ML090930363
| ML090930363 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/01/2009 |
| From: | Ielfield M, Ta A, Annette Vietti-Cook NRC/SECY |
| To: | Oyadomari B |
| SECY RAS | |
| References | |
| 50-219-LR, Oyster Creek, RAS H-116 | |
| Download: ML090930363 (5) | |
Text
COMMITTEES CHRISTOPHER H. SMITH 4TH DISTRICT. NEW JERSEY FOREIGN AFFAIRS COI\\:STITUENT SERVICE CENTERS:
AFRICA AND GLOBAL HEALTH Hamllwr, NJ 08619-3828 SUBCOMMIlTEE E,40 KLse' ~,oac, SUite A9
[S09'~ 58:;-7878 RANKING MEMBER TTY,60S, ~85-3650 1CB l.acev Road, Su.te 38A WESTERN HEMISPHERE Whllng, NJ 08758-1331 SUBCOMMllTEE QCongrcss of tbe 'mtniteb ~tates
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- 202; 225-3765 RANKING MEMBER htto:.ch r'ssrn 11 n. nouse.qov CONGRESSIONAL*EXECUTlVE COMMISSION ON CHINA RANKING MEMBER March 31, 2009 DOCKETED DEAN, NEWJERSEY DELEGAnON USNRC The Honorable Dale E. Klein April 1, 2009 (11: 15am)
Chairman U.S. Nuclear Regulatory Commission OFFICE OF SECRETARY RULEMAKINGS AND Washington, D.C. 20555-0001 ADJUDICATIONS STAFF SERVED APRIL 1, 2009
Dear Chairman Klein:
This afternoon I received notification that the Nuclear Regulatory Commission has again tentatively scheduled an Affirmation Session on License Renewal for Oyster Creek Nuclear Generating Station for tomorrow, April 1, 2009. As I did last month when Oyster Creek was tentatively placed on the February 4, 2009 meeting notice schedule, 1 respectfully request that the Affirmation Session be postponed and any decision on extending the operating license be deferred until the recommendations ofthe Atomic Safer!, and Licensing Board (ASLB) relating to drywell corrosion have been implemented.
In a January 31,2009 letter to me, RW. Borchardt, Executive Director for Operations for the NRC, stated that the staff of the NRC was just beginning to review a "summary report" of the results ofExelon's 3-D structural analysis of the Oyster Creek drywall shell. As you know, the ASLB has called for a more rigorous review of the completed 3-D analysis and for the NRC staff to perform or have performed a comprehensive and in-depth review ofthe complete analysis package, not just the "summary report." Furthermore, Mr. Borchardt stated that "with regard to the remainder of the ASLB's recommendations to the Commission, the recommendations are currently before the Commission and the NRC staff is awaiting the Commissions instructions on these recommendations."
To date, I have not been advised of any further progress by the Commission or the NRC staff on the ASLB' s recommendations. Thus, the NRC should not make a final decision on license renewal while the recommendations put forth by the ASLB have not been fully integrated or achieved.
In addition, I have enclosed for your review the letter submitted to the "N"'R.C today by Richard Webster an attorney representing several public interest organizations in New Jersey that have significant concerns about the unresolved safety matters at Oyster Creek.
In his letter, Mr. Webster raises an important question about the time requirements for
@ PAiNTED ON RECYCLED PAP£P
notification of tomorrow's meeting and any affirmation action. Given the considerable public interest, as well as the concerns raised by the New Jersey Department of Environmental Protection and several of my colleagues in the New Jersey congressional delegation, it is difficult to understand the last minute notification.
I urge you to postpone the Affirmation Session, completely address and resolve outstanding safety issues, and provide a transparent, all-inclusive and timely release of safety analysis data to the public. Without such actions, public confidence in the N'RC's ability to comprehensively oversee nuclear power plant safety issues will continue to be undermined.
SZ?{J. xL/v JJ!!Ia~~. SMITH Member of Congress enclosure
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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AMERGEN ENERGY COMPANY, LLC
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Docket No. 50-219-LR
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(Oyster Creek Nuclear Generating Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing, LETTER FROM CONGRESSMAN CHRISTOPHER H. SMITH REQUEST THAT THE APRIL 1, 2009 OYSTER CREEK AFFIRMATION BE POSTPONED 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 Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Rulemakings & Adjudications Staff Mail Stop O-16C1 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 Washington, DC 20555-0001 Administrative Judge E. Roy Hawkens, Chair E-mail: erh@nrc.gov Administrative Judge Paul B. Abramson E-mail: pba@nrc.gov Administrative Judge Anthony J. Baratta E-mail: ajb5@nrc.gov Emily Krause, Law Clerk E-mail: emily.krause@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15 D21 Washington, DC 20555-0001 Mary C. Baty, Esq.
Brian G. Harris, Esq.
Brian Newell, Paralegal E-mail: mcb1@nrc.gov; brian.harris@nrc.gov; bpn1@nrc.gov
Docket No. 50-219-LR LETTER FROM CONGRESSMAN CHRISTOPHER H. SMITH REQUEST THAT THE APRIL 1, 2009 OYSTER CREEK AFFIRMATION BE POSTPONED 2
Donald J. Silverman, Esq.
Kathryn M. Sutton, Esq.
Alex S. Polonsky, Esq.
Raphael P. Kuyler, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsyvlania Ave., NW Washington, DC 20004 E-mail: dsilverman@morganlewis.com; ksutton@morganlewis.com; apolonsky@morganlewis.com; rkuyler@morganlewis.com Jill Lipoti, Director New Jersey Department of Environmental Protection Division of Environmental Safety and Health P.O. Box 424 Trenton, NJ 08625-0424 E-mail: jill.lipoti@dep.state.nj.us Paul Gunter, Reactor Oversight Kevin Kamps Beyond Nuclear Nuclear Policy Research Institute 6930 Carroll Avenue, Suite 400 Takoma Park, MD 20912 E-mail: paul@beyondnuclear.org; kevin@beyondnuclear.org Richard Webster, Esq.
Julia LeMense, Esq.
Eastern Environmental Law Center 744 Broad Street, Suite 1525 Newark, NJ 07102 E-mail: rwebster@easternenvironmental.org; jlemense@easternenvironmental.org Bradley M. Campbell, Commissioner New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402 E-mail:
commissionercampbell@dep.state.nj.us J. Bradley Fewell, Esq.
Exelon Corporation 4300 Warrenville Road Warrenville, IL 60555 E-mail: bradley.fewell@exeloncorp.com Ron Zak New Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 415 Trenton, NJ 08625-0415 E-mail: ron.zak@dep.state.nj.us
Docket No. 50-219-LR LETTER FROM CONGRESSMAN CHRISTOPHER H. SMITH REQUEST THAT THE APRIL 1, 2009 OYSTER CREEK AFFIRMATION BE POSTPONED 3
Suzanne Leta NJPIRG 11 N. Willow St.
Trenton, NJ 08608 E-mail: sleta@njpirg.org 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 E-mail: john.covino@law.dol.lps.state.nj.us; ellen.balint@dol.lps.state.nj.us; valerie.gray@dol.lps.state.nj.us; caroline.stahl@dol.lps.state.nj.us (Original signed by Christine M. Pierpoint)
Office of the Secretary of the Commission Dated at Rockville, Maryland this 1st day of April 2009