ML062890332

2006/10/10-Letters from Annette L. Vietti-Cook to Six Members of Congress Responding to Their 09/26/06 Letter (Also Enclosed) Re Effects of Water Leakage and Corrosiion on the Structural Integrity of the Containment Wall of the Oyster Creek

ML062890332
Person / Time
Site:	Oyster Creek
Issue date:	10/10/2006
From:	Annette Vietti-Cook NRC/SECY
To:	Andrews R, Holt R, Pallone F, Pascrell B, Saxton J, Casey Smith US HR (House of Representatives)
Julian E
References
50-219-LR, ASLBP 06-844-01-LR, RAS 12377
Download: ML062890332 (10)

Text

SECRETARY UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 The Honorable Jim Saxton United States House of Representatives Washington, D.C. 2051 5 October 10,2006 DOCKETED USNRC October 16, 2006 (8:40am) OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF SERVED October 16,2006 Docket No. 50-219-LR Dear Congressman Saxton: This is a response to your letter dated September 26, 2006, addressed to Chairman Dale E. Klein, in which you request that the Nuclear Regulatory Commission (NRC) address your concerns related to the effects of water leakage and corrosion on the structural integrity of the containment wall of the Oyster Creek Nuclear Generating Station reactor. You also recommend that the Advisory Committee on Reactor Safeguards conduct an independent anaylsis of the state of the containment wall structure.

Your letter has been referred to the NRC staff. The staff will address your specific concerns in a direct reply.

Currently, an Atomic Safety and Licensing Board is conducting a proceeding on the license renewal application for the Oyster Creek Station. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards.

Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission.

A copy of your letter and this response, as well as the response of the NRC staff, when issued, will be served on the participants in the Ovster Creek proceeding.

Sincerely, Annette L. Vietti-Cook Secretary of the Commission cc: Service List UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON.

D.C. 20555-0001 October 10, 2006 SECRETARY The Honorable Christopher H. Smith United States House of Representatives Washingtnn, D.C~ 2051 5

Dear Congressman Smith:

This is a response to your letter dated September 26, 2006, addressed to Chairman Dale E. Klein, in which you request that the Nuclear Regulatory Commission (NRC) address your concerns related to the effects of water leakage and corrosion on the structural integrity of the containment wall of the Oyster Creek Nuclear Generating Station reactor. You also recommend that the Advisory Committee on Reactor Safeguards conduct an independent anaylsis of the state of the containment wall structure.

Your letter has been referred to the NRC staff. The staff will address your specific concerns in a direct reply. Currently, an Atomic Safety and Licensing Board is conducting a proceeding on the license renewal application for the Oyster Creek Station. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission.

A copy of your letter and this response, as well as the response of the NRC staff, when issued, will be served on the participants in the Ovster Creek proceeding.

Sincerely, - Annette L. Vietti-Cook Secretary of the Commission cc: Service List UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 10, 2006 SECRETARY The Honorable Bill Pascrell, Jr. United States. House of Representatives

!A!?shingtcn, F.C. 2051 5

Dear Congressman Pascrell:

This is a response to your letter dated September 26, 2006, addressed to Chairman Dale E. Klein, in which you request that the Nuclear Regulatory Commission (NRC) address your concerns related to the effects of water leakage and corrosion on the structural integrity of the containment wall of the Oyster Creek Nuclear Generating Station reactor. You also recommend that the Advisory Committee on Reactor Safeguards conduct an independent anaylsis of the state of the containment wall structure.

Your letter has been referred to the NRC staff. The staff will address your specific concerns in a direct reply. Currently, an Atomic Safety and Licensing Board is conducting a proceeding on the license renewal application for the Oyster Creek Station.

Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission.

A copy of your letter and this response, as well as the response of the NRC staff, when issued, will be served on the participants in the Ovster Creek proceeding.

Sincerely, Annette L. Vietti-Cook Secretary of the Commission cc: Service List UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 10, 2006 SECRETARY The Honorable Rush Holt United States House of Representatives Washingt~r, D.C. 20515

Dear Congressman Holt:

This is a response to your letter dated September 26, 2006, addressed to Chairman Dale E. Klein, in which you request that the Nuclear Regulatory Commission (NRC) address your concerns related to the effects of water leakage and corrosion on the structural integrity of the containment wall of the Oyster Creek Nuclear Generating Station reactor. You also recommend that the Advisory Committee on Reactor Safeguards conduct an independent anaylsis of the state of the containment wall structure.

