ML072640563

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Consolidated Record for Amergen Energy Company, LLC Appeal of an Objection by State of New Jersey, Department of Environmental Protection, to a CZMA Consistency Determination, Related to Oyster Creek Generating Station License Renewal Appli
ML072640563
Person / Time
Site: Oyster Creek
Issue date: 09/18/2007
From: Gallagher M
AmerGen Energy Co, Exelon Corp
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
2130-06-20425, 2130-07-20506, TAC MC7624
Download: ML072640563 (8)


Text

AmerGen Michael P. GallagheT, PE Telephone 610.765.5958 An Exelon Company Vice President www.exeloncorp.coni 10 CFR 50 License Renewal Projects rnichaelp.gallagher@exeloncorp.comn 10 CFR 51 AmerGen 10 CFR 54 2oo Exelon Way KSA/2-E Kennett Square, PA 19348 2130-07-20506 September 18, 2007 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Oyster Creek Generating Station Facility Operating License No. DPR-16 NRC Docket No. 50-219

Subject:

Consolidated Record for AmerGen Energy Company, LLC Appeal of an Objection by the State of New Jersey, Department of Environmental Protection, to a Coastal Zone Management Act (CZMA) Consistency Determination, Related to Oyster Creek Generating Station License Renewal Application (TAC No. MC7624)

References:

1. AmerGen Letter 2130-06-20425 dated December 1, 2006, "Federal Consistency Certification for Oyster Creek Generating Station License Renewal Application"
2. State of New Jersey Department of Environmental Protection Letter dated May 31, 2007, "Federal Consistency Request for License Renewal of AmerGen's Oyster Creek Nuclear Generating Station"
3. AmerGen Letter 2130-07-20505 dated August 21, 2007, "Consolidated Record for AmerGen Energy Company, LLC Appeal of an Objection by the State of New Jersey, Department of Environmental Protection, to a Coastal Zone Management Act (CZMA) Consistency Determination, Related to Oyster Creek Generating Station License Renewal Application (TAC No. MC7624)"

In Reference 1, AmerGen Energy Company, LLC ("AmerGen") submitted its certification to the U.S. Nuclear Regulatory Commission ("NRC") and the New Jersey Department of Environmental Protection ("NJDEP") that (1) the proposed renewal of the NRC operating license for the Oyster Creek Nuclear Generating Station ("OCNGS") would comply with enforceable policies of the New Jersey Coastal Management Program and (2) the continued A/ 14-

AmerGen Letter 2130-07-20506 September 18, 2007 Page 2 of 2 operation of the OCNGS would be conducted in a manner consistent with that Program. On May 31, 2007, pursuant to Section 307 of the Coastal Zone Management Act (CZMA), the NJDEP filed its objection to AmerGen's consistency certification for OCNGS (Reference 2).

AmerGen intends to appeal NJDEP's objection with the Secretary of the U.S. Department of Commerce. Accordingly, on August 21, 2007, AmerGen submitted certain documents to the NRC (Reference 3) for inclusion in the consolidated record defined in 15 CFR 930.123(d).

Supporting documents submitted to the State of New Jersey with Reference 1 were not included.

Enclosed, please find hard copies of documents submitted by AmerGen to the State of New Jersey with Reference 1 that have not already been designated by the NRC as part of the consolidated record. Also enclosed is an index of such documents. AmerGen requests that these documents be included in the consolidated record.

If you have any questions, please contact me at 610-765-5958.

Respectfully, Michael P. Gallagher Vice President, License Renewal AmerGen Energy Company, LLC

Enclosures:

(1) Hard copies of 65 documents for Consolidated Record (2) Index of Enclosed Documents cc:

Jennifer Davis, USNRC Division of License Renewal, with Enclosures Mary Baty, USNRC Office of General Counsel, w/o Enclosure 1 Regional Administrator, USNRC Region 1, w/o Enclosure 1 USNRC Director, License Renewal Division, w/o Enclosure 1 USNRC Project Manager, NRR - License Renewal, Safety, w/o Enclosure 1 USNRC Project Manager, NRR - License Renewal, Environmental, w/o Enclosure 1 USNRC Project Manager, NRR - Project Manager, OCGS, w/o Enclosure (1)

USNRC Senior Resident Inspector, OCGS, w/o Enclosure (1)

Bureau of Nuclear Engineering, NJDEP, w/o Enclosure (1)

File No. 05040

2130-07-20506 INDEX OF DOCUMENTS SUBMITTED BY AMERGEN FOR INCLUSION IN THE U.S. NUCLEAR REGULATORY COMMISSION'S CONSOLIDATED RECORD REGARDING THE CZMA CONSISTENCY DETERMINATION FOR THE OYSTER CREEK NUCLEAR GENERATING STATION: Support Documents for AmerGen's Certification of CZMA Consistency, dated 12/01/2006 DESCRIPTION DATE NUMBER OF PAGES 1

