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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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CHRISTOPHER H. SMITH COMMITTEES 4TH DISTRICT. NEW JERSEY FOREIGN AFFAIRS COI\:STITUENT SERVICE CENTERS:
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[S09'~ 58:;-7878 RANKING MEMBER TTY ,60S, ~85-3650 1CB l.acev Road, Su .te 38A Whllng, NJ 08758-1331
- 732; 350-2300 QCongrcss of tbe 'mtniteb ~tates WESTERN HEMISPHERE SUBCOMMllTEE 2373 RaYDurn House Office BUilding j!)ousc of ~£prc5£ntatib£s COMMISSION ON SECURITY AND Wasn!ngton, DC 20~15-3004 COOPERATION IN EUROPE
- 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, NEW JERSEY 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~~.
Member of Congress SMITH enclosure
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
AMERGEN ENERGY COMPANY, LLC ) 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 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 O-16C1 E-mail: ocaamail@nrc.gov Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov 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 - O-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 E-mail: erh@nrc.gov E-mail: mcb1@nrc.gov; brian.harris@nrc.gov; bpn1@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
2 Docket No. 50-219-LR LETTER FROM CONGRESSMAN CHRISTOPHER H. SMITH REQUEST THAT THE APRIL 1, 2009 OYSTER CREEK AFFIRMATION BE POSTPONED 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 E-mail: jill.lipoti@dep.state.nj.us E-mail: dsilverman@morganlewis.com; ksutton@morganlewis.com; apolonsky@morganlewis.com; rkuyler@morganlewis.com 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 E-mail: rwebster@easternenvironmental.org; E-mail: paul@beyondnuclear.org; jlemense@easternenvironmental.org kevin@beyondnuclear.org 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 E-mail: bradley.fewell@exeloncorp.com E-mail:
commissionercampbell@dep.state.nj.us 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
3 Docket No. 50-219-LR LETTER FROM CONGRESSMAN CHRISTOPHER H. SMITH REQUEST THAT THE APRIL 1, 2009 OYSTER CREEK AFFIRMATION BE POSTPONED 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.
E-mail: sleta@njpirg.org 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