ML081060737
| ML081060737 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/30/2008 |
| From: | Samson Lee NRC/NRR/ADRO/DLR |
| To: | Lipoti J State of NJ, Dept of Environmental Protection |
| Wexler, Elizabeth - NRR/REBA - 415-1522 | |
| Shared Package | |
| ML081060732 | List: |
| References | |
| TAC MD8432, Y020080069 | |
| Download: ML081060737 (5) | |
Text
April 30, 2008 Dr. Jill Lipoti, Director State of New Jersey Department of Environmental Protection Division of Environmental Safety and Health P.O. Box 424 Trenton, NJ 08625-0424
Dear Dr. Lipoti:
This letter is in response to your letter dated March 26, 2008 to me, requesting that the U.S.
Nuclear Regulatory Commission (NRC) consider the proposed dredging of Oyster Creek and Forked River and the proposed expansion of the disposal basin by AmerGen Energy Company LLC (AmerGen) and evaluate any potential impacts to environmental and public health and safety as part of the license renewal process. Specifically, you expressed concern that the dredging that AmerGen intends to do in 2009 and the potential expansion of the disposal basin were not addressed in the NRCs Supplemental Environmental Impact Statement (SEIS) for license renewal of Oyster Creek Nuclear Generating Station (OCNGS), and that knowledge of this project constitutes new and significant information, which should be evaluated by the NRC.
You also suggest that the expansion of the disposal basin could affect the New Jersey Department of Environmental Protections (NJDEP) determination that the relicensing of OCNGS is consistent with the New Jersey Coastal Management Plan, pursuant to the Federal Coastal Zone Management Act of 1972 (CZMA), as it might interfere with AmerGens commitment to construct walking trails in the area of the disposal basin.
I would like to thank you and NJDEP for advising us of your concerns, as well as taking the time to meet with my staff and me to discuss the information regarding AmerGens proposed actions.
In order to support the NRCs mission to help protect the environment, it is essential that communication exists between the NRC, other Federal agencies, and our State and local counterparts.
It is the staffs understanding, that in preparation to dredge the shoals of Oyster Creek and Forked River, AmerGen, which operates OCNGS, had a pre-application meeting with the NJDEP on March 11, 2008, to present plans for dredging and disposal of spoils and to discuss options for these activities. Although no NRC staff were present at the meeting, you discussed what was presented with us when we met on April 16, 2008. AmerGen is responsible for dredging shoals based on an agreement between its predecessor company, Jersey Central Power & Light, and the New Jersey Board of Public Utilities to allow boats to navigate Oyster Creek and Forked River and provide access to docks. Based on existing shoal depths, AmerGen plans to conduct the dredging in 2009. It is the staffs understanding, that AmerGen could complete the planned dredging without expanding the existing basin.
Currently, AmerGen has a disposal basin for the dredge spoils on the former Finninger Farm area, occupying about 17.5 acres (2.7%) of the total area of the farm; however, it is possible that the volume of dredged materials could exceed the capacity of the existing facility in the future. The staff understands that one option, if the spoils exceed the capacity of the existing basis, is that AmerGen could expand the existing disposal basin by approximately
J. Lipoti 17 acres. This would require approval from the NJDEP Office of Dredging and Sediment Technology, as well as the U.S. Army Corps of Engineers.
It is the staffs understanding, that assuming appropriate permits are issued, AmerGen will undertake the dredging of Oyster Creek and Forked River regardless of NRCs issuance or denial of an extended operating license. It is also the staffs understanding that if the NJDEP or the U.S. Army Corps of Engineers does not give approval for expanding the disposal basin, AmerGen will explore alternatives for disposal of the dredge spoils.
In July 2005, AmerGen submitted an application for license renewal of OCNGS to NRC. As part of the review, the NRC prepared a SEIS, as a supplement to the Generic Environmental Impact Statement, NUREG-1437 (GEIS), which assessed the potential impact to the environment from an additional 20 years of operation of the facility.
At the time that the Final SEIS was published (January 2007), there were no specific plans to conduct dredging in 2009; however, within the review, the NRC stated that there could be periodic dredging in the intake and discharge canals, Forked River, and Oyster Creek during the license renewal period, under the jurisdiction of the U.S. Army Corps of Engineers, and with the Waterfront Development Permit under New Jerseys Waterfront Development Law. Suction dredging, according to the SEIS, has been performed to minimize impact, and future dredging would remain consistent with this process. Additionally, within the section on Cumulative Impacts on Aquatic Resources, the NRC stated that Maintenance dredging at OCNGS and dredging associated with local docks and marina will continue to occur and contribute to cumulative impacts. While the SEIS did not consider the possible construction or expansion of the disposal basin, the conclusions were based on the understanding that any actions relating to dredging would require the necessary permits from the responsible State and Federal agencies.
