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Category:Legal-Correspondence
MONTHYEARML1011305402010-03-29029 March 2010 Nj Environmental Federation, Petitioners V USNRC, Respondents & Exelon Corp., Intervenor; No. 09-2567 - Petition for Review of Decisions Associated W/License Renewal of Oyster Creek Nuclear Power Plant ML0909303632009-04-0101 April 2009 Letter from Congressman Christopher H. Smith (D-N.J.) Requesting Postponement of Scheduled April 1, 2009 Affirmation - Served ML0909904242009-03-31031 March 2009 2009/03/31-Letter from Richard Webster License Renewal for Oyster Creek Nuclear Generating Station ML0912501832009-03-30030 March 2009 Commission Notification and Submission of Supplemental Information in Support of Pending Motion and Petition ML0908609012009-03-11011 March 2009 Letter from B M Carle, Township Clerk, Township of Berkeley, in County of Ocean, State of New Jersey and Resolution of the Township Council Regarding Oyster Creek Nuclear Power Plant ML0906808492009-03-0404 March 2009 Letter from the Secretary to Alan W. Avery, Jr. in Response to His January 2, 2009 Letter Regarding the Request of Congressman Christopher Smith'S Concerns for Structural Integrity of Oyster Creek Drywall Liner ML0906301622009-03-0202 March 2009 Oyster Creek - NRC Staff'S Response to Citizens' Motion for Leave Reply to the Staff'S Opposition to Citizens' Motion to Reopen ML0904306222009-02-12012 February 2009 Oyster Creek - Notice of Withdrawal of Marcia J. Simon ML0903604032009-02-0303 February 2009 Letter to Chariman Klein from John Adler, U.S. Congress - Request the NRC Postpone the Scheduled Affirmation Until Recommendations by Two NRC Advisory Boards Are Further Reviewed ML0903603812009-02-0303 February 2009 Letter to Chairman Klein from Christopher H. Smith, U.S. Congress, Request the NRC Postpone the Affirmation Session and Any Decision on Extending the Operating License Be Deferred Etc ML0901502932009-01-0606 January 2009 Annette L. Vietti-Cook, Secy Response to Congressman Christopher H. Smith Responding to His 12/4/08 Letter Amergen'S Three-Dimensional Analysis ML0911907232008-11-17017 November 2008 USNRC, Updated Commission Notification ML0911907242008-11-17017 November 2008 USNRC, Updated Commission Notification, with Hand Written Notes ML0911905772008-11-0606 November 2008 USNRC, Amergen Energy Company, Commission Notification ML0831205422008-11-0606 November 2008 2008/11/06-Oyster Creek - Letter to Aslb Submitting Notification of Information in the Matter of Oyster Creek Nuclear Generating Station License Renewal Application ML0831006862008-10-14014 October 2008 2008/10/14-License Renewal for Oyster Creek Nuclear Generating Station. Providing Comments on SER Dated 09/19/2008, Concerning Nuclear Workers and Mental Fatigue ML0827405582008-09-25025 September 2008 Letter from the Secretary to Jill Lipoti, State of N.J.,Drywell Analysis ASLB; a Copy of Letter from Jill Lipoti to the Commission (with Cc: Judge E. Roy Hawkens, ASLB, 09/16/08) ML0826305092008-09-19019 September 2008 2008/09/19 - Oyster Creek, Safety Evaluation Report Related to License Renewal, Supplement 1 ML0826305662008-09-15015 September 2008 2008/09/15-Oyster Creek, Submittal of Original Signature of John F. O'Rourke Dated 06/11/08 Filed for License Renewal ML0825505852008-09-11011 September 2008 Memorandum by Judge E. Roy Hawkens, ASLBP to Hibiscus Films 09/18/08 Filming of Oral Argument in Toms River, N.J ML0813504892008-05-0808 May 2008 2008/05/08-In the Matter of Amergen Energy Co., LLC (License Renewal for Oyster Creek Nuclear Generating Station), State of New Jersey Has Written to NRC Staff Providing New and Significant Information That Directly Affects License Extensio ML0812904552008-05-0505 May 2008 Letter from Alex S. Polonsky Informing the Commission That on May 1, 2008, Amergen Submitted the Enclosed Response to NRC Request for Additional Information on Metal Fatigue Analysis Related to Oyster Creek ML0812903642008-05-0202 May 2008 2008/05/02-Memorandum