie Nakahara, Esq.
Clayton J. Parr, Esq.
Utah Dep. OfEnvironmental Quality Kimball, Parr, Waddoups, Brown & Gee 168 North 1950 West 185 S. State #1300 Salt Lake City, Utah 84114-4810 P.O. Box 144810 Fax: 801-536-0061 Salt Lake City, Utah 84147-0019 Fax: 801-532-7751 kjohnson@kimball Dated: 9' day ofMarch,1998.
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3-12-1998 9:5 DAM FROM TAPA! PROJECT OFFICE 801 322 1839 P. I l
2nd District 3,.1Report CONGRESSMAX MERRILL COOK January 1998
Dear Friends:
1 am writing to update you on issues Congress will tackle this year, give you a progress report on issues particularly important to Utahns and share my 1998 priorities for the 2nd District.
1998 is off to u remarkable start for Utahns and all Americans. This month, you begin ;o reap the benefits of the laws Congress passed last year, including your first federal tax cut in 16 years, more taxpayer rights and more health care benefits for Medicare recipierns. Page three of this newsletter updates you on important expansions in Medicare coverage every recipient should know about.
Not only do Americans, this month, begin to enjoy the benefits of last year's historic legislation, we are getting some good news we haven't heard in more than 30 years: a projected budget surplus. The Congressional Budget Office's latest analysir, projects a surplus of $600 billion over the next 10 years. Right now. Capitol Hill is buning with propocals for using this surplus. Those proposals include more tax cuts this year; paying down the accumulated debt and a move to stop using surpluses in the Social Security and highway trust funds to cover deficits in other progrann, ultimately masking the size of the real budget deficit. Page two of this newsletter updates you on the lated proposals for the surplus and tax reforan.
This year, I will continue in my work to accomplish the following goals for residents of the 2nd Congn ssional District:
a Protecting Utah's cnviron..wnt, particularly preventing the storage of deadly nuclear waste in Utah's desert.
m Working toward meaningful tax reform, scrapping our muddled, flaw-riddled code in favor of one that is fair, casy to understand and halts abuses by the IRS.
m Fighting to make sure more federal education dollars end up in the classroom and working to see that parents and local educators, not distant bureaucrats. have the strongest voice in a child's education.
a Assisting in the passage of common-sense spending measures like the " lock Im" bill I have cospon>ored, which requires that cuts in spending are locked away to reduce the federed deficit rather than being funneled into other programs.
m Fighting to get as much federal money a possibic for Utah's highway projects, particularly the expansion of I-15.
Finally, I will continue my practice this year of hosting seminars, town meetings and conferrnees on tooics imnnrtant to von si s.a. +m a s
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3-12-1998 9:56AM F RL.#4 1APAl RRUJLCI l# FA G 601 R2 i d $d P. 4 Update on the Battle to Keep Deadly Nuclear Waste Out of Utah On Dec. 2, I held a public meeting on plans by nuclear utilities from the East and California to store as much as 40.000 metric tons of spent nuclear fuel rods in casks above gmund on the Goshute Reservation,40 miles from the Sah Lake Wiley. This meeting rnarked the first time all the playcra in the issue came together to discuss this troubling proposal. Gov.
Mike Leavitt, local government officials, representatives of the utilitics and concemed groups such as Downwinders of Utah participated m the 21/2 hour mccting.
l Since then, I have continued my fight to keep this deadly waste out of Utah. I contmue to work toward panage of my bill imposing pmbibitively h:gh f'mcs on the thipuent of ralcar waste to the Sk ull Valley Goshuse site.
This wcck, I urged the Nuclear Regulatory Commission to grant the cate and mher wncerned group > status to intervene m t!e Go,hute Tnbe's application for a license to storc the waste.
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Congress Expands Benefits for Medicare Recipients Iam pleased to announce that Afedicare now covers all or most of several vital, prev tests. It's important that Medicare arcipients and theirfamilie.s understand these important new benefits. Please take advantage of this e.spanded coverage. For more information, call the Medicare Hotline at I-800-633 M33 Benefit Description of Coverage RRaumanograpides Annual tests for women 40 years and older. 20% copay, but Effective 1/1/98 no part 8 deductble Pap seseer, poh4c and Covered one overy three years for most women, annual bevest osames coverage for women at high nsk or with abnormal pap smear.
Effective 1/1/98 20% copay, no part B deductible. All lab analyss covered.
Coloreceaf Cancer Feca! blood test,1 every 12 months for people 50 and over.
88'**"8"5 Sigmoidoscopy.1 every 48 months for people 50 and over.
1/1/90 Colonoscopy,1 every 24 months for people at high nsk.
