ML071380307
| ML071380307 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 07/31/2007 |
| From: | Kuo P NRC/NRR/ADRO/DLR |
| To: | Lipoti J State of NJ |
| Emch R, NRR/DLR/REBB, 415-1590 | |
| References | |
| LR-ISG-2006-03 | |
| Download: ML071380307 (6) | |
Text
July 31, 2007Dr. Jill Lipoti, DirectorDivision of Environmental Safety and Health P.O. Box 424 Trenton, NJ 08625-0424
Dear Dr. Lipoti:
This letter responds to your comments dated September 15, 2006, on behalf of the New JerseyDepartment of Environmental Protection (NJDEP), regarding the Proposed License Renewal Interim Staff Guidance LR-ISG-2006-03 for preparing severe accident mitigation alternatives (SAMA) analyses for license renewal environmental reports. These SAMA analyses are reviewed by the Nuclear Regulatory Commission (NRC), and the results of that review are documented in the environmental impact statements for license renewal. You requested that the NRC include a review of the impacts of terrorist attacks on nuclear facilities as part of the interim staff guidance. You also restated NJDEP's position that the Oyster Creek license renewal application should fully comply with the guidance of Nuclear Energy Institute (NEI) 05-01, Revision A, regarding SAMA analyses.With respect to your request, the Commission recently reaffirmed its decision "that the NationalEnvironmental Policy Act (NEPA) demands no terrorism inquiry" in Memorandum and Order, CLI-07-08, dated February 26, 2007, which can be found in the Agencywide Documents Access and Management System under Accession No. ML070570511. While the Commission agreed to follow the Ninth Circuit Court of Appeals' decision as applicable to Diablo Canyon, it respectfully disagreed with the court's decision. Specifically, the Commission concluded thatenvironmental effects caused by terrorism are simply too far removed from the natural or expected consequences of agency action to require a study under NEPA. The Commission further asserted that a NEPA-driven review of the risks of terrorism would not be necessary because the NRC has undertaken extensive efforts to enhance security at nuclear facilities, including the most recent proposal of a new and more stringent "design basis threat rule," and that these ongoing post 9/11 enhancements provide the best vehicle for protecting the public. It also is the Commission's view that substantial practical difficulties impede meaningful NEPA-terrorism review, while the problem of protecting sensitive security information in the quintessentially public NEPA and adjudicatory process presents additional obstacles. Notwithstanding these conclusions, the Commission indicated that the Generic EnvironmentalImpact Statement (GEIS) for License Renewal of Nuclear Plants has already performed a discretionary analysis of terrorist acts in connection with license renewal and concluded that the core damage and radiological release from such acts would be no worse than the damage and release to be expected from internally initiated events. Your other comment restated NJDEP's position that the Oyster Creek license renewalapplication should fully comply with the guidance of NEI 05-01, Revision A, regarding SAMA analyses. NEI 05-01, Revision A, does not establish regulatory requirements; it merely J. Lipoti-2-provides an acceptable way to meet NRC requirements. Even after the Proposed LicenseRenewal Interim Staff Guidance LR-ISG-2006-03 for preparing SAMA analyses is finalized, use of the document will not be a requirement for license renewal applicants. The NRC staff performed a complete and thorough review of the SAMA analyses in the OysterCreek license renewal application. During the review, the NRC staff identified several areas where additional information or analysis was deemed necessary to support the NRC staff's evaluation. The NRC staff considers that the information contained in the Oyster Creek Environmental Report and the applicant's responses to NRC requests for additional information addressed all areas identified in NEI 05-01, Revision A, and provided a sufficient basis to support the staff's evaluation of SAMAs for Oyster Creek Nuclear Generating Station. The complete review is described in Section 5.0 and Appendix G of Supplement 28 of NUREG-1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Oyster Creek Nuclear Generating Station - Final Report," issued in January 2007.Sincerely,/RA/Pao-Tsin Kuo, DirectorDivision of License Renewal Office of Nuclear Reactor RegulationDocket No. 50-219 cc: See next page
ML071380307OFFICEPM:REBB:DLRLA:DLRPM:RLRB:DLROGCBC:REBB:DLRD:DLRNAMEREmchYEdmondsLTranMYoung (NLOw/ edits)RFranovichPTKuoDATE6/5/076/5/076/5/076/12/077/23/077/31/07 Letter to J. Lipoti, from P. T. Kuo, dated July 31, 2007DISTRIBUTION:
SUBJECT:
LETTER TO DR. JILL LIPOTI REGARDING INTERM STAFF GUIDANCESEVERE ACCIDENT MITIGATION ALTERNATIVES RELATED TO OYSTER CREEK LICENSE RENEWALHARD COPY: DLR RFE-MAIL:PUBLICRWeisman SSmith (srs3)
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CHolden RLaufer GMiller RBellamy, RI RCureton, RI JLilliendahl, RI MModes, RI MSykes, RI TMensah MYoung RidsOpaMail Oyster Creek Nuclear Generating Station cc: Site Vice President - Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731Senior Vice President of Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348Kathryn M. Sutton, Esq.Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004Kent Tosch, ChiefNew Jersey Department of Environmental Protection Bureau of Nuclear Engineering
CN 415 Trenton, NJ 08625Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555Regional Administrator, Region IU.S. Nuclear Regulatory Commission
475 Allendale Road King of Prussia, PA 19406-1415Mayor of Lacey Township818 West Lacey Road Forked River, NJ 08731Senior Resident InspectorU.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731Director - Licensing and Regulatory AffairsAmerGen Energy Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348Manager Licensing - Oyster CreekExelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348Regulatory Assurance Manager Oyster Creek AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731Assistant General CounselAmerGen Energy Company, LLC 200 Exelon Way Kennett Square, PA 19348Ron Bellamy, Region IU.S. Nuclear Regulatory Commission
475 Allendale Road King of Prussia, PA 19406-1415Correspondence Control DeskAmerGen Energy Company, LLC 200 Exelon Way, KSA 1--1 Kennett Square, PA 19348Oyster Creek Nuclear Generating StationPlant Manager AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731License Renewal ManagerExelon Generation Company, LLC 200 Exelon Way, Suite 230 Kennett Square, PA 19348 Oyster Creek Nuclear Generating Station cc: Ms. Julie KeysNuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708Mr. Michael P. GallagherVice President License Renewal Exelon Generation Company, LLC 200 Exelon Way, Suite 230 Kennett Square, PA 19348Mr. Christopher M. CranePresident and Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555