ML090980103
| ML090980103 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 03/31/2009 |
| From: | Webster R Eastern Environmental Law Ctr, 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: | Jaczko G, Klein D, Peter B. Lyons, Merrifield J, Kristine Svinicki NRC/Chairman, NRC/OCM, NRC/SECY |
| References | |
| 50-219-LR | |
| Download: ML090980103 (8) | |
Text
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed:Apr 03, 2009 11:31 PAPER NUMBER: LTR-09-0131 LOGGING DATE: 04/03/2009 ACTION OFFICE: OGC AUTHOR: Richard Webster, Esq.
AFFILIATION: NJ ADDRESSEE: Commissioners
SUBJECT:
In the Matter of AmerGen Energy Co., LLC (License Renewal for Oyster Creek Nuclear Generating Station, Docket No. 50-219-LR)
ACTION: Appropriate DISTRIBUTION: RF LETTER DATE: 03/31/2009 ACKNOWLEDGED No SPECIAL HANDLING: Immediate release to the public via SECY/OGC/DPC NOTES:
FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:
EOC6'h
-617
VIA E-MAIL AND U.S. MAIL March 31, 2009 The Commissioners 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 Commissioners:
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").
We were noticed at 11 am this morning that the Commission has tentatively scheduled an affirmation session regarding this proceeding for tomorrow April 1, 2009.1 While we believe there are a number of substantive issues outstanding, these have been fully briefed in our previous submissions. Today we are writing because it is not in the public interest to have a final decision made in this proceeding without the usual seven days notice. Therefore, the Commission's rules require such notice to be provided.
Normally, the regulations require seven days notice of a Commission meeting. 10 C.F.R. § 9.107(a). Where a previously scheduled meeting is rescheduled, notice of the new time or place must be provided at the "earliest practicable time." 10 C.F.R. § 9.107(b). It is unclear whether action can be taken under 9.107(b) in this case, where the affirmation session was postponed, but not immediately rescheduled. However, even if Section 9.107(b) is applicable, the Commission must find that "the public interest in I Notice of the meeting did not appear on the NRC website until after 11:20 am today.
744 Broad Street. Suite 1525 Newark. NJ 07102 Ph 973.124.1166 Fx 973.710.,1653 www.casterneieviiotment~it.org
eeLc prompt Commission action or the .need to protect the common defense or security or to protect the public health or safety overrides the public interest in having full prior notice of Commission meetings" to take action under this Section. 10 C.F.R. § 9.107(e).
As the regulation recognizes, there is a strong public interest in having full prior notice. Indeed, when the Commission gave notice on January 27, 2009 it had scheduled an affirmation session on Oyster Creek on February 4, 2009, it heard from four Congressmen and the State of New Jersey, all of whom urged the Commission to wait until it had resolved a number of issues regarding the adequacy of the 3D analysis of the drywell shell, and indications from the most recent inspection that the aging management system for the drywell shell is not reliable or effective. Since then the concerns about the aging management system have only increased with the disclosure of internal NRC documents showing that the State of New Jersey has even more serious concerns about the adequacy of the aging management system for the drywell and that there is additional evidence showing that water could be present in the sandbed region, but could go undetected. See Exhibit 2, attached to Citizens' Notification, dated March 30, 2009. In addition, an exit meeting concerning the latest inspection is imminent. This inspection should determine whether Exelon's 3D analysis met the requirements of the Advisory Committee on Reactor Safeguards ("ACRS") and a license condition. Thus, if a final decision is to be taken, there is a strong public interest in providing full prior notice so that the parties who previously expressed concern have a chance to make additional comments and so that the Commission can be informed of the results of the latest inspection. In contrast, there is no public interest in having a final decision tomorrow rather than in a week.
Notwithstanding the above, Citizens recognize that all parties would be well served by an interim decision implementing the recommendations of the Licensing Board with regard to the 3D modeling and requiring resolution of the factual discrepancies that have arisen between testimony at the evidentiary hearing in this matter and the observations during the October 2008 inspection. Citizens have no objection to such an interim decision being taken at short notice.
Thank you for your consideration.
Yours sincerely,
/S Richard Webster, Esq.
Enclosure 2
eeLc c.c. Service List Jill Lipoti, New Jersey Department of Environmental Protection Senator Frank R. Lautenberg Senator Robert Menendez Congressman John Adler Congressman Rush Holt Congressman Frank A. LoBiondo Congressman Christopher Smith 3
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) ) March 31, 2009 CERTIFICATE OF SERVICE I, Richard Webster, of full age, certify as follows:
I hereby certify that on March 31, 2009, I caused Citizens' Letter to the Commissioners regarding meeting notice 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: HEARIN GDOCKET(4N RC.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: OCAAMail (Lnrc.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 &nrc.gov 1
Administrative Judge Dr. Paul B. Abramson (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: pba(&>nrc.,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 Brian G. Harris (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: brian.harris@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: apolonskvydi;morganiewis.com Kathryn M. Sutton, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: ksutton(hIýorganlewi S.COm.
2
Donald Silverman, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: dsilverman-ua morgan lewis.corn J. Bradley Fewell (Email and U.S. Postal Service)
Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 E-mail: bradley. fewel _.exceloncorp.conm 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.corvinoZikldol.l.ps.state.nj.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. Ips. 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: paul(beyondnuclear.org Edith Gbur (Email)
Jersey Shore Nuclear Watch, Inc.
364 Costa Mesa Drive. Toms River, New Jersey 08757 E-mail: gburl @kcomcast.net Paula Gotsch (Email)
GRAMMIES 205 6 th Avenue Normandy Beach, New Jersey 08723 E-mail: oau lag-otsc.h(Eii.verizon.net 3
Jeff Tittel (Email)
New Jersey Sierra Club 139 West Hanover Street Trenton New Jersey 08618 E-mail: Jeff.Tittel(i)sielrac lub.org Peggy Sturmfels (Email)
New Jersey Environmental Federation 1002 Ocean Avenue Belmar, New Jersey 07319 E-mail: pstu rrmfe Is cleanwater. org Michele Donato, Esq. (Email)
PO Box 145 Lavalette, NJ 08735 E-mail: mndonato(&imicheledonatoesq.com
/s Signed:
Richard Webster Dated: March 31, 2009 4