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| number = ML060870275 | | number = ML060870275 | ||
| issue date = 03/24/2006 | | issue date = 03/24/2006 | ||
| title = | | title = Letter from Alex S. Polonsky to Administrative Judge Hawkens Enclosing a 03/23/06 e-mail Message Sent to Richard Webster, Counsel for Nirs, Et Al | ||
| author name = Polonsky A | | author name = Polonsky A | ||
| author affiliation = AmerGen Energy Co, LLC, Morgan, Lewis & Bockius, LLP | | author affiliation = AmerGen Energy Co, LLC, Morgan, Lewis & Bockius, LLP | ||
| addressee name = Hawkens E | | addressee name = Hawkens E | ||
| addressee affiliation = NRC/ASLBP | | addressee affiliation = NRC/ASLBP | ||
| docket = 05000219 | | docket = 05000219 | ||
| Line 16: | Line 16: | ||
=Text= | =Text= | ||
{{#Wiki_filter:// | {{#Wiki_filter:Ris //V0 u Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Morgan Lewis CO UN SE LO RS AT I AW Tel: 202.139.3000 Fax: 202.;39.3001 www.morc anlewis.com DOCKETED USNRC Alex S. lPolonsky March 27, 2006 (3:3Zpm) 202.739.5~330 apolonsky §morganlewisxom OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STFAFF VIA FIRST CLASS MAIL March 24, 2006 Judge E'. Roy Hawkens Atomic Safety and Licensing Board Panel Mail Slop - T-3 F23 U.S. Nuclear regulatory Commission -I,.'" q:.'" .'t... ".-%. . .'. . | ||
§morganlewisxom OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STFAFF VIA FIRST CLASS MAIL March 24, 2006 Judge E'. Roy Hawkens Atomic Safety and Licensing Board Panel Mail Slop -T-3 F23 U.S. Nuclear regulatory Commission | : ... I Washington, D.C. 20555-0001 Re: Clarification; AmerGen Energy Company, LLC (License Renewal Proceeding for Oyster Creek Nuclear Generating Station). Docket No. 50-219 | ||
-I,.'q:.' .". -%. ..'. . | |||
Docket No. 50-219 | |||
==Dear Judge Hawkens:== | ==Dear Judge Hawkens:== | ||
We are notifying the Board (and the Commission) of the attached e-mail that I sent to Mr. Richard Webster, counsel for NIRS et al. on March 23, 3006.Sincerely, Alex S. Polonsky | |||
^ a___ _@___e__A^#A 11 as be ___. | We are notifying the Board (and the Commission) of the attached e-mail that I sent to Mr. Richard Webster, counsel for NIRS et al. on March 23, 3006. | ||
Corrosion at the other two elevations in the upper region is very minor, continues to decrease and would not impact the structural integrity of the drywell through 2029." These statements are consistent with AmerGen'i License Renewal Application, which states that "corrosion in the sand bed region has been arrested and no further loss of material is expected" (Application at 3.5-20), and 'recent UT measurements (2004) [in the upper region] confirmed-that the corrosion rate continues to decline" (Application at 3.5-21).The sentence at issue is on page 21 of AmerGen's Answer. It states: "Based on these measurements and inspections, AmerGen concluded that corrosion of the drywell shell has been arrested, including in the sand bed region. Application at 3.5-20 to -21." Your concern with this sentence is that it suggests that co rosion in the upper region of the drywell has been arrested.We agree with you that the sentence in the Answer could cause confusion. | Sincerely, 0 -- | ||
The word "including" should be deleted from the sentence at issue. The Board, however, did not rely on the condition of the drywell shell in the upper region when it rejected that portion of the contention. | Alex S. Polonsky cc: Service List 1.WA/25414253.1 Ternplae sPcl-oe3 | ||
See Memorandum and Order at 33 n.27 ("We limit | |||
)In the Matter of: )AmerGen Energy Company, LLC )(License Renewal for Oyster Creek Nuclear )Generating Station) ) | ^ a___ _@___e__A^#A 11 as be ___. . . | ||
