ML071130170
| ML071130170 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/23/2007 |
| From: | Hawkens E R Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 06-844-01-LR, 50-0219-LR, RAS 13527 | |
| Download: ML071130170 (7) | |
Text
UNITED STATES OF AMERICARAS 13527NUCLEAR REGULATORY COMMISSIONDOCKETED 04/23/07ATOMIC SAFETY AND LICENSING BOARDSERVED 04/23/07Before Administrative Judges:E. Roy Hawkens, ChairmanDr. Paul B. AbramsonDr. Anthony J. BarattaIn the Matter ofAMERGEN ENERGY COMPANY, LLC (License Renewal for Oyster Creek NuclearGenerating Station) Docket No. 50-0219-LRASLBP No. 06-844-01-LR April 23, 2007NOTICE(Notice of Opportunity to Make Oral or Written Limited Appearance Statements)This proceeding concerns the July 22, 2005 application by AmerGen Energy Company,LLC ("AmerGen") to renew its operating license for the Oyster Creek Nuclear Generating Station ("Oyster Creek") for twenty years beyond the current expiration date of April 9, 2009. In response to the September 15, 2005 Notice of Opportunity for Hearing (70 Fed. Reg. 54,585 (Sept. 15, 2005)), two Requests for Hearing and Petitions to Intervene were filed on November 14, 2005. One Petition was filed by the New Jersey Department of Environmental Protection
[hereinafter referred to as New Jersey], and the other Petition was filed by the Nuclear Informa-tion and Resource Service, Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental Federation [hereinafter referred to collectively as Citizens]. On December 9, 2005, this Atomic Safety and Licensing Board was established to preside over the proceeding. On February 27, 2006, this Board issued a Memorandum and Order in which we (LBP-06-07, 63 NRC 188 (2006)): (1) denied New Jersey's Request for Hearing and Petition to 1Although New Jersey established standing, the Board concluded that it failed toproffer an admissible contention. The Nuclear Regulatory Commission sustained the Board'sruling. CLI-07-08, 65 NRC __ (slip op.) (Feb. 26, 2007); CLI-06-24, 64 NRC 111 (2006).Intervene; 1 and (2) granted Citizens' Request for Hearing and Petition to Intervene. Weconcluded that Citizens' contention was admissible to the extent it challenged AmerGen's aging management program for measuring corrosion in the sand bed region of the drywell liner (id. at217). Subsequently, on June 6, 2006, this Board issued a Memorandum and Order in whichwe concluded that Citizens' contention, as admitted by the Board, was a contention of omission that had been cured as a result of newly docketed commitments by AmerGen to perform periodic UT measurements in the sand bed region of the drywell liner throughout the period of extended operation (LBP-06-16, 63 NRC 737 (2006)). Instead of dismissing the proceeding, the Board gave Citizens the opportunity to file a new contention raising one or more specific substantive challenges to AmerGen's new periodic UT program for the sand bed region (id. at744). On June 23, Citizens submitted a Petition to file new contentions, and on October 10, this Board admitted one of the newly proffered contentions; namely, Citizens' assertion that AmerGen's scheduled UT monitoring frequency in the sand bed region of the drywell shell during the renewal period is insufficient to maintain an adequate safety margin (LBP-06-22, 64 NRC 229, 240-44 (2006)).This Atomic Safety and Licensing Board hereby gives notice that, in accordance with 10C.F.R. § 2.315(a), the Board will entertain oral limited appearance statements from members of the public in connection with this proceeding at the date, time, and location specified below. 2Members of the public who plan to attend the limited appearance sessions areadvised that security measures may be employed at the entrance to the facility, including searches of hand-carried items such as briefcases, backpacks, packages, etc. In addition, although signs no larger than 18" by 18" will be permitted, they may not be waved, attached to sticks, held up, or moved about in the room. See Procedures for Providing Security Support forNRC Public Meetings/Hearings, 66 Fed. Reg. 31,719 (June 12, 2001).A.Date, Time, and Location of Oral Limited Appearance Statement SessionsThe sessions will be held on the following date at the specified location and time:DATE:Thursday, May 31, 2007 TIME:Session I: 2:00 P.M. EDT until 4:00 P.M. EDTSession II: 7:00 P.M. EDT until 9:00 P.M. EDTLOCATION:Ocean County Administration BuildingRoom 119 101 Hooper Avenue Toms River, NJ 08754B.Participation Guidelines for Oral Limited Appearance StatementsAny person not a party, or the representative of a party, to the proceeding will be permit-ted to make an oral statement setting forth his or her position on matters of concern relating to this proceeding. Although these statements do not constitute testimony or evidence in the proceeding, they nonetheless may assist the Board and/or the parties in their consideration ofthe issues. In particular, these statements may serve to alert the Board and the parties to areas in which evidence may need to be adduced. Oral limited appearance statements will be entertained during the hours specified above,or such lesser time as might be necessary to accommodate the speakers who are present.