Comment of Regina I. Birchler on AmerGen's CZMA Consistency January 29, Certification, filed at the New Jersey Office of the Governor 2007 1

2 Comment of Fish Hawks Salt Water Anglers Club on AmerGen's CZMA Consistency Certification, filed at the NJ Dept of Environmental March 15, Protection 2007 17 3

Comment of National Resource Education Foundation of New Jersey on AmerGen's CZMA Consistency Certification, filed at the NJ Dept of March 22, Environmental Protection 2007 4

4 Comment of New Jersey Business & Industry Association on AmerGen's CZMA Consistency Certification, filed at the NJ Dept of March 21, Environmental Protection 2007 2

5 Comment of New Jersey State League of Municipalities on AmerGen's CZMA Consistency Certification, filed at the NJ Dept of Environmental March 22, Protection 2007 1-6 Comment of Pinelands Preservation Alliance on AmerGen's CZMA Consistency Certification filed at the NJ Dept of Environmental March 22, Protection, filed at the NJ Dept of Environmental Protection 2007 1

7 Comment of various stakeholder groups on AmerGen's CZMA Consistency Certification, filed at the NJ Dept of Environmental Protection by Julia LeMense Huff, Esq. of Rutgers Environmental Law March 5, Clinic 2007 15 8

Comments of Clean Ocean Action et al. on AmerGen's CZMA Consistency Certification, filed at the NJ Dept of Environmental March 23, Protection 2007 26 9

Comment of William S. Blazowski on AmerGen's CZMA Consistency March 14, Certification filed,at the NJ Dept of Environmental Protection 2007 1

10 Jersey Central Power & Light Company, Oyster Creek Nuclear November Generating Station Environmental Report, Amendment 2 17, 1972 720 11 Rutgers. 2006. Barnegat Bay - Little Egg Harbor Submerged Aquatic Vegetation Mapping. Available at http://deathstar.ritgers.edu/projects/runij/sav/index.htm. Accessed June 6, 2006 2006 25 September 17, 2007 I

2130-07-20506 DESCRIPTION DATE NUMBER OF PAGES 12 New Jersey Division of Fish & Wildlife. 2006. New Jersey Landscape Project Map Book, Map 64. Available at http://www.ni.gov/dep/fgw/ensp/pdf/rnapbook/64.pdf. Accessed September 7, 2006.

2006 2

13 Jersey Central Power & Light Co. Boundary Map of Former Finninger May 14, Farm.

1982 2

14 National Cooperative Soil Survey. 1995. Non-Irrigated Capability Class Rating for Ocean County New Jersey. National Resource Conservation Service, U.S. Department of Agriculture. Available at http://websoilsurvey.nrcs.usda.gov. Accessed July 27, 2006.

1995 13 15 TtNUS. 2006. Analysis of Current and Historic Fish Data for the Purpose of Determining Similarity of Species Composition and Numbers of Fish November Impinged and Entrained at OCGS, 1975 - 1985 and 2005 - 2006.

22, 2006 400 16 Jersey Central Power and Light Company. 1978. Oyster Creek and Forked River Nuclear Generating Stations 316(a) and (b) Demonstration.

1978 6070 17 New Jersey Department of Environmental Protection. 2004. CAFRA Boundary Line. Available at http://www.state.ni.us/dep/landuse/cafriamap.html. Accessed July 18, 2006.

2004 7

18 U.S. Fish and Wildlife Service, 1963. Distribution of Shellfish Resources in Relation to the New Jersey Intercoastal Waterway -- Manasquan Inlet January to Little Egg Harbor. Boston, MA. January.

1963 3

19 Joseph, J. W. 1986. Inventory of New Jersey's Estuarine Shellfish Resources. U.S. Department of Commerce National Oceanic and Atmospheric Administration National Marine Fisheries Service.

December December 12.

12, 1986 141 20 Anonymous. 2003. PowerPoint presentation available at http://serendip.bryninawr.edLL/local/scisoc/environment/seniorsemO3/Pin elands.pdf. Accessed July 25, 2006.

2003 34 21 State of New Jersey Permit No. 1512-93-0052.3,.4. and.5. Permit to February 4, dredge.

1997 7

22 Department of the Army, Corps of Engineers, Permit Number CENAP-September OP-R-199701765-39.

30, 1997 3

23 Joseph, J. W. 1987. Inventory of New Jersey's Estuarine Shellfish Resources. U.S. Department of Commerce National Oceanic and Atmospheric Administration National Marine Fisheries Service. Project December No. 3-405-R.