to Chairman Klein from the Inspector General on the Subject of NRC Staff Review of License Renewal Applications ML0811603062008-04-25025 April 2008 Letter from Annette L. Vietti-Cook to the Honorable Jim Saxton and the Honorable Chris Smith in Response to Their 04/17/08 Letter ML0809406882008-04-0303 April 2008 2008/04/03 - Transmittal of 04/03/08 Notification of Information in the Matter of Oyster Creek License Renewal Application ML0805602162008-02-21021 February 2008 Memorandum from Annette L. Vietti-Cook to Luis A. Reyes Re SECY-08-0018 - Renewal of Full-Power Operating License for Oyster Creek Nuclear Generating Station ML0808104622008-01-25025 January 2008 Nj Dept of Environmental Protection V. USNRC Et Al., Docket No. 07-2271 (3rd Cir) - Respondent (Amergen) Brief ML0804303392008-01-17017 January 2008 State of New Jersey V. USNRC, Et Al., No. 07-2271; Consented Motion for Leave to File a Supplemental Appendix ML0804302902008-01-0303 January 2008 Nj Department of Environmental Protection V. USNRC; No. 07-2271; Consent Motion for Extension of Time and Consent Motion for Extension of Time to File Brief ML0735321162007-12-19019 December 2007 Memorandum from Administrative Judge E. Roy Hawkens to the Office of the Secretary Enclosing the Proposed Questions Previously Submitted by the Parties to This Proceeding ML0731805062007-11-0707 November 2007 Letter from Jay M. Gutierrez to Karen Cyr Re Notice Pursuant to District of Columbia Bar Rule 1.11 ML0731114652007-11-0707 November 2007 Oyster Creek - Letter from Mary C. Baty to Administrative Judges Regarding Citizens' Motion to Strike Amergen'S Unauthorized Answer ML0728400312007-09-18018 September 2007 E-mail from Ray P. Kuyler Informing the Licensing Board That Amergen Does Not Intend to Submit Any Additional Proposed Questions to the Board Based Upon Its Review of Citizens' sur-rebuttal Testimony ML0726803722007-09-18018 September 2007 Letter from Richard Webster to Administrative Judge Hawkens Submitting Confidential Proposed Questions for the Board to Consider Asking Amergen and the NRC Staff During the Hearing in September ML0726201332007-09-18018 September 2007 Oyster Creek - Letter from Mary C. Baty Enclosing Only to the Administrative Judges the NRC Staff Proposed Questions for Evidentiary Hearing ML0725503062007-09-0505 September 2007 Letter from Richard Webster to Administrative Judge Hawkens Submitting Proposed Questions for the Board to Consider Asking Dr. Mark Hartzman During the Hearing in September ML0726900892007-08-27027 August 2007 Memorandum from E. Roy Hawkens to Sarie Horowitz Regarding Restrictions on Filming of Evidentiary Hearing by Hibiscus Films ML0724200112007-08-24024 August 2007 Letter from Alex S. Polonsky to Administrative Judge Hawkens Attaching Questions for the Board to Consider Asking Citizens' Proffered Expert, Dr. Hausler, During the Hearing in September ML0724200102007-08-21021 August 2007 Letter from R. P. Kuyler to the Secretary of the Commission Enclosing the Original Signature of Dr. Hardayal S. Mehta Supporting Part 2 of Amergen'S Rebuttal Statement of Position, Filed on 08/17/07 ML0724903652007-08-16016 August 2007 New Jersey Dept of Environmental Protection V. USNRC, Et Al., Docket No. 07-2271; Letter to Marcia Waldron Sending Copies of Motion of Consent for Second Extension of Time ML0721200332007-07-24024 July 2007 Letter from R. P. Kuyler to the Secretary of the Commission Enclosing the Original Signature of Ahmed Ouaou Supporting Part 4 of Amergen'S Pre-filed Direct Testimony Submitted on 07/20/07 ML0717601242007-06-11011 June 2007 6/11/2007 - Certified Index of the Record; State of New Jersey V. USNRC; No. 07-2271 ML0717601392007-06-0404 June 2007 6/4/2007 - Petitioner'S Notice of Appearance from State of New Jersey, Dept of Law and Public Safety V. USNRC; No. 07-2271 ML0715003252007-05-29029 May 2007 Letter from Annette L. Vietti-Cook to the Honorable Leonard T. Connors, Jr; the Honorable Christopher J. Connors; and the Honorable