ML040580136

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G20040077/LTR-04-0054 - Senators Jon S. Corzine & Frank R. Lautenberg Ltr License Renewal for Oyster Creek Nuclear Power Plant (Anne M. Wolff, Township of Berkeley/Jeffrey L. Brown, Brick, New Jersey)
ML040580136
Person / Time
Site: Oyster Creek
Issue date: 01/30/2004
From: Corzine J, Lautenberg F
US SEN (Senate)
To: Diaz N
NRC/Chairman
Shared Package
ML040500484 List:
References
G20040077, LTR-04-0054
Download: ML040580136 (10)


Text

EDO Principal Correspondence Control FROM:

DUE: 02/27/04 Senator Jon S. Corzine Senator Frank R. Lautenberg EDO CONTROL: G20040077 DOC DT: 01/30/04 FINAL REPLY:

Chairman Diaz FOR SIGNATURE OF :

    • GRN CRC NO: 04-0054 Travers, EDO DESC:

ROUTING:

License Renewal for Oyster Creek Nuclear Power Plant (Anne M. Wolff, Township of Berkeley/

Jeffrey L. Brown, Brick, New Jersey)

Travers Norry Paperiello Kane Collins Dean Burns/Cyr Miller, RI DATE: 02/06/04 ASSIGNED TO:

NRR CONTACT:

Dyer SPECIAL INSTRUCTIONS OR REMARKS:

- C )/- VV\\11 F'- -Obs



OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Feb 06, 2004 11:00 PAPER NUMBER:

ACTION OFFICE:

LTR-04-0054 EDO LOGGING DATE: 02/06/2004 AUTHOR:

AFFILIATION:

ADDRESSEE:

SUBJECT:

SEN Jon Corzine SEN CHRM Nils Diaz

.Concerns the license renewal of Oyster Creek ACTION:

DISTRIBUTION:

LETTER DATE:

ACKNOWLEDGED SPECIAL HANDLING:

Signature of EDO RF, OCA to Ack 01/30/2004 No NOTES:

FILE LOCATION:

ADAMS DATE DUE:

02/27/2004 DATE SIGNED:

.D EDO - -G20040077

02/05/2004 15:31 FAX Q2001

.15./

04 FEE -5 34 United States Senate Washington, D. C 20510 January 30, 2004 Hon. Nils J. Diaz Chairman Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Dear Chairman Diaz:

We have been contacted by a number of community groups expressing concern over the potential renewal of an NRC license for the Oyster Creek nuclear power plant in Lacey Township in our state of New Jersey.

As you know, Oyster Creek is the oldest operating nuclear plant in the country.

Its license to operate expires in 2005, and Exelon, the owner/operator of the plant, is entitled to request a five-year extension. Should it decide to do so, the plant would be operational until 2009, when it will have been functioning for 40 years. The enclosed correspondence from my constituents raises questions concerning safety and reliability.

Understanding the potential of nuclear power as an eaergy resource, we also believe safety concerns need to be addressed. We urge your expedited review of these issues and an understanding from your office about the impEct on the community should such a renewal be authorized.

We look forward to hearing from you at your earliest opportunity.

Sincerely, on S. Corzine Shrank R Laut erg United States Senator UJnited States Senator

ih, annWJ UV e

02/o5/2004 15:31 FAX 1/3B/293 15:16 173255815 BERKELEY TVP CLERKS PAGE 01 03-398-R A RESOLUTION OF THE TOWNtSHIP COUNCIL tF THlE TOWNtSHIP OF BERKELEY

.. 6LIN4G FOR THE DECOtMISSIONING Of THIS NUCLEAR POWER PLANT WITH{

.P' CALL FOR CLEAR ENERGY SOLUTIONS 7MD A JUST TRANSITION EOR DISPLACED OYSTER CREEK NUCLEAR POWER PIANT WORMS.

