ML060450139
| ML060450139 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 02/13/2006 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| Byrdsong A T | |
| References | |
| 50-219-LR, ASLBP 06-844-01-LR, RAS 11172 | |
| Download: ML060450139 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 February 13, 2006 DOCKETED USNRC February 13, 2006 (4:IZpm)
SECRETARY The Honorable Lisa P. Jackson Acting Commissioner New Jersey Department of Environmental Protection
-401 E. State Street, 7'h Floor, East Wing P.O. Box 402 Trenton, NJ 08625-0402 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF SERVED February 14,2006 Docket No. 50-219-LR
Dear Commissioner Jackson:
I am responding to your letter to Chairman Nils J. Diaz, dated February 1, 2006, in which you urged the Commission to hold hearings on contentions that New Jersey stakeholders have raised in the Oyster Creek Nuclear Generating Station license renewal proceeding.
Specifically, you request that the Atomic Safety and Licensing Board hold hearings on the contentions raised by the stakeholders in their petitions.
Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards.
Because of that role, I trust that you will understand that all members of the Commission must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission, and that it would be inappropriate for any of them to discuss or comment on issues involved in this matter.
A copy of your letter and this response will be placed on the Ovster Creek hearing docket and served on the parties to the proceeding.
Sincerely, 1
I C
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Annette L. Vietti-Cook Secretary of the Commission cc: Service List
February I, 2006 The Honorable Nils J. Dizz Chairman U.S. Nuclear Regulatory Somission Washington, D.C. 20555-0001 Re:
Support of Atomic Safety Licensing Board HeFigs for Oyster Cheek License Renmal Contentions Dear Chairman Diaz
! am writing to express my disappointncnt that the staffof the Nuciear Regulatory Co~nmission (NRC) has recommended zgainst holding henrings on contentions that NEW Jersey stakeholders have raised in the context of the Oyster Creek Nuclear Generating Station license renewal.
As you may know, Oyster Creek is the oldest nuclear power plant currehlfly opsathg in thc United SStRtes. In waluating whether the plant can continue that operation h r mother twenty ycars beymd the expiration of the ment liceme in 2009, I hope that the Commission will conduct rn open, public process, ~vith the hll participation of the people who live near the plant and in consultation with the state and 'local gswnrnents that have dkece knowledge of the plant and the surrounding coinmunitpi.
Several serious concms need to be a i r d in pblic. First of all, the VRC, A m q q state and local governments, and the public need to discuss plant-specific alternatives for managing severe accidcnfs. The plant's iiulnaability to an airasrnfl attack, especizlly an attack targeting the plant's spcnt e e l pool ha? beer the subjtrct of extensive local debate which will not end if the SRC chooses to deny a pubiic hearing. Equally public hiis been the discPjssion of metal f i t i p e in key mmpcsnents of thc plant, There is subsfardial mncm ever Amergen's use o l n o n - m n s ~ ~ a t i v e xslamptiom regarding metal bt.:@.e h r ihe sdd.ifjonal ~xmty y x r s rhat the p h i wouid be Li ;w\\.ici-. In add?ior;, fhc nlant rdies on ;r combustion ~ b i r l e,
oxnd and o ~ w a t g.
by a sqaratc w r n p w y ~ for b a c h p p w m Can the plad truly wly GE that turbine, without infllrence over thc ~ ~ b i m ' s a~aiiability~
maintenance. md aging mnagemefit, to provide the pov+?er needed to shut d o ~ n the rex-iilr safe]? k t, xese ~ f i j t e ?owes is lost.'?
p~blic hearings hefnrc the iirrtmic Safiie m d I,icc1~;u7g
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(.&CLR) 1~611 allpw 61-
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opm exchange of inhrmarion, an understandkg of b g c s f i r the x y ~ r n ~ n t s nfi c l t h sjde ofthe issues. and a chznce to resolve the opm issucs t h t cencem thc citizens of New Jersey. I sincere!^ hope that thc NRC will pm~vide this opportunity, notwithstanding the rccornrnendatlons of the agency's stafY Thtl Dqmtment of Environmental Protection could certainly conduce its own public m&ing in ordci to allow srakeholders the opprtunity to voice their concerns and present reasonable contentions. We cm provide transcripts of the proceedings iiom this rn~eting to the NRC f ~ r your response. Howelm, that meeting would at best bc a supplement to, and not a substitute for, m o p a and transpaent decision-md&g process by the NRC.
I look forward to your response.
Sincerely yours,
.~c.tkg Commissioner
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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AMERGEN ENERGY COMPANY, LLC
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(Oyster Creek Nuclear Generating Station)
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Docket No. 50-21 9-LR CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM ANNETTE L. VIETTI-COOK TO ACTING COMMISSIONER JACKSON RESPONDING TO HER 02/01/06 LETTER REGARDING THE OYSTER CREEK LICENSE RENEWAL PROCEEDING have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Paul 6. Abramson Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Ann P. Hodgdon, Esq.
Daniel Hugo Fruchter, Esq.
Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge E. Roy Hawkens, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Richard Webster, Esq.
Rutgers Environmental Law Clinic 123 Washington Street Newark, NJ 071 02-5695
Docket No. 50-21 9-LR LETTER FROM ANNETTE L. VIETTI-COOK TO ACTING COMMISSIONER JACKSON RESPONDING TO HER 02/01/06 LETTER REGARDING THE OYSTER CREEK LICENSE RENEWAL PROCEEDING Paul Gunter, Director Reactor Watchdog Project Nuclear Information and Resource Service 1424 1 6th Street, NW, Suite 404 Washington, DC 20036 Donald J. Silverman, Esq.
Kathryn M. Sutton, Esq.
Alex S. Polonsky, Esq.
Morgan, Lewis, & Bockius LLP 11 11 Pennsyvlania Ave., NW Washington, DC 20004 Bradley M. Campbell, Commissioner Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak New Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 415 Trenton, NJ 08625-041 5 Suzanne Leta NJPIRG 11 N. Willow St.
Trenton, NJ 08608 J. Bradley Fewell, Esq.
Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 John A. Covino, Esq.
Deputy Attorney General Environmental Permitting &
Counseling Section Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625 Dated at Rockville, Maryland this 1 4th day of February 2006