POLICY ISSUE 

INFORMATION 

December 29, 2007 SECY-08-0001

FOR: The Commissioners 

FROM: Luis A. Reyes 

 Executive Director for Operations 

SUBJECT: STATUS UPDATE ON CONSULTATION WITH NATIVE AMERICAN 

TRIBES WHO MAY BE AFFECTED BY A COMMERCIAL REACTOR 

PROPOSED FOR GALENA, ALASKA 

PURPOSE: 

To provide a status update on the progress of consultation with the appropriate Native American 

Tribal Governments who may be affected by the potential application for licensing of a nuclear 

reactor to be sited in Galena, Alaska. This paper does not address any new commitments. 

BACKGROUND: 

In the Staff Requirements Memorandum to SECY-05-0121, “Request to Consider Developing a 

Formal Tribal Consultation Protocol,” dated August 4, 2005, the Commission directed staff to 

engage in consultation with the appropriate Native American Tribal Governments with interests 

in the proposed siting of a nuclear reactor in Galena, Alaska. In SECY-06-0119, “Status Update 

on the Request to Consider Developing a Formal Tribal Consultation Protocol,” dated 

May 22, 2006, staff provided a status update on the progress of consultation with Native 

American Indian Tribes located in the Galena, Alaska, area and in the Yukon River Watershed 

(potentially affected Native American Tribes). That paper included a discussion of the U.S. 

Nuclear Regulatory Commission’s (NRC) Tribal Consultation Team (TCT), which was 

CONTACT: Richard H. Turtil, FSME/DILR 

 (301) 415-2308 
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established for purposes of supporting NRC consultation activities with the appropriate 

potentially affected Native American Tribal Governments in view of the proposed reactor. As a 

primary responsibility, the TCT engages in dialogue and consultation with the appropriate Native 

American Tribal Governments who may be affected by actions taken by Toshiba Corporation 

and the City of Galena. Staff also committed to providing a future status report to the 

Commission on matters related to consultation with the potentially affected Native American 

Tribes and the work of the TCT. 

DISCUSSION: 

Much of the Native American Tribal interest in the potential siting of a nuclear reactor in Galena, 

Alaska, arises from activity directly undertaken by the City of Galena and by Toshiba 

Corporation. While little such activity has occurred until recently, NRC has pursued regular 

dialogue with tribal representatives of the potentially affected Native American Tribes in order to 

maintain and strengthen ties between NRC and the tribes and to support future government-togovernment consultative needs of the area’s indigenous people. 

Meetings with Tribal Representatives of the Potentially Affected Native American Tribes 

NRC staff have pursued several avenues to further develop its relationship with the potentially 

affected Native American Tribes. In Spring 2007, the TCT hosted two teleconferences with 

Native American Tribal Government representatives to discuss interest in tribal consultation in 

relation to the potential reactor licensing application. The objective of those teleconferences 

was to develop an understanding of the needs of the appropriate Native American Tribal 

Governments, identify prospective roles, responsibilities, and expectations of the Native 

American Tribal Governments and of the NRC, and establish and maintain effective 

communications with the appropriate Native American Tribal Governments regarding tribal 

consultation. 

Participation in both the April 5 and April 12, 2007, teleconferences included many tribal 

representatives and others involved in Yukon River-area tribal affairs, including tribal leaders 

from the Kaltag, Koyukuk, Louden, Ruby, and Nenana Tribal Councils, Lucy Simpson, staff 

attorney of the Indian Law Resource Center, and Robert Rosenfeld, Alaska Region Director of 

the Yukon River Inter-Tribal Watershed Council (YRITWC). (Established in 1997, the YRITWC 

currently consists of 66 Tribal Governments, 53 located in Alaska and 13 located in Canada, 

and is committed to protecting the Yukon River and its Watershed through clean-up and 

preservation activities.) Discussions included the definition of “consultation” and the intent of 

Executive Orders which direct Federal agencies to establish timely and meaningful consultation 

and coordination with tribes. These discussions also resulted in staff’s developing preliminary 

draft guidance for directing consultative interactions with the potentially affected Native 

American Tribes. 