October 28, 2003 WHERMS, the recent power outages in Ocean County including the shut down of the Oyster Creek Nuclear Powftr Plant constitute a.deep and abiding concern that mazjor changes should be made to 0u=.energy sources and transadssion imcnc.anism-s; and WHEREAS, the Oyster Creek Nuclear Power Plant produce8 less than lt of the energy on. the PJM Electric Grid and can be replaced by alternative sources of enartjy; and

WHEREAS, the Berkeley Township (::uncil has in the past expressed opposition and concern to thu activities of JCP&L and the subioquent owner3 of the Oyster Creek Nuclear Power Plant.

specifically by:

(1? joining William DeCamp, Jr. in a

Prerogative Writ Action in 1994 against JCP&L-and the Lacey Township Zoning Board of Adjustment which permitted the storage of spent nuclear fuel rods at the Oyster Creek Nuclear Power Plant at a cost that was funded by the ta:qpayers of Berkeley Township.

(2) adopting a Resolution on April 12; 1994 Urging the Lacey Township Zonitg Board of Adjustment to reconsider the ap:plication of GPU/JCP&L's storage of nuclear waste at tho Oyster Creek Nuelear Power Plant.

(3) adopting a Resolution on May 13, 2003 requesing an independent evacuation study and a plan for the Oyster Creek Nuclearr Generating Station to protect Berkeley Township in the event of an emer~gency at theo Oyster.Cx-cek Generati ng Station; and of a eiergncy t te Oste C~ok Gnertii A'

02/05/2004 15:31 FAX l003

WHEREAS, there is a

lack of public confidence in the evacuation plan based on the consensus that the plan 'is insufficient to evacuate residents in the Ocean County area; and

WHEREAS, in the case of a major nuclear accident, it would take one to four hours for radioact*ive plwmes to spread within a ten mile ring.,of the Oyster Creek Nuclear Power Plant depending on the weather and evacuation would take considerably longer than four hours for the approximrately 244,00ob people Located within that radius; and WHEREAS, radioactive releases could cause cancer in people as far as 500 miles away and make homes uninhabitable according to a 1990 Sandiia National Laboratories Report; and WHEREAS, the elevated fuel poo.L at the Oyster Creek Nuclear Power Plant containing highly radioactive waste does not offer adecquate protection in the event of stronc weather situations or terrorist attack; and
WHEREAS, the Oyster Creek Nuclear Power Plant is the oldest operating nuclea_ power plant in the country;
WHEREAS, in 1985 the.Nuclear Regulatory Commission said the Mark I Nuclear Reactor Containment ;ystem is a faulty design and has a

90%

projected failure rate in case of an accident the-efore mnaking it necessary to vc.!rt the pressure bu ld up to avoid rupturing the containment system; and

WHEREAS, the Nuclear Regulatory Commission has not taker.

enforcement action - against an 11 year old non-compliance identified in a

January 24, 200 i Triennial Fire Proection Inspection Report involving the ability of the reactor to sfely shut down in the event of a fire, ixposing the public tc undue risk: and WHEREAS, nuclear power poses s:fety and envirormental risks and is heavily dependant on taxpaver and ratepayer subsidies, and generates cancer causing Strontium 90,

NOW, THEREFORE, BE IT RESOLVED;1 BY THE TOWNSHIP COUNCIL OF TI!E TOWNSHIP OF BERRELEY, IN THE CO1TY OF OCEAN AND STATE Cr NEW JERSEY, that the Nuclear RequlEtory Coimission is urged to decoamrission the Oyster Creek Nuclear Power Plant in April, 2004 I.n.

j93 f, 4*

1J 004 02/05/2004 15:31 FAX rfaw c-EERKELEY I ~Ip aULwRb 1V,38!2EID3 15:2b 173250581 45 with a just transition period to insure that all affected workers are retrained and rehired; and be it further izrVztOvF0n thart the Berkeley To~wnrl~iP, counflC.L urge"i implementation

'and usc of clean energy solbti.on5,

  • including renewable energy such as aolar and wind power for vhich state funds are available, and energy conseiraation: and be it further' RESOLVED that a copy of this Resolution shall be forwarded to the folloving:
1.

