ML19149A641

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Letter from Commission Secretary Annette Vietti-Cook to Congressman Andy Kim
ML19149A641
Person / Time
Site: Oyster Creek
Issue date: 05/29/2019
From: Annette Vietti-Cook
NRC/SECY
To: Kim A
US HR (House of Representatives)
SECY RAS
References
50-219-LT, 72-15-LT, License Transfer, RAS 55007
Download: ML19149A641 (5)


Text

ANDY KIM COMMITIEE ON ARMED SERVICES THIRD DISTRICT, NEW JERSEY VICE-CHAIRMAN, SUBCOMMITTEE ON READINESS kim.house.gov 1516 LONGWORTH HOUSE OFFICE BUILDING

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SUBCOMMITTEE ON INTELLIGENCE, EMERGING THREATS & CAPABILITIES WASHINGTON, DC 20515 (202) 225--4765

~ongress of tbe Wntteb ~tates COMMITIEE ON SMALL BUSINESS CHAIRMAN, SUBCOMMITTEE ON ECONOMIC GROWTH, rt,,oust of l\tprtstntatibts TAX & CAPITAL ACCESS SUBCOMMITTEE ON INNOVATION & WORKFORCE DEVELOPMENT April 10, 2019 Kristine L. Svinicki Chairman Nuclear Regulatory Commission Mail Stop O -16G4 Washington, D.C. 20555-0001

Dear Chairman Svinicki,

I write to express my concerns regarding the decommissioning of Oyster Creek Nuclear Generating Station in Lacey Township, New Jersey. I urge the Nuclear Regulatory Commission (NRC) to exercise proper oversight and transparency throughout the decommissioning process, and to keep the public apprised of all necessary safety information.

On July 31, 2018, Holtec International, traditionally a nuclear equipment and storage cask manufacturer, announced its conditional purchase of the Oyster Creek Nuclear Generating Station with the intention of managing the plant's decommissioning process. 1 The Camden based company also announced that it would complete the decommissioning process within just eight years, which is more than 50 years ahead of the 60-year timeline allowed by NRC regulations. 2 In order to complete the closure of the plant on this timeline, Holtec will contract with Comprehensive Decommissioning International, LLC (CDI), which is a joint venture company of Holtec and Montreal based SNC-Lavalin. 3 Past safety lapses and Holtec's corporate liability arrangements have created regional concerns warranting further oversight of the Oyster Creek decommissioning process. Two incidents during the decommissioning of the San Onofre Nuclear Generating Station in San Clemente, California occurred involving Holtec-designed materials being improperly managed4 and was later found to be in violation of the NRC's rules.

1 Holtec Internationa, "Holtec International to Purchase Oyster Creek Generating Station and Decommission Nuclear Plant Within Eight Years", July 31, 2018, https://holtecinternational.com/2018/07/31/holtec-international-to-purchase-oyster-creek-!!enerating-station-and-decommission-nuclear-plant-within-ei!!ht-vears/

2 NEI, "Holtec to Buy Closing Reactor Sites, Accelerate Decommissioning", August 1, 2018, https://www.nei.org/news/2018/holtec-bu v-closing-reactors-decommissioning 3 See footnote 1 4

Courthouse News. "Commission Considers Penalties for Faulty Waste Canisters", January 9, 2019, https://www.courthousenews.com/commission-considers-penalties-for-fault -waste-canisters/

33 WASHINGTON STREET 429 JOHN F. KENNEDY WAY, BOX 9 535 EAST MAIN STREET P.O. BOX 728 WILLINGBORO, NJ 08046 P.O. BOX 543 TOMS RIVER, NJ 08754 (856) 703- 2700 MARLTON, NJ 08053 (732) 504--0490 (856) 703-2700 PRINTED ON RECYCLED PAPER

Holtec's plans to use CDI to accelerate the decommissioning timeline at Oyster Creek creates concerns regarding the company's ability to cover the cost of any accidents that may occur during the process. As CDI is arranged as a Limited Liability Company (LLC), there are concerns that they do not have the performance bonding to cover potential liabilities resulting from accidents at the Lacey Township facility during decommissioning. It is crucial to both local stakeholders and residents of the surrounding community that CDI and Holtec have the ability to respond adequately and responsibly to any problems arising from the Oyster Creek decommissioning.

I ask that the NRC exercise appropriate oversight of Holtec International, SNC-Lavalin, and Comprehensive Decommissioning International, LLC's efforts throughout the decommissioning process. I also request that the NRC work alongside local representatives and engage the surrounding community to ensure proper transparency during the process. I look forward to working with the NRC to ensure a safe and smooth decommissioning process at the Oyster Creek facility.

I appreciate the NRC's efforts to engage the public in its decommissioning activities and hope my constituents will have the opportunity to offer insight in a local and official forum. Should you require any additional information, please contact my office at (202) 225-4765.

Thank you for your consideration, and I look forward to hearing from you on this important matter.

s~

Andy Kim Member of Congress

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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EXELON GENERATION COMPANY. LLC ) Docket Nos. 50-219-LT and 72-15-LT

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(Oyster Creek Nuclear Generating Station )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter from Commission Secretary Annette Vietti-Cook to Congressman Andy Kim have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Anita G. Naber, Esq.

Brian Harris, Esq.

U.S. Nuclear Regulatory Commission David E. Roth, Esq.

Office of the Secretary of the Commission E-mail: Anita.Ghoshnaber@nrc.gov Mail Stop: O-16B33 Brian.Harris@nrc.gov Washington, DC 20555-0001 David.Roth@nrc.gov E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel Morgan, Lewis & Bockius LLP U.S. Nuclear Regulatory Commission 1111 Pennsylvania Ave., N.W.

Washington, DC 20555-0001 Washington, DC 20004 E. Roy Hawkens, Chairman Grant W. Eskelsen, Esq.

Joseph D. McManus, Law Clerk John E. Matthews, Esq.

E-mail: Roy.Hawkens@nrc.gov E-mail: Grant.Eskelsen@morganlewis.com Joseph.McManus@nrc.gov John.Matthews@morganlewis.com

Oyster Creek Nuclear Generating Station Docket Nos. 50-219-LT and 72-15-LT Letter from Commission Secretary Annette Vietti-Cook to Congressman Andy Kim Pillsbury Winthrop Shaw Pittman Counsel for Lacey Township:

1200 Seventeenth Street, NW Lauren R. Staiger, Esq.

Washington, DC 20036 Gilmore& Monahan, P.A.

Anne R. Leidich, Esq. 10 Allen Street Jay Silberg, Esq. P.O. Box 1540 E-mail: Anne.Leidich@pillsburylaw.com Toms River, NJ 08753 Jay.Silberg@pillsburylaw.com E-mail: lrs@gm.law.net New Jersey Sierra Club 145 West Hanover Street Trenton, NJ 08618 E-mail: Taylor.Mcfarland@sierraclub.org

[Original signed by Clara Sola ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 29th day of May 2019 2