ML071780040

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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)
ML071780040
Person / Time
Site: Oyster Creek
Issue date: 07/12/2007
From: Kuo P
NRC/NRR/ADRO/DLR
To: Kurkul P, Webster E
US Dept of Commerce, National Oceanographic and Atmospheric Administration
Wrona D J, NRR/DLR - 415-2292
References
Download: ML071780040 (6)


Text

July 12, 2007 Mr. Eric Webster, Director Office of Legislative Affairs National Oceanic and Atmospheric Administration 14th Street & Constitution Avenue, NW Washington, DC 20230

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. Webster:

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.

E. Webster 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 Ms. Patricia A. Kurkul at the National Marines Fisheries Service.

Sincerely,

/RA/

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

July 12, 2007 Ms. Patricia A. Kurkul, Regional Administrator National Oceanic and Atmospheric Administration National Marines Fisheries Service Northeast Regional Office One Blackburn Drive Gloucester, MA 01930-2298

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 Ms. Kurkul:

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.

P. Kurkul 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. Eric Weber at the National Oceanic and Atmospheric Adminsitration.

Sincerely,

/RA/

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

E. Webster 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 Ms. Patricia A. Kurkul at the National Marines Fisheries Service.

Sincerely,

/RA/

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

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

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DLR/RLRA DLR/REBB DLR/REBA ADAMS Accession no.: ML071780040 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

cc:

David Kaiser, Senior Policy Analyst Office of Ocean and Coastal Resource Management National Oceanic and Atmospheric Administration University of New Hampshire 246 Gregg Hall 35 Colovos Road Durham, NH 03824-3521