Governor James E. McGrce <ey

2.

Senator Jon S. Corzine, One

lewark Center, I"'
Floor, INewark, Now Jersey, 07102
3.

Senator Franik Lautenberg, On1 Gateway Center, 23rd

.Floor, Newark, New Jersey, 07102

4.

Congressman Robert Menendez, 2238 Rayburn HDB, Washington, DC 20515-3013

5.

Congressman Rush D. Iolt, 1019 Longworth HOB, Washington, DC 20515-3012 Ci.

Congressman Rodney P. Frelingauysen, 2442 Rayburn !HOBf Washington, DC 20515-3011

7.

Congressman Donald M. Payne, 2209 Rayburn ROB, Washington, DC 20515-3010 8;

Congressmn Steven R. Rot hman, 1607 Longworth UOB, Washington, DC 20515-30o9

9.

Congressman Bill Pascrell Jr... 1722 Longworth X1B, Washington, DC 20515-3008

10.

Congressman Miko Ferguson, 21^'

CaGhon HOB, Washington, Dc 20515-3007

11.

Congressman Ftrnk Pallone Jr.. 420 Cannon HOB, Washington, DC 20515-3006

12.

Congressman Scott ;arrett, 16l11 L'ongworth HOB,

'Washington, DC 2051.5-3005

13.

Congressman Christopher ii Smith, 2313 Rayburn HRO, Washington, DC 205.15-3004

14.

Congressman Jim Saxton, 339 Cannon HOE, Washington, DC t

'I1!

I' 20515-3D03

15. Congressman Frank A. LoBiondo, 225 Cannon HO0E,

'Washington, DC 20515-3002

16.

Congtetaman Robert E. Andjrews, 2439 R~ayburnl IiDB, Washington, DC 20515-300!

117.

No Jecrsoy Department of Envyirmflmentlt protectionl P_

0.Box 4,02, Trenton. N v Jterse:. CB62

18.

14uclehr Regulatory Co.-nissiv.n, One~ White Flint 14GXth, 11555 Rockv.ille'Pike, Rockvillo3, MD, 20852

'd % *.'- -~

pd 4.n

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A-,

( 005b 02/o5/2004 15:31 FAX 18e30/2803 15:16 17325BS8145 EERKELEY

'.W CLERKS PAGE B4

19.

U.S. Enviroszental Protection Agency, 1200 Pennsylaenia AVenue NW, Washlinglon DCp 20460

20.

Jersey Shore NucLear Watch, 59 Blerkshire Court, Tons River, Newv Jersey, 08753

21.

HJPIRG, 11 North Willow Street, Trenton, NJew Jersey, 08608

22.

Mayor urn! Council Members

23.

Township Attorney AffNE f.

WOLIF, Council President Ia" 'i"e "la Wa Im y

. I I

.h no,a

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- Z:

02/05/2004 15:32 FAX Z 006 22 Mary Ann Drive Brick, NJ 08723 September 10, 2003 U.S. Senator Jon S. Corzine' Washington DC 20510

Dear Senator Corzine:

I have recently moved from Montclair to Brick and am writing you regarding the Oyster Creek Nuclear Power Plant.

I would like to know:

1. Do you currently support the retirement of this facility by the expiration of its original forty year license in 2009?
2. If not, under what conditions would you support this retircrient?
3. Do you support Oyster Creek's early retirement before 2009?

Since moving to Brick, I have attended an annual public hearinn in Dover Township regarding the state's evacuation plan under the auspices of the State Police and the New Jersey Department of Environmental Protection. A clear majority of public participants clearly did not believe the evacuation plan would work. Speaker after speaker challenged its assumptions, e.g., that people like me in Brick would stay put in the case of an accident or terrorist attack on the plant because we're outside the magical ten mile radius for official evacuation.

