ML20217H149

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Resolution Urging Cooperation on Siting of Radwaste Facility.* Urges Ensuring That Land Owners in Skull Valley Are Considered in Analysis of Impacts of Proposed Nuclear Storage Facility.W/Certificate of Svc.Served on 980402
ML20217H149
Person / Time
Site: 07200022
Issue date: 04/02/1998
From: Anderson E
UTAH, STATE OF
To:
References
CON-#298-18918 ISFSI, NUDOCS 9804030197
Download: ML20217H149 (8)


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%l9 PROD. & UTIL FAC. 7d'4M-I6FST DOCKETED USNRC Enrolled Copy H.JJL 17

% APR -2 A8 :10 RESOLUTION URGING COOPE: RATION ON SITING OF RADIOACTIVE WASTE FACILITbR OF SF y

ADJUDUAir N JIAFF 1998 GENERAL SESSION STATE OF UTAH MD E - 21998 Sponsor: Eli H. Anderson A JOINT RESOLUTION OF THE LEGISLATURE ENCOURAGING FEDERAL REGULATORS, THE UNITED STATES CONGRESS, FEDERAL AND STATE COURTS AND AGENCIES, AND UTAH'S CONGRESSIONAL DELEGATION TO CONSIDERTHE IMPACT ANY NUCLEAR WASTE STORAGE FACILITY IN SKULL VALLEY WILL HAVE ON PRIVATE LAND OWNERS IN SKULL VALLEY, AND ENCOURAGING MITIGATION OF EFFECTS THE FACILITY WOULD HAVE ON THESE PROPERTIES, Be it resolved by the Legislature ofthe state of Utah:

WHEREAS Private Fuel Storage, a consortium of out-of-state utilities, has proposed to establish a nuclear waste storage facility on the territory of the Skull Valley Goshute Tribe located in Skull Valley, Tooele County, Utah; WHEREAS such a storage facility would have a significant impact on private land owners in Skull Valley, including potential impacts on water quality and quantity, current and potential farming and ranching activities, transportation, quality ofliving, health, safety, general welfare, f

loss of future opportunities associated with the land, and impacts on the cunent and future value of the gcgny;

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WHEREAS the consortium has ignored these impacts in its license application and has not been willing to appropriately deal with the private land owners in Skull Valley; WHEREAS it is reasonable to expect that the consortium will provide economic mitigation of the impact on the Skull Valley Goshute Tribal land, including direct compensation to the tribe; WHEREAS the private land owners in Skull Valley will have similar impacts to those of the Skull Valley Goshute Tribe and should therefore have those impacts mitigatea and be fully compensated by the consortium for the loss of value to their property; and 1

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WHEREAS it is in the interest of the state as a whole to protect and preserve these ranching and fanning lands:

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H.J.R.17 Enrolled Copy t.

i NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah urge the Nuclear Regulatory Commission, the United States Congress, Utah's congressional delegation, any L

federal or state courts or agencies involved to ensure that private land owners in Skull Valley be 1

l considered in any analysis of impacts of any proposed nuclear storage facility and be fully 1

compensated by the consortium for the loss of value to their property and any damages, including l

lost opportunities, they will suffer as a result of the proposal to establish, or the actual establishment, j

of a nuclear waste interim storage facility in Skull Valley.

BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Skull Valley Goshute Tribe, the Private Fuel Storage Consortitun, the Nuclear ReEulatory Commission, the l

t United States Congress, the Department of Energy, the Utah Department of Environmental Quality, l

and Utah's congressional delegation.

