ML060810200
| ML060810200 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 03/09/2006 |
| From: | Covino J State of NJ, State of NJ, Dept of Law & Public Safety |
| To: | NRC/SECY/RAS |
| Byrdsong A T | |
| References | |
| 50-219-LR, ASLBP 06-844-01-LR, RAS 11384 | |
| Download: ML060810200 (13) | |
Text
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-I(I JON S. CORZINE Governor State of Ne w Jersey OFFICE OF THE ArrORNEY GENERAL DEPARTMENT OF LAw AND PUBLIC SAFETY DIVISION OF LAW 25 MARKET STREET PO Box 093 TRENTON, NJ 08625-0093 (609)984.5065 ZULIMA V. FARBER Attorney General DOCKETED USNRC March 10, 2006 (7:48am)
March 9, 2006 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Office of the Secretary ATTN: Rulemakings and Adjudications Staff United States Nuclear Regulatory Commission Washington, D.C.
20555-0001 Re:
I/M/O AMERGEN ENERGY COMPANY, LLC. (License Renewal for Oyster Creek Nuclear Generating Station)
Docket No. 50-219-L.R.
Dear Office of the Secretary:
Enclosed for filing via U.S. Postal Service and E-Mail, please find original and two copies of Notice of Motion by New Jersey Department of Environmental Protection (NJDEP) for extension of time to file appeal, together with supporting affidavit, form of proposed order and affidavit of service.
These papers have been served on all interested parties as indicated on the enclosed Certificate of Service.
Respectfully submitted, ZULIMA V. FARBER ATTORNEY GENERAL OF NEW JERSEY By: 4,4 LL John A. Covino Deputy Attorney General enclosures cc: Service List HUGIIES JUSTICE COMPLEX
- TELEPHONE: (609) 984.5065
- FAx: (609) 341.5030 New i Jersey Is An Equal Opportunity Employer
- Printed on Recycled Paper and Recyclable 7em lpfateL= -soy of l Se C y_ 09
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of:
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March 9, 2006
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AmerGen Energy Company, LLC
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Docket No. 50-219 (License Renewal for Oyster Creek Nuclear Generating Station)
NOTICE OF MOTION BY NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR EXTENSION OF TIME TO FILE APPEAL TO AND INCLUDING MARCH 28, 2006 TO:
Office of the Secretary Attn: Rulemaking and Adjudications Staff Nuclear Regulatory Commission Washington, D.C.
20555-0001 Alex S. Polansky, Esq.
Donald Silverman, Esq.
Kathryn M. Sutton, Esq.
Morgan, Lewis and Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 (Attorneys for AmerGen Energy)
Ann P. Hodgdon, Esq.
Office of General Counsel United States Nuclear Regulatory Commission One White Flint North Rockville, Maryland 20852-2738 (Commission Staff)
Richard Webster, Esq.
Rutgers Environmental Law Clinic 123 Washington Street Newark, New Jersey 07102-5695 (Attorney for Nuclear Information & Resource Service and other petitioners)
PLEASE TAKE NOTICE:
The undersigned, Zulima V. Farber, Attorney General of New Jersey, attorney for Petitioner New Jersey Department of Environmental Protection ("NJDEP"1),
by John A. Covino, Deputy Attorney General, hereby moves before the Nuclear Regulatory Commission for an Order extending the time for NJDEP to file an appeal with the Commission from the Order of the Atomic Safety and Licensing Board denying NJDEP's request for hearing and petition for leave to intervene in this matter. The extension requested is until and including March 28, 2006.
The undersigned will rely upon the affidavit of John A.
Covino filed herewith.
As that affidavit sets forth, Richard Webster, Esq., of the Rutgers Environmental Law Clinic, counsel for the Nuclear Information and Resource Service and other petitioners, has consented to this request. Ann P. Hodgdon, Esq., of Commission Staff, has declined to consent.
Despite good-faith efforts by counsel for both NJDEP and AmerGen Energy Services, the Department has not received an answer as to AmerGen's consent or lack thereof.
A proposed form of Order is submitted herewith.
ZULIMA V. FARBER ATTORNEY GENERAL OF NEW JERSEY Attor y f r NJDEP By:tv_A John A. Covino Deputy Attorney General Served Upon Service List in manner indicated thereon March 9, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
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March 9, 2006
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AmerGen Energy Company, LLC Docket No. 50-219 (License Renewal for Oyster Creek Nuclear Generating Station)
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AFFIDAVIT IN SUPPORT OF MOTION BY NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR EXTENSION OF TIME TO FILE APPEAL AND AFFIDAVIT OF GOOD-FAITH EFFORTS TO CONTACT COUNSEL.
STATE OF NEW JERSEY :
ss COUNTY OF MERCER JOHN A. COVINO, of full age, upon his oath deposes and says:
- 1.
I am a Deputy Attorney General of-the State of New Jersey.
