ML081350489
| ML081350489 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 05/08/2008 |
| From: | Webster R Grandmothers, Mothers & More for Energy Safety, Jersey Shore Nuclear Watch, New Jersey Environmental Federation, New Jersey Public Interest Research Group (NJPIRG), Nuclear Information & Resource Service (NIRS), Sierra Club, New Jersey Chapter |
| To: | Klein D NRC/Chairman |
| SECY RAS | |
| References | |
| 50-219-LR, RAS H-23 | |
| Download: ML081350489 (8) | |
Text
DOCKETED USNRC May 9, 2008 (-1:00am)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF VIA E-MAIL AND U.S. MAIL May 8, 2008 The Honorable Dale E. Klein Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re: In the Matter of AmerGen Energy Co., LLC (License Renewal for Oyster Creek Nuclear Generating Station, Docket No. 50-219-LR
Dear Chairman Klein:
I am writing on behalf of my clients Nuclear Information and Resource Service, Inc., Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and the New Jersey Environmental Federation (collectively "Citizens"), who are parties to the ongoing relicensing proceeding for Oyster Creek Nuclear Generating Station ("Oyster Creek').
Because the Commission has tentatively scheduled an affirmation session regarding this proceeding on May 16, 2008, -we would like to inform you that the State of New Jersey has written to the NRC Staff providing "new and significant information that directly affects license extension [for Oyster Creek]." Letter from Jill Lipoti to Samson Lee, dated March 26, 2008.availableat ML080940453 (attached for your ease of reference).
In Summary, the State's letter alleges that the Supplemental Environmental Impact Statement ("SEIS") prepared to support the licensing decision for Oyster Creek is inadequate because it omitted any mention of the proposed expansion of a confined disposal: facility ("CDF") to support dredging projects that will only be required if the plant continues in operation.: Id. As such, the CDF project should have been included in the SEIS in order to satisfy the requirements of the National Environmental Policy Act
("NEPA"). Id. Showingithat this expansion project is imminent, a consultant for AmerGen has met with New Jersey Department of Environmental Protection ("DEP") to discuss permitting. Id.
744 Broad Street. Suite 1525 Newark, NJ 07102 Ph 973,424.1166 Fx 973.710,4653 www~easter'nejnvi'on mentalorg
At this "stage, we do not have sufficient information to determine whether this issue raises a significant safety concern. Thus, at present we do not intend tomake a formal filing requesting the Commission to reopen the recordand hold a hearing on this issue. However, if the State is correct, proceeding with licensing without preparing a supplementary environmental impact assessment for the CDF and the associated dredging projects would violate NEPA. We therefore trust that the Commission will reach its own view on this issue prior to any. decision regarding the Oyster. Creek license renewal, Finally, we note that the timing of AmerGen's notification to the:State means thatneither Citizens.nor the:State have been provided with any opportunity to request a-hearing on this issue even though it is material to-the license renewal: decision.
As noted in the attached certificate of service, copies of this letter have been sent by e-mail or first class mail to all the parties in this proceeding. Thank you for your consideration.
Yours sincerely,
/s Richard Webster, Esq.
Enclosure
- c.C. Service List Jill Lipoti, New Jersey Department of Environmental Protection 2
DEPARTMENT 01.i5 ENLVI"RONMENTAL :PROTECrION
)N S.-CORZINE Division of Ehvironmental Safety:andHealth LISA P. JACKSON Governor P.O.7Box 424 Commissioner Trenton,.New Jersey 08625-0424 Phone: .(609)633.-7964 Fax:. (609)17774l330 March 26, 2008 Samson Lee,. Acting Director Division of License: Renewal U. S. Nuclear Regulatory Commission One White Flint North (Mail. Stop 11-Fl) 11,555-RockvilledPike Rockville, MD 20852
Subject:
Oyster Creek Proposed Dredging Project
Dear Mr. Lee:
The New Jersey Department of Environmental Protection recently received notice that Exelon is planning a dredging project at Oyster Creek for 2009. In a letter dated February 22, 2008, LGA.Engineering, Inc. on behalf ofAmerGen, contactedthe DEPs Office of Dredging and Sediment Technology and requested a pre-application meeting to discuss the scope of the project-and appropriate permits, sampling plans and related documents necessary to meet state and federal regulatory requirements. My staff was invited to attend the meetingto determine if the project required support from the Bureau of Nuclear Engineering with respect to monitoring and sampling for radioactivity. As a direct result of the pre-application meeting,: the Department has some concems with the project as it relates to the extended operation of Oyster Creek and license extension that we would like you to address.
The Generic Environmental Impact Statement (NUREG-1437) and the Supplemental Environmental Impact Statement (NUREG-1l437, Supplement 28),collectively discuss future maintenance dredging projects for Oyster Creek. Both of those documents find that the environmental impact from future maintenance dredging: is low and that all projects will be carried out according to state and federal regulatory guidance. However, neither document discusses the need for new construction at the site to expand thesize of the existing confined disposal facility (CDF) to accommodate the dredge spoils from the future projects. The Department believes that this proposed construction-project should have been specifically included in the SEIS and the impacts of the construction on the local environment evaluated.
According to LGA Engineering, the current size and location of the existing CDF would adequately support dredge spoils from necessary projects through the expiration of the current New Jersey Is An Equal Opportunity Employer 0 Printedon Recycled Paperand Recyclable
license at Oyster Creek. The new construction is requiredto; support-futuredredging projects that are anticipated-based upon continued operation of the:plant underlicense extension.