Your letter has been referred to the NRC staff. The staff will address your specific concerns in a direct reply. Currently, an Atomic Safety and Licensing Board is conducting a proceeding on the license renewal application for the Oyster Creek Station.

Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission.

A copy of your letter and this response, as well as the response of the NRC staff, when issued, will be served on the participants in the Ovster Creek proceeding.

Sincerely, Annette L. Vietti-Cook Secretary of the Commission cc: Service List UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 10, 2006 SECRETARY The Honorable Frank Pallone, 4r. United States House of Representatives IAl-n~h;nntr\n P 3nK4 E VVUJlIIIlLJLWII, Y.U. LUJ I J Dear Congressman Pallone: This is a response to your letter dated September 26, 2006, addressed to Chairman Dale E. Klein, in which you request that the Nuclear Regulatory Commission (NRC) address your concerns related to the effects of water leakage and corrosion on the structural integrity of the containment wall of the Oyster Creek Nuclear Generating Station reactor. You also recommend that the Advisory Committee on Reactor Safeguards conduct an independent anaylsis of the state of the containment wall structure. Your letter has been referred to the NRC staff. The staff will address your specific concerns in a direct reply. Currently, an Atomic Safety and Licensing Board is conducting a proceeding on the license renewal application for the Oyster Creek Station. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission.

A copy of your letter and this response, as well as the response of the NRC staff, when issued, will be served on the participants in the Ovster Creek proceeding.

Sincerely, ~nnette L. Vietti-Cook Secretary of the Commission cc: Service List UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 10, 2006 SECRETARY The Honorable Robert E. Andrews United States House of Representatives

!?'ashingten, D.C. 2051 5 Dear Congressman Andrews: This is a response to your letter dated September 26, 2006, addressed to Chairman Dale E. Klein, in which you request that the Nuclear Regulatory Commission (NRC) address your concerns related to the effects of water leakage and corrosion on the structural integrity of the containment wall of the Oyster Creek Nuclear Generating Station reactor. You also recommend that the Advisory Committee on Reactor Safeguards conduct an independent anaylsis of the state of the containment wall structure. Your letter has been referred to the NRC staff. The staff will address your specific concerns in a direct reply.

Currently, an Atomic Safety and Licensing Board is conducting a proceeding on the license renewal application for the Oyster Creek Station. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission, A copy of your letter and this response, as well as the response of the NRC staff, when issued, will be served on the participants in the Ovster Creek proceeding.

Sincerely, Annette L. Vietti-Cook Secretary of the Commission cc: Service List

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) ) AMERGEN ENERGY COMPANY, LLC ) ) ) (Oyster Creek Nuclear Generating Station) ) Docket No. 50-21 9-LR CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM ANNETTE L. VIETTI-COOK TO SIX MEMBERS OF CONGRESS RESPONDING TO THEIR 09/26/06 LETTER (ALSO ENCLOSED)

RE EFFECTS OF WATER LEAKAGE AND CORROSION ON THE STRUCTURAL INTEGRITY OF THE CONTAINMENT WALL OF THE OYSTER CREEK REACTOR have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Steven C.

Hamrick, Esq. Mitzi A. Young, Esq.

Office of the General Counsel Mail Stop 1 5 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge E. Roy Hawkens, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Richard Webster, Esq.

Rutgers Environmental Law Clinic 123 Washington Street Newark, NJ 071 02-5695 Docket No. 50-21 9-LR LETTER FROM ANNETTE L.'VIETTI-COOK TO SIX MEMBERS OF CONGRESS RESPONDING TO THEIR 09/26/06 LETTER (ALSO ENCLOSED)

RE EFFECTS OF WATER LEAKAGE AND CORROSION ON THE STRUCTURAL INTEGRITY OF THE CONTAINMENT WALL OF THE OYSTER CREEK REACTOR Paul Gunter, Director Reactor Watchdog Project Nuclear Information and Resource Service 1424 1 6'h Street, NW, Suite 404 Washington, DC 20036 Donald J. Silverman, Esq. Kathryn M. Sutton, Esq.

Alex S. Polonsky, Esq. Morgan, Lewis, & Bockius LLP 1 1 1 1 Pennsyvlania Ave., NW 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 New Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 41 5 Trenton, NJ 08625-041 5 Suzanne Leta NJPIRG 11 N. Willow St. Trenton, NJ 08608 J. Bradley Fewell, Esq. Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 John A. Covino, Esq. Ellen Barney Balint, Esq. Valerie Anne Gray, Esq.

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 ~$.-f&~ Office of tl& Secretary of the oh mission Dated at Rockville, Maryland this 16'" day of October 2006