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OCT 3 0 '073 Docket--Jo.,50.219.
. Honorable Clifford P. Case' a
United States Senate
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Dear Senator Case:
This is in response to your communication of October 5, 1973, which enclosed a letter from Henry J. Kurtz regarding the'. operation of the 0yster Creek Station.
l The environmental impact of the Oyster Creek Station has been studied and evaluated by the Commission,;and preliminary findings are described in'a draft environmental statement which was issued in July 1973.
Following receipt of -co:= tents from Federal, State and local agencies and interested individuals, a final environmental statement'will be l
1ssued which will propose actions and conditions which should be i
instituted for protection of the environment.
In the draft statement, j
the staff has included a discussion of the heated water, shipworm,.
siltation, fish kill, and inadequate monitoring problems, among others.
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1 The staff has concluded that long term operation of the Oyster Creek I
Station under existing Londitions is not acceptable, and steps must be taken to avoid recurrent fish kills of the magnitude previously
- experienced and to stabilize the canal banks to minimize siltation.
Various alternatives for alleviating these and other impacts of the Oyster Creek Station are-under study by the statf, and our recommendations will be set forth in the final environmental statement, which is currently scheduled to be issued in January 1974. Prior to a decision concerning issuance of a full term operating license for the Oyster Creek Station, a hearing will be held before the Atomic Safety and Licensing Board concerning environmental matters relating to the Station. Fir. Kurtz has submitted a petition to intervene in the proceeding which has been granted and he will have an opportunity to fully present his case at the hearing.
As-we advised 11r. Kurtz when members of the staf f and representatives of the AEC Office of General Counsel met with him on October 5, 1973, we have no basis for interjecting the Commission into the private lawsuit which he has brought against Jersey Central Power and Light Company. The Commission's statutory authority with respect to environ-nental catters-is limited to conduct of a review of the environmental limplications.of a proposed Federal action (in this case,' issuance of
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1:onorable Clifford P. Case 2
a full term operating license), wherein the environmental and other costs are balanced against the benefits of the proposed action, and documentation of the review along with staff conclusions and reconcendations in the form of a final environnental staten.ent. At the public hearing, the Atomic Safety and Licensing Board will take the conclusions of the staff into account in arriving at an independent determination as to whether a full term license should be issued and whether such a license should be conditioned in any way.
he are in receipt of Mr. Kurtz's letter of August 22, 1973, comr.:enting on the Oyster Creek Draft Environmental Statement. As with other coments received on the draf t environmental statement from Federal, State and local agencies, they will be carefully considered during the continuing environmental review leading to development of a final staff position, and responses to the coments, along with the cousaents themselves, will be included in the final environmental statement.
P 1 am enclosing a copy of the Draf t Environmental Statenent for Oyster Creek Station for your information.
I hope this information will aid you in replying to Mr. Kurtz.
i Sincerely, l
i Q,L A. Ciambusso, Deputy Director f or Reactor Projects j
Directorate of Licensing
Enclosures:
1.
Letter from Henry J. Kurtz, dated 10/3/73 l
2.
Draf t 1.nvironmental Staterrent for Oyster Creek Station DISTRIBUTION:
Docket File (ENVIRON) JF0' Leary MKaufman, OGC Chairman Ray (2)
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