I have also read NJPIRG's April 2003 report, Unnecessawy Risk. The Case for Retiring Oyster Creek Nuclear Power Plant. They have cogently laid out the potential problems of the plant's continued operation and have made a clear case that energy efficiency and renewable energy sources can more than replace Oyster Creek's 1% contribution to the PJM grid:

California's experience, in the face of its energy crisis last year, demonstrated that a concerted effort resulted insa rediuctiori of electricity-demand in the state by 6 percent from the same seven-month time period a year earlier, and a peak reducdion of 11 percent over the previous year, with continued growth in the state economy. (p.38)

As someone who supported your election to the United States Senate, I hope you will be willing to play a leadership role in making New Jersey more secure by assuring the retirement of the Oyster Creek Nuclear Reactor by -- or better yet - before 2009.

Thank you very much for your consideration of this inquiry.

Sinc(erly yours, y

L.

Brown

. *..I b

02/05/2004 15:32 FAX 1 007 NJPIRG

..N~..E 11 N. Willow St.

njpirgopirg.org Ti enton, NJ 08608-1 203 www.njpirg.org (609} 394-8155 (ph)

(609) 989-9013 (fx)

New Jersey Public interest Research Group For Immediate Release:

For More Information

Contact:

October 30, 2003 Suzanne Leta, Energy Associate 609-394-8155 x310 sleta&njpirg.org PRESS RELEASE NJPIRG AND JERSEY SHORE NUCL EAR WATCH HOLD MEETING ON RETIRI!NG OYSTER CREEK NUCLEAR POETR'PLANT Torms River, New Jersey-New Jersey Public Interest Research Group (NJPIRG), Jersey Shore Nuclear Watch, local officials and community members gathered at the Ocean County Administration Building for a town meeting to discuss the retirement of Oyster Cieek Nuclear Power Plant. Broad participation at the meeting clearly showed that concern is mounting over whether Oyster Creek's owners will apply to continue operating the plant beyond its 40-year lifetime. The plant's current operating license is set to end in 2009 and the deadline for the owners to apply for a license extension is this coming April.

Paul Gunter, Director of the Reactor Watchdog Project for Washington, DC-based Nuclear Information and Resource Service (NIRS), opened the meeting b.y presenting on the plant's bad design, poor security, aging components and flawed evacuation plans. "As the old adage states,

'Forewarned is forearmed,'" said Gunter. "The communities surrounding the aging and deteriorating Oyster Creek nuclear power station need to know the real dangers of the operation and potential license extension of the oldest nuclear power station in the United States," he concluded.

Following the presentation, NJIPRG Energy Advocate Emily Ruscl outlined NJPIRG's plan for the safe retirement of the plant and New Jersey's ability to replace the power with cleaner, safer energy sources. "Our research shows that through clean energy developmrnit combined with greater energy efficiency, New Jersey can easily replace the power provided by Oyster Creek," said Ms. Rusch.

A panel of advocates, including Edith Gbur, Chair of Jersey Shore Nuclear Watch, then spoke about their advocacy work as it relates to Oyster Creek. "If Oyster Creek stopped producing energy tomorrow it would not be miissed, it was a big mistake to begin with. Berkeley Township is leading Ocean County by calling for the decommissioning of the plant in Apfil 2004."

When the meeting opened to questions from the public, comnmunity members expressed their concerns. Jeff Brown, a resident of Brick Township said, "We need to contact Gov. McGreevy and ask him to take leadership and make sure that the Nuclear Regulatory Commission does not renew Oyster Creek's license."

Suzanne Leta, Energy Associate for NJPIRG, has been meeting with local officials to present NJPIRG's concerns about the aging plant "Oyster Creek Nuclear Power Plant is an unnecessary risk to New Jersey residents. Local, state and federal officials should a3l be calling for the retirement of the plant by 2009," said Ms. Lcta.