According to 10 CFR 51.92, if a proposed action (in this case the renewal of the OCNGS operating license) has not been taken, the NRC will prepare a supplement to the SEIS if there are substantial changes in the proposed action that are relevant to environmental concerns or there are new and significant circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. New and significant information is defined by the NRC in its Supplement 1 to NRC Regulatory Guide 4.2, Preparation of Supplemental Environmental Reports for Applications to Renew Nuclear Power Plant Operating Licenses, Chapter 5 (September 2000) (RG 4.2S1) as follows:
(1) Information that identifies a significant environmental issue that was not considered in NUREG-1437 and, consequently, not codified in Appendix B to Subpart A of 10 CFR Part 51, or (2) Information that was not considered in the analyses summarized in NUREG-1437 and that leads to an impact finding different from that codified in 10 CFR Part 51.
Dredging is not one of the environmental issues specifically considered in the current version of the GEIS (NUREG-1437). However, subsequent to the publication of the GEIS, the NRC identified dredging as an issue that could have significant effects to the environment, and so has discussed dredging and the disposal of dredge spoils in SEISs, including the SEIS for the license renewal of OCNGS. As mentioned above, the NRC broadly discussed the potential for
J. Lipoti dredging in Oyster Creek and Forked River by AmerGen, because any such action, including the expansion of the disposal basin, would require analysis by the appropriate regulating agency.
In the SEIS for the license renewal, the NRC described the current procedure for dredging and disposal of spoils, and determined that the information at that time did not warrant further analysis. The new information that AmerGen is proposing to conduct dredging in 2009, falls within the bounds of the assessment made in the published SEIS, and would occur regardless of NRCs decision to renew the OCNGS operating license. The proposed expansion of the disposal basin, only one of several options that AmerGen has considered for disposing of dredge spoils, would increase the total area of the existing disposal basin from 2.7% of the former Finninger Farm area to approximately 5% of the area. Because the proposed increase in size would be minimal, the staff does not consider this new information to be new and significant to the license renewal process. Therefore, the NRC has concluded that it will not supplement the OCNGS license renewal SEIS. Moreover, it is the staffs understanding that the proposed dredging is pursuant to state action arising out of an agreement between AmerGens predecessor company and the State, and therefore is not the result of federal action.
Finally, as to the concern you expressed about the CZMA consistency determination, the CZMA consistency determination is an issue between the State and AmerGen. However, if the State determines that AmerGen is no longer consistent with CZMA, the NRC requests immediate notification.
Sincerely yours,
\\RA\\
Samson Lee, Acting Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page
(package) ML081060732; (incoming) ML080950268; (response) ML081060737 OFFICE DLR:RERB:AB DLR:LA DLR: RERB:BC DLR: RPB1:BC Region I*
OGC NLO DLR:AD NAME EWexler IKing EBenner w/comment LLund RBellamy MBaty SLee DATE 04/24/08 04/24/08 04/24/08 04/28/08 04/28/08 04/30/08 04/30/08
Letter to J. Lipoti from S. Lee, dated April 30, 2008 DISTRIBUTION:
SUBJECT:
Letter to New Jersey Department of Environmental Protection Regarding Oyster Creek Proposed Dredging Project HARD COPY:
DLR RF E-MAIL:
PUBLIC SSmith (srs3)
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Oyster Creek Nuclear Generating Station cc:
Site Vice President - Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Senior Vice President of Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Kathryn M. Sutton, Esq.
Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Kent Tosch, Chief New Jersey Department of Environmental Protection Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mayor of Lacey Township 818 West Lacey Road Forked River, NJ 08731 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Manager Licensing - Oyster Creek Exelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Regulatory Assurance Manager Oyster Creek AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Assistant General Counsel AmerGen Energy Company, LLC 200 Exelon Way Kennett Square, PA 19348 Ron Bellamy, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Correspondence Control Desk AmerGen Energy Company, LLC 200 Exelon Way, KSA 1-1 Kennett Square, PA 19348 Oyster Creek Nuclear Generating Station Plant Manager AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 License Renewal Manager Exelon Generation Company, LLC 200 Exelon Way, Suite 230 Kennett Square, PA 19348
Oyster Creek Nuclear Generating Station cc:
Mr. Michael P. Gallagher Vice President License Renewal Exelon Generation Company, LLC 200 Exelon Way, Suite 230 Kennett Square, PA 19348 Mr. Christopher M. Crane President and Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Gordan Clefton Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708 Thomas Micai, Director Division of Land Use Regulation P.O. Box 439 501 East State Street, 2nd Floor Trenton, NJ 08625-0439 Susanne Dietrick, Chief Office of Dredging and Sediment Technology P.O. Box 028 401 East State Street, 6th Floor Trenton, NJ 08625-0028