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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
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SECRETARY UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 205560001 The Honorable Michael J. Panter Assemblyman, 12th District 167 Avenue of the Common Suite 7 Shrewsbury, NJ 07702 October 6, '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 Assemblyman Panter: I am responding to your letter to Chairman Dale E. Klein, dated September 15, 2006, in which you urge the Commission to consider terrorism vulnerability as part of the safety review for the license renewal application for the Oyster Creek Nuclear Generating Station. Currently, there is a proceeding before an Atomic Safety and Licensing Board with respect to the license renewal application for the Oyster Creek plant. 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 all members of the Commission must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission, and that it would be inappropriate for any of them to discuss or comment on issues involved in this matter.
A copy of your letter and this response will be placed on the Oyster Creek hearing docket and served on the parties to the proceeding.
Sincerely, &~L=w Annette L. Vietti-Cook cc: Service List NEW JERSEY GENERAL ASSEMBLY LEGISLATIVE OFFICE 167 AVENUE OF THE COhilvlON UNIT 7 SHRE\b7Si3URY, NJ 07702 PHONE. (732) 54-1-2116 PHONE (609) 115-1190 FAX (537) 544-4016 E-nia~l: AsrnPanterQnjleg org September 15, 3006 MICHAEL J. PANTER ASSEMBLYMAN FINANCIACINSURANCE VICE CHAIR Dale E. Mein. Ph.D. Chairman U.S. Nuclear Regulatory Commission Washington, DC 20555-6001 VI.4 FAX Ah9 MAIL Dear Chail-man Klein: It was disheartening and distressing to learn that the Nuclear Regulatory Cornnlission has decided to take a wait-and-see approach on the issue of whether to include terrorism
\wlnerability as part of the special safety review with respect to the proposed license renewal of the Oyster Creek nuclear power generating facility in New Jersey. Oyster Creek is the nation's oldest operating nuclear power facility and the main concern su~~ounding its relicensing, by environmentalists and experts alike, comes from its spent fuel rod pool, \fshich sits outside the plant's reactor containment system. The 40 foot deep pool contains nearly 375 tons of spent, radioactive fuel rods and has a profile 100 feet above gl-nmd. The structure around it has a corrugated metal roof instead of the more traditional reinforced concrete dome.
I sincerely doubt AmeriGen's and pour cornmission's contention that the structure could withstand a terrorist attack via airplane. Likewise. the National Academy of Sciences disagrees so strongly with your commission's stance that they published a paper in 2005 ~.arning that a partially or completely successful terrorist attack on the spent fuel pool by plar,e could be capable of starting a high-temperature fire which could release large quantities of radioactive material into the surrounding area. During a tour last year, I stood on the top floor of the building where Oyster Creek stores spent fuel rods. and surveyed first-hand the roof and u.alls that your commission certified able to withstand a direct terrorist attack by plane. I a!so had the terrible experience of being in lower Manhattan when the ten-oi-ist attacks occurred on September 11, 2001. My first-hand experiences lead me to believe that even a small plane could threaten the facility.
Such an event could potentially release radioactive material into the cominunity around the plant, a community that has grown by leaps and bounds since Oyster Creek first opened 37 years ago. It is the NRC's position that terror threats are regularly evaluated through "force-on-force" exercises and inspections.
However, I see no compelling reason why these exercises and inspections can't be added to the re-licensing review process. Instead of waiting for the Supreme Court to decide questions related to the inclusion of terrorism threats in nuclear reactor safety reviews, the PU'RC should assert itself in a maliner that provides maximum protection for residents in the Oyster Creek area. As one of your own commissioners, Gregory B. Jaczko, argued in his dissenting opinion regarding Oyster Creek: "This particular case presents a timely opportunity for the commission to resolve these matters, providing clarity and certainty for the potential increase in licensing reviews the conzmission may conduct in the next few years." Another terrorist attack on U.S. soil is not "remote and speculative," as the NRC has stated. It is a very real danger that we live with every day.
If there is even the specter of a chance that relicensing Oyster Creek could create a ripe target for a terrorist attack, that chance must be evaluated as part of the relicensing process. The people of New Jersey deserve - and should expect - no less. Sincerely, Mike Panter New Jersey General Assembly 1 2th Legislative District 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 MICHAEL J. PANTER RESPONDING TO HIS 09/15/06 (ALSO ENCLOSED)
URGING THE COMMISSION TO CONSIDER TERRORISM VULNERABILITY AS PART OF ITS SAFETY REVIEW FOR LICENSE RENEWAL APPLICATION FOR OYSTER CREEK 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 Office of the General Counsel 123 Washington Street Mail Stop 1 5 D21 Newark, NJ 071 02-5695 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Docket No. 50-21 9-LR LETTER FROM ANNETTE L. VIETTI-COOK TO MICHAEL J. PANTER RESPONDING TO HIS 09/15/06 (ALSO ENCLOSED) URGING THE COMMISSION TO CONSIDER TERRORISM VULNERABILITY AS PART OF ITS SAFETY REVIEW FOR LICENSE RENEWAL APPLICATION FOR OYSTER CREEK Paul Gunter, Director Reactor Watchdog Project Nuclear Information and Resource Service 1424 16" Street, NW, Suite 404 Washington, DC 20036 Bradley M. Campbell, Commissioner New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402 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 Donald J. Silverman, Esq. Kathryn M. Sutton, Esq.
Alex S. Polonsky, Esq. Morgan, Lewis, & Bockius LLP 11 11 Pennsyvlania Ave., NW Washington, DC 20004 Jill Lipoti, Director New Jersey Department of Environmental Protection Division of Environmental Safety and Health P.O. Box 424 Trenton, NJ 08625-0424 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 Office of the&ecretary 6f the cot-rjhission Dated at Rockville, Maryland this 16" day of October 2006