In :addition,. it is uncledr whether.the. construction-of a larget CDF:will~impact the agreement made between AmerGen-and the Department as part of the Federal Consistency Determination. In that agreement, AmerGen committed toproviding construction of walking trails, an accessroad and parking area. The expansion of the CDF mayimpact the walking trails or access-to them and should be evaluated.. Thde Federal Consistency Determination acknowledged&AmerGen's intent to retain Athe existing dredge spoil, but there is nomention of an expansion project that effectively doubles the'sizofhe! of CDF.I The Department believes that construction and expansion associated with the:CDF falls within-the.,scope of the NationalEnvironmental Policy-Act and should have been included as-part of the license renewal process and evaluated withregard to-public-health and safety in theSEIS.
We ftrtherbelieve that knowledge of this project is considered new and significant information that directly affects license extension. Therefore, we urge the NRC to investigate :theproposed dredging project and evaluate any environmental and public health and safety impacts that may result from the new construction.
Sincerely yours, Jill Lipoti, Ph.D Director
- c. Michael P. Gallagher, P.E., Vice President, License Renewal Projects AmerGen Energy Company, LLC Christopher M. Crane, Executive Vice President, Exelon Corporation Chief Operating Officer, Exelon Generation Luis A. Reyes, USNRC Executive Director for Operations
UNITED'STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
- ) Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC )
)
(License Renewal for the Oyster Creek )
Nuclear Generating Station) ) May 8, 2008
)
CERTIFICATE OF SERVICE I, Richard Webster, of full age, certify as follows:
I hereby'certify that on May 8, 2008, I caused a letter to Chairman Klein to be served via email and U.S. Postal Service (as indicated) on the following:
Secretary of the Commission (Email and original and 2 copies via U.S Postal Service)
United States Nuclear Regulatory Commission Washington, DC 20555-0001 Attention: Rulemaking and Adjudications Staff E-mail: HEARINGDOCKET@_NRC.GOV Office of Commission Appellate Adjudication (Email and U.S. Postal Service)
United States Nuclear Regulatory Commission Washington, DC 20555-0001 Attention: Rulemaking and Adjudications Staff E-mail: OCAAMailqnrc.gov
.-Administrative Judge .
E.. Roy Hawkens, Chair (Email and U.S. Postal Service)
Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: erh(inrc.gov I
Administrative Judge Dr. Paul B. Abramson (Email and.U.S. Postal Service)
Atomic Safety and Licensing.Board Panel Mail Stop- Tý-3 IF23 United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: pba Thnrc.gov Administrative Judge Dr. Anthony J. Baratta (Email and U.S. Postal Service)
Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ajb5(@nrc.gov Law Clerk Emily Krause (Email and U.S. Postal Service)
Atomic Safety &Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: DAW I@nrc.gov Office of General Counsel (Email and U.S. Postal Service)
United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OGCMAILCENTER@,NRC.GOV James E. Adler (Email and U.S. Postal Service)
U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: 0-15 D21 Washington, DC 20555-0001 E-mail: jeal@nrc.gov Mary C. Baty (Email and U.S. Postal Service).
U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: 0-15 D21 Washington, DC 20555-0001 E-mail: mcbl a&nrc.gov Alex S. Polonsky, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, &Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: apolonsky@dmorganlewis.com 2
Kathryn M. Sutton, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, & Bockius LLP 1111. Pennsylvania: Avenue, NW Washington,: DC 20004 E-mail: ksutton(a-)morganlewis.com Donald-Silverman, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: dsilverman(wmorganlewis.com J. Bradley Fewell (Email and U.S. Postal Service)
Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 E-mail: bradley.fewelladiexceloncorp.com John Covino, DAG (Email and U.S. Postal Service)
State of New Jersey Department of Law and Public Safety Office of the Attorney General Hughes Justice Complex 25 West Market Street P.O. Box 093 Trenton, NJ 08625 E-mail: john.corvino@dol. lps. state.ni .us Valerie Gray (Email)
State of New Jersey Department of Law and Public Safety, Office of the Attorney General Hughes Justice Complex 25 West Market Street P.O. Box 093 Trenton, NJ 08625 E-mail: valerie.gray@dol.lps.state.nj.us.
Paul Gunter*(Email and U.S. Postal-Service) c/o Nuclear Information and Resource Service 6930 Carroll Ave., Suite 340 Takoma Park, MD 20912-4446 E-mail: paulWbeyondnuclearnorg 3
Edith Gbur (Email)
Jersey Shore Nuclear Watch, Inc.
364 Costa Mesa Drive. Toms River, New Jersey 08757 E-mail: -gburl(&comcast.net Paula Gotsch (Email)
GRAMMIES 205 6th Avenue Normandy Beach, New Jersey 08723 E-mail: paulagotsch@verizon.net Jeff Tittel (Email)
New Jersey Sierra Club 139 West Hanover Street Trenton New Jersey 08618 E-mail: Jeff.Tittelhsierraclub.org Peggy Sturmfels (Email)
New Jersey Environmental Federation 1002 Ocean Avenue Belmar, New Jersey 07319 E-mail: psturmfelsO~cleanwater.org Michele Donato, Esq. (Email)
PO Box 145 Lavalette, NJ 08735 E-mail: mdonato@micheledonatoesq.com
/S Signed:
Richard Webster Dated: May 8, 2008 4