ML20216K141
| ML20216K141 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 09/12/1997 |
| From: | Allen M, Allen R, Bear L, Quintana D AFFILIATION NOT ASSIGNED, SKULL VALLEY BAND OF GOSHUTE INDIANS |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#397-18495 ISFSI, TAC-L22462, NUDOCS 9709190028 | |
| Download: ML20216K141 (5) | |
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DOCi.ET NUMBER g
BYPP.GDUCTS _ 72-2 2. - /5 Fs/
6L L]j DANNY QUINTANA, HAR #4121 N
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s DANNY QUINTANA & ASSOCIATES, P.C.
Attorney for Petitioner h
00C # D In Skull Valley Band of Goshute Indians 2
bgg 21N 50 West Broadway, Fourth Floor i
ggwd*dh 3 Salt Lake City, Utah 84101 13 gc
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Telephonc: (801)363-7726 of Faesimlle:(801)521-4625 Tj
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quintana @xmission.com HEFORE Tile UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 73 I 5 FSI IN Tile MATTER OF:
PRIVATE FUEL STORAGE, LLC, TAC NO. L22462 Applicant.
VERIFIED PETITION FOR LEAVE TO INTERVENE The Skull Valley Band of Goshute Indians, hereinafter, the " Band" by and through their attorney, Danny Quintana, hereby submit this Verified Petition to the Nuclear Regulatory Commission, hereinafler, "the Commission", for leave to intervene in support of Private Fuel Storage, LLC in accordance with 10 CFR 2.714 based upon the following:
1.
The Skull Valley Band of Goshute Indians, is a federally recognized Indian Tribe and sovereign under Federal Law.
2.
The Executive Conunittee is the governing body of the Band consisting of a Chairman, Vice-Chairman and Tribal Secretary duly elected by the General Council,
comprised of all adult voting members of the Band.
1 9709190028 970912 PDR ADOCK 07200022 7
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3.
The Executive Committee is authorized to carry on the daily business of the Band.
4 This includes entering into business negotiations, contracts and agreements with various companies and individuals, and other governments; and participating in legal and administrative proceedings on behalf of the Band.
4 After extensive negotiations between the Executive Committee and Private Fuel Storage, LLC, the Band and the Applicant, entered into c Business Lease on December 27,1996 for certain land located on the Skull Valley Goshute Indian Reservation. The purpose of the Lease is to site a facility for the storage of conunercial spent nuclear fuel.
5, The off site storage facility for spent nuclear fuel proposed to be located on the Skull Valley Goshute Reservation requires the license approval of the Nuclear Regulator Conunission under Federal Law, 6.
Given the nature of this facility and the materials which are proposed for storage, and the Band's property interests in the leased land and other reservation lands, the NRC determinations of whether to issue a license, and if so, on what terms, will have a 4
i substantial health, safety, cultural and financial impact on the Skull Valley Goshute Reservation.
7 The Band is uniquely able to provide insights to the Commission wgarding impacts on its lands, resources and members, and the Atomic Energy Act, as amended, strongly favors involvement of affected Indian Tribes.
8.
Consistent with the due process and the Administrative Procedure Act, the Band should be allowed to fully participate as a party in all aspects of any proceeding on the project as the Band's vital interests will be directly affected by the outcome. Further the 2
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Band is an interested government with sovereignty over the lands on which the project is to be sited. Intervention and full participation are necessary in this unique proceeding for the Band to protect it's interests. The Band fully supports this project and is interested in the success of the license application.
1 Based on the record to date, the Band is not requesting a hearing. The purpose of this intervention is to protect the Band's legal interests by making the Band a full and equal party tot he Nuclear Regulatory Commission proceedings.
TilEREFORE, the Petitioner prays for recognition as an intervening party to this proceeding as follows:
A.
The scope of the Band's intervention to include all aspects of the subject matter of this proceeding affecting the health, safety, or cultural or fmancial resources of the Band, and any others which are material to the outcome or the financial viability of the Applicant's proposal; i
B.
The Band to be accorded all of the rights of a party including notice of all hearings, service of all filings upon the Band's General Counsel, opportunity to amend this petition to later identify issues and contentions, opportunity to cross examine witnesses, and to appeal any Commission Order; C.
The Band to be provided with notice and the opportunity to send a repiesentative to all meetings between the Nuclear Regulatory Conunission Stafrand Applicant regarding the StafT's review of the application, and copies of all relevant correspondence to and from the Staff.
Dated this day of September,1997.
3
i Dated this, /
day of September,1997.
DANNY QUINTANA & ASSOCIATES, P.C.
CN D
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'NM, den' raTCoun.
er SKULh-VAhlWBAND OF GOSilUTE INDIANS h
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.ON Ih. lEAit, ChairnEn SKULL VALLEY BAND OF GOSilUTE INDIA.NS h
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e-l$a un SKULL V
.Y BAND OF GOSilUTE INDIANS m)&
REN A. ALLER,'fribal Secretary SKULL VALLEY BAND OF GOSilUTE INDIANS STA FE OF UTAll
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COUNTY OF SALT LAKE )
Appeared before me this / M day of September,1997, LEON D. BEAR, Chainnan, MARY J. ALLEN, Vice-Chairmafi, and Rex A. Allen, Tribal Secretary, as the Exceutive Committee of the Skull Valley Band ofGoshute Indians, who aller first being duly sworn on oath, state that all of the infornution contained in this Verified Petition is true and correct to the best of their knowledge and sign the same of their own volition.
& A t } ?, A er //f g / 9 ejuI NOTARY PUBLIC/
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.CERIIFICATE OF SERVICE I hereby certify that I mailed a true and correct copy of the forego'[ '
t" elass f,
nel to:
j's ValR. Antezak
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PARSONS, BEllLE & LATIMER tj ( A'I ig').
l Attorney for Private Fuel Storage, LLC yf
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201 South Main Street, #1800 P.O. Box 45888-84145 4 ), 7 0
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- Salt Lake City, Utah 84111 Jay E. Silberg SilAW, P11TMAN, PO1TS & TROWBRIDGE 2
y 2300 N Street, N.W.
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Washington, D.C. 20037-8007 -
D coCKETED OFFICE OF Tile GENERAL COUNSEL 7
SEP 121997 O
U.S. NUCLEAR REGULATORY COMMISSION "Raumesnm 1
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WASIIINGTON, DC 20555
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Postage prepaid this
/.2 Uday of
,1997.
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