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Enrolled Copy H.C.R. 6 NUCLEAR WASTE STORAGE OPPOSITION RESOLUTION i

1998 GENERAL SESSION STATE OF UTAH Sponsor: Ralph Becker Perry Buckner i

A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR j

ENCOURAGING FEDERAL REGULATORS, UTAH'S CONGRESSIONAL DELEGATION, AND THE CONJRESS, TO STOP THE SITING OF A NUCLEAR WASTE STOPAGE l

FACILITY IN SKULL VALLEY; STATING PUBLIC SAFETY, ENVIRONMENTAL, SOCIOECONOMIC, AND GEOLOGICAL CONCERNS POSED BY THE PROPOSED FACILITY; AND REQUESTING THAT THE INDUSTRY CONSORTIUM ATTEMPTING TO ESTABLISH THE FACILITY BE REQUIRED TO DEMONSTRATE ABILITY TO ASSUME THE RESPONSIBILITY AND COSTS FOR ALL MEASURES NECESSARY TO ENSURE THE SAFE TRANSPORTATION OF THE NUCLEAR WASTE THROUGH THE STATE PRIOR TO ANY ACTION REGARDING THE FACILITY.

Be it resolved by the Legislature ofthe state of Utah, the Governor concurring therein:

WHEREAS Private Fuel Storage, a consortium ofmembers of the nuclear energy industry, referred to in this resolution as the consortium, have applied to establish a nuclear waste storage facility on the territory of the Skull Valley Goshute Tribe to store spent nuclear fuel rods from nuclear power facilities; WHEREAS these nuclear power facilities are mostly located in Eastern and Midwestem states; WHEREAS the Skull Valley location is within the boundaries of the State of Utah; WHEREAS the Skull Valley location is within 40 miles of the Wasatch Front, which is l

where the majority of Utah's population resides; WHEREAS this high-level nuclear waste would remain lethal for at least 10,000 years, posing a long-term risk to Utahns, WHEREAS the geography and geology of Skull Valley raises significant questions that have not yet been answered regarding the safety ofboth people and the environment in storing the

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H.C.R. 6 Enrolled Copy high-level nuclear waste at that location; l

WHEREAS travel and tourism could be stigmatized by the iv.ation of a nearby high-level l

nuclear waste repository; WHEREAS the citizens of the State of Utah have experienced documented consequences as "downwinders" from radioactive fallout from nudear testing; WHEREAS the Skull Valley site is proposed, and would be designed, as a " temporary" storage facility, but as there is no approved permanent disposal facility for this waste, there is l

concem that Skull Valley would become a permanent storage location for this nuclear waste; WHEREAS the transportation of this high-level nuclear waste to the proposed Skull Vciley site would involve movement annually of an estimated 200 or 300 casks, each containing approximately ten tons of high level nuclear waste, through Utah's population centers, posing to these populations the risks associated with transporting this waste; WHEREAS addressing these risks realistically requires careful planning and the creation of i

l a costiy transportation safety and response program, including public safety personnel and emergency response equipment; WHEREAS the federal agencies, in reviewing the consortium's application for the site, should require the consortium's establishment of a transportation safety plan to the satisfaction of the State of Utah, Tooele County, and affected Utah local govemments, and proof of the ability of the consortium to fund and act on that plan before any further consideration is given to the application; WHEREAS the consortium is a private entity, and federallaw does not provide any funding for states affected by the transportation or storage of this waste; WHEREAS the financial incentives and benefits resulting from the proposed disposal site would accrue to the Skull Valley Goshute Tribe and the consortium; WHEREAS to the extent the State of Utah, Tooele County, and neighboring landowners would suffer significant economic harm as a result ofthe proposed disposal site, these parties should be compensated for these losses; WHEREAS if as consortium representatives indicate, the cask storage method is safe and the

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j-proposed storage site would only be temporary,it would be, by no small measure, most practical and reasonable for the consortium members to provide this temporary storage in close proximity to the l

facilities that generate the waste, rather than impose on Utah and the states on the transportation j

route the significantly increased transportation risks and public safety costs associated with long-haul.

movement across the country; j

WHEREAS the citizens should have the right of final appmval of both the adequacy of the transportation safety plan and the adequacy of the consortium's financial ability to carry out that L

plan; and WHEREAS the State of Utah recognizes the desire on the part of the Skull Valley Goshute Tribe for economic development:

NOW, THEREFORE, BE IT RESOLVED that the Legislature of the State of Utah, the j

t Governor concurring therein, strongly urges the federal Nuclear Regulatory Commission to provide the State of Utah and interested parties the opportunity for full anxl timely participation in the permitting and environmental impact statement processes.

