ML19332A887: Difference between revisions

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UNITED STATES OF AMERICA        [2 NUCLEAR REGULATORY COMMISSION      LtJ  T I''3 E > '-5    -
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                                                                  \      p;.cWw E E n"e C U
BEFORE THE NUCLEAR REGULATORY COMMISSION $.
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In the Matter of                    )
                                                  )
4            PUGET SOUND POWER & LIGHT            )        Docket Nos. STN 50-522 COMPANY, ET AL.                    )                      ,STN 50-523 (Skagit Nuclear Power Project, September 11, 1980 Units 1 and 2)                    )
SUGGESTION OF MOOTNESS The three petitioner Indian tribes which are before the Commission on review of the denial of their intervention are in receipt of the licensing board chairman's order of August 27, 1980, which provides in paragraph 4(d) that This proceeding shall be deemed to have been concluded insofar as the Skagit site is concerned and no further evidentiary hearings thereon are contemplated.
Petitioners construe this paragraph as indicating that the proceeding on the Skagit Nuclear Power Project near Sedro Woolley is for all intents and purposes terminated. Petitioners further understand that in the event such proceeding is revived or otherwise reinstituted, a new notice of hearing would be initiated by the Commission and they would have an opportunity to intervene under normal Commission rules. Under these cir-cumstances, petitioners see no purpose in further pursuing inter-vention.
Accordingly petitioners submit that full Commission review d
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of the orders and opinions below is no longer necessary.            But petitioners also respectfully submit that the reports of Com-mission proceedings published under the Administrative Procedure Act, including official and unofficial reports, should contain an entry indicating that Commission review of the Licensing Board and Appeal Board actions below has been mooted in order to clarify the precedential value of those opinions, memoranda and orders.
Resp  fully submitt        ,
ted        .
Russell W. Busch Attorney for Upper Skagit and Sauk-Suiattle Tribes Donald S. Means Attorney for Swinomish Tribal Community}}

Latest revision as of 15:35, 31 January 2020

Statement Suggesting That Full Commission Review of Orders & Opinions Below Not Necessary Due to Mootness.Aslb 800827 Order Indicates Proceeding Has Terminated
ML19332A887
Person / Time
Site: Skagit
Issue date: 09/11/1980
From: Busch R, Means D
AFFILIATION NOT ASSIGNED
To:
NRC COMMISSION (OCM)
References
NUDOCS 8009180528
Download: ML19332A887 (2)
v • d • e


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UNITED STATES OF AMERICA [2 NUCLEAR REGULATORY COMMISSION LtJ T I3 E > '-5 -

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BEFORE THE NUCLEAR REGULATORY COMMISSION $.

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In the Matter of )

)

4 PUGET SOUND POWER & LIGHT ) Docket Nos. STN 50-522 COMPANY, ET AL. ) ,STN 50-523 (Skagit Nuclear Power Project, September 11, 1980 Units 1 and 2) )

SUGGESTION OF MOOTNESS The three petitioner Indian tribes which are before the Commission on review of the denial of their intervention are in receipt of the licensing board chairman's order of August 27, 1980, which provides in paragraph 4(d) that This proceeding shall be deemed to have been concluded insofar as the Skagit site is concerned and no further evidentiary hearings thereon are contemplated.

Petitioners construe this paragraph as indicating that the proceeding on the Skagit Nuclear Power Project near Sedro Woolley is for all intents and purposes terminated. Petitioners further understand that in the event such proceeding is revived or otherwise reinstituted, a new notice of hearing would be initiated by the Commission and they would have an opportunity to intervene under normal Commission rules. Under these cir-cumstances, petitioners see no purpose in further pursuing inter-vention.

Accordingly petitioners submit that full Commission review d

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o a

of the orders and opinions below is no longer necessary. But petitioners also respectfully submit that the reports of Com-mission proceedings published under the Administrative Procedure Act, including official and unofficial reports, should contain an entry indicating that Commission review of the Licensing Board and Appeal Board actions below has been mooted in order to clarify the precedential value of those opinions, memoranda and orders.

Resp fully submitt ,

ted .

Russell W. Busch Attorney for Upper Skagit and Sauk-Suiattle Tribes Donald S. Means Attorney for Swinomish Tribal Community

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