ML20247C926

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Discusses T Strong 880103 Telcon Re Spokane Tribe & Western Nuclear Negotiations for Tribe to Take Over Mill. Jurisdiction for Mill Reverts Back to NRC If Tribe Becomes Licensee
ML20247C926
Person / Time
Issue date: 01/03/1989
From: Schneider K
NRC
To: Miller V
NRC
Shared Package
ML20245H601 List:
References
FOIA-89-157 NUDOCS 8905250088
Download: ML20247C926 (6)
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January 3,1988 Note for:

Vandy L. Miller From:

Kathleen Schneider

Subject:

Western Nuclear Mill in the State of Washington I received a call from Terry Strong (206-586-8949 - newdirectnumber) regarding the status of the Western Nuclear Mill. The Spokane tribe and Western Nuclear have been negotiatir.g the past several months for the Spokane Tribe to take over the Western Nuclear Mill.

If the Spokane Indian Tribe becomes the licensee, then the jurisdiction reverts back to NRC.

(Note, we have had one round of correspondence on this issue that D. Mackenzie was the lead on). Terry Strong received information from his inspector, Leo Wainhouse on December 19, 1988 that the Tribe had voted (December 17,1988) to accept Western Nucleer Mill. !Iowever, the Tribe has also hired a new lawyer in this time frame, who has recommended that additional conditions be placed on the transfer.

The conditions are 1.

The Spokane tribe wants a guarantee from the parent company, Phelps Dodce, that they will be responsible for any environmental action necessary even though the tribe becomes the licensee.

2.

The mill is in cold storage now (no heat to the building, only minimum security). The Tribe wants the mill and all ecuipment to be in operation condition before the transfer occurs.

The State of Washington is concern since they have had no official corresponded.ce on this development. Terry Strong is concerned about what action the State of Washington or NRC might need to take if Western Nuclear does not accept the eddition condition placed on the transfer by the Tribe.

I told him that I would inform you of this development. We also discussed what the State's options are on closure if the licensee does not request termination. He had not talked to J. Hornor yet.

I did not recommend any action on the regulators part at this time. The State of Washington is continuing with their inspections of the facility.

cc:

J. Kendig D. Mackenzie J. Hornor J. Lubenau

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bhb September 23, 1988 Mr. Terry R.

Strong Chief, Office of Radiation Protection Department of Social & Health Services Building 5, Air Industrial Park Mail Stop LE-13 Olympia, WA 98504 Radioactive Materials License Re:

No. WN 10133-3

Dear Mr. Strong:

DSHS has been the licensing agency for the Sherwood Complex on Western Nuclear, Inc., and the the Spokane Indian Reservation.

in principle regarding Spokane Tribe have reached an agreementProvided certain conditions are met, the Sherwood property.Inc., will be transferring and the Spokane Tribe Western Nuclear, will be receiving the Sherwood project.

the Spokane Tribe By copy of letter attached, you will see that the United States Nuclear Regulatory is requesting that Commission be the licensing agency if and when the Spokane Tribe The assumes full ownership and control of the Sherwood project.

incidentally, has always maintained that since the spokane Tribe, lands of the Tribe, the Nuclear project was located on the trustRegulatory Commission was the on that facility.

the State of The Spokane Tribe of Indians requests that Washington transfer its records and licensing responsibility of We ask the Sherwood project to the Nuclear Regulatory Agency.

I P

e you do so immediately so that the Tribe and Western Nuclear

n. accomplish the transfer as soon as possible.

Sincerely yours, SPOKANE' TRIBE OF INDIANS By:

oe V.

Flett Cha'i. an, Spokane Tribal Bu ' ness Council Enclosure cc:

Carlton Krammerer Nuclear Regulatory Commission Harry Pettengill Nuclear Regulatory Commission Terence Kippen Western Nuclear, Inc.

Richard Munson Energy Fuels Nuclear, Inc.

Michael Whitelaw, Superintendent Bureau of Indian Affairs

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Ret-Meeting - October 17-19, 1988 I,

Dear Mr.

Strong:

l AsyoumaybeawarehheSpokaneTribel'spreparngto ar facility with n the accept transfer of tlie Western Nucle Spokane Reservation and at some future time'will be n

To expedite the transfer, e

processing uranium ore.

nical spokane Tribe is requesting the assi:

stance of key testaff wh'o will ident4fy all essential transfer issued, The agencyrf'sponsibilityand;developamaskschedule.

ribe believes the attendanca of Tribal, fede'ral, Spokane state, apd industry staff is critica to the assuran a of a procedurpilycorrect'tranlsferoftheWesternNuclearmine At this time the Tribe ha identified the and mill.

fellowinh agencies and in'dividuals far the purpose set J

I forth:

Bureau of Indian Affairst gyHinedals,W.D.C.

Don,Aubertin - Divis'icn of Ener i

Jim'LeBret - Portlan'd Area Geol-> gist Donna Bruce - Spokan's Agency Ge ologist!

H.R'.C.:

i Har'ry Pettengill - Chief, Licen sing Branch, Denver, CO Peter Garcia project Manager, Denverf CO Washington State, D.,S.H.S.:

af Radiation Protection Tor lry R. Strong,- Chief Office

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WesternNuclear'Cbrp.:

Ter'ry Kippen - Pr'osident Cor'n Abeyta - She'rwo'od Site Manager

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Ste hanie Baker;- E2ivironmental Specialist i

Spo,ane Tribe:

k Tribal Council.,

Lar'ry Goodrow - Exec,utive Director j

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Gapy Farrell - Attor,ney}i 4

Bob Roberts - Attorney l

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Page 2, October 4, 1988 f

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.t For the purpose of' scheduling your pt'rticipqtion,th Tribe has set side October 17,1 to meet with only Energy F la staf f at the Tribal deittek.

Then on october-18-19, e

Tribe vi 1 neet with ' ail, federal, at sta and industry personnel.

The meetin uclear facility [beginning a( g will be held at the, Western N 10: o a.m. on October lls.

The S;pokane Tribe is look ng forward to meetiing with you j

and s:2aring your ideas and concerns.

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Please contact eithe Joe Flett or Estry Go drow concerning this request.

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Respectfully, i

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MrJoe V. Fleth Chairman

! ; S'pekane Tribi,l Council t

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Don,Aubertin ll l

Donpa Bruce WashingtonStatsRep,onissionresentative s, D.S.N.S.

Nuclear. Regulatory C Ene,rgy Fuels Nuclear Inc.

Western Nuclear) ine',.

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