ML19209B353

Poses Questions Raised by Indian Tribes 790717 Ltr Re Commercial Fishing in Skagit River.Appeals to NRC to Consider Request for Intervenor Status

ML19209B353
Person / Time
Site:	Skagit
Issue date:	08/29/1979
From:	Melcher J SENATE
To:	Hendrie J NRC COMMISSION (OCM)
References
NUDOCS 7910090551
Download: ML19209B353 (2)

Text

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P00R ORGINAL - e August 29, 1979 g gg M c p g TJC oggg,q, , 4;h,.

Joseph M. WneMa mniv,nm j eg j

[i U.S. Nnclane Regn1nenry Cn',4 =sion f Wnchington, D.C. 20555 a

Dear Mr. Lufrie:

Fm.losed is a letter frca Andy Fernando, Vice an#% of the Upper Skagit Lh Tribe meaming a proposed nuclan project en the Skagit River and atte: pts by his tribe and others to gain inbu sen+m Mng the hearing process.

Apparently, their nW<trative remdies are nearly dmmated mui they are unking a finn 1 appeal to your office. In light of t.he extreme anxiety caused by the proposed plant and the cont: 'bution tfae t=ibes feel they are able to unke for the' bn--ing record, I hope that carefu3. censid-eration will be given to r%i request for intervenor sen*-m.

In additie-n, I r.culd like to request a re x=t fron y* cur=Nv1 o.:.fice byonthe the issues raised by Mr. Fmn,Am. In particular, I am as quote frem the Final F.nvi_.sen1 Stater to the effect tiat "%is sec-tion of the river is not #inhad ew in11y exceDt 'by Tndf=me," IS this quote acc1= ate? If so, wtat agency is responsible? 7as t:ris the culy reference to the droact on Tndinn tribes as Mr. Fernando nThgan?

Is his statemnt nmn ate that Skagit County us y ; M inter-ve=or status despite chair late entry into the procaadiage, yet the tribes have been deiac1 on this basis?

Est effect cbes Congressiccal desir/aticn of part c:f the Skagit River as a Wild and Scenic River have on tm proposal to ifece a nuclear plant above the desientad portion?

Your assistanco is appra";nroA.

Sir y,

• , ni~an, Senate sat ar-r CCCCittee Cn 19diFN .A##ni"3 Enclosure 1116 086 7 910000 f f/

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SKAGIT SYSTEM COOPERATIVE Swinomish

• Upper Skagit

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The Honorable John Melcher k o, %e -

_ United States Senate Dirksen Building - Suite 1123 Washington D.C. 20510

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Dear Senator Melcher:

I am Andy Fernando, vice-chairman of the Upper Skagit Indfan Tribe of northwest Washington State.

My tribes and two others - the Swinomish Tribal Community and ' uk-Suiattle Tribe - are engaged in a struggle to protect our 2,100 men =cer: rem potential adverse impacts of a proposed nuclear project virtually in -the . art of traditional tribal lands. Many of our members harvest salmtan re the Skagit River less than one mile from the plant site during substarntia' periods of the year :nd would be in the expected path of steam clouds frz. the plant cooling towers. We believe our fisheries and our health nazay Eze in jeopardy if these plants are built.

Our tribes, through the Skagit System Cooperative, are cdrs=fucting exhaustive research on current tribal health conditions, and on poterctiaT socio-economic impacts and possible fisheries damage from various aspects of the project construction and operation. Yet there was no attempt to assess impacts to the tribes by either the state licensing agency or the Nuc~ lear- Regulatory Commi ssion. In fact, the only comment relative to impacts to the tribes in the 400-page NRC Final Environmental Statement was, "Whectilon uMhr river is not fished corriercially 4fciibtvuf buunr.1 We find it disturbing that the NRC would even consider lic-ensing two nuclear plants on a river which Congress only last year designateci under the Wild and Scenic Rivers Act, where 300 bald eagles migrate annua 31y where the larcest wild salmon runs in Pucet Sound soawn, between twc: eat-thouake faults ,

and less than twenty miles from one of the nation's most acdive volcanos."

Even the NRC staff noted recently, "On the criteria of (1). visual compata-bility, (2) physical obtrusiveness, and (3) quality of set-ting, Skagit is

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inferior to both Pebble Springs (Oregon) and Hanford (Washington) as a location for a nuclear power plant."

Our tribal governments have been systematically denied acc ess to 1116 087 U__*_ Phone f *20&r.. M or AA6a450

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Atomic Safety and Licensing Board hearings on the Skagit project, despite having the capacity ot offer new testimony to the hearings. This is curious since Skagit County was granted intervenor status by the t.icensing Board in June after being four years tardy. Under these circumstances, we fail to understand how the Licensing Board could have refused cur testimony for more than a year yet grant the county access after it applied only

.. two months ago. This and other actions of this Licensing. Board is indicative of its less than impartial attitude in this licensing procedure.

As of July 11, we were denied in our appeal to gain intervenor ~ status.

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C1r only administrative 'avenua la#t is to appeal directly to the NRC Ccmmissioners. W- c- 5 a -

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s n -cd 9e3 NMm3grepon nMf.ffik.iWe ask further that you wriin NRC Chairman Joseph Hendrie and insist that our tribal mer:ber's security be protected through active participation in licemsing hearings on the Skagit project.

Enclosed are informational materials detailing our substart:tial effort thus far. Please note the testimony given June 5,1979 berfore the House Interior and Insular Affairs Committee - Subcommittese c:n Energy and the Environment.

Short of a protracted and costly legal battle, this is the laist chance available to the tribes for having meaningful participatiam itn the nuclear hearing proce.ss, ,We ask that you not let another : preventable nuclear mistake threaten our people.

Thank you .

Sincer Andy Fe nando Vice-c airman, Upper Sk git Tribe Director, Tribal Nuclear Study Project enclosures}b

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