ML060940625
| ML060940625 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 03/24/2006 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | Casey Smith US HR (House of Representatives) |
| Byrdsong A T | |
| References | |
| 50-219-LR, ASLBP 06-844-01-LR, RAS 11447 | |
| Download: ML060940625 (5) | |
Text
SECRETARY UNITED STATES NUCLEAR REGULATORY COMMISSION WASHING I UN, D.C. 20555-0001 DOCKETED USNRC March 24, 2006 April 4, 2006 (10:26am)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket No. 50-21 9-LR The Honorable Christopher H. Smith United States House of Representatives Washington, D.C. 2051 5 SERVED April 4,2006
Dear Congressman Smith:
I am responding to your letter to Chairman Nils J. Diaz, dated February 16, 2006. In your letter, you request that a hearing be held on the license renewal application for the Oyster Creek Nuclear Generating Station. On February 27, 2006, the Atomic Safety and Licensing Board (ASLB) for the Ovster Creek proceeding issued LBP-06-07. In that decision, the ASLB accepted one of the petitioners' issues as an admissible contention for hearing. Usually, as part of the hearing process, members of the public, including members of the communities surrounding the facility at hand, are provided an opportunity to comment in writing or in person on health and safety concerns.
An appeal of LBP-06-07 was recently filed. 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,
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I dLm+v' Annette L. Vietti-Cook cc: Oyster Creek Service List
CHRISTOPHER H. SMITH 4TH DISTRICT, NEW JERSEY CONSTITUENT SERVICE CENTERS:
1540 Kuser Road, Su~te A9 H a d t o n, NJ 08619-3828 (609) 585-7878 TTY (609) 585-3650 108 Lacey Road, Su~te 38A Whiting, NJ 08759-7331 (732) 350-2300 2373 Rayburn House Off~ce Building Washington, DC 20515-3004 (2021 225 3765 COMMITTEES:
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CO-CHAIRMAN February 16, 2006 Chairman Nils J. Diaz, P11.D.
L.S. Nuclcar Regulatory Commission I White Flint N. Building 1 1555 Rockville Pike Rockville, MD 20852
Dear Chaiman Diaz:
1 am writing to respectfi~lly req~~est that the NRC hold a p ~ ~ b l i c hearing on the liccnse rene~val for the Oyster Creek Nuclear Generating Station, located in Lacey Township, Kew Jersey.
In the interest of fill1 disclosure, I am opposed to the relicensing of the Oyster Crcclc Nuclcar Generating Station. That said, I bclicvc it is imperative that--at a minimum-you provide the residents and interested parties in the area the right to address the many critical health and safety issues related to the proposed relicensing in a p~tblic hearing before the NRC.
It is my ~~nderstanding that both the New Jersey Department of Environmental Protection and a coalition of public interest groups have requested a public hearing on several safety issues relating to the continuing operation of the Oyster Creek Nuclear Plant. As you know, the NRC has the discretion to convene such a hearing and receive greater input on local factors such as plant security, safety errors, health risks, L ulnerability to terrorist attacks, emergency evacuation plans and ability to properly store nuclear waste.
The Oystcr Creek Nuclear Pouer Plant, the nation's oldest operating plant, was built to operate for 40 years. Recent news reports suggest that the plant has one of the poorest safety performance ratings anlong all nuclear plants in the United States. In addition, the plant's spent nuclear fuel is initially stored 100 feet above ground, next to its reactor and then deposited in a cement and metal cask outside the reactor building.
There are 663 tons of radioactive waste materials stored on site as a result of the past 36 years of the plant's operation. If the plant is granted a license to operate for an additional twenty years, it will produce an additional 400 tons of radioactive waste materials. Moreover, with Yucca Mountain, thc proposcd federal repository for
@ PRlNTCD ON RCLYCLLD PAPER
radioactive waste, behind schedule and billions of dollars over budget, it is unclear how long thc spent fucl will remain at Oyster Crcck.
The decision to either extend the operation of this facility for an additional twent).
years or to close it has wide ranging, long-teim ramifications for the citizens of New Sersey. Thus, I ask that you pcmmit a robust debate on this critical decision at an open hearing. My coilstitueilts and those of sun-ounding jurisdictions deserve no less.
Thank you for taking the time to review this most important and time sensitive request. I look forward to hearing from you very shortly regarding this urgent matter.
Member of Congress
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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AMERGEN ENERGY COMPANY, LLC
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Docket No. 50-21 9-LR
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(Oyster Creek Nuclear Generating Station)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM ANNETTE L. VIETTI-COOK TO CONGRESSMAN SMITH RESPONDING TO HIS 02/16/06 LETTER REQUESTING THAT A HEARING BE HELD ON THE LICENSE RENEWAL APPLICATION FOR OYSTER CREEK have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Ann P. Hodgdon, Esq.
Richard Webster, Esq.
Daniel Hugo Fruchter, Esq.
Rutgers Environmental Law Clinic Office of the General Counsel 123 Washington Street Mail Stop 15 D21 Newark, NJ 071 02-5695 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Docket No. 50-21 9-LR LETTER FROM ANNETTE L. VIETTI-COOK TO CONGRESSMAN SMITH RESPONDING TO HIS 0211 6/06 LETTER REQUESTING THAT A HEARING BE HELD ON THE LICENSE RENEWAL APPLICATION FOR OYSTER CREEK Paul Gunter, Director Reactor Watchdog Project Nuclear Information and Resource Service 1424 1 6th Street, NW, Suite 404 Washington, DC 20036 Bradley M. Campbell, Commissioner New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402 Ron Zak New Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 41 5 Trenton. NJ 08625-041 5 Suzanne Leta NJPIRG 11 N. Willow St.
Trenton, NJ 08608 Donald J. Silverman, Esq.
Kathryn M. Sutton, Esq.
Alex S. Polonsky, Esq.
Morgan, Lewis, & Bockius LLP 1 1 1 1 Pennsyvlania Ave., NW Washington, DC 20004 Jill Lipoti, Director New Jersey Department of Environmental Protection Division of Environmental Safety and Health P.O. Box 424 Trenton, NJ 08625-0424 J. Bradley Fewell, Esq.
Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 John A. Covino, Esq.
Ellen Barney Balint, Esq.
Valerie Anne Gray, Esq.
Caroline Stahl, Esq.
Deputy Attorneys General New Jersey Office of the Attorney General Environmental Permitting &
Counseling Section Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625 Dated at Rockville, Maryland this 4th day of April 2006