ML070680129

LTR-07-0148 - Ltr. John P. Kelly Oyster Creek Nuclear Relicensing Application

ML070680129
Person / Time
Site:	Oyster Creek
Issue date:	02/27/2007
From:	Joseph Kelly Ocean County, NJ, Board of Chosen Freeholders
To:	Klein D NRC/Chairman
References
LTR-07-0148
Download: ML070680129 (3)

Text

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Mar 06, 2007 16:32 PAPER NUMBER: LTR-07-0148 LOGGING DATE: 03/05/2007 ACTION OFFICE: OGC AUTHOR: John Kelly AFFILIATION:

ADDRESSEE: CHRM Dale Klein

SUBJECT:

Oyster Creek nuclear relicensing application ACTION: Direct Reply DISTRIBUTION: RF LETTER DATE: 02/27/2007 ACKNOWLEDGED No SPECIAL HANDLING: Made publicly available in ADAMS via OGC/DPC NOTES:

FILE LOCATION: ADAMS DATE DUE: 03ýK2007 DATE SIGNED:

,Ile

THE BOARD OF CHOSEN FREEHOLDERS OFFICE OF THE FREEHOLDER DIRECTOR OCEAN COUNTY TOMS RIVER, NEW JERSEY 08754-2191 0co John P. Kelly (732) 929-2003 Director of Law and Public Safety 0 Fax (732) 506-5055

___ E-mail:

• ' JE@' jkelly@co.ocean.nj .us February 27, 2007 Dr. Dale E. Klein, Chairman Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Re: Oyster Creek Nuclear Plant Relicensing Application

Dear Dr. Klein:

I am writing to you as Freeholder Director of the Ocean County Board of Chosen Freeholders, the County in which the Oyster Creek Nuclear Plant is located. The Board of Chosen Freeholders have been actively participating in the relicensing application currently before your agency. It has been the strong position of theBoard that your agency must take into consideration security issues, both relating to plant operations and spent fuel storage, when considering relicensing. This position has been consistently presented to the NRC on behalf of the Board of Chosen Freeholders.

I have been advised that on February 26, 2007, your agency decided to deny the State of New Jersey's request to conduct a hearing on whether the consequences of a terrorist attack on the Oyster Creek Nuclear Plant should be made part of the review of that plant's application. I am dismayed at the NRC's action since such a requirement was imposed judicially by a recent ruling on spent fuel storage by the 9th Circuit Court of Appeals. While I understand that the 9t Circuit Court decision is not binding on cases brought forth in New Jersey, it makes absolute good public policy to apply that ruling in this case. It certainly makes no sense then to conclude that the National Environmental Policy Act, enacted 37 years ago, did not include terrorism and that terrorism shouldn't be considered by the NRC. Obviously, terrorism is now a very real concern for facilities such as Oyster Creek Nuclear Plant and must be taken into consideration by the NRC in its deliberations.

I would certainly hope that your agency reconsiders its decision and approves New Jersey's request to hold a hearing on this very important matter. If that is not the case, I will urge the Board of Chosen Freeholders to support the State of New Jersey in an appeal to the 3 rd US Circuit Court of Appeals so that the question of terrorism can be treated equally across the country. I appreciate your review of this letter and trust that you will take the appropriate action to address this important public policy matter.

Very truly yours, Feeholder rector irector of Law and Public Safety JPK/AWA:mac P.O. BOX 2191

• ADMINISTRATION BUILDING

• TOMS RIVER, NEW JERSEY 08754-2191

c: United States Senator Robert Menendez United States Senator Frank R. Lautenberg United States Congressman Christopher H. Smith United States Congressman H. James Saxton Governor Jon S. Corzine, State of New Jersey Senator Leonard T. Connors, Jr.

Assemblyman Christopher J. Connors Assemblyman Brian E. Rumpf Lisa P. Jackson, Commissioner, New Jersey Department of Environmental Protection Members, Board of Chosen Freeholders Timothy Rausch, Site Vice President, Oyster Creek Nuclear Generating Station Gail Marsh Saxer, President, League of Women Voters of Ocean County Cheryl Rundle-Borowski Janet Tauro