State Environmental Protection Commissioner Bob Martin Tuesday expressed disappointment with Exelon Nuclear's response to a state order requiring the company to take more proactive steps to protect the public from a 2009 leak of radioactive tritium into drinking water beneath the Oyster Creek nuclear plant in Lacey, Ocean County.

A letter issued Friday by Exelon downplays the DEP's concerns about the issue and contends the DEP order created public alarm, while also suggesting the DEP does not have authority over issues at Oyster Creek.

"Exelon needs to stop making legal arguments about this issue and spend its time ensuring that tritium does not further contaminate New Jersey's drinking water supply,'' Martin said. "The DEP is in charge of protecting drinking water in the state of New Jersey. Anything that would endanger a New Jersey aquifer is of great concern to us and demands an aggressive DEP response.

Richard Webster of the Eastern Environmental Law Clinic said, "DEP is fully justified in asserting state jurisdiction over radiation releases that NRC has claimed do not present nuclear safety issue. Because the NRC has said that these releases did not violate its regulations, DEP is the last line of defense for local residents and their drinking water. Good for DEP for not being kow-towed by bogus legal claims that it cannot protect the New jersey's water from pollution."

"Exelon appears more interested in cover up than clean up at Oyster Creek,'' David Pringle of the New Jersey Environmental Federation said. "Rather than hiding behind legalese and public relations, they should follow the advice that every 3 year old knows: 'you make the mess, you clean it up.'"

To see a copy of the Exelon letter to DEP, click here: http://www.nj.gov/dep/rpp/bne/bnedown/oc_exelon20100514.pdf