ML071780023

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Request for Documents for the Consolidated Record Regarding the Federal Consistency Review for the License Renewal of Oyster Creek Nuclear Generating Station (Program File No. 1500-02-0004.4 CDT06001)
ML071780023
Person / Time
Site: Oyster Creek
Issue date: 07/12/2007
From: Kuo P
NRC/NRR/ADRO/DLR
To: Baker G, Wood L
US Dept of the Army, Corps of Engineers
Wrona D J, NRR/DLR - 415-2292
References
1500-02-0004.4 CDT06001
Download: ML071780023 (5)


Text

July 12, 2007 Lt. Col. Gwen Baker U.S. Army Corps of Engineers North Atlantic Division Philadelphia District The Wanamaker Building 100 Penn Square East Philadelphia, PA 19107-3390

SUBJECT:

REQUEST FOR DOCUMENTS FOR THE CONSOLIDATED RECORD REGARDING THE FEDERAL CONSISTENCY REVIEW FOR THE LICENSE RENEWAL OF OYSTER CREEK NUCLEAR GENERATING STATION (PROGRAM FILE NO. 1500-02-0004.4 CDT06001)

Dear Lt. Col. Baker:

On May 31, 2007, the State of New Jersey Department of Environmental Protection (NJDEP) completed its review of AmerGen Energy Company LLCs (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), the U.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 decision 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.

Lt. Col. Baker Please provide copies of your agencys documents within fourteen (14) days from receipt of this letter. 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 or by e-mail at MTM2@nrc.gov.

An identical letter was sent to Mr. Lance D. Wood at the Senior Counsel for Environmental Regulation and Compliance Team Leader.

Sincerely,

/RA/

Pao-Tsin Kuo, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-219

July 12, 2007 Mr. Lance D. Wood Senior Counsel for Environmental Regulation and Compliance Team Leader Office of the Chief Counsel Headquarters U.S. Army Corps of Engineers U.S. Department of the Army 441 G Street, NW, Room 3E37 Washington, DC 20314

SUBJECT:

REQUEST FOR DOCUMENTS FOR THE CONSOLIDATED RECORD REGARDING THE FEDERAL CONSISTENCY REVIEW FOR THE LICENSE RENEWAL OF OYSTER CREEK NUCLEAR GENERATING STATION (PROGRAM FILE NO. 1500-02-0004.4 CDT06001)

Dear Mr. Wood:

On May 31, 2007, the State of New Jersey Department of Environmental Protection (NJDEP) completed its review of AmerGen Energy Company LLCs (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), the U.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 decision 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.

L. Wood Please provide copies of your agencys documents within fourteen (14) days from receipt of this letter. 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 or by e-mail at MTM2@nrc.gov.

An identical letter was sent to Lt. Col. Baker at the U.S. Army Corps of Engineers.

Sincerely,

/RA/

Pao-Tsin Kuo, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-219

Lt. Col. Baker Please provide copies of your agencys documents within fourteen (14) days from receipt of this letter. 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 or by e-mail at MTM2@nrc.gov.

An identical letter was sent to Mr. Lance D. Wood at the Senior Counsel for Environmental Regulation and Compliance Team Leader.

Sincerely,

/RA/

Pao-Tsin Kuo, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-219 DISTRIBUTION:

Email P.T. Kuo/S. Lee (RidsNrrDlr)

R. Franovich (RidsNrrDlrRebb)

E. Benner (RidsNrrDlrRebb)

L. Lund (RidsNrrDlrRlra)

D. Ashley B. Pham J. Davis S. Hoffman M. Young M. Ferdas, RI N. Sheehan, RI D. Screnci, RI OGC (RidsOGCMailRoom)

DLR/RLRA DLR/REBB DLR/REBA Adams Accession No.: ML071780023 OFFICE DLR:LA DLR:REBB:PM DLR:RLRA:PM OGC DLR:REBB:BC DLR: RLRA:BC DLR:D NAME Y. Edmonds J. Davis D. Wrona M. Young R. Franovich L. Lund P.T. Kuo DATE 07/12/07 07/12/07 07/12/07 07/12/07 07/12/07 07/12/07 07/12/07 OFFICIAL RECORD COPY