ML060400050

Czma MOU Between Amergen and NJDEP

ML060400050
Person / Time
Site:	Oyster Creek
Issue date:	09/19/2005
From:	Labissonniere J, Mauriello M AmerGen Energy Co, State of NJ, Dept of Environmental Protection, US Dept of Commerce, National Oceanographic and Atmospheric Administration
To:	Office of Nuclear Reactor Regulation
References
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Download: ML060400050 (5)

Text

A MEMORANDUM OF tWDERSTANDING BETWEEN THE NEW RSEY DEPARTMEN OF NNV'IRONMENTAL PROTECTION, AND AMERGN ENERGY COMPANY LLC REGARDING THE COASTAL ZONE MANAGEMENT ACT REVLEW FOR RENEWING THE OPERATLNG LICENSE FOR THE OYSTER CREEK NUCLEAR GENTERAING STATION PURPOSE The New Jersey Deparment ofEnvironmental Protection (NJDEP), and AmerGen Energy Company LLC (AmnerGen) (collectively, the parties)hereby enter into dtis-memorandum of understanding (MOT) concernimg an Alieation fild with the Nulear Regulatory Commiission (NrC)by AmerGen, seekig to renew the operating license for its Qystcr Creek Nucear Generating Station located within the coastal zone of the State of.New Jersey.

STATEMENT OF. FACTS The partnes agree to the foblowing facts:

1, On January 2.1, 2005,,AmerGea oubmitte to NJIDEP a consistcncy certification under the Coastal ZmQe ManageenttAct:(CZA Wderal consistencyprovision (16 U.SC. § 1456(c)(3)XA)) and N4ational Oceanic and Atmospheric Administration's (NOAA's) regulations (15 C.F.-R. part 930, subpart: D);

2. On August 19, 2005, NJI)EP objected to AmerGen's CZMIA consistency certification based upon a lack of information. AmerGen must file its notice of appeal of NJDEP's August 19, 2005, objection with the Secretary by September 19, 2005:

3. Pursuant to the recently enacted Energy P-olity Act of 2005 (Pub. L, No. 109-58), the Secretaryof Commerce (Secretary) must use NRCs and NIDEP's decision records as the initial record to decide AmerGen's CZMA appeal. At the prsent time NRC is inthe initial stages ofreviewing AmerGen's application to renew its operating license, and will be gathering additional technical and environmental information as part of its review that will be included as part of the record of its decision,

4. Under 15 C.FR, § 930,51(f), federal consistency applies only to active applications.

AmerGen filed its consistency certification six imonths before filing its application to renew its operating license with NRC on July 22, 2005; and Page l of3

OU-41 i.

Under 16 U.S.C. §1 456(c3)(A and1 5 G.F.R. 930-57(4 an appintprwides in the application to the federalic i agencyaa consitny Crication. This does not require the applicant to provide a consistency crtifatn

• the time the appliion is submi; rather, theapican (in :this ease Ame4eiCprovides the cosistency certifctio-n when thte-applicant has the necessary data and. infonttionrequire by the CZLMA and NOAA's regulations and at anappropriate tme during the fderal licensing agency's process (in this case NRC's process).

AGREEMENTS Based upon the above statement of facts, the parties agree to the ollowing 1 AmerGen hereby vithdraws its consistenmy certification, dated January 21, 2005, from NJDEPIs consideratiton

2. NJEP hereby withdraws its consistencyi'*jetiomi dated August 19,2005. NJDEP believes it will need the infornation described inrINDEP's Augu:t 1t9objectionletter, to respond to any cons kteney certificaton resubmitted by Amr.er(Gn under paragraphi 3, below, AinerGen expresses no opinionregd NJDP'snieed tor the infiorm tien;

3. AmerGen shall resubmit to NIbEP its CZMA eodsistedey ce tificatioftand necessary data and intimation, pursuant to 15 CF.R. part 930, subpart1D, at an atopte tie during t NRC's review process;

4. Once N:JDT2WP receives ArnerGen's consistency certification and necessaiy data and information wider paragraph 3 pursuant to L6 U.SC. § 1456(c)(3)XA) and 15 CF.R. part 930, subpart , NJDEPs six-month review period shall begin;

5. If NJDEP objects to AmerGen's resubmitied consistency certification, ArnerGen may file an appeal with the Secretawy Within the time ftames established by NOAA's CZM4A regulations;

6. The CZMA review prompted by AmerGen's consisteney certification dated January 21.

2005, is hereby suprseded by any subsequent revie that shalI occur once AmerGen resubmits its consistency ce fucation as envisioned in paragraph 3. NJDEP and AmerGen shall retain all rights under the CIMA relative to this skbsequent consistency certification; and 7 This MOU may be executed in colntcrparts.

Page 2 of 3

SIGNATURS FolkIMQ .BETWUN NJDEE AMD -AJAERGEN REGARUMNG THE CZA EVIEW OR 1ENEWIG:THE OPEATING LICENSE FOR THE OY R CREEK NCEAR GENEFATG ST$ATJON For NJDEP Date mark Mauriello Director, Land Use Regulation Progarr FornAmicren Date Pam rCowan Director, Licensing and Regulatory Affirs AmerGen Energy Corpany LLC STATEMENT BY NA.M While NOAA is not: a party to this MOU. it has no objetions to its terms. Since both AmerGen's consistency certification and NIJDEP's objection have been.

withdrawn, that proceeding has terminated. Ifa new consistency certification is submitted by AmerGcn andNID.EP issues an objecion, the CZMA a&d NOAA regulations would allow AnerGen to file an appeal.with the Secretary in that new proceeding, irnere I)Date Assistati General Cowisel NOAA Office of General Council for Ocean Services Page 3 of3

SIGNATURES FOR MOU BETWEEN NJDEP AND AMERGEN REGARDING THE CZMA REVIEW FOR RENEWING TH:E OPERATING LICENSE FOR THE OYSTER CREEK NUCLEAR GENERATING STATION For NJDEP De/

Mark Mauriello Director, Land Use Regulation Program For AmerGen Date Pam Cowan Director, Licensing and Regulatory Affairs AmerGen Energy Company LLC STATEMENT BY NOAA:

While NOAA is not a party to this MOU, it has no objections to its terms. Since both AmerGen's consistency certification and NJDEP's objection have been withdrawn, that proceeding has terminated. If a new consistency certification is submitted by AmerGen, and NJDEP issues an objection, the CZMA and NOAA regulations would allow AmerGen to file an appeal with the Secretary in that new proceeding.

Joel La Bissonniere Date Assistant General Counsel NOAA Office of General Council for Ocean Services Page 3 of 3

11:43:20a.m. 09-10-2005 414 6107655807 SIGNATURES FOR MOU BETWEEN NJDEP AND AMERGEN REGARDING THE CZMA REVIEW FOR RENEWING THE OPERATING LICENSE FOR THE OYSTER CREEK NUCLEAR GENERATING STATION For NIDEP Date Mark Mauriello Director, Land Use Regulation Program

_ __ - - 9/l 9/05 For AmerGen Date Pam Cowan Director, Licensing and Regulatory Affairs AmerGen Energy Company LLC STATEMENT BY NOAA While NOAA is not a party to this MOU, it has no objections to its lem.s. Since both Amrcren's consistency certification and NJDEP's objection have been withdrawn, that proceeding leas terminated. If a new consistency certification is submitted by AmerGen, and NJDEP issues an objection, the CZMA and NOAA regulations would allow AmerGen to file an appeal with the Secretary in that new proceeding R O Bsomviere Date Assistant General Counsel NOAA Office of General Council for Ocean Services Page 3 of 3