I am a member of the Environmental Permitting and Counseling Section of the Division of Law, which is a division within the Department of Law and Public Safety.
- 2.
I am one of the attorneys assigned to represent the New Jersey Department of Environmental Protection ('NJDEP") in regard to the proceedings concerning the application of AmerGen
- Energy Company, LLC
("AmerGen") for renewal of its operating license for the Oyster Creek Nuclear Generating Station ("Oyster Creek").
- 3.
As a State agency standing in the shoes of the State of New Jersey, NJDEP filed a Request for Hearing and Petition for
Leave to Intervene with the Atomic Safety and Licensing Board
("Board")on November 14, 2005.
- 4.
The Board denied NJDEP's request for hearing and petition for leave to intervene.
The Board issued its decision by e-mail on February 27, 2006, with hard copy by regular U.S. Mail to follow.
My understanding, based upon my reading of the rules and my telephone discussion with an attorney within the Office of the Secretary, is that an appeal by NJDEP to the Nuclear Regulatory Commission ("Commission") from the Board's Order would need to be filed, with accompanying brief, by March 14, 2006.
- 5. NJDEP intends to file an appeal of the Board's Order with the Commission.
This affidavit is submitted in support of a motion by NJDEP for a two-week extension, until and including March 28, 2006, of the time in which to file its appeal and accompanying brief.
- 6.
The issues NJDEP has raised in its request for hearing and petition for leave to intervene are of vital and paramount interest to the State of New Jersey as part of its duty of protecting the public health, safety and environment.
The issues which NJDEP has raised reflect that paramount interest.
Among the issues NJDEP has alleged are deficiencies in AmerGen's severe accident mitigation analysis, including vulnerability of Oyster Creek to aircraft attacks, such as terrorist attacks. NJDEP will demonstrate that specific terrorist threats referring to Oyster Creek combine with the site-specific design, location and
surrounding metropolitan area population to distinguish Oyster Creek as an exceptional facility which reasonably requires analysis of these deficiencies.
The State has a strong interest in having its concerns on those issues, and the other issues NJDEP has raised, addressed within the relicensing proceeding so that they will be satisfactorily resolved before AmerGen is granted permission to continue to operate Oyster Creek for another 20 years.
- 7. The issues are complex as well as vitally important to the State. NJDEP believes that the complexity of the issues and paramount public interest present extraordinary reasons and ample good cause to meet the standard for the Commission's granting an extension, especially given the fact that both the NJDEP and the Environmental Permitting and Counseling Section of the Division of Law have limited resources and are of course responsible for handling numerous important matters simultaneously with this one.
- 8. Based on the above, NJDEP requests that the time for filing its appeal and accompanying brief be extended to, and including, March 28, 2006.
- 9. The following constitutes my certification of good-faith efforts to contact counsel concerning the obtaining of consent for this motion, as required by the Commission's Rules:
A.
I contacted Richard Webster, Esq., of the Rutgers Environmental Law Clinic, attorney for Petitioners Nuclear Information and Resource Service and other groups, on March 16,
2006 by telephone and Mr. Webster consented to this motion on behalf of his clients.
B.
Based on my understanding, Deputy Attorney General ("DAG") Valerie Gray placed a call on the afternoon of March 7, 2006, to Alex S. Polonsky, Esq., of Morgan, Lewis and Bockius, LLP, representing AmerGen and asked for consent to this motion for extension.
According to DAG Gray, Mr.
Polonsky indicated he would speak to his client and call back.
I have personal knowledge that I e-mailed Mr. Polonsky to the same effect at about 5:58 pm on March 8, 2006. Mr. Polonsky replied by e-mail at about 6:38 pm that same day, stating that he had forwarded my request to his client and that he would contact me as soon as he received word from his client.
I saw Mr. Polonsky's reply when I arrived at the office at about 8:20 this morning.
Mr. Polonsky called me at about 10:30 am today with essentially the same message.
I have not heard anything further from Mr. Polonsky.
C. I spoke with Ann P. Hodgdon, Esq., of the Commission Staff by telephone on March 8, 2006.
Ms. Hodgdon said that NRC Staff could not consent to this motion.
John A. Covino Sworn to and subscribed before me this 9 th day of March, 2006 Ellen B. Balint An Attorney-At-Law of New Jersey
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
AmerGen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station)
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March 9, 2006 Docket No. 50-219 ORDER GRANTING EXTENSION OF TIME TO FILE APPEAL Having considered the New Jersey Department of Environmental Protection's-Motion for an extension of time to file appeal and all papers filed in this matter, and for GOOD CAUSE SHOWN, IT IS on this day of March, 2006, ORDERED that the time for the filing of New Jersey Department of Environmental Protection's Notice of Appeal and accompanying brief be extended to and including March 28, 2006.
For the Commission Dated at this day of March, 2006.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of:
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March 9, 2006 AMERGEN ENERGY COMPANY, LLC Docket No. 50-219-L.R.
