ML021620044
| ML021620044 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 05/24/2002 |
| From: | Powers J US Dept of Commerce, National Oceanographic and Atmospheric Administration |
| To: | Collins S Office of Nuclear Reactor Regulation |
| References | |
| F/SER3:SKB, FOIA/PA-2003-0059, FOIA/PA-2003-0189 | |
| Download: ML021620044 (3) | |
Text
i UNITED STATES DEPARTMENT OF COMMERCE 1
7 National Oceanic and Atmospheric Administration T'
NATIONAL MARINE FISHERIES SERVICE SY 'S Ov Southeast Regional Office 9721 Executive Center Dr. N.
St. Petersburg, Florida 33702 (727) 570-5312; FAX 570-5517 http://caldera.sero.nmfs.gov MAY 2 4 S F/SER3:SKB Mr. Samuel Collins Director Office of Nuclear Reactor Regulation United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 Colonel Roger A. Gerber District Engineer Savannah District, Corps of Engineers Department of the Army P.O. Box 899 Savannah, Georgia 31402 Re:
Edwin I. Hatch Nuclear Power Plant
Dear Mr. Collins and Colonel Gerber:
This letter is in regard to two recent actions involving the Edwin I. Hatch Nuclear Power Plant (Hatch) near Baxley, Georgia: the operating license renewal for Units 1 and 2 by the Nuclear Regulatory Commission (NRC), and an application to the Army Corps of Engineers (COE) for expanded dredging at the Hatch intake from the Altamaha River. The intent of this letter is to clarify the consultation responsibilities for NRC and COE under section 7 of the Endangered Species Act (ESA) for these two, linked actions.
As you know, the National Marine Fisheries Service (NMFS) is charged with protecting marine, estuarine, and anadromous species listed under the ESA. The purpose of the ESA is to conserve the ecosystem on which endangered or threatened species depend. Section 7 of the ESA requires all federal agencies to consult with NMFS and/or the Fish and Wildlife Service for any action (action being broadly defined as proprietary, regulatory or funding) that may affect a listed species to ensure it does not jeopardize the continued existence of listed species or destroy or adversely modify critical habitat. Regulations spelling out the consultation requirements are at 50 CFR part 402.
The endangered shortnose sturgeon (Acipenser brevirostrum) is under the management purview of NMFS. The Hatch is located on the Altamaha River at river kilometer 180. Shortnose sturgeon have been documented in the Altamaha River since the early-1970s. The Altamaha River sturgeon population is perhaps one of the largest, and most viable, south of Cape Hatteras,,--
North Carolina. Therefore NMFS is concerned about any and all projects, occurring along the Altamaha River and resulting impacts to shortnose sturgeon.
NMFS had been actively participating in section 7 consultation for the renewal of the Hatch operating license since 1999. During that period, we participated in several meetings and numerous conversations with project personnel. NMFS considered the consultation effort ongoing and progressing until March 2002 when we discovered that the NRC had renewed the Hatch operating license for another 20 years. We contacted Mr. Andy Kugler of NRC (who verified that the license was renewed) to convey the fact that the required section 7 consultation remained incomplete. Mr. Kugler informed us that: 1) the consultation was being considered by NRC as ongoing, 2) that the Southern Nuclear Operating Company (SNC) had offered to participate in the existing shortnose sturgeon recovery team, and 3) SNC agreed to include a description of shortnose-iurgeon in the training manual for the structure screen operators.
In March, 2002, NMFS received a letter from COE requesting section 7 informal consultation on an application requesting authorization to perform dredging at the Hatch intake facility. The corresponding Public Notice (#940003873) indicated that the applicant was requesting authorization for maintenance dredging at the intake facility that was twice the volume initially permitted in 1994 (44,424 cubic yards (cy) vs. the initial 21,000 cy).
The present situation raises a number of issues with regard to the section 7 requirements that we wish to bring to your attention:
- 1.
NRC renewed the Hatch operating license without concluding section 7 consultation with NMFS. Section 7(d) of the ESA generally prohibits a federal agency from taking action on a project that may preclude the development of reasonable and prudent alternatives.
- 2.
Consultation on an action must consider the effects of all the interrelated and interdependent activities that make up the action. In the present case, the expanded dredging at the Hatch intake structure is interrelated and interdependent to the plant's licensing. Therefore, it should be analyzed in the context of the overall relicensing, not separately.
- 3.
During consultation with NRC on the Hatch relicensing, our concerns focused on the potential effects of the plant's river water intakes on shortnose sturgeon, and we were told that the operation of the intake would proceed status quo. Requesting a permit to double the dredge volume in front of the intakes indicates potential expansion.
- 4.
We also expressed particular concern with the data utilized in the Environmental Impact Statement for the Hatch license renewal which were gathered twenty-five years ago during the pre- (1975) and initial operating (1975 -1980) periods. NMFS believes those surveys are outdated and inadequate and likely do not represent the current status of the Altamaha River shortnose sturgeon. While NMFS appreciates the cooperation and communication with the SNC during the consultation, we continue to believe that new surveys describing the current status of shortnose sturgeon in the Altamaha River are required prior to determining potential impacts on the population.
2
Based on the above, we believe that the NRC should take up consultation with NMFS on the operation of the Hatch immediately and address the identified information needs that will be necessary to complete consultation. The permit application to COE is part of the larger action of plant licensing and operation, and therefore NMFS cannot consult separately with COE on the dredging project. COE may not proceed with permit issuance until the section 7 consultation responsibilities for the Hatch licensing are completed. We recommend that NRC be designated as the lead federal agency for consultation on the Hatch licensing and the attendant dredging, pursuant to the 50 CFR 402.07.
We look forward to continued cooperation with the U.S. Army Corps of Engineers, and the Nuclear Regulatory Commission in conserving our endangered and threatened resources. If you have any questions, pleg-econtact Dr. Stephania Bolden, fishery biologist, at (727) 570 - 5312 or by e-mail at stephania.bolden@noaa.gov.
Sincere
- yours, Joseph B. Powers, Ph.D.
Acting Regional Administrator cc: F/PR3 F/SER4 (P. Brownell)
Ref: I\\SER\\2002\\00129 o :\\section7\\informal\\sturgeon\\nrc&hatch 2.wpd File: 1514-22.m.4 (new file: Hatch) 3