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| 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. | | 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, | | Sincerely, 0 -- |
| ,.",
| |
| 0 -- | |
| Alex S. Polonsky cc: Service List 1.WA/25414253.1 Ternplae sPcl-oe3 | | Alex S. Polonsky cc: Service List 1.WA/25414253.1 Ternplae sPcl-oe3 |
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| ^ a___ _@___e__A^#A 11 as be ___. . . | | ^ a___ _@___e__A^#A 11 as be ___. . . |
| T0 rwebster~kinoy.rutgers.edu | | T0 rwebster~kinoy.rutgers.edu Alex S. -oIlonSKy1WAVMLsLaW cc Kathryn M. SuttonINsWMLBLaw@MorganLewis, Donald J. |
| _ . _ ..
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| 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. | | 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 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). |
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| Docket No. 50-219 (License Renewal for Oyster Creek Nuclear ) | | Docket No. 50-219 (License Renewal for Oyster Creek Nuclear ) |
| Generating Station) ) | | Generating Station) ) |
| _ !
| |
| CERTIFICATE OF SERVICE I hereby certify that copies of the March 24, 2006 Letter to Judge Hawkens, Re: | | 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. | | 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. |
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|---|
Category:Legal-Correspondence
MONTHYEARML1011305402010-03-29029 March 2010
Nj Environmental Federation, Petitioners V USNRC, Respondents & Exelon Corp., Intervenor; No. 09-2567 - Petition for Review of Decisions Associated W/License Renewal of Oyster Creek Nuclear Power Plant
ML0909303632009-04-0101 April 2009
Letter from Congressman Christopher H. Smith (D-N.J.) Requesting Postponement of Scheduled April 1, 2009 Affirmation - Served
ML0909904242009-03-31031 March 2009
2009/03/31-Letter from Richard Webster License Renewal for Oyster Creek Nuclear Generating Station
ML0912501832009-03-30030 March 2009
Commission Notification and Submission of Supplemental Information in Support of Pending Motion and Petition
ML0908609012009-03-11011 March 2009
Letter from B M Carle, Township Clerk, Township of Berkeley, in County of Ocean, State of New Jersey and Resolution of the Township Council Regarding Oyster Creek Nuclear Power Plant
ML0906808492009-03-0404 March 2009
Letter from the Secretary to Alan W. Avery, Jr. in Response to His January 2, 2009 Letter Regarding the Request of Congressman Christopher Smith'S Concerns for Structural Integrity of Oyster Creek Drywall Liner
ML0906301622009-03-0202 March 2009
Oyster Creek - NRC Staff'S Response to Citizens' Motion for Leave Reply to the Staff'S Opposition to Citizens' Motion to Reopen
ML0904306222009-02-12012 February 2009
Oyster Creek - Notice of Withdrawal of Marcia J. Simon
ML0903604032009-02-0303 February 2009
Letter to Chariman Klein from John Adler, U.S. Congress - Request the NRC Postpone the Scheduled Affirmation Until Recommendations by Two NRC Advisory Boards Are Further Reviewed
ML0903603812009-02-0303 February 2009
Letter to Chairman Klein from Christopher H. Smith, U.S. Congress, Request the NRC Postpone the Affirmation Session and Any Decision on Extending the Operating License Be Deferred Etc
ML0901502932009-01-0606 January 2009
Annette L. Vietti-Cook, Secy Response to Congressman Christopher H. Smith Responding to His 12/4/08 Letter Amergen'S Three-Dimensional Analysis
ML0911907232008-11-17017 November 2008
USNRC, Updated Commission Notification
ML0911907242008-11-17017 November 2008
USNRC, Updated Commission Notification, with Hand Written Notes
ML0911905772008-11-0606 November 2008
USNRC, Amergen Energy Company, Commission Notification
ML0831205422008-11-0606 November 2008
2008/11/06-Oyster Creek - Letter to Aslb Submitting Notification of Information in the Matter of Oyster Creek Nuclear Generating Station License Renewal Application
ML0831006862008-10-14014 October 2008
2008/10/14-License Renewal for Oyster Creek Nuclear Generating Station. Providing Comments on SER Dated 09/19/2008, Concerning Nuclear Workers and Mental Fatigue
ML0827405582008-09-25025 September 2008
Letter from the Secretary to Jill Lipoti, State of N.J.,Drywell Analysis ASLB; a Copy of Letter from Jill Lipoti to the Commission (with Cc: Judge E. Roy Hawkens, ASLB, 09/16/08)
ML0826305092008-09-19019 September 2008
2008/09/19 - Oyster Creek, Safety Evaluation Report Related to License Renewal, Supplement 1