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l We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing informed and accurate scientific Knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the paiticipation of these scientists in this litigation.
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PETITION TO THE ATOMIC SAFETY AND LICENSING BOARD AND THE NUCLEAR REGULATORY COMMISSION BY CONCERNED CITIZENS OF THE STATE OF UTAH We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing informed and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the participation of these scientists in this litigation.
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BY CONCERNED CITIZENS OF THE STATE OF UTAH We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing informed and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply i
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PETITION TO THE ATOMIC SAFETY AND LICENSING BOARD AND THE NUCLEAR REGULATORY COMMISSION We, the following citizens of the State of Utah hereby PETITION the Atomic Safety and Licensing Board and'the Nuclear Regulatory Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing heariras of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing informed and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the participation of these scientists in this litigation.
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I PETITION TO THE ATOMIC SAFETY AND LICENSING BOARD AND THE NUCLEAR REGULATORY COMMISSION BY CONCERNED CITIZENS OF THE STATE OF UTAH We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory f
Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing informed and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the participation of these scientists in this litigation.
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PETITION TO THE ATOMIC SAFETY AND LICENSING BOARD AND THE NUCLEAR REGULATORY COMMISSION BY CONCERNED CITIZENS OF THE STATE OF UTAH We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing informed and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the participation of these scientists in this litigation.
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FEB-5-98 TEU 3:37 FM D QUINTANA ASSOCIATES PC f Al No.
801 521 4625 P. 1 RECEIVED MAR 2 53 PETITION TO THE ATOMIC SAFETY AND LICENSING BOARD AND THE NUCLEAR REGULATORY COMMISSION BY CONCERNED CITIZENS OF THE STATE OF UTAH We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing infonned and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the participatioc of these scientists in this litigation.
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PETITION TO THE ATOMIC SAFETY AND LICENSING BOARD AND THE NUCLEAR REGULATORY COMMISSION BY CONCERNED CITIZENS OF THE STATE OF UTAH We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory Commission to allow the Scientists for Safe Nuclear Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The public interest of the nation is best served by allowing informed and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the participation of these scientists in this litigation.
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PETITION TO THE ATOMIC SAFETY AND LICENSING BOARD AND THE NUCLEAR REGULATORY COMMISSION BY CONCERNED CITIZENS OF THE STATE OF UTAH We, the following citizens of the State of Utah hereby Petition the Atomic Safety and Licensing Board and the Nuclear Regulatory Commission to allow the Scientists for Safe Nucic# Waste Storage and the Atlantic Legal Foundation to participate in the licensing hearings of Private Fuel Storage, LLC. The publicinterest of the nation is best served by allowing informed and accurate scientific knowledge at the licensing hearings on the proposed storage of spent nuclear fuel on the Skull Valley Goshute Reservation. We do not endorse or oppose the proposal by signing this petition. We simply support the concept of academic freedom in discussing important public policy issues and therefore encourage the participation of these scientists in this litigation.
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Page1
y DANNY QUINTANA & ASSOCIKIE P.C.
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Attorneys at 1,aw USNRC Fourth rioor 50 West Ilroadway Salt 1.ake City, Utah 84101
% ' W 16 All :56 (Ho1)3(,3 7726 r,,(son)s21462s OFF;C m
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9 March,1998 -
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Attn:Rulemakings and Adjudication Staff U.S. Nuclear Regulatory Commission Washington DC 20555 Re: Skull Valley Goshutes' Petition for Secure Waste Storage
Dear Sirs:
Please find enclosed the Skull Valley Goshutes' Memorandum in support of the Scientists' petition for Secure Nuclear Waste Storage. Should you have any questions regarding these documents, please contact our office at your convenience.
Sincerely,
-W lsaac Quintana Legal Assistant l
l.
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DANNY QUINTANA & ASSOCIATES, P.C.
DOCKETED Attorneys at La"'
USNRC Fourth Floor i
50 ht litoadway Salt 1.ake City, Utah H4101
% MAR 16 P3 :42 s
(801)36.&7726 Fax (H01)521-4625 I
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ADJUOK2i' E.FF 9 March,1998 Docketing And Service Branch Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop 01G15 11555 Rockville Pike One White Flint North Rockville, MD 20852-2738 Re: Skull Valley Goshutes' Petition for Secure Waste Storage i
Dear Sirs:
Please find enclosed the Skull Valley Goshutes' Memorandum in support of the Scientists' petition for Secure Nuclear Waste Storage. Should you have any questions regarding these documents, plea.w contact our office at your convenience.
,Q Sincerely,
' /\\'
g Isaac Quintana Legal Assistant i
1 i