ML040490633
| ML040490633 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 02/13/2004 |
| From: | Diaz N NRC/OCM |
| To: | Campbell B State of NJ, Dept of Environmental Protection |
| References | |
| G20040105, LTR-04-0074, TAC MC2026 | |
| Download: ML040490633 (4) | |
Text
EDO Principal Correspondence Control FROM:
DUE: 02/27/04 EDO CONTROL: G20040105 DOC DT: 02/13/04 FINAL REPLY:
Bradley M. Campbell State of New Jersey Chairman Diaz FOR SIGNATURE OF :
ROUTING:
Oyster Creek Operating License Travers Norry Paperiello Kane Collins Dean Burns/Cyr Miller, RI DATE: 02/18/04 ASSIGNED TO:
NRR CONTACT:
Dyer SPECIAL INSTRUCTIONS OR REMARKS:
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Feb 17, 2004 15.43 PAPER NUMBER:
ACTION OFFICE:
LTR-04-0074 EDO LOGGING DATE: 02/17/2004 AUTHOR:
AFFILIATION:
ADDRESSEE:
SUBJECT:
Bradley Campbell NJ Nils Diaz Oyster Creek Operating License ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Signature of Chairman Cy RF, SECY/RAS 02/13/2004 No Commission Correspondence, ADAMS via EDO/SECYIDPC for Immediate Release NOTES:
FILE LOCATION:
ADAMS DATE DUE:
03/02/2004 DATE SIGNED:
EDO - G2OQ401O5
VFE-17-2004 07:41 NRC 610 337 5241 P.02 cia E ).ewuvy Deparmcnt of Eaviraomerzl Protectla I B L CR* lW Gcwmi~or POBox 42 rC.oMzas T$onton. NJ 01625-04M Fc (69) 2:1-768S February 13, 2004 Dr. Nils Diaz, Chaian U.S. Nu ear Reguldaoy Commission Wasbinton, D.C. 20555 Dear Chaina Diz I am witng to eWes te State of New Jergey's strong cpposition to the request by AmerGenEnergy LLC for an exemzption to allow lae fling of an applicadon to tew the Nuclear Regatoy Conaission (RC) operating license for Oyster Crck Nuclear Generaig stati OWser Creek's opering license expires an April 9, 2009. Under NRC regulastioss a renewal application is due on Apiil 9,2004. If AmerGen files a renewal appic~tion aier tat date, then the license will expire an April 9,2009 if the NRC has zat completed action on the eewal by te On Aptil 30, 2002, AmeG en filed wilh the NRC a requts for exemption that 9od effectively extend the April 2004 filing deadline. Never in its history, according to our records, has the NRC permited such n exemption. I ask gat the NRC not sEt anew and toublig precedez by ganting the exemption requstL Granting he exenptionwald eate one of two unacceptable situations. Either the exemption would lImit the ime available for public review and constiNt input on the renewal application, or it would lDlow Oyster Creek to operate beymd the expiration date of its license without any assurance that safety ind ecurnty issues raised in the public process have been addrssedL The infomltion that would be provided in the public process would include an cxamnation of the managecnt of aging effects in sufficient detil to conclude tat the plant can be opert sfly during the period of extended operazion. The renewal application is the principal document in which AmerGen would provide the information needed to undestend the basis under which this conclusion has been reached.
Components at Oyna Creek would be examined in an integrated plant assessmznt Environmental information would be provided in the Oyster Creek soplement to the generic en impact statement. The Deparment of Evironmenta Protecdon (DEP) intends to request a public meeting be herear Os Creek to alow pibEc input in identifying eavironrenta ifsiis specifc to the plan: for the license renewal so:inL Emergencyp paueddess wod be addred i4S y cd iprve failites Maw Amy Li ui. Ena Qaflwif Eriw1e,e7
FEB-17-04 07:41 NRC 610 337 5241 P.03 ad upgrad d plant cquipmeut to enure adequate response. An extemal review maybe nece~siy.
Ali of dls informaion is complex, and if constitu=s are going to Provide substaiuve input, we cannot afford any abbrevialon of the time allotted for review and co~ment In a letter to Docket No. 50-219 dated July 30, 2002, the DEP expressed exatly this concern In addidon to reiterating tat conem I must object to e possiliEty bfOyster Creek obtafing the abilf to operate beyond its license expiration date witut complng with the applicable NRC rules. To give Oyster Creek that ability would be without precedent and without regulatory support.
This is paticularly the case iu light of the perfotmance record Et Oyster Crek, Fbih makes clear that this Is nt a model facility. Shortomings in stafng, ergency rewnse capability, and secritypreparedcess docum ted over the pat two years reinforce the hipproprlianess ofAmerGens exemption request, and mitigate for a timely license newal process.
We appreciate the Commissi s high degee of responsiveness to DPc concerns, and it is in the sprit of that continuing reldonship that we express and expand our concems vAth tills exeption request We are avaiale to meet with you, should you need firther infomation. Please contact Dr. l Lipot at 609-984-5636 if you desire a meetng.
Commissioer