ML0826305662008-09-15015 September 2008
2008/09/15-Oyster Creek, Submittal of Original Signature of John F. O'Rourke Dated 06/11/08 Filed for License Renewal
ML0825505852008-09-11011 September 2008
Memorandum by Judge E. Roy Hawkens, ASLBP to Hibiscus Films 09/18/08 Filming of Oral Argument in Toms River, N.J
ML0813504892008-05-0808 May 2008
2008/05/08-In the Matter of Amergen Energy Co., LLC (License Renewal for Oyster Creek Nuclear Generating Station), State of New Jersey Has Written to NRC Staff Providing New and Significant Information That Directly Affects License Extensio
ML0812904552008-05-0505 May 2008
Letter from Alex S. Polonsky Informing the Commission That on May 1, 2008, Amergen Submitted the Enclosed Response to NRC Request for Additional Information on Metal Fatigue Analysis Related to Oyster Creek
ML0812903642008-05-0202 May 2008
2008/05/02-Memorandum to Chairman Klein from the Inspector General on the Subject of NRC Staff Review of License Renewal Applications
ML0811603062008-04-25025 April 2008
Letter from Annette L. Vietti-Cook to the Honorable Jim Saxton and the Honorable Chris Smith in Response to Their 04/17/08 Letter
ML0809406882008-04-0303 April 2008
2008/04/03 - Transmittal of 04/03/08 Notification of Information in the Matter of Oyster Creek License Renewal Application
ML0805602162008-02-21021 February 2008
Memorandum from Annette L. Vietti-Cook to Luis A. Reyes Re SECY-08-0018 - Renewal of Full-Power Operating License for Oyster Creek Nuclear Generating Station
ML0808104622008-01-25025 January 2008
Nj Dept of Environmental Protection V. USNRC Et Al., Docket No. 07-2271 (3rd Cir) - Respondent (Amergen) Brief
ML0804303392008-01-17017 January 2008
State of New Jersey V. USNRC, Et Al., No. 07-2271; Consented Motion for Leave to File a Supplemental Appendix
ML0804302902008-01-0303 January 2008
Nj Department of Environmental Protection V. USNRC; No. 07-2271; Consent Motion for Extension of Time and Consent Motion for Extension of Time to File Brief
ML0735321162007-12-19019 December 2007
Memorandum from Administrative Judge E. Roy Hawkens to the Office of the Secretary Enclosing the Proposed Questions Previously Submitted by the Parties to This Proceeding
ML0731805062007-11-0707 November 2007
Letter from Jay M. Gutierrez to Karen Cyr Re Notice Pursuant to District of Columbia Bar Rule 1.11
ML0731114652007-11-0707 November 2007
Oyster Creek - Letter from Mary C. Baty to Administrative Judges Regarding Citizens' Motion to Strike Amergen'S Unauthorized Answer
ML0728400312007-09-18018 September 2007
E-mail from Ray P. Kuyler Informing the Licensing Board That Amergen Does Not Intend to Submit Any Additional Proposed Questions to the Board Based Upon Its Review of Citizens' sur-rebuttal Testimony
ML0726803722007-09-18018 September 2007
Letter from Richard Webster to Administrative Judge Hawkens Submitting Confidential Proposed Questions for the Board to Consider Asking Amergen and the NRC Staff During the Hearing in September
ML0726201332007-09-18018 September 2007
Oyster Creek - Letter from Mary C. Baty Enclosing Only to the Administrative Judges the NRC Staff Proposed Questions for Evidentiary Hearing
ML0725503062007-09-0505 September 2007
Letter from Richard Webster to Administrative Judge Hawkens Submitting Proposed Questions for the Board to Consider Asking Dr. Mark Hartzman During the Hearing in September
ML0726900892007-08-27027 August 2007
Memorandum from E. Roy Hawkens to Sarie Horowitz Regarding Restrictions on Filming of Evidentiary Hearing by Hibiscus Films
ML0724200112007-08-24024 August 2007
Letter from Alex S. Polonsky to Administrative Judge Hawkens Attaching Questions for the Board to Consider Asking Citizens' Proffered Expert, Dr. Hausler, During the Hearing in September
ML0724200102007-08-21021 August 2007
Letter from R. P. Kuyler to the Secretary of the Commission Enclosing the Original Signature of Dr. Hardayal S. Mehta Supporting Part 2 of Amergen'S Rebuttal Statement of Position, Filed on 08/17/07
ML0724903652007-08-16016 August 2007
New Jersey Dept of Environmental Protection V. USNRC, Et Al., Docket No. 07-2271; Letter to Marcia Waldron Sending Copies of Motion of Consent for Second Extension of Time
ML0721200332007-07-24024 July 2007
Letter from R. P. Kuyler to the Secretary of the Commission Enclosing the Original Signature of Ahmed Ouaou Supporting Part 4 of Amergen'S Pre-filed Direct Testimony Submitted on 07/20/07
ML0717601242007-06-11011 June 2007
