ML061710106

2006/06/12-New Jersey Department of Environmental Protection'S Notice of Pertinent New Case Law Affecting Appeal and Request for Its Consideration

ML061710106
Person / Time
Site:	Oyster Creek
Issue date:	06/12/2006
From:	Gray V A State of NJ, Office of Attorney General
To:	NRC/OCM
Byrdsong A T
References
50-219-LR, ASLBP 06-849-03-LR, RAS 11790
Download: ML061710106 (5)

Text

1j'/15 11190 DOCKETED USNRC UNITED STATES OF AMERICA June 12,2006 (4:46pm)NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of: )) June 12, 2006 AmerGen Energy Company, LLC ))(License Renewal for Oyster Creek ) Docket No. 50-219-LR Nuclear-Generating Station) ) .)NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S NOTICE OF PERTINENT NEW CASE LAW AFFECTING APPEAL AND REQUEST FOR ITS CONSIDERATION The decision in San Luis Obispo Mothers for Peace v.Nuclear Regulatory Commission (Ninth Circuit, No. 03-74628, June 2, 2006) is attached for consideration in relation to NJDEP's appeal of the Atomic Safety and Licensing Board ("Board")

Decision in this matter, ASLBP No. 06-844-01-LR.

The Board rejected NJDEP's contention regarding consideration of the environmental effects of terroristic'activity at Oyster Creek. Lui sObispo, supra. holds that the National Environmental Policy Act ("NEPA") requires the Nuclear Regulatory Commission

("NRC") to consider such effects at individual facilities and, at least, to accept comments and information from the public on the issue. This is the only Circuit Court decision issued subsequent to the September 1 1 th attack on the World Trade Center. This opinion concludes that "it is unreasonable for the NRC to categorically dismiss the possibility ,i-e)P14te=!5,Cy-041 6Cy- 0; of terrorist attack" and specifically rejects the reasoning and precedents cited by the Board to justify its rejection of NJDEP's contention on this subject.NJDEP respectfully requests that the NRC consider this controlling precedent when issuing a decision on NJDEP's appeal on this issue. Further, NJDEP requests that the NRC fulfill its legal obligation, pursuant to this decision, to complete a NEPA analysis of the potential environmental effects of a terrorist attack at Oyster Creek. After the NRC completes its Environmental Impact Statement

("EIS"), NJDEP should be allowed to amend its contention and its basis in response to the EIS.Thank you for your consideration.

Respectfully submitted, ZULIMA V. FARBER ATTORNEY GENERAL OF NEW JERSEY By: Valerie Anne Gray Deputy Attorney Genel Certificate of Service Attached UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

)In the Matter of: )) June 12, 2006 AmerGen Energy Company, LLC ))(License Renewal for Oyster Creek ) Docket No. 50-219-LR Nuclear Generating Station) ))CERTIFICATE OF SERVICE I hereby certify that copies of NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S NOTICE OF PERTINENT NEW CASE LAW AFFECTING APPEAL AND REQUEST FOR ITS CONSIDERATION were served this day upon the persons listed below, by E-mail and first class mail, unless otherwise noted.Secretary of the Commission*

U.S. Nuclear Regulatory Commission Att: Rulemakings and Adjudications Staff One White Flint North 11555 Rockville Pike Rockville, Maryland 20852-2738'(E-mail: HEARINGDOCKET@nrc.Qov)

Administative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 (E-mail: pba@nrc. ov)

Administrative Judge E. Roy Hawkens, Chair Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 (E-mail: erh@nrc.cov)

Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Washington', D.C. 20555-0001 (E-mail: alb5@nrc.

ov)Suzanne Leta NJPIRG 11 N. Willow Street Trenton, NJ 08608 (E-mail:sleta@nipirg.org)

Mitzi A. Young Steven C. Hamrick Office of the General Counsel, 0-15D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (E-mail:may@nrc.gov)(E-mail:schl@nrc.

ov)Office of Commission Appellate Adjudication**

U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Richard Webster Rutgers Environmental Law'Clinic 123 Washington Street, Newark, NJ 07102-5695 (E-mail:rwebster@kinoy.rutgers.edu)

Paul Gunter Nuclear Information and Resource Service 1424 1 6 th Street, NW Suite 404 Washington, DC 20036 (E-mail :pqunter@nirs.org)

Debra A. Wolf Law Clerk Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 (E-mail :dawl@nrc .gov)* Original and 2 copies**First Class Mail only Valerie Ann Gra