From: Heather Westra [hwestra@piic.org]

Sent: Tuesday, May 20, 2008 4:44 PM

To: Rani Franovich

Subject: Re: PIIC's Comments on Draft Memorandum of Understanding 

(MOU)

Hi Rani

I just spoke with Phil Mahowald, PIIC General Counsel, about the MOU.

We agree that item IV A. 5 does not need to be in the MOU. I am 

wondering, however, how long 

it will take NRC staff to review our suggestions and get back to us and 

whether the Commission 

will want to review the MOU.

With regard to item IV. B, specifically the clause about reviewing the 

entire SEIS, it appears that 

other sections of the MOU address that concern and, as you explained, we

will have an 

opportunity as a stake holder. Never the less, what would you think 

about putting in a provision, 

under V. Other Provisions, that states something about the tribe 

retaining the right to review the 

draft and final SEIS and provide comments? Just so it is clear to 

everyone concerned?

Thanks for your feedback on our suggestions. I look forward to hearing 

from you.

Best regards,

Heather

--------------------------

Sent using BlackBerry

----- Original Message -----

From: Rani Franovich <Rani.Franovich@nrc.gov>

To: Heather Westra

Sent: Tue May 20 10:00:14 2008

Subject: PIIC's Comments on Draft Memorandum of Understanding (MOU)

Hi Heather,

Thanks for the returned call yesterday to talk about the PIIC's comments

on the Draft MOU. It 

was very helpful for me to understand the PIIC's concerns and desires... 

the insight helps us to 

be responsive to them.

As we discussed yesterday, the NRC staff is considering the comments. 

With respect to item 

IV.A.5, you indicated to me that the PIIC wants to have the MOU in 
effect at the time of 

acceptance to ensure that it will be involved as early as possible in 

the review. I explained that, 

as the Draft MOU cover letter states, the NRC will consider the PIIC's 

status as a cooperating 

agency to be effective at the time the MOU is signed by both the NRC and

the PIIC. I also 

indicated that the NRC's acceptance review is independent of the MOU and

that we may accept 

the application some time next week. The timing of the official 

acceptance and signing of the 

MOU may be coincidental, but they are not linked. Since cooperating 

agency status hinges on 

the signing of the MOU, and not on the NRC's acceptance of the 

application, we agreed that 

item IV.A.5 may not be needed. You indicated that you wanted to discuss

this further with Phil 

and get back to me later this week.

We also discussed the proposed changes involving PIIC's access to entire

working copies (vice 

sections related to areas of special expertise) of the draft and final 

SEIS. I indicated that we are 

considering this request and that the timeframes for the PIIC's review 

might not change. You 

indicated to me that the PIIC wanted to make sure that it is not limited

to commenting on areas 

beyond those defined in the MOU. As I indicated yesterday, the PIIC, 

like any other stakeholder, 

will have the opportunity to comment broadly on the scope of our review 

and on our draft SEIS. 

The purpose of the MOU is to define the areas for its participation as a

cooperating agency and 

does not preclude the ability to submit comments at these established 

opportunities for public 

involvement. You seemed to be satisfied with this distinction and 

encouraged to know that the 

MOU did not limit the PIIC's ability to comment more broadly. You 

wanted to talk with Phil about 

this as well.

We discussed another proposed change that would allow the PIIC 60 days 

(rather than 25 days) 

from the signing of the MOU to provide data and information on topics 

related to areas of 

expertise to the NRC. I indicated that this seemed reasonable and that 

I would discuss it further 

with our folks.

I look forward to talking with you again about these items once you have

had a chance to 

discuss them with Phil.

Take care,
Rani

The information contained in this email message is privileged and 

confidential information 

intended only for the use of the individual or entity named above. If 

the reader of this message is 

not the intended recipient, you are hereby notified that any 

dissemination, distribution or copying 

of this communication is strictly prohibited. If you have received this 

communication in error, 

please immediately notify us by telephone at 800-554-5473, ext. 4136 or 

by email to 

legal@piic.org.

Thank you.