ML092050511
| ML092050511 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 07/29/2009 |
| From: | David Pelton License Renewal Projects Branch 1 |
| To: | Lemke A Lacey Rail-Trail Environmental Committee |
| Stuyvenberg, A L, NRR/DLR/ 415-4006 | |
| References | |
| Download: ML092050511 (5) | |
Text
July 29, 2009 Ms. Alison Lemke Lacey Rail-Trail Environmental Committee P.O. Box 118 Lanoka Harbor, NJ 08734
SUBJECT:
RESPONSE TO CORRESPONDENCE REGARDING FINNINGER FARM SECTION OF OYSTER CREEK NUCLEAR GENERATING STATION SITE
Dear Ms. Lemke,
Im writing to respond to the issues youve raised in recent e-mails to David L. Pelton and in your February 3, 2009, letter to Samson S. Lee.
Your concerns appear to relate to the environmental impacts of potential developments on the Finninger Farm portion of the Oyster Creek property. You noted that these potential actions include constructing public access facilities and supporting infrastructure on the eastern portion of the property. Briefly, these actions were not proposed at the behest or under the control of U.S. Nuclear Regulatory Commission (NRC), and are not part of NRCs license renewal process.
As you indicated in your February 3, 2009 letter, Exelons proposed public access plans at the Finninger Farm portion of their property emerged from negotiations between Exelon and the State of New Jersey as part of the States Federal Consistency Determination process under the Federal Coastal Zone Management Act. In the States Federal Consistency Determination, the Department of Environmental Protection (DEP) acknowledged that it must strike a balance among competing interests. In the case of the Oyster Creek determination (signed December 28, 2007), the State explicitly weighed ecosystem protection along with other factors like protecting health, safety and welfare; promoting public access to the waterfront; and maintaining and upgrading existing energy facilities.
While you indicated in your e-mails that Finninger Farm is critical habitat, a term with special meaning under the Federal Endangered Species Act, the NRCs consultations with the U.S.
Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) did not indicate that any critical habitat exists on site. NRC staff identified the Finninger Farm property as part of the Oyster Creek site during these consultations. In addition, the bald eagle, which was previously listed as threatened, is no longer listed under the Endangered Species Act (ESA),
and is as yet not known to nest onsite. The bald eagle is, however, protected by The Bald and Golden Eagle Protection Act and The Migratory Bird Treaty Act. Potential future site activities will have to comply with the provisions of the Acts, as enforced by FWS, DEP and other relevant authorities. Please contact DEP of the New Jersey Field Office of the FWS if you have additional concerns about the enforcement of these Acts.
If you have additional questions about the State of New Jerseys Federal Consistency Determination process or the actions Exelon proposed to make in order for the State to determine that license renewal is consistent with New Jerseys Coastal Management Program, please contact the State of New Jersey DEPs Division of Land Use Regulation. Any future developments at the Oyster Creek site - including activities taken by Exelon in response to the State of New Jerseys Federal Consistency Determination process - will have to meet applicable State and Federal environmental review regulations.
Thank you for your interest in these matters.
Sincerely,
/RA/
David L. Pelton, Chief Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page
BC:DLR:RPB1 NAME S. Figueroa AStuyvenberg MBaty DPelton DATE 07/24/09 07/29/09 07/29/09 07/29/09
Letter to A. Lemke from D. Pelton, dated July 29, 2009 DISTRIBUTION:
SUBJECT:
RESPONSE TO CORRESPONDENCE REGARDING FINNINGER FARM SECTION OF OYSTER CREEK NUCLEAR GENERATING STATION SITE HARD COPY:
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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-Operations Support AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Kathryn M. Sutton, Esquire Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Patrick Mulligan, Chief Bureau of Nuclear Engineering New Jersey Department of Environmental Protection 25 Arctic Parkway Ewing, NJ 08638 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 Manager Regulatory Assurance Oyster Creek Generating Station AmerGen Energy Company, LLC P.O. Box 388 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 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-N-1 Kennett Square, PA 19348 Plant Manager Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Chief Operating Officer (COO)
AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Vice President - Mid-Atlantic Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Peggi Sturmfels, Program Organizer NJ Environmental Federation 1002 Ocean Avenue Belmar, NJ 07719