U.S. Nuclear Regulatory Commission Attn: Rulemakings and Adjudications Staff | T0 rwebster~kinoy.rutgers.edu Alex S. -oIlonSKy1WAVMLsLaW cc Kathryn M. SuttonINsWMLBLaw@MorganLewis, Donald J. | ||
03/23/2006 09:54 AM SilvermaniWAiMLBLaw@MorganLewis, Bradley.Fewell@exeloncorp.com bcc Subject Oyster Creek Richard, You as <ed me whether there is a discrepancy between a "Fact Sheet" that discusses the upper region of the drywell at the Oyster Creek Nuclear Generating Station, and a sentence in AmerGen's December 12, 2005, Answer to your clients' Petition. | |||
ov)Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Wzshington, D.C. 20555-0001 (E-mail pba(.nrc.gov | The Fast Sheet that you faxed to me states that, "[t]here is no additional corrosion at two of the four regions in the upper region of the drywell that previously experienced corrosion. Corrosion at the other two elevations in the upper region is very minor, continues to decrease and would not impact the structural integrity of the drywell through 2029." These statements are consistent with AmerGen'i License Renewal Application, which states that "corrosion in the sand bed region has been arrested and no further loss of material is expected" (Application at 3.5-20), and 'recent UT measurements (2004) [in the upper region] confirmed-that the corrosion rate continues to decline" (Application at 3.5-21). | ||
) | The sentence at issue is on page 21 of AmerGen's Answer. It states: "Based on these measurements and inspections, AmerGen concluded that corrosion of the drywell shell has been arrested, including in the sand bed region. Application at 3.5-20 to -21." Your concern with this sentence is that it suggests that co rosion in the upper region of the drywell has been arrested. | ||
.3.John A. Covino Office of Commission Appellate Deputy Attorney General Adjudication** | We agree with you that the sentence in the Answer could cause confusion. The word "including" should be deleted from the sentence at issue. The Board, however, did not rely on the condition of the drywell shell in the upper region when it rejected that portion of the contention. See Memorandum and Order at 33 n.27 ("We limit NIRS's contention to the sand bed region because, contrary to NIRS's assertion, AmerGen is performing, and will continue to perform during the renewal period, UT measurements at critical locations in the upper region of the drywell liner"). In addition, all parties had a copy of the ApplicEtion which stated that corrosion in the upper region "continues to decline." | ||
Division of Law U.S. Nuclear Regulatory Commission Enxironmental Permitting and Counseling Section Washington, DC 20555-0001 P.O. Box 093 Hughes Justice Complex Tre:.iton,NJ 08625 (E-mail: iohn.covino(adol.lps.state.ni.us) | In any event, to ensure that there is no confusion in the record, we will be notifying the Board, the Commission, and the parties. | ||
Anm P. Hodgdon Daniel H. Fruchter Office of the General Counsel, 0-15D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (E-mail: aph~i)nrc.gov)(E-mail: dhf(nrc.gov) | We thank you for bringing this issue to our attention and hope that this clarification is helpful. | ||
Paul Gunter Nuclear Information and Resource Service 1424 16th Street, NW Suite 404 Washington, DC 20036 (E-mail: | Alex S. Polonsky Morgan Lewis & Bockius LLP 1111 Fennsylvania Ave., NW Washington, DC 20004 Direct dial: 202.739.5830 Fax: 202.739.3001 | ||
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION | |||
* Original and 2 copies** First Class Mail only Alex S. Polonsky}} | ) | ||
In the Matter of: ) March 24, 2006 AmerGen Energy Company, LLC ) | |||
