ML070990161

Letter from Andrew L. Bates to John P. Kelly in Response to His Letter Dated 02/27/07 (Attached)

ML070990161
Person / Time
Site:	Oyster Creek
Issue date:	04/05/2007
From:	Bates A NRC/SECY
To:
SECY RAS
References
50-219-LR, ASLBP 06-844-01-LR, RAS 13453
Download: ML070990161 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 5, 2007 SECRETARY Mr. John P. Kelly Freeholder Director Director of Law and Public Safety Ocean County Board of Chosen Freeholders P.O. Box 2191 Toms River, New Jersey 08754 DOCKETED USNRC April 5, 2007 (9:21am)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF SERVED April 9,2007

Dear Mr. Kelly:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of February 27, 2007, in which you expressed your disagreement with the Commission's recent decision in the license renewal proceeding for the Oyster Creek Nuclear Generating Station.

In that decision, the Commission reached the conclusion that the National Environmental Policy Act (NEPA) does not require the NRC to consider the environmental consequences of hypothetical terrorist attacks on NRC-licensed facilities. The Commission set forth the reasons for its decision in the enclosed Order.

The NRC Staff continues to review the Oyster Creek license renewal application and some issues remain under adjudication. The Commission appreciates your interest in this matter.

A copy of your letter and this response will be served on the participants in the Oyster Creek proceeding.

Sincerely, Andrew L. Bates Acting Secretary of the Commission Enclosure cc:

Oyster Creek Service List

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

jkel ly @co.ocean.nj.us February 27,2007 Dr. Dale E. Klein, Chairman Nuclear Regulatory Commission 1 1555 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 the'Board 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 b a recent ruling on spent fuel storage by X

the gth Circuit Court of Appeals. While I understand that the 9' 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 3rd 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, (girector of Law and Public Safety 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

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMNllSSlON 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 ANDREW L. BATES TO JOHN P. KELLY IN RESPONSE TO HIS LETTER DATED 02/27/07 (ATTACHED) 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 Corr~mission 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 Mitzi A. Young, Esq.

Richard Webster, Esq.

Mary C. Baty, Esq.

Rutgers Environmental Law Clinic Office of the General Counsel 123 Washington Street Mail Stop 1 5 D21 Newark, NJ 071 02-5695 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Paul Gunter, Director Donald J. Silverman, Esq.

Reactor Watchdog Project Kathryn M. Sutton, Esq.

Nuclear Information Alex S. Polonsky, Esq.

and Resource Service Morgan, Lewis, & Bockius LLP 1424 1 6th Street, NW, Suite 404 11 11 Pennsyvlania Ave., NW Washington, DC 20036 Washington, DC 20004

Docket No. 50-21 9-LR LETTER FROM ANDREW L. BATES TO JOHN P. KELLY IN RESPONSE TO HIS LETTER DATED 02/27/07 Bradley IVI. 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, N J 08625-041 5 Suzanne Leta NJPIRG 11 N. Willow St.

Trenton, NJ 08608 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 4300 Warrenville Road Warrenville, IL 60555 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 gth day of April 2007