ML090680849

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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
ML090680849
Person / Time
Site: Oyster Creek
Issue date: 03/04/2009
From: Annette Vietti-Cook
NRC/SECY
To: Avery A
Ocean County, NJ
Julian E
References
50-219-LR, ASLBP 06-844-01-LR
Download: ML090680849 (6)


Text

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