Docket No. 50-219 (License Renewal for Oyster Creek Nuclear ) | |||
Generating Station) ) | |||
CERTIFICATE OF SERVICE I hereby certify that copies of the March 24, 2006 Letter to Judge Hawkens, Re: | |||
Clarification; AmerGen Energy Company, LLC (License Renewal Proceeding for Oyster Creek Nuclear Generating Station), Docket No. 50-19, were served this day upon the persons listed below, by first class mail. | |||
Secretary of the Commission* Administrative Judge U.S. Nuclear Regulatory Commission E. Roy Hawkens, Chair Attn: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Panel One White Flint North Mail Stop - T-3 F23 11 55 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, Maryland 20852-2738 Washington, D.C. 20555-0001 (E-mail: HEARINGDOCKET(inrc.gov) (E-mail: erh(q)nrc. ov) | |||
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 Wzshington, D.C. 20555-0001 Washington, D.C. 20555-0001 (E-mail pba(.nrc.gov ) (E-mail: aib5()nrc.qov) | |||
.3. | |||
John A. Covino Office of Commission Appellate Deputy Attorney General Adjudication** | |||
Division of Law U.S. Nuclear Regulatory Commission Enxironmental Permitting and Counseling Section Washington, DC 20555-0001 P.O. Box 093 Hughes Justice Complex Tre:.iton,NJ 08625 (E-mail: iohn.covino(adol.lps.state.ni.us) | |||
Anm P. Hodgdon Richard Webster Daniel H. Fruchter Rutgers Environmental Law Clinic Office of the General Counsel, 0-15D21 123 Washington Street U.S. Nuclear Regulatory Commission Newark, NJ 07102-5695 Washington, D.C. 20555 (E-mail: rwebster(akinov.rutgers.edu) | |||
(E-mail: aph~i)nrc.gov) | |||
(E-mail: dhf(nrc.gov) | |||
Paul Gunter Suzanne Leta Nuclear Information and Resource Service NJPIRG 1424 16th Street, NW 11 N. Willow Street Suite 404 Trenton, NJ 08608 Washington, DC 20036 (E-mail: sleta(onipirg.org) | |||
(E-mail: pgunteranirs.org) | |||
* Original and 2 copies | |||
** First Class Mail only Alex S. Polonsky}} | |||
Latest revision as of 08:22, 14 March 2020
| ML060870275 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 03/24/2006 |
| From: | Polonsky A AmerGen Energy Co, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Hawkens E Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-219-LR, ASLBP 06-844-01-LR, RAS 11420 | |
| Download: ML060870275 (4) | |
Text
Ris //V0 u Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Morgan Lewis CO UN SE LO RS AT I AW Tel: 202.139.3000 Fax: 202.;39.3001 www.morc anlewis.com DOCKETED USNRC Alex S. lPolonsky March 27, 2006 (3:3Zpm) 202.739.5~330 apolonsky §morganlewisxom OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STFAFF VIA FIRST CLASS MAIL March 24, 2006 Judge E'. Roy Hawkens Atomic Safety and Licensing Board Panel Mail Slop - T-3 F23 U.S. Nuclear regulatory Commission -I,.'" q:.'" .'t... ".-%. . .'. .
- ... I Washington, D.C. 20555-0001 Re: Clarification; AmerGen Energy Company, LLC (License Renewal Proceeding for Oyster Creek Nuclear Generating Station). Docket No. 50-219
Dear Judge Hawkens:
We are notifying the Board (and the Commission) of the attached e-mail that I sent to Mr. Richard Webster, counsel for NIRS et al. on March 23, 3006.
Sincerely, 0 --
Alex S. Polonsky cc: Service List 1.WA/25414253.1 Ternplae sPcl-oe3
^ a___ _@___e__A^#A 11 as be ___. . .
T0 rwebster~kinoy.rutgers.edu Alex S. -oIlonSKy1WAVMLsLaW cc Kathryn M. SuttonINsWMLBLaw@MorganLewis, Donald J.
03/23/2006 09:54 AM SilvermaniWAiMLBLaw@MorganLewis, Bradley.Fewell@exeloncorp.com bcc Subject Oyster Creek Richard, You as <ed me whether there is a discrepancy between a "Fact Sheet" that discusses the upper region of the drywell at the Oyster Creek Nuclear Generating Station, and a sentence in AmerGen's December 12, 2005, Answer to your clients' Petition.
