ML070360108

Letter from Annette L. Vietti-Cook to Congressman Jim Saxton Responding to His 01/18/07 Letter (Enclosed) Re Oyster Creek Environmental Impact Statement

ML070360108
Person / Time
Site:	Oyster Creek
Issue date:	01/29/2007
From:	Annette Vietti-Cook NRC/SECY
To:
SECY RAS
References
50-219-LR, ASLBP 06-844-01-LR, RAS 12976
Download: ML070360108 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 DOCKETED January 29,2007 USNRC February 5, 2007 (8:27am)

SECRETARY OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket No. 50-2194.R The Honorable Jim Saxton United States House of Representatives SERVED February 5,2067 Washington, D.C. 20515

Dear Congressman Saxton:

I am responding to your letter of January 18, 2007, sent to Chairman Dale E. Klein, in which you call for the U.S. Nuclear Regulatory Commission (NRC) both to analyze the potential environmental impacts of a terrorist strike in the Oyster Creek Environmental Impact Statement and to grant the State of New Jersey's request for a hearing on this issue.

An appeal from the Atomic Safety and Licensing Board's February 27, 2006 decision on this matter is currently pending before the Commission. Due to the nature of the Commission's adjudicatory role, I trust you will understand that all members of the Commission must remain impartial during the pendency of this case. It would be inappropriate at this time for any of them to discuss or comment on issues involved in this matter.

A copy of your letter and this response will be served on the participants in the Oyster Creek proceeding.

Sincerely, Annette L. Vietti-Cook cc: Oyster Creek Service List

JHI'I-18-LUUI IrlU US; I Y r11

' Kep, J ~m bar t o n F H A IlIJ, LULLLSU / ltl 5 C JIM SAXTON ARMED SERVICES CIIMNUlTEE T+IIHDDP.7RICT NEW JERSEY 9uecnmlnEEs:

TERRQRISM. UNCONVENTIONAL wvw I~OUSI!GDvISAYTON TI.IREATS A N D CAPABILITIES CNPIPMAN JOINT ECONOMIC COMMlTTrE CWlRWN PROJECTION FORCES RESOURCES C O M M m E E MILITARY PERSONNEL 5UBCOMMlllEES:

FlSrlCRIEh &NO OCELNC 1IATlONALPAnhS 3EI.P. M o u ~ eof Piiepre&entatibe$

January 18,2007 Dr. Dale E. Klein Chairman 1 1555 Rockville Pike Roclcville, MD 20852

Dear Dr. Klein:

I write to you today regarding a recent ccturt ruling relating to the security 01 nuclear power plants.

As you kuow, on January 16, 2007, the 'Chited States Supreme Court denied the appeal request of Pacific Gas ,and Electric (PG&E'j in the case of PG&E v. San Luis Obispo Mothers for Peace. Instead, the highest court Ict stand a nlling hlulded down by the Ninth Circuit Court of Appeals in San Francisco. To summarize, the cowl n ~ l c dtl~al when co~lsideiiilgan application for a new nuclear power plant, the Nuclear Regulatory Commission (NRC) musl require the licensee to include the potential e~lvironrnental impact of a terrorist strilre against the plant in t111:ir Environinentai hnpact Stalement (EIS).

As a longtime advocate of increased security at nuclcar power planls, I commend the c o ~ ~for r t issuing this long-awaited ruling. I fiilly support the necd to include sucl~

cnicial inrornlation in an EIS. In addition, T beljl:ve these conditions should logically also be ]net by tl~oscwishing to cxlend their operalinl; licenses.

It is m y understanding that an EIS for rhe Oyster Creek Generating Station in Ocean Coiinly, N.J. will be released this Friday. In view of the new ruling, I want to ensurc that the poten~ialenvironmential impacts of a terroiist strike on Oyster Creek were also included in the EIS being released on Friday, 01- in a required addendum to be released in the near future. While I am aware th~:FiRC lakes security-related issues into account on 3 daily basis, it is critical that in the case of Oyster Creek we have a Full understa~dingof the environ~nel~tnl impacts of a terrorist strilcc in New Jersey, the inost densely-populated slate in the imion.

1/22... To OGC to Prepare Response for the Signature of SECY ... Due Date: 2/14 Copy to: OCA to Ack, RF...07-0041 (Exparte Communication)

Dr. Dale E. Klein Janusiy 18,2007 Page 2 Additionally, it is also my wlderstanding that the NRC llad postponzcl a decision on whetl~crto grant the hearing rcqucst of the Slate o f N e Jcrsoy

~ ~ on this same subject until aficr tile decjsion of the S l i p i ~COW.

i~ No*:: !hi;\ !his h 2 ~ccurred,

~ !urge the NRC to grant New Jersey's hearing request. It is clear that thc decisioil of tlie Ninth Circuit Court underlines 01e fact that terrorism vulnerability needs to be lalien into account during the NRC decision-making process.

Thanlc you lor your col~siderationof my request.

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

)

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

)

1 (Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM ANNETTE L. VIETTI-COOK TO CONGRESSMAN JIM SAXTON RESPONDING TO HIS 01/18/07 LETTER (ENCLOSED) RE OYSTER CREEK ENVIRONMENTAL IMPACT STATEMENT have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety 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 Steven C. Hamrick, Esq. Richard Webster, Esq.

Mitzi A. Young, Esq. Rutgers Environmental Law Clinic Jody C. Martin, Esq. 123 Washington Street Office of the General Counsel Newark, NJ 07102-5695 Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Docket No. 50-219-LR LETTER FROM ANNETTE L. VIETTI-COOK TO CONGRESSMAN JIM SAXTON RESPONDING TO HIS 01/18/07 LETTER (ENCLOSED)

RE OYSTER CREEK ENVIRONMENTAL IMPACT STATEMENT 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 Pennsyvlania Ave., NW Washington, DC 20036 Washington, DC 20004 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, NJ 08625-0415 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.

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 Dated at Rockville, Maryland this 5thday of February 2007