9, 1987 81 24 Celestino, M.P. 2003. Shellfish Stock Assessment of Little Egg Harbor May 15, Bay. New Jersey Department of Environmental Protection.

1987 41 25 FEMA Floodzone Map for Lacey Township, Ocean County, NJ.

July 25, Provided by Birdsall Engineering, Inc.

2005 1

September 17, 2007 2

2130-07-20506 DESCRIPTION DATE NUMBER OF PAGES 26 AmerGen. AmerGen/Exelon Sponsors Artificial Reef Installation in Bamegat Bay. Available at http://www.oystercreeklr.coii/2006-06-13 June 13, Artificial Reef Press Release.pdf. Accessed August 1, 2006.

2006 1

27 Kinsey. 1979. Letter, Kinsey (New Jersey Department of Environmental Protection) to Finfrock (Jersey Central Power & Light Company).

October 22, NPDES Permit Renewal Application No. NJ0005550.

1979 2

28 AmerGen. 2004. Oyster Creek Generating Station; Clean, Safe, Reliable.

February. Available at http://www.oystercreeklr.com/OCLR%20-

%20Info%20Binder%20-%2OTab%2003 %20-

%20Economic%20Benefits%20Study%20Summary.pdf. Accessed July February 28, 2006.

2004 10 29 INTENTIONALLY OMITTED 0

30 Moore, K. 2006. "Nitrogen Level Feeds Growth of Threats to Ecosystem," Asbury Park Press, July 1. Available at http://savebamegatbay.org/news_194.shtml. Accessed on July 22, 2006.

July 1, 2006 3

31 INTENTIONALLY OMITTED 0

32 INTENTIONALLY OMITTED 0

33 National Academy of Engineering, 2006. Greatest Engineering Achievements of the 2 0 th Century. Available at http://www.greatachievements.org/. Accessed August 6, 2006.

2006 1

34 Exelon, 2006. Oyster Creek Generating Station. Available at http://www.exeloncorp.com/ourcompanies/powergen/nuclear/oyster-cree k-generating-station.htm. Accessed August 6, 2006.

2006 3

'35 EcolSciences, Inc., 2004. Threatened and Endangered Species Habitat Impact Assessment for Oyster Creek Generating Station National Security Upgrades; Township of Lacey; Ocean County, New Jersey.

Prepared for AmerGen Energy Co., LLC.

July 7, 2004 54 36 Katz, B., and R. Puentes. 2006. Prosperity at Risk: Toward a Competitive New Jersey. May. The Brookings Institute. Available at http://www.njfuture.org/Media///Docs/brookings%20smaller.pdf.

Accessed August 4, 2006.

2006 46 37 INTENTIONALLY OMITTED 38 Energy Information Administration. 2004. Existing Generating Units in the United States by State, Company, and Plant, 2004. U. S. Department of Energy. Available at http://www.eia.doe.gov/cneaf/electricity/page/capacity/newunits2004.xls

  • Accessed August 4, 2006.

2004 11 39 New Jersey Ocean Atlas, New Jersey Department of Environmental Protection. May 16, 2006. Available at http://www.nj.gov/dep/cmp/ocean-atlas-map.pdf. Accessed August 10, May 16, 2006.

2006 3

September 17, 2007 3

2130-07-20506 DESCRIPTION DATE NUMBER OF PAGES 40 Ocean County Soil Conservation District. 2005. Soil Erosion and July 19, Sedimentation Control Certification; Upland Dredge Site. SCD # 1302.

2005 1

41 Wildlife Habitat Council. 2005. Site Assessment and Wildlife Management Opportunities Report for Exelon Corporation's Oyster September Creek Generating Station.

2005 107 42 Ocean County Department of Planning. 2005. Major Federal and State Land Holdings in Ocean County. December. Available at http://www.planning.co.ocean.nj.us/databook/68STLAND.pdf. Accessed December September 7, 2006.

2005 8

043 Google Earth. Annotated Aerial Image of OCGS Barge Mooring September Facility.

9, 2006 1

44 New Jersey Department of Environmental Protection. 2002. List of State Flood Hazard Area Delineations. May 15. Available at http://www.state.nj.us/dep/landuse/7-13-7.pdf. Accessed September 9, May 15, 2006.

2002 6

45 New Jersey Department of Environmental Protection, Division of Parks 1954, as and Forestry, State Forest Service. New Jersey's Big Trees.

amended 46 46 Anonymous. 2006. Lacey Township, Ocean County, New Jersey Township History. Available at http://www.lacevtownship.org/content/l 8/95/default.aspx. Accessed September 29, 2006.

2006 5

47 Levin, S. 2000. Letter, Levin (GPU Nuclear Inc) to New Jersey Department of Environmental Protection. Application for Transfer of April 25, Ownership and of a Permit.

