ML060940631

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Letter from Annette L. Vietti-Cook to Senator Menendez Responding to His 02/27/06 Letter Requesting That the Commission Hold a Public Hearing on Safety Issues Related to the License Renewal Application for Oyster Creek
ML060940631
Person / Time
Site: Oyster Creek
Issue date: 03/24/2006
From: Annette Vietti-Cook
NRC/SECY
To:
Byrdsong A T
References
50-219-LR, ASLBP 06-844-01-LR, RAS 11448
Download: ML060940631 (4)


Text

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SECRETARY UNITED STATES NUCLEAR REGULATORY COMMISSION WASH!MG?ON, D.C. 20555=000?

The Honorable Robert Menendez United States Senate Washington, D.C. 2051 0-3004 March 24, 2006 DOCKETED USNRC April 4, 2006 (10:26am)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket No. 50-219-LR SERVED April 4,2006

Dear Senator Menendez:

I am responding to your letter to Chairman Nils J. Diaz, dated February 27, 2006, in which you asked the Commission to hold a public hearing on safety issues related to the license renewal application of the Oyster Creek Nuclear Generating Station. You identified potential corrosion of the drywell liner as a particular concern. 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 a petitioner's issue on corrosion of the drywell liner as an admissible contention for hearing. Subsequently, the ASLB's order was appealed.

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, Annette L. Vietti-Cook cc: Oyster Creek Service List

ROBERT VFNENZEZ NE* JERECY ENERGY AND NATURAL RE:;OURC.ES ONE GATEWAY CECENTER 1 IT+ F L ~ R N ~ ~ % A R K.

N l 07102 19731 5'15-3030 February 27,2006 Chairman Nils J. Diaz, P1a.D.

US. Nuclear Re,uulalory Comrmssion Washington, D.C. 20555-0001 Re:

Froposed Renewal of [he Operating License for Oysler Creck Kuclear Generating Station, Docket No. 50-2 19-LR I am nmtrnz lo ask the Nuclear Regulatory Commission @XC) to hold a public hearing on safety issues related to the license renewal for the Oyster Creek h-uclcar Generating Station located in Lacey Township, particularly resardin g the potential corrosion in the r.lrywell. A coalition or public i n t e r s goups has petitioned thc L\\;RC for a pubhc he.xing on this issue, and I belicve si~ch a hearing is \\\\,jrrmted.

Safety is my highest priority when it comes to thc. operation of the Oyster Crcek Nuclear Genemtlng Station, and 1 beiieve that the hRC should rake every possible step to determine whcther or not it is in a condition that would allow it to operate sakly for an additional 20 y e m past the expiralion d i t s current license. The issue of corrosion in thr dl-yell has recently been broushl lo my attention by constituents and a series or articles in the Ashztry Park Pre>s, and b hope thai the NRC addresses this issue in a timely manner.

hi the interest ofmaking sure that the license renewal process movcs forward with the clear message to the co~nm~mity that safety concerns are going to b i taken seriously and reviewed thoroughly, I respectfully request that you convcnc a public hearins in the vicinity of the Oysler Creek Station, and pursuant to 10 CFR 2.315, allow people who are not parties to the petition 10 make limited ap7earances.

Tlhmk you Por your attention to this matter.

Sincerely, Robert Mcnendez United States ~ a ~ a t $

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of AMERGEN ENERGY COMPANY, LLC (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 SENATOR MENENDEZ RESPONDING TO HIS 02/27/06 LETTER REQUESTING THAT THE COMMISSION HOLD A PUBLIC HEARING ON SAFETY ISSUES RELATED TO 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 Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Paul B. 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 1 5 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 SENATOR MENENDEZ RESPONDING TO HIS 02/27/06 LETTER REQUESTING THAT THE COMMISSION HOLD A PUBLIC HEARING ON SAFETY ISSUES RELATED TO 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 NJPlRG 11 N. Willow St.

Trenton, NJ 08608 Donald J. Silverman, Esq.

Kathryn M. Sutton, Esq.

Alex S. Polonsky, Esq.

Morgan, Lewis, & Bockius LLP 11 11 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 41h day of April 2006