As a follow-up to the April 2007 discussions, NRC staff attended the June 2007, National 

Congress of American Indians Mid-Year Conference in Anchorage, Alaska. The conference 

hosted approximately 1,200 attendees, representing roughly 250 of the 562 Federallyrecognized tribes, including tribal representatives from the potentially affected Native American 

Tribes. The conference focused on a variety of issues, including economic development, 

natural resources, education, and the preservation of Native cultures. Staff presented a 

slideshow on NRC’s role, responsibility, and authority in licensing and regulating nuclear 
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material, and on its commitment to establishing and maintaining effective government-togovernment communications and working relationships with Native American Tribes. 

In August 2007, the YRITWC held its 10th Anniversary Summit in St. Mary’s, Alaska. Per a 

May 7, 2007, invitation to the NRC, staff intended to attend and participate in that Summit. 

However, as the Summit date drew closer, organizing personnel with the YRITWC informed 

NRC that due to scheduling limitations, they would be unable to support a formal NRC 

presentation or meetings with tribal members of the potentially affected Native American Tribes. 

Accordingly, staff chose not to attend the August 2007 Summit. 

Recent Activity by Toshiba Corporation and the City of Galena, Alaska 

Per an August 24, 2007 request from Toshiba Corporation for a pre-application meeting with 

NRC for design approval of the Toshiba “Super-Safe, Small, and Simple” (4S) reactor, 

(Agencywide Documents Access and Management System (ADAMS) Accession Number 

ML072540677), NRC held a meeting with Toshiba and its three project partners, Japan’s 

Central Research Institute for Electric Power Industry, Westinghouse Electric Company, and 

Argonne National Laboratory, on October 23, 2007, to discuss their request to engage the NRC 

staff in pre-application review activities for design approval of the 4S reactor. During its 

presentation, Toshiba outlined a proposed pre-application review plan, culminating in the 

submittal of a 4S design approval application in early Calendar Year 2009. The pre-application 

review meeting was held in the NRC Auditorium, and was attended by pre-applicant team 

members from Japan and the United States, NRC staff, and members of the public. 

Staff arranged for a telephone bridge line and informed tribal representatives of the potentially 

affected Native American Tribes and the YRITWC of the scheduled meeting. Three of the six 

members of the public who participated by bridge line (March Runner of the Louden Tribal 

Council, Peter Demoski of the Nulato Tribal Council, and Robert Rosenfeld of the YRITWC) 

represented the potentially affected Native American Tribes located within the Yukon River 

watershed. During the end-of-meeting public comment period, the YRITWC stated its position 

opposing the transport, storage, and experimentation of radioactive materials on the Yukon 

River Watershed, as well as opposition to the 4S reactor. (Official NRC transcript of meeting 

proceedings at ADAMS Accession Number ML073050078.) 

Status of NRC’s Consultative Role with the Potentially Affected Native American Tribes 

As required by the TCT’s Scope of Work communicated in SECY-06-0119, staff has continued 

to engage Tribal Governments of the potentially affected Native American Tribes in an 

information sharing and consultative role. Staff has obtained the necessary contact information 

needed to communicate with individual tribal leaders and with those organizations that 

represent Native American Tribes along the Yukon River. Staff of the TCT, representing six 

NRC Offices and one Region, possess knowledge, experience, and expertise in a variety of 

regulatory disciplines and has spoken with tribal representatives on multiple occasions to 

provide information and respond to questions on the NRC’s licensing and pre-application review 

processes that may arise from the Toshiba Corporation 4S reactor proposal. As a result, staff 

has begun to develop an understanding of the needs of the potentially affected Native American 

Tribes. In particular, staff recognize the tribes’ need to better understand NRC’s pre-licensing 

activities and its technical and licensing review processes. Staff has identified as a priority the 
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identification of, and communication to the potentially affected tribes and tribal organizations 

about, opportunities for public participation and involvement. Staff has communicated this 

information to tribal leaders and is committed to maintaining this level of communication 

throughout its relationship with the tribes and the YRITWC. 

The TCT has provided a forum in which tribes speak with other potentially affected tribes, and 

with knowledgeable NRC representatives, to gain greater clarification and understanding of prelicensing and licensing proceedings. Such meetings have provided NRC staff with the 

opportunity to listen to particular concerns and gain a better understanding of the often complex 

relationships that shape and inform tribal policy and subsequent action taken in response to 

issues raised by the Toshiba 4S proposal. Finally, as the TCT is comprised of NRC staff who 

learn of actions and requests by Toshiba Corporation and the City of Galena through their 

primary Office activities, the TCT, and subsequently the potentially affected Native American 

Tribes, learn of important information in a timely manner. 