02/05/2004 15:32 FAX 1 008 I3D-V 0

S I_

6 NJPIRGR:

New Jerse Public Interest Research Cnoup 11 North Willow Streed, Trenton, NJ C1608 (609) 394.8155 phone (609) 989-9013 tax EXECULVE

SUMMARY

ewJersey is hometo the nation'soldestop-l enrting nudearpower plant. OysterCreek NNuclear Generating Station. Although OvsterCreek's operating license expires in 2009. its owners mav seek a license extension by April 2004 from the federal government to allow the plant to continue operating. perhaps for another twenty or thirty years.

Given the risks associated wvith continued gen-

  • eration of radioactive waste. escalating potential for accidents at aging reactors the vulnerability of the
  • plant as a terrorist target. and our ability to replace the power generated by the plant. Ovster Creek
should not be relicensed.

Oyster Creek threatens pubric health and

Oyster Creek generates highly radioactive waste, which is currently building up on site:

  • It is very probable under any sccnario that highly radioactive waste generated by Ov.ter Creek will be stranded perma-nently in New Jersey. Even if current plans (or estabi ishing a Federal Waste Repositorv at Yucca Mountain move fonvrard on schedule. that facilitv would reaci maximum capacity bfore more than 145 metric tons of nuclear vaste generated under the current lisense were olfloiJded from Oyster Crnsk. stranding the wvaste in Oce.ui COountv.
  • 11if ovter Creek vere relicensed lo opfrate

-a 'nal liher;'t1 ftirs. it wtiuld ecnerate.n

'additibnatl 338 cubicmi-ters ot'llight-level

  • ! - r~d jw¢ wv sle. ivv,(:hi niz ovter 14 -
nilllitirl ;41oin.

wth tio'i tlvir

  • disml-A Oyster Crcek's fuel ponds are particularly vulnerable:

Currently more than 2500 ossemblies holdine hiilhiv radio.ctive spent t;el arc stored in cooling ponds 400 feet frvim Route 9. These ponds, located on tihe top floor of the fivesstory reactor building.

have no significant reinforcement s!ruc-tures to prevent damage from an emternal hazard. such as an intentional attack on the fadlity.

The plant routinely exposes the surrounding environment to radioactive emissions:

  • In 2D00 (the latest year for which nafion-wide data is available) Oyster Creel. had the highest level of radioactive iodine air emissions of any boiling water reactor in the country.

Due to the plant's age, the risk of a scricus accident at the plant is increasing:

  • Oyster Creek is the oldest operating nuclear reactor in the United Stateas..:nd next year will set a new record for thi!

longest time any reactor has operates! in the nation. With inadetjuate federal oversight severe age-related degradation may be occurring undiscovered. hIigihten-ing the risk oia serious accident.

New Jesey need not depend on Oyster Creek to meet Its efelriidy demand:

  • Oyster Creek provides less than 1". of current generating capacity in our regional electricit grid.
  • Nev natural gas generation planned for New JAersev over the next three vears will provide electricity generation capacity greatei than that of Oyster Creek.
  • Developing the state's potential for renewable energy and energy efficiency measures can meet projected increases in state denmin-d for ectrit7:t, in TO9 and beyond.

By advocating to ensure Oyster Creek is closed in 2009, as originally planned. and focusing our re-sources on developing renewable energy produc-tion and conservation programs In the state. New Jersey can do more than meet electricity demand-we can protect public health, prevent environmen-tal degradation, and decrease our vulnerability to terrorist attack. while investing in technology that can help New Jersey develop its leadership in the high tech economy.

  • fn the eve nt uf an accidental pressure buildup at Oyster Creek. there isa hil:h likelihood ot deliberate releIse oi radioac-tivity directly into the environment in an elfort to avoid a core meltdown. This JchKratr release would be nuccs'arv due to.a structurally deticient containment

..