6/11/2007 - Certified Index of the Record; State of New Jersey V. USNRC; No. 07-2271
ML0717601392007-06-0404 June 2007
6/4/2007 - Petitioner'S Notice of Appearance from State of New Jersey, Dept of Law and Public Safety V. USNRC; No. 07-2271
ML0715003252007-05-29029 May 2007
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)
ML0713505532007-05-15015 May 2007
2007/05/15-Letter from Mitzi A. Young to Administrative Judges Enclosing the Safety Evaluation Report Related to the License Renewal of the Oyster Creek Generating Station, Issued on 03/30/07
ML0715200652007-05-0808 May 2007
E-mail from Michele Donato to Richard Webster Commending Him for His Efforts in Keeping the Issues Clear and Direct Regarding the Oyster Creek Proceeding
ML0715104132007-04-30030 April 2007
4/30/2007 - Service of Petition for Review for Nj Dept Env Prot Vs. NRC, Docket No. 07-2271
ML0715104202007-04-25025 April 2007
4/25/2007 - New Jersey Department of Environmental Protection, Petitioner V. U.S. NRC; Docket No. 07-2271
ML0712902262007-04-19019 April 2007
Letter from Betty Vasil to Chairman Klein Enclosing the Ocean County Board of Chosen Freeholders Resolution Re Oyster Creek
ML0709901612007-04-0505 April 2007
Letter from Andrew L. Bates to John P. Kelly in Response to His Letter Dated 02/27/07 (Attached)
2010-03-29
[Table view]
Category:Legal-Correspondence/Maintenance
MONTHYEARML0613700102006-05-16016 May 2006
Letter from Mitzi A. Young to Administrative Judges Informing That the Staff Does Not Intend to File a Reply to Citizens' Motion to Compel Further Mandatory Disclosures
ML0609705552006-04-0707 April 2006
Oyster Creek - Letter from Ann P. Hodgdon to Administrative Judgges Correcting the Date the Hearing File Was Submitted
ML0610002082006-04-0505 April 2006
Letter from Alex S. Polonsky Enclosing a Letter Dated 04/04/06 Regarding Commitments Associated with Containment (Drywell and Torus) Condition Monitoring Related to the License Application for Oyster Creek
ML0608702752006-03-24024 March 2006
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
ML0609406312006-03-24024 March 2006
2006/03/24-Letter from Annette L. Vietti-Cook to Senator Menendez Responding to His 02/27/06 Letter Requesting That the Commission Hold a Public Hearing on Safety Issues Related to the License Renewal Application for Oyster Creek
ML0609406252006-03-24024 March 2006
2006/03/24-Letter from Annette L. Vietti-Cook to Congressman Smith Responding to His 02/16/06 Letter Requesting That a Hearing Be Held on the License Renewal Application for Oyster Creek
ML0608603102006-03-22022 March 2006
Letter from Alex S. Polonsky to Administrative Judge Hawkens Informing That the Parties to the Proceeding Have Agreed to Follow the Protocol Related to the Mandatory Disclosures Required Under 10 C.F.R. 2.336
ML0608103502006-03-20020 March 2006
Correspondence from Administrative Judge Hawkens Attaching a March 7, 2006 Letter from Daniel J. Hennessy Regarding Resolutions Adopted by the Ocean County Board of Chosen Freeholders
ML0608005282006-03-0707 March 2006
Letter from Daniel J. Hennessy to Public Affairs Enclosing Resolutions Adopted by the Ocean County Board of Chosen Freeholders, Dated March 1, 2006 and February 18, 2004
ML0606003172006-02-27027 February 2006
Letter from Annette L. Vietti-Cook to Congressman Andrews Responding to His 02/06/06 Letter (Also Enclosed) Regarding the Oyster Creek Proceeding
ML0606003242006-02-27027 February 2006
Letter from Annette L. Vietti-Cook to Assemblyman Panter Responding to His 02/15/06 Letter (Also Enclosed) Regarding the Oyster Creek Proceeding
ML0604702492006-02-14014 February 2006
Letter from Annette L. Vietti-Cook to Congressman Saxton Responding to His 01/27/06 Letter (Also Enclosed) Regarding the Oyster Creek Proceeding
ML0604501392006-02-13013 February 2006
2006/02/13-Letter from Annette L. Vietti-Cook to Acting Commissioner Jackson Responding to Her 02/01/06 Letter Regarding the Oyster Creek License Renewal Proceeding
ML0535501142005-12-20020 December 2005
Oyster Creek - Letter from Ann P. Hodgdon to Administrative Judges Forwarding a Replacement Copy of the 12/12/05 NRC Staff Answer to Request for Hearing and Petition to Intervene of the State of New Jersey Department of Environmental.
ML0234003322002-12-0606 December 2002
Memorandum from Emile L. Julian to Recipients of Letter Dated 12/04/02 from Annette L. Vietti-Cook to Norm Cohen Regarding DD-02-03
2006-05-16
[Table view] |
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)
- First Class Mail only Alex S. Polonsky