ML071500325

2007/05/29-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)

ML071500325
Person / Time
Site:	Oyster Creek
Issue date:	05/29/2007
From:	Annette Vietti-Cook NRC/SECY
To:
SECY RAS
References
50-219-LR, RAS 13700
Download: ML071500325 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DOCKETED May 29,2007 USNRC May 29,2007 (5:OOpm)

SECRETARY OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF The Honorable Leonard T. Connors, Jr. SERVED May 30,2007 The Honorable Christopher J. Connors The Honorable Brian E. Rumpf State of New Jersey

$Ith District Legislative Offices 620 West Lacey Road Forked River, New Jersey 08731

Dear Messrs. Connors,

Jr.; Connors; and Rumpf:

This is to acknowledge receipt of your letter dated May 4, 2007, addressed to Chairman Dale E. Klein where you expressed concern over the exclusion of the parties and their representatives to make statements during the Oyster Creek Limited Appearance Sessions scheduled for May 31, 2007. Specifically, your concern is with respect to the Atomic Safety and Licensing Board's (ASLB) actions in this matter.

Under the Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in the proceedings commenced before its ASLB. Because of that role, I trust that you will understand that it would be inappropriate for the Commission to discuss or comment on issues involved in the adjudication.

At the request of the ASLB, your letter is being treated as a Limited Appearance Statement and will be placed on the Oyster Creek proceeding docket. A copy of this response will also be placed on the docket and served on the parties to the proceeding.

Sincerely,

/-.:~

cc: Service List

STATE O F N E W JBRSEY LEONARDT.CONNORS,JR. 9TH DISTRICTLECISI.ATIVE OYE?ICFS CHRISTOPHERJ.CONNORS SB,"I.%TOR- BTH DISTRICT 620 WKST LACEY B(l.\n ASSpMBI.YMAM-YTH ~18'('RlC'T May 4,2007 Mr, Dalc E.Klein, Chairman *?l+anr~nitt~d viafm and by regular maill' U,S. Nuclear Regulatory Commission Oftlce of Public Affairs (OPA)

Washington, DC, 20555 RE: OYSTER CREEK NUCLEAR POWER GENERATING STATION- MAY 31,2007 PUBLIC SESSION

Dear Chairman Klein:

The purpose of this letter i s to ntrongly oanvey our disappointment in tho NRC's decision to place restrictions on those who may spsak at the May 3 1,3007 scheduled public session hold by the Atomic SaQry and Licensing Baard regarding the license renewal of the Oyster Creek Nuclear Power Generating Station.

It Is our understqnding that certain individuals affiliatad with organizations involved wirl~a contention against the station's license renewal will not be permitted to spealc. Consequently, this would apply to t a l ns woll PS AmeriOen, the stadon's owner. pis the 3tate_R~arasenfetivesof the srarion's c n v i r o ~ l m e ~ ~groups home municipalitu nr~dsuv~undinuarcgj, we urge the N&C i o lifi_these rcnrictions on the wounds that such an esclusionarv policy erodes the ~ p i r i and t i n t e ~ r i Wof the ~ u b l heari~gwrocesi, i~

Excluding any segment of the community would be bath counterproduceivc and unwnnanted, In this case, two of the parties removed from file pracess are both l<nowledgeable and intricatsly involved with the complexities of the renewal process as well as related aspect4 concerning the facility. Without their participation, it i s unlikely this currently limited open pu.blic discuseian will meet its potential to serve as an inforrnation~lmeeting and/or ongagc the general public in the dynamics of the renewal process. In all piobabilily, it is more likely h a t prohibiting participation among selected groups will elicit feelings O F distrust and discontentment anlong those an active interest, most especially residents of communities in proximity to the station.

Already, we have heard from residents frustrated with the NRC's decision to reject n request adopted through resolution by the Ooean County Freel~oldetBoard to hold a hearing on whetlxer the potential o f a terrorist attnclc at the Oyster Creek facilily should be among t h e speaified aspecs of consideration in the re-licensing process. Compounded by the NRC'S opposition to deny rl~erequest by Ocean County Freeholder Jack Kelly on behalf of the Board for such a hearing, we fmr rhat if the restrictions pfaced on rha May 3 1 session are nor reconsidcrcd and lifftd, it wlll onlp add to the already existing public discontentment on ?his extremely contentious issue.

NU. fJ3d r. ('{

Mr. Dzle E. Klein i\40y 4,, 2007 Page 7, AT this time, wa fsfould also like to take this opportunitjt to oommunicare the position held by our Delegarion with regard to the re-licensing process which would grant a 20-year extension far the plant to operate. 1Ve oppose the license renewal far the continued operation ofrhe Oys~erCreekNuelear asneratiny Station withour an objective, independent risk and vulnerability asscssn~cntwhich p r a n t e e ~the safe ~pcration of the plant. Punhennare, any license renewal should be of shorter duration (preferably no n o r e than five years) which guarantees continued assessment and input from the public as well as the industry.

Thank you, in advanoe, for your artention to this important request. It is our sincere hape that the NRC will reconsider and allow anyone fram the public to speak at the schedule,d May 3 1 session, We look forward to your timely response.

Sincerely, c;p--..wm LEONARD T.CO I ORS, 3R, Senarot - 9"'District Cc: Ocean County Freeholder Board

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

1 AMERGEN ENERGY COMPANY, LLC 1 Docket No. 50-219-LR 1

1 (Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM ANNETTE L. VIET-TI-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) have been served upon the following persons by U.S. mail, first class, or through IVRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atorr~icSafety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Mitzi A. Young, Esq. Richard Webster, Esq.

Mary C. Baty, Esq. Rutgers Environmental Law Clinic Office of the General Counsel 123 Washington Street Mail Stop 15 D21 Newark, NJ 07102-5695 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Paul Gunter, Director Donald J. Silverman, Esq.

Reactor Watchdog Project Kathryn M. Sutton, Esq.

Nuclear Information Alex S. Polonsky, Esq.

and Resource Service Morgan, Lewis, & Bockius LLP 1424 16thStreet, NW, Suite 404 1111 Per~nsyvlar~ia Ave., NW Washington, DC 20036 Washington, DC 20004

Docket No. 50-219-LR LETTER FROM ANNETTE L. VIETTI-COOK TO THE HONORABLE LEONARD T. CONNORS, LIR; THE HONORABLE CHRISTOPHER J. CONNORS; AND THE HONORABLE BRIAN E. RUMPF IN RESPONSE TO THE1R LETTER DATED 05/04/07(ATTACHED)

Bradley M. Campbell, Commissioner Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak J. Bradley Fewell, Esq.

New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 41 5 Trenton, IVJ 08625-0415 Suzanne Leta John A. Covino, Esq.

NJPIRG Ellen Barney Balint, Esq.

1 1 N. Willow St. Valerie Anne Gray, Esq.

Trenton, NJ 08608 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 Office of th&ecretary df the ~omrf/ssion Dated at Rockville, Maryland this 30thday of May 2007