(License Renewal for Oyster Creek Nuclear Generating Station CERTIFICATE OF SERVICE I hereby certify that the Notice of Motion by Petitioner, New Jersey Department of Environmental Protection, for Extension. of Time to File Appeal and the supporting Affidavit of John A. Covino, Deputy Attorney General, were sent on this 9th day of March, 2006, by e-mail and, where designated, also by U.S. Postal Service to each of the following:
Secretary of the Commission:
Form of Service: E-Mail & original and two copies via U.S.P.S.
Mailing Address:
Office of the Secretary ATTN. Rulemakings and Adjudications Staff United States Nuclear Regulatory Commission Washington, D.C.
20555-0001 E-Mail Address: HEARINGDOCKET@NRC.GOV Service List I/M1O AmerGen Energy, Dkt. #50-0219 Page 2 of 6 Judicial Law Clerk:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
Ms. Debra A. Wolf Atomic Safety and Licensing Board Panel Mail Stop -
T-3 F23 United States Nuclear Regulatory Commission Washington, D.C.
20555-0001 E-Mail Address: DAWl@nrc.gov
Service List - I/M/O AmerGen Energy, Dkt. #50-0219 Page 3 of 6 Office of Commission ADPellate Adiudication:.
Form of Service: E-Mail and U.S. Postal Service (one copy)
Office of Commission Appellate Adjudication United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail Address: HRB~nrc.qov Office of General Counsel, NRC:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
Office of General Counsel United States Nuclear Regulatory Commission One White Flint North Rockville, Maryland 20852-2738 E-Mail Address: OGCMAILCENTER@NRC.GOV Mailina Address:
Daniel Hugo Fruchter, Esq.
Office of General Counsel United States Nuclear Regulatory Commission One White Flint North Rockville, Maryland 20852-2738 E-Mail Address: dhf@nrc.gov Mailing Address:
Ann P. Hodgdon, Esq.
Office of General Counsel United States Nuclear Regulatory Commission One White Flint North Rockville, Maryland 20852-2738 E-Mail Address: aph@nrc.gov For Ameraen Enervy:
Form of Service: E-Mail and U.S. Postal Service (one copy)
I Service List I/MIO AmerGen Energy, Dkt:. #50-0219 Page 4 of 6
Mailing Address:
Alex S. Polonsky, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-Mail Address: apolonskv@morganlewis.com Mailina Address:
Kathryn M. Sutton, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-Mail Address: ksutton@morganlewis.com Mailina Address:
Donald Silverman, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-Mail Address: dsilverman@morganlewis.com For Exelon Corp:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
J. Bradley Fewell, Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 E-Mail Address: bradley.fewell@exeloncorp.com For Nuclear Information and Resource Service; Jersey Shore Nuclear Watch; Grandmothers, Mothers and More for Energy Safety; New Jersey Public Interest Group; New Jersey Sierra Club and New Jersey Environmental Foundation:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Service List
/IM/0 AmerGen Energy, Dkt. #50-0219 Page 5 of 6 Mailing Address:
Richard Webster, Esq.
Rutgers Environmental Law Clinic 123 Washington Street Newark, New Jersey 07102-5695 E-Mail Address: rwebster@kinoy.rutgers.edu For Nuclear Information and Resource Service:
Form of Service: E-mail and U.S. Postal Service (one copy)
Mailing Address:
Paul Gunter Nuclear Information and Resource Service 1424 1 6th Street, NW Suite 204 Washington, DC 20036 E-Mail Address: paunter@nirs.org For Jersey Shore Nuclear Watch:
Form of Service: E-Mail Only Mailing Address:
Ms. Edith Gbur Jersey Shore Nuclear Watch, Inc.
364 Costa Mesa Drive Toms River, New Jersey 08757 E-Mail Address: qburl@comcast.net For GRAMMIES:
Form of Service: E-Mail Only Mailina Address:
Paula Gotsch GRAMMIES 205 Sixth Avenue Normandy Beach, New Jersey 08723 E-Mail Address: Paulaqotsch@verizon.net
,i Service List I/MK/
AmerGen Energy, Dkt. #50-0219 Page 6 of 6 For NJ Sierra Club:
Form of Service: E-Mail Only Mailing Address:
Kelly McNicholas New Jersey Sierra Club 139 West Hanover Street Trenton, New Jersey 08618 E-Mail Address: Kelly.McNicholas@sierraclub.org For NJ PIRG:
Form of Service: E-Mail Only Mailing Address:
Suzanne Leta New Jersey Public Interest Research Group 11 North Willow Street Trenton, New Jersey 08608 E-Mail Address: Sleta@nlpirg.org For NJ Environmental Foundation:
Form of Service: E-Mail Only Mailing Address:
Peggy Sturmfels New Jersey Environmental Foundation 1002 Ocean Avenue Belmar, New Jersey 07319 E-Mail Address: psturmfels@cleanwater.org Ao n A. Covino, D.A.G.
March 9, 2006