Members of NRC’s TCT staff continue to reach out to established tribal contacts, and seek to 

address the concerns of both individual tribes and the tribal representative group, the YRITWC. 

Moreover, the TCT remains abreast of current activities undertaken by principal participants 

Toshiba Corporation and the City of Galena, and informs tribal interests, through multiple 

avenues of communication, about activities (such as public meetings) associated with the 

potential license application for a 4S reactor in Galena, Alaska. When necessary, the TCT also 

works with the tribes to improve communication and to more clearly define consultative roles in 

light of regulatory processes and other administrative and technical issues that arise from 

NRC’s pre-licensing and licensing activities. 

Path Forward 

The current relationship between the NRC and the potentially affected Native American Tribes 

provides for effective communication and consultation on issues related to the potential 

application for licensing of a nuclear reactor in Galena, Alaska. The TCT and other NRC staff 

plan to continue working with the potentially affected Native American Tribes and will rely on 

past practices to further the NRC’s consultative relationship. These practices include pro-active 

outreach and communication such as teleconference meetings and participation by staff at 

regional conferences, meetings, or trade shows. Additionally, continued dialogue led by NRC 

technical and legal experts, and by staff who are well versed in administrative procedure, will be 

used to educate and inform tribal leaders and representatives and to assist them in developing 

tribal policies and strategies. At this time, the staff does not believe that written agreements 

between the NRC and the tribes related to the proposed Galena reactor will provide for 

additional effectiveness or efficiency in the NRC’s consultative relationship with the potentially 

affected Native American Tribes, and the staff does not plan to pursue such protocols. 

RESOURCES: 

Staff estimates approximately 0.42 full-time equivalents (FTE) is required in Fiscal Year 

(FY) 2008 to continue to engage in consultation with the appropriate Native American Tribal 

Governments who may be affected by the potential application for licensing of a nuclear reactor 

to be sited in Galena, Alaska. Resource requirements are broken out as follows: 0.12 FTE for 

the Office of Federal and State Materials and Environmental Management Programs, and 0.05 
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FTE each for the Office of New Reactors, Office of the General Council, Office of Nuclear 

Regulatory Research, Office of Nuclear Security and Incident Response, Office of Nuclear 

Material Safety and Safeguards, and Region IV. These resources are included in the FY 2008 

budget. No funds for reimbursement to Native American Tribal governments are necessary at 

this time. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objection. The 

Office of the Chief Financial Officer has reviewed this paper for resource implications and 

concurs. Region IV has reviewed this paper and concurs. This paper has also been 

coordinated with the Office of International Programs, which has no objections. 

 /RA Martin J. Virgilio for/ 

Luis A. Reyes 

Executive Director 

 for Operations 
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Material Safety and Safeguards, and Region IV. These resources are included in the FY 2008 

budget. No funds for reimbursement to Native American Tribal governments are necessary at 

this time. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objection. The 

Office of the Chief Financial Officer has reviewed this paper for resource implications and 

concurs. Region IV has reviewed this paper and concurs. This paper has also been 

coordinated with the Office of International Programs, which has no objections. 

 /RA Martin J. Virgilio for/ 

Luis A. Reyes 

Executive Director 

 for Operations 

ML073450303 WITS200500276/EDATS: SECY2007-0471 

OFFICE FSME FSME RES NRO NSIR NMSS 

NAME R.Turtil D.Rathbun D.Cool for 

J.Jolicoeur 

R.Turtil for 

W.Reckley 

R.Turtil for 

D.Huyck K.Stablein 

DATE 12/12/07 12/13/07 12/14/07 12/13/07 12/14/07 12/14/07 

OFFICE OGC CFO OIP TechEd FSME EDO 

NAME R.Turtil for 

C.Cameron 

T.Croote for 

H.Le 

R.Turtil for 

C.Abrams C.Poland G.Pangburn for C.Miller 

M.Virgilio for 

L.Reyes 

DATE 12/17/07 12/14/07 12/13/07 12/18/07 12/20/07 12/29/07 

OFFICIAL RECORD COPY