ML071780018

07/18/07 - Ltr to Dennis R. Spurgeon Fm Reyes Request for Documents for the Consolidation Record Regarding the Federal Consistency Review for the License Renewal of Oyster Creek Nuclear Generating Station (Program File No. 1500-02-0004.4 CD

ML071780018
Person / Time
Site:	Oyster Creek
Issue date:	07/18/2007
From:	Reyes L A NRC/EDO
To:	Spurgeon D R US Dept of Energy, Office of Nuclear Energy
Ashley D J, NRR/ADRO/DLR, 415-3191
Shared Package
ML071940216	List: ML071780017 ML071780018 ML071780021 ML071780033 ML071780052 ML071780058 ML071780072 ML071780084
References
Download: ML071780018 (4)

Text

July 18, 2007Mr. Dennis R. SpurgeonAssistant Secretary for Nuclear Energy U.S. Department of Energy Office of Nuclear Energy 1000 Independence Avenue, SW Washington, DC 20585

Dear Mr. Spurgeon:

On May 31, 2007, the State of New Jersey Department of Environmental Protection (NJDEP)completed its review of AmerGen Energy Company LLC's (AmerGen) request for a Federal consistency determination for Oyster Creek Nuclear Generating Station (OCNGS). Pursuant to Section 307 of the Coastal Zone Management Act of 1972 (CZMA) (Public Law 92-583), as amended, NJDEP found that it could not make a positive consistency determination. AmerGen plans to file an appeal with the Secretary of the U.S. Department of Commerce. On appeal, the Secretary will determine whether OCNGS furthers the national interest as articulated in the CZMA, in a significant or substantial manner; balance that interest against any adverse coastal effects; and consider reasonable alternatives (15 CFR § 930.121). The Secretary may also consider whether OCNGS is otherwise necessary in the interest of national security (15 CFR § 930.122).In accordance with Section 382 of the Energy Policy Act of 2005, 16 USC § 1466 (2006), theU.S. Nuclear Regulatory Commission (NRC), as the lead Federal permitting agency for renewal of the OCNGS operating license, maintains, with cooperation of Federal and State administrative agencies, a consolidated record for consistency appeals under the CZMA. To ensure the completeness of this consolidated record, please provide documents reflecting all decisions made or actions taken (whether pending or final) by your agency related to the proposed renewal of the OCNGS license and or the CZMA consistency determination, including any supporting documentation or other documents relevant to such decision documents.Please provide copies of your agency's documents within fourteen (14) days from receipt of thisletter. If further information is required, please contact the project managers, Mr. David Wrona at 301-415-2292 or by e-mail at DJW1@nrc.gov; or Dr. Michael T. Masnik at 301-415-1191 orby e-mail at MTM2@nrc.gov

.Sincerely,/RA/Luis A. ReyesExecutive Director for OperationsDocket No. 50-219 cc: Mr. Andrew C. Lawrence Mr. David R. Hill Ms. Diana D. Clark Mr. Dennis R. SpurgeonJuly 18, 2007Assistant Secretary for Nuclear Energy U.S. Department of Energy Office of Nuclear Energy 1000 Independence Avenue, SW Washington, DC 20585

Dear Mr. Spurgeon:

On May 31, 2007, the State of New Jersey Department of Environmental Protection (NJDEP)completed its review of AmerGen Energy Company LLC's (AmerGen) request for a Federal consistency determination for Oyster Creek Nuclear Generating Station (OCNGS). Pursuant to Section 307 of the Coastal Zone Management Act of 1972 (CZMA) (Public Law 92-583), as amended, NJDEP found that it could not make a positive consistency determination. AmerGen plans to file an appeal with the Secretary of the U.S. Department of Commerce. On appeal, the Secretary will determine whether OCNGS furthers the national interest as articulated in the CZMA, in a significant or substantial manner; balance that interest against any adverse coastal effects; and consider reasonable alternatives (15 CFR § 930.121). The Secretary may also consider whether OCNGS is otherwise necessary in the interest of national security (15 CFR § 930.122).In accordance with Section 382 of the Energy Policy Act of 2005, 16 USC § 1466 (2006), theU.S. Nuclear Regulatory Commission (NRC), as the lead Federal permitting agency for renewal of the OCNGS operating license, maintains, with cooperation of Federal and State administrative agencies, a consolidated record for consistency appeals under the CZMA. To ensure the completeness of this consolidated record, please provide documents reflecting all decisions made or actions taken (whether pending or final) by your agency related to the proposed renewal of the OCNGS license and or the CZMA consistency determination, including any supporting documentation or other documents relevant to such decision documents.Please provide copies of your agency's documents within fourteen (14) days from receipt of thisletter. If further information is required, please contact the project managers, Mr. David Wrona at 301-415-2292 or by e-mail at DJW1@nrc.gov; or Dr. Michael T. Masnik at 301-415-1191 orby e-mail at MTM2@nrc.gov

.Sincerely,/RA/Luis A. ReyesExecutive Director for OperationsDocket No. 50-219 cc: Mr. Andrew C. Lawrence Mr. David R. Hill Ms. Diana D. ClarkDISTRIBUTION: See next pageIdentical letters sent to: (See attached list of addressees)Adams Accession Nos.: ML071940216 (Pkg); ML071780018 (Ltr)OFFICEDLR:LADLR:REBB:PMDLR:RLRA:PMOGCDLR:REBB:BCNAMEYEdmondsJDavisDWronaMYoung nloRFranovich DATE07/12/0707/12/0707/12/0707/12/070712/07 OFFICEDLR:RLRA:BCDLR:DNRR:DEDO NAMELLundPTKuoJWiggins for JDyer LReyes DATE07/12/0707/12/0707/16/0707/18/07OFFICIAL RECORD COPY Letter to D. Spurgeon from L. Reyes, dated July 18, 2007DISTRIBUTION:

Email RidsNrrDlr RidsNrrDlrReba RidsNrrDlrRebb RidsNrrDlrRlra D. Ashley B. Pham J. Davis S. Hoffman M. Young M. Ferdas, RI N. Sheehan, RI D. Screnci, RI RidsOGCMailRoom DLR/RLRA DLR/REBB DLR/REBA cc: Mr. Andrew C. Lawrence, DirectorU.S. Department of Energy Forrestal Building Office of Nuclear Safety and Environment 1000 Independence Avenue, SW Washington, DC 20585Mr. David R. Hill, General CounselOffice of the General Counsel, U.S. Department of Energy Forrestal Building 1000 Independence Avenue, SW Room 6A-245 Washington, DC 20585Ms. Diana D. ClarkActing Asst. General Counsel for International and National Security Programs U.S. Department of Energy Forrestal Building 1000 Independence Avenue, SW Washington, DC 20585