2000 4

48 New Jersey Transit. Bus Schedule, Lakewood to Atlantic City. Effective January 28, 2006. Available at http://www.njtransit.com/pdf/bus/T0559.pdf. Accessed September 30, January 28, 2006.

2006 2

49 Lacey Township, Ocean County, New Jersey. 1989. Ocean County Water Quality Management Plan; Wastewater Management Plan.

1989 2

50 Tompkins, H.B. 2005. Letter Tompkins (State of New Jersey, Department of Environmental Protection) to Brown (AmerGen). Draft Surface Water Renewal Permit Action. Includes public notice, fact sheet, July 19, and draft NJPDES permit.

2005 61 51 Bureau of Economic Analysis. No Date. Table CA25 - Total full-time and part-time employment - New Jersey. U. S. Department of Commerce. Available at http://www.bea.gov/bea/regional/spi/. Accessed October 4, 2006.

2006 6

September 17, 2007 4

2130-07-20506 DESCRIPTION DATE NUMBER OF PAGES 52 Bureau of Economic Analysis. No Date. Table CA25 - Total full-time and part-time employment - Ocean County, New Jersey. U. S.

Department of Commerce. Available at http://www.bea.govlbea/regional/spi/. Accessed October 4, 2006.

2006 29 53 New Jersey Department of Labor Workforce Development. 2005.

Central Regional Community Fact Book. Ocean County Edition.

Division of Labor Market and Demographic Research. Available at http://www.wnjpin.net/OneStopCareerCenter/LaborMarketInformation/I mil2/ocefct.pdf. Accessed June 12, 2006.

2005 29 54 TTNUS. 2006. Ocean County Demographic and Economic Growth June 13, Report Calculation Package.

2006 14 55 Energy Information Administration. 2004. State Energy Profiles 2002.

January. (Excerpt). U. S. Department of Energy. Available online at http://tonto.eia.doe.gov/ftlproot/electricity/stateprofiles/02st profiles/062 January 902.pdf. Accessed October 4, 2006.

2002 6

56 Energy Information Administration. 2004. State Energy Data 2002:

Consumption, Table 7 Energy Consumption Estimates by Source, Selected Years, 1960 - 2002, New Jersey. U. S. Department of Energy.

Available at http://www.eia.doe.gov/emeu/states/sep-use/total/pdf/use-nj.pdf.

Accessed October 5, 2006.

2004 10 57 Bureau of Freshwater Fisheries. 2005. Draft Appendix C, Locations of Anadromous American Shad and River Herring During Their Spawning Period in New Jersey's Freshwaters Including Known Migratory Impediments and Fish Ladders. New Jersey Department of Environmental Protection Division of Fish and Wildlife. March 2005.

(Excerpt from draft state report on anadromous fish transmitted by email Boriek to Moore).

March 2005 14 58 EcolSciences, Inc., 2006. Threatened and Endangered Species Habitat Impact Assessment for Oyster Creek Generating Station; Township of Lacey; Ocean County, August 15, New Jersey. Prepared for AmerGen Energy Co., LLC.

2006 55 59 National Marine Fisheries Service. No date. What is essential fish habitat? Office of Habitat Conservation, Habitat Protection Division.

Available at http://www.nmfs.noaa.gov/habitat/habitatprotection/efh/indexa.htm.

Accessed October 6, 2006.

2006 September 17, 2007 5

2130-07-20506 DESCRIPTION DATE NUMBER OF PAGES 60 National Marine Fisheries Service. No date. EFH for the Mid-Atlantic.

Available at http://www.nmfs.noaa.gov/habitat/habitatprotection/profile/midatlanticco uncil.htm.

Accessed October 6, 2006.

2006 2

61 National Oceanic and Atmospheric Association. No date. Summary of Essential Fish Habitat Designations, Barnegat Bay, New Jersey.

Available at http://www.nero.noaa.gov/hcd/njlhtml. Accessed October 6, 2006.

2006 2

62 State of New Jersey Department of Environmental Protection. The Management and Regulation of Dredging Activities and Dredged Material Disposal in New Jersey's Tidal Waters. October 1997. Available online at http://www.njstatelib.org/digit/r588/r5881997.html. Accessed October October 20, 2006.

1997 121 63 U. S. Nuclear Regulatory Commission. NRC Regulatory Issue Summary 2006-12; Endorsement of Nuclear Energy Institute Guidance "Enhancements to Emergency Preparedness Programs for Hostile July 19, Action."

2006 49 64 USDA. 1989. Soil Survey of Ocean County, New Jersey. Sheet Number

45.

1989 4

65 Atlantic States Marine Fisheries Commission (ASMFC). 2005. Atlantic November Croaker Stock Assessment and Peer Review Reports.

2005 370 September 17, 2007 6