Brian E. Rumpf in Response to Their Letter Dated 05/04/07 (Attached) ML0713505532007-05-15015 May 2007 2007/05/15-Letter from Mitzi A. Young to Administrative Judges Enclosing the Safety Evaluation Report Related to the License Renewal of the Oyster Creek Generating Station, Issued on 03/30/07 ML0715200652007-05-0808 May 2007 E-mail from Michele Donato to Richard Webster Commending Him for His Efforts in Keeping the Issues Clear and Direct Regarding the Oyster Creek Proceeding ML0715104132007-04-30030 April 2007 4/30/2007 - Service of Petition for Review for Nj Dept Env Prot Vs. NRC, Docket No. 07-2271 ML0715104202007-04-25025 April 2007 4/25/2007 - New Jersey Department of Environmental Protection, Petitioner V. U.S. NRC; Docket No. 07-2271 ML0712902262007-04-19019 April 2007 Letter from Betty Vasil to Chairman Klein Enclosing the Ocean County Board of Chosen Freeholders Resolution Re Oyster Creek ML0709901612007-04-0505 April 2007 Letter from Andrew L. Bates to John P. Kelly in Response to His Letter Dated 02/27/07 (Attached) 2010-03-29
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 March 4, 2009 DOCKETED USNRC March 9, 2009 (2:00pm)
SECRETARY OFFICE OF SECRETARY RULEMAKINGS AND Mr. Alan W. Avery, Jr. ADJUDICATIONS STAFF County Administrator Office of the Ocean County Administrator SERVED MARCH 9, 2009 P.O. Box 2191 Administration BUilding Toms River, New Jersey 08754-2191
Dear Mr. Avery:
I am responding to your letter of January 2, 2009, addressed to Chairman Dale E. Klein.
You requested on behalf of Freeholder John P. Kelly that the Commission give consideration to the request of Congressman Christopher H. Smith that the Commission release the data prepared by AmerGen (now Exelon) to evaluate the structural integrity of the Oyster Creek Nuclear Generating Station containment drywall liner.
Under NRC regulations, the Commission has an adjudicatory role in the Oyster Creek license renewal proceeding. An appeal is currently pending before the Commission with respect to the Oyster Creek license renewal application, specifically related to the analysis referenced in your letter. Due to the nature of the Commission's role, all members of the Commission must remain impartial while this case is pending. At this time, therefore, the Commission cannot discuss or comment on issues involved in this matter. In a letter dated January 6, 2009, in response to his letter dated December 4, 2008, Congressman Smith was also advised of the Commission's appellate role in adjudications.
A copy of your letter and this response will be served on the participants in the Oyster Creek proceeding.
Sincerely,
(]~;S;; ()~-em---
Annette L. Vietti-Cook cc: Oyster Creek Service List
ALAN W. AVERY. JR. OFF1CE OF THE Telephone County Administrator (732) 929-2055 OCEAN COUNTY AD~NISTRATOR (732) 929-2147 P.O. BOX 2191
- ADMINISTRATION BUILDING TOMS RIVER, NEW JERSEY 08754-2191 January 2, 2009 Chairman Dale E. Klein US Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Re: Oyster Creek Nuclear Generating Station
Dear Chairman Klein:
I am writing to you at the request of Freeholder John P. Kelly, Liaison to the Department of Law and Public Safety. He has received a copy of recent correspondence from the Honorable Christopher H. Smith, Ocean County's Congressional representative. The letter specifically requests that the NRC release the actual data prepared by AmerGen to evaluate the structural integrity of the facilities drywall. Freeholder Kelly had previously written the NRC requesting the same consideration. A copy of his letter is enclosed for your convenience.
He has asked that I convey his support for positive consideration of the Congressman's request. As the relicensing process continues, it has been the Freeholder Board's position to insure that your agency responds to concerns raised by our constituents to insure confidence in the process and the continued safe operation of the facility.
If you have any questions, please do not hesitate to contact me.
