ML042810261
| ML042810261 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 09/23/2004 |
| From: | Campbell B State of NJ, Dept of Environmental Protection |
| To: | Diaz N NRC/Chairman |
| Shared Package | |
| ML04303016 | List: |
| References | |
| G20040680, LTR-04-0626 | |
| Download: ML042810261 (4) | |
Text
EDO Principal Correspondence Control FROM:
DUE: 10/27/04 EDO CONTROL: G20040680 DOC DT: 09/23/04 FINAL REPLY:
Bradley M. Campbell State of New Jersey TO:
Chairman Diaz FOR SIGNATURE OF :
ROUTING:
License Renewal for Oyster Creek Reyes Virgilio Kane Merschoff Norry Dean Burns/Cyr Collins, RI DATE: 10/06/04 ASSIGNED TO:
NRR CONTACT:
Dyer SPECIAL INSTRUCTIONS OR REMARKS:
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Oct 06,2004 09.37 PAPER NUMBER:
ACTION OFFICE:
LTR-04-0626 EDO LOGGING DATE:
10/05/2004 AUTHOR:
AFFILIATION:
ADDRESSEE:
Brad Campbell NJ Nils Diaz
SUBJECT:
Opposes the license renewal request for the Oyster Creek Nuclear Generating Station ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Direct Reply RF, SECY to Ack 09/23/2004 No Made publicy available in ADAMS via SECY/EDO/DPC NOTES:
Comr Corres...... Commission to review response prior to dispatch ADAMS FILE LOCATION:
DATE DUE:
I o/ac1/o, DATE SIGNED:
EDO -- G20040680
State of Njef Terse James E. McGreevey Department of Environmental Protection Bradley M. Campbell Governor Commissioner September 23, 2004 Z-Dr. Nils Diaz a
Chairman U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Wr,
Dear Dr. Diaz:
By letter dated August 10, 2004, AmerGen Energy Company, LLC (AmerGen), an Exelon Company, submitted a request for an exemption from the Nuclear Regulatory Commission's (NRC) regulation, 10 CFR 2.109(b), regarding timely submittal of a request for license renewal for the Oyster Creek Nuclear Generating Station. Specifically, AmerGen requested an exemption from the timing provision in Section 2.109(b) to allow it to submit a License Renewal Application for Oyster Creek less than five years prior to the expiration of the license, while allowing the plant to continue operating beyond the current expiration date even if the license is not renewed by then.
As you know, the operating license for Oyster Creek expires April 9, 2009. AmerGen has announced that it plans to submit the Oyster Creek License Renewal application in July '2005, missing the deadline by fifteen months. However, the Nuclear Regulatory Commission (NRC) would still have forty-five months to review the application. The NRC website projects a review time of thirty months for license renewal applications, if a hearing is requested, and twenty-two months if there is no hearing request. The NRC staff has demonstrated they can review most license renewal applications in twenty-two months. It is highly unlikely, therefore, that AmerGen will need an extension in order to continue plant operations prior to action on their license renewal application by the NRC.
We have twice gone on record opposing previous exemption requests. By letter dated July 30, 2002, the Bureau of Nuclear Engineering expressed objections to AmerGen's exemption request of April 30,2002 (revised June 21, 2002). Also, in a letter dated February 13, 2004, 1 expressed objections to another similar submittal contemplated by AmerGen. In both cases AmerGen dropped its pursuit of the exemption request.
We have reviewed the latest exemption request, and we continue to have concerns about its approval. Again, we must oppose the granting of this exemption by the NRC. It is not prudent for the NRC to grant an exemption when there is nothing to suggest that the NRC will withhold action on the license renewal application past April 9, 2009. Clearly the R'&s own license renewal experiencedemonstrates'thafthere is no need for this exemption': In the unlikely event that the license renewval process does not allow. sufficient.time to resolve `v'alid safet and environmental issues, whether raised by the NRC or the public, then Oyster Creek should be shut New Jersey is an Equal Opportunity Employer Recycled Paper
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down pending resolution of the issues. In addition, this exemption request represents a major licensing and regulatory action that should be noticed with opportunity for the public to provide comment and request a hearing if appropriate.
A delay caused by public involvement in the NRC regulatory process for the license renewal of Oyster Creek should not be a basis for granting this exemption. Increased interest in the Oyster Creek license renewal process by stakeholders should send a clear message to AmerGen that Oyster Creek should not operate after April 9, 2009 and AmerGen should plan for that option in addition to continued operation.
Thank you for your consideration of my comments. If you have any questions, please do not hesitate to contact me at (609) 292-2885.
Sincerel ComiiM. Cone Commissioner