BE IT FURTHER RESOLVED that the Legislature of the State of Utah, the Governor concurring therein, urges the NRC to ensure that the consortium's establishment of a transportation i

safety plan be subject to review and approval of the State of Utah, Tooele County, and affected Utah local govemments.

BE IT FURTHER RESOLVED that the Legislature, and the Govemor concurring therein, urge the Utah congressional delegation and other members of Congress to take every action necessary to block approval of the siting of a nuclear waste repository at the location proposed by -

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the nuclear waste industry consortium in Skull Valley without the approval of the State of Utah.

j BE IT FURTHER RESOLVED that the Legislature of the State of Utah, the Govemor f

concurring therein, commit itself to stopping the progress of the proposed high-level nuclear waste storage facility in Skull Valley, unless and until the issues identified in this resolution are resolved l

and the requirements of the State of Utah are met.

BE IT FURTHER RESOLVED that the Legislature, the govemor concurring therein, urge the federal Nuclear Regulatory Commission, the Utah congressional delegation, and any federal or i

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state couns or agencies to ensure that land owners adjacent to and in the vicinity of the proposed nuclear waste repository be considered in any analysis ofimpacts, and that these parties be fully I

compensated by the consortium for the loss of value to their propeny, including diminution in potential value of these propenies for future uses or development as a result of the proposal to establish or the actual establishment of a nuclear waste repository.

l BE IT FURTHER RESOLVED that the Govemor of the State of Utah and state agencies work with the Skull Valley Goshute Tribe to address altematis e economic development programs.

l BE IT FURTHER RESOLVED that copies of this resolution be sent to the leaders of the Skull Valley Goshute Tribe, the federal Nuclear Regulatory Commission, the federal Department of Energy, the Utah Depanment of Environmental Quality, the members of the Utah Congressional l

Delegation, and the Private Fuel Storage consortium.

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation) i CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing UTAH LEGISLATURE RESOLUTIONS have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Comission Appellate G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 l

U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 l

Sherwin E. Turk, Esq.

Catherine L. Marco, Esq.

Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Comission Washington, DC 20009 l

Washington, DC 20555 1

i Martin S. Kaufman, Esq.

Joro Walker, Esq.

Atlantic Legal Found tion Land and Water Fund of the Rockies 205 E. 42nd St.

165 South Main, Suite 1 New York, NY 10017 Salt Lake City, UT 84111 L

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l Dock.et No.(s)72-22-ISFSI UTAH LEGISLATURE RESOLUTIONS l

Denise' Chancellor, Esq.

Assistant Attorney General Jay E. Silberg, Esq.

' Utah. Attorney General's Office Shaw, Pittman, Potts and Trowbridge

.160 East 300 South, 5th Floor 2300 N Street, NW P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT 84114 John Paul Kennedy, Esq.

Clayton J. Parr, Esq.

Confederated Tribes of the Goshute Castle Rock, et al.

Reservation and David Pete Parr, Waddoups, Brown, Gee & Loveless i

1385 Yale Avenue 185 South State Street, Suite 1300 Salt Lake City, UT 84105 Salt Lake City, UT 84111 Danny Quintana, Esq.

Richard Wilson Skull Valley Band of Goshute Indians Department of Physics Danny Quintana & Assocs., P.C.

Harvard University 50 West Broadway, Fourth Floor Cambridge, MA 02138 Salt Lake City, UT 84101 Dated at Rockville, Md. this 2 day of April 1998 b Y/yt b ovvi, Office of the SecretWry of the40mmissf6n t

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