Very truly yours, Ati/
County Administrator AWAmac c: John P. Kelly, Freeholder, Director of Law and Public Safety Honorable Christopher H. Smith, Congressman Nancy T. McNamara, US Nuclear Regulatory Commission, Region 1 Gail Marsh Saxer, League of Women Voters of Ocean County Janet Tauro Cheryl Rundle-Borowski
- b. SPECIAL ASSISTANCE/ACCOMMODATIONS available, please call (732) 929-2055. 0
THE BOARD OF CHOSEN FREEHOLDERS OFFICE OF THE FREEHOLDER DIRECTOR OCEAN COUNTY TOMS RIVER, NEW JERSEY 08754*2191 (732) 929-2003 John P. Kelly Fax (732) 506-5055 Director of Law and Public Safety E-mail:
jkelly@co.ocean.nj.us October 15, 2008 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001 Re: Oyster Creek Nuclear Generating Station License No. DPR-16 Docket No. 50-0219, Drywell Analysis ASLB
Dear Commissioners:
I am in receipt of a September 16, 2008 letter from Dr. Jill Lipoti at the New Jersey Department of Environmental Protection. Dr. Lipoti outlined several expectations related to the reevaluation of the drywall corrosion monitoring at the Oyster Creek Nuclear Generating Station in Lacey Township. The reevaluation results from concerns raised by Judge Baratta during the recent review by the Atomic. Safety Licensing Board.
This letter was provided to me by Ms. janet Tauro, a resident of Ocean County. Her group concurs with the State's request for the release of the original test data so that it can be evaluated by an independent third party, I am forwarding this information to you for your information and review. It has been the Board's position to provide the NRC with an requests for information that it receives regarding the relicensing of the Oyster Creek Nuclear Generating Plant.
rr~fU~rIM Johrl~el JPK/OJM:mac i /
c: Janet Tauro \/
Cheryl Rundle-Borowski Gail Marsh Saxer, League of Women Voters of Ocean County James L Laird, Director, Public Affairs, Excelon Corporation P.O. BOX 2191 "* ADMINISTRATlON BUlLDING
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
AMERGEI\J ENERGY COMPANY, LLC ) Docket No. 50-219-LR
)
)
(Oyster Creek Nuclear Generating Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM THE SECRETARY TO MR. ALAN W. AVERY, JR. IN RESPOI\JSE TO HIS JANUARY 2,2009 LETTER has been served upon the following persons by electronic mail this date, followed by deposit of paper copies in the U.S.
mail, first class, and NRC internal mail.
Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Rulemakings & Adjudications Staff Washington, DC 20555-0001 Mail Stop 0-16C1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3 F23 Mail Stop 15 D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Mary C. Baty, Esq.
Administrative Judge Brian G. Harris, Esq.
E. Roy Hawkens, Chair Brian Newell, Paralegal Administrative Judge Paul B. Abramson Administrative Judge Anthony J. Baratta Emily Krause, Law Clerk
2 Docket No. 50-219-LR LETTER FROM THE SECRETARY TO MR. ALAN W. AVERY, JR. IN RESPONSE TO HIS JANUARY 2,2009 LETTER Donald J. Silverman, Esq. Jill Lipoti, Director Kathryn M. Sutton, Esq. New Jersey Department of Alex S. Polonsky, Esq. Environmental Protection Raphael P. Kuyler, Esq. Division of Environmental Safety and Health Morgan, Lewis & Bockius LLP P.O. Box 424 1111 Pennsyvlania Ave., NW Trenton, NJ 08625-0424 Washington, DC 20004 Paul Gunter, Reactor Oversight Richard Webster, Esq.
Kevin Kamps Julia LeMense, Esq.
Beyond Nuclear Eastern Environmental Law Center Nuclear Policy Research Institute 744 Broad Street, Suite 1525 6930 Carroll Avenue, Suite 400 Newark, NJ 07102 Takoma Park, MD 20912 Bradley M. Campbell, Commissioner J. Bradley Fewell, Esq.
New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road P.O. Box 402 Warrenville, IL 60555 Trenton, NJ 08625-0402 Ron Zak New Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 415 Trenton, NJ 08625-0415
3 Docket No. 50-219-LR LETTER FROM THE SECRETARY TO MR. ALAN W. AVERY, JR. IN RESPONSE TO HIS JANUARY 2, 2009 LETTER Suzanne Leta John A. Covino, Esq.
NJPIRG Ellen Barney Balint, Esq.
11 N. Willow St. Valerie Anne Gray, Esq.
Trenton, NJ 08608 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 CO:. d.... )... Qo t .,
Office of the Secretary of the Commission Dated at Rockville, Maryland this 9th day of March 2009