2 Inthis regard, if all scheduled and unscheduled speakers present at the session have made a presentation, the Licensing Board reserves the right to terminate the session before the ending time listed above. In order to allow all interested persons an opportunity to address the Board, the time allotted for each statement normally will be no more than five (5) minutes, but may be further limited depending on the number of written requests to make an oral statement that are submitted in accordance with Section C below and/or the number of persons present at thedesignated time.
C.Submitting a Request to Make an Oral Limited Appearance StatementPersons wishing to make an oral statement who have submitted a timely written requestand who are present when their names are called will be given priority over those who have not filed such a request. To be considered timely, a written request to make an oral statement must be mailed, faxed, or sent by e-mail so as to be received by 5:00 P.M. EDT on Friday, May25, 2007. The request must specify the requestor's name, and session (Session I or II) duringwhich the requestor wishes to make an oral statement. Written requests to make an oral statement should be submitted to:Mail:Office of the SecretaryRulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001Fax:(301) 415-1101 (verification (301) 415-1966)
E-mail:hearingdocket@nrc.gov In addition, using the same method of service, a copy of the written request to make anoral statement should be sent to the Chairman of this Licensing Board as follows:Mail:Administrative Judge E. Roy Hawkensc/o: Debra Wolf, Esq., Law Clerk Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001Fax:(301) 415-5599 (verification (301) 415-6094)
Email:daw1@nrc.gov 3Copies of this Notice were sent this date by Internet e-mail to counsel for: (1)Citizens; (2) AmerGen; (3) the NRC Staff; and (4) New Jersey.D.Submitted Written Limited Appearance StatementsA written limited appearance statement may be submitted to the Board regarding thisproceeding at any time, either in lieu of or in addition to any oral statement. Such statements should be sent to the Office of the Secretary using the methods prescribed above, with a copy to the Licensing Board Chairman.
E.Availability of Documentary Information Regarding the ProceedingDocuments relating to this proceeding are available for public inspection at the Commis-sion's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the publicly available records component of NRC's document system (ADAMS). ADAMS is accessible from the NRC web site at www.nrc.gov/reading-rm/adams.html (Electronic Reading Room). Persons who do not haveaccess to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR reference staff by telephone at (800) 397-4209 or (301) 415-4737, or by e-mail to pdr@nrc.gov.
F.Scheduling Information UpdatesTo the extent updated/revised scheduling information exists regarding the limitedappearance session, it can be found on the NRC website at www.nrc.gov/public-involve/public-meetings/index.cfm or by calling (800) 368-5642, extension 5036, or (301) 415-5036.FOR THE ATOMIC SAFETY AND LICENSING BOARD 3/RA/ E. Roy Hawkens, ChairmanADMINISTRATIVE JUDGERockville, MarylandApril 23, 2007 UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONIn the Matter of )
)AMERGEN ENERGY COMPANY, LLC )Docket No. 50-219-LR
)
)(Oyster Creek Nuclear Generating Station) )CERTIFICATE OF SERVICEI hereby certify that copies of the foregoing LB NOTICE (NOTICE OF OPPORTUNITY TOMAKE ORAL OR WRITTEN LIMITED APPEARANCE STATEMENTS) 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 20555-0001Administrative JudgeE. Roy Hawkens, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgePaul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeAnthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Mitzi A. Young, Esq.Mary C. Baty, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Richard Webster, Esq.Rutgers Environmental Law Clinic 123 Washington Street Newark, NJ 07102-5695Paul Gunter, DirectorReactor Watchdog Project Nuclear Information and Resource Service
1424 16 th Street, NW, Suite 404Washington, DC 20036Donald J. Silverman, Esq.Kathryn M. Sutton, Esq.
Alex S. Polonsky, Esq.
Morgan, Lewis, & Bockius LLP 1111 Pennsyvlania Ave., NW Washington, DC 20004 2Docket No. 50-219-LRLB NOTICE (NOTICE OF OPPORTUNITY TO MAKE ORAL OR WRITTEN LIMITED APPEARANCE STATEMENTS) Bradley M. Campbell, CommissionerNew Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402Jill Lipoti, DirectorNew Jersey Department of Environmental Protection Division of Environmental Safety and Health P.O. Box 424 Trenton, NJ 08625-0424 Ron ZakNew Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 415 Trenton, NJ 08625-0415J. Bradley Fewell, Esq.Exelon Corporation 4300 Warrenville Road Warrenville, IL 60555Suzanne LetaNJPIRG 11 N. Willow St.
Trenton, NJ 08608John 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[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the CommissionDated at Rockville, Marylandthis 23 rd day of April 2007