The Fast Sheet that you faxed to me states that, "[t]here is no additional corrosion at two of the four regions in the upper region of the drywell that previously experienced corrosion. Corrosion at the other two elevations in the upper region is very minor, continues to decrease and would not impact the structural integrity of the drywell through 2029." These statements are consistent with AmerGen'i License Renewal Application, which states that "corrosion in the sand bed region has been arrested and no further loss of material is expected" (Application at 3.5-20), and 'recent UT measurements (2004) [in the upper region] confirmed-that the corrosion rate continues to decline" (Application at 3.5-21).
The sentence at issue is on page 21 of AmerGen's Answer. It states: "Based on these measurements and inspections, AmerGen concluded that corrosion of the drywell shell has been arrested, including in the sand bed region. Application at 3.5-20 to -21." Your concern with this sentence is that it suggests that co rosion in the upper region of the drywell has been arrested.
We agree with you that the sentence in the Answer could cause confusion. The word "including" should be deleted from the sentence at issue. The Board, however, did not rely on the condition of the drywell shell in the upper region when it rejected that portion of the contention. See Memorandum and Order at 33 n.27 ("We limit NIRS's contention to the sand bed region because, contrary to NIRS's assertion, AmerGen is performing, and will continue to perform during the renewal period, UT measurements at critical locations in the upper region of the drywell liner"). In addition, all parties had a copy of the ApplicEtion which stated that corrosion in the upper region "continues to decline."
In any event, to ensure that there is no confusion in the record, we will be notifying the Board, the Commission, and the parties.
We thank you for bringing this issue to our attention and hope that this clarification is helpful.
Alex S. Polonsky Morgan Lewis & Bockius LLP 1111 Fennsylvania Ave., NW Washington, DC 20004 Direct dial: 202.739.5830 Fax: 202.739.3001
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of: ) March 24, 2006 AmerGen Energy Company, LLC )
Docket No. 50-219 (License Renewal for Oyster Creek Nuclear )
Generating Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the March 24, 2006 Letter to Judge Hawkens, Re:
Clarification; AmerGen Energy Company, LLC (License Renewal Proceeding for Oyster Creek Nuclear Generating Station), Docket No. 50-19, were served this day upon the persons listed below, by first class mail.
Secretary of the Commission* Administrative Judge U.S. Nuclear Regulatory Commission E. Roy Hawkens, Chair Attn: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Panel One White Flint North Mail Stop - T-3 F23 11 55 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, Maryland 20852-2738 Washington, D.C. 20555-0001 (E-mail: HEARINGDOCKET(inrc.gov) (E-mail: erh(q)nrc. ov)
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 Wzshington, D.C. 20555-0001 Washington, D.C. 20555-0001 (E-mail pba(.nrc.gov ) (E-mail: aib5()nrc.qov)
.3.
John A. Covino Office of Commission Appellate Deputy Attorney General Adjudication**
Division of Law U.S. Nuclear Regulatory Commission Enxironmental Permitting and Counseling Section Washington, DC 20555-0001 P.O. Box 093 Hughes Justice Complex Tre:.iton,NJ 08625 (E-mail: iohn.covino(adol.lps.state.ni.us)
Anm P. Hodgdon Richard Webster Daniel H. Fruchter Rutgers Environmental Law Clinic Office of the General Counsel, 0-15D21 123 Washington Street U.S. Nuclear Regulatory Commission Newark, NJ 07102-5695 Washington, D.C. 20555 (E-mail: rwebster(akinov.rutgers.edu)
(E-mail: aph~i)nrc.gov)
(E-mail: dhf(nrc.gov)
Paul Gunter Suzanne Leta Nuclear Information and Resource Service NJPIRG 1424 16th Street, NW 11 N. Willow Street Suite 404 Trenton, NJ 08608 Washington, DC 20036 (E-mail: sleta(onipirg.org)
(E-mail: pgunteranirs.org)
- Original and 2 copies
- First Class Mail only Alex S. Polonsky