ML090140363
| ML090140363 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 01/09/2009 |
| From: | Baty M C NRC/OGC |
| To: | Webster R Eastern Environmental Law Ctr |
| References | |
| Download: ML090140363 (1) | |
Text
From:Mary BatySent:Friday, January 09, 2009 5:07 PM To:Richard Webster Cc:Arvin Ganeson; mary.mcdnoonan@mail.house.gov; Janet Tauro; Julia
LeMense
Subject:
RE: Oyster Creek Exit meeting closed to the public Mr. Webster I understand that yesterday afternoon you contacted NRC Region I staff asking about the
timing of exit the meeting and the inspection report. The Region I
staff member explained to you
that an exit meeting between NRC Staff and Oyster Creek representatives
occurred on
December 23, 2008, and that the inspection report will be issued no
later than February 6, 2009.
The NRC staff member explained to you that the inspection exit meeting
was conducted in
accordance with established Commission procedures. In addition, NRC
Regional I Counsel has
explained and discussed the Commission's policy on public meetings with
you in the past. Your
correspondence with Region I Counsel is available in ADAMS at
ML070600505 and
There was no decision to close the exit meeting from the public.
Rather, the meeting
was conducted in accordance with established policy in Management
Directive 3.5, which
provides that routine inspection exit meetings are not open to the
public except "in significant
cases of high public interest" as determined by the Regional
Administrator or Office Director in
consultation with Director of the Office of Public Affairs.
I further understand from the Region I staff member that you intend to file a FOIA
request for documents related to the exit meeting. Upon receipt, the
NRC will process your
request consistent with its FOIA procedures. The ADAMS Accession number
for MD 3.5 is
Finally, your e-mail speculates that the Staff has failed to inform the Commission of
information that is relevant and material to your pending petition for
Commission review of the
Licensing Board decision on Citizens challenge to Oyster Creek's aging
management program
for the drywell shell. If you or the state of New Jersey is aware of
new and significant
information that is relevant and material to Citizens' pending petition
for review, you or the state
should prepare and serve a Commission notification on the parties.
However, Board or
Commission notifications are not an opportunity to present merit
arguments on a litigated
contention. See CLI-08-28, 68 NRC __, __ (slip op. at 25-26 n.74) ADAMS
Accession No.
ML083110766 (Nov. 6, 2008).
Original Message-----
From: Richard Webster [1]
Sent: Friday, January 09, 2009 10:33 AM
To: Mary Baty
Cc: Arvin Ganeson; mary.mcdnoonan@mail.house.gov; Janet Tauro; Julia
LeMense
Subject:
Oyster Creek Exit meeting closed to the public Ms. Baty, If you are providing legal advice to Region 1 regarding the last inspection at Oyster Creek, please respond to my query below.
Otherwise, please pass along my query to the attorney who is handling
this matter.
I found out yesterday that the exit meeting that discussed the October 2008 inspection at Oyster Creek was held on December 23, 2008 and was
designated a non-
public meeting. My clients therefore had no opportunity to attend, despite their longstanding
interest in the issues identified during the inspection. Please provide
the legal and policy reasons
that this meeting was not open to the public. Please also let us know
who within the NRC Staff
was responsible for the decision to close the meeting. On the face of
it, this decision seems to
fly in the face of the Commission's general policies on transparency and
specific calls from both
Senator Lautenberg and Congressman Smith for more openness regarding NRC
oversight of
Oyster Creek.
Finally, I believe it is entirely possible that matters that we discussed at the exit meeting could be
material to relicensing.
Please advise whether the Staff has decided if the matters that were
discussed at the exit
meeting are material to relicensing and has notified the Commission of
such issues. If not, please let me know if the Staff has decided that the matters discussed
at the meeting are not
material to relicensing or if the Staff intends to notify the Commission
at some point in the future.
I look forward to your prompt response.
Richard Webster Legal Director
Eastern Environmental Law Center
744 Broad Street, Suite 1525
Newark NJ, 07102
Tel. 973 424 1166
Fax. 973 710 4653 rwebster@easternenvironmental.org E-mail Properties Mail Envelope Properties ()
Subject:
RE: Oyster Creek Exit meeting closed to the publicSent Date:1/9/2009 4:49:25 PM Received Date:1/9/2009 5:07:00 PM From:Mary BatyCreated By: Mary.Baty@nrc.gov
Recipients:
rwebster@easternenvironmental.org (Richard Webster)
Tracking Status: None Arvin_Ganesan@lautenberg.senate.gov (Arvin Ganeson)
Tracking Status: None mary.mcdnoonan@mail.house.gov (mary.mcdnoonan@mail.house.gov)
Tracking Status: None jtauro@comcast.net (Janet Tauro)
Tracking Status: None jlemense@easternenvironmental.org (Julia LeMense)
Tracking Status: None Post Office:FilesSizeDate & TimeMESSAGE90871/9/2009 Options Expiration Date:
Priority:olImportanceNormal ReplyRequested:False Return Notification:False Sensitivity: olNormal Recipients received: