ML022350329

St.Lucie - Reinitiation of Consultation Under Section 7 of the Endangered Species Act

ML022350329
Person / Time
Site:	Saint Lucie
Issue date:	08/23/2002
From:	Moroney B NRC/NRR/DLPM/LPD2
To:	Stall J Florida Power & Light Co
Moroney B, NRR/DLPM, 415-3974
References
FOIA/PA-2003-0189, TAC MB5940, TAC MB5941
Download: ML022350329 (3)

Text

August 23, 2002 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

REINITIATION OF CONSULTATION UNDER SECTION 7 OF THE ENDANGERED SPECIES ACT FOR THE ST. LUCIE NUCLEAR PLANT (TAC NOS. MB5940 AND MB5941)

Dear Mr. Stall:

In a letter dated July 30, 2002 (enclosed), the National Marine Fisheries Service (NMFS),

Southeast Regional Office, provided further clarification on the incidental take statement in the May 4, 2001, Biological Opinion for the St. Lucie plant. Based on the information contained in the letter, the U.S. Nuclear Regulatory Commission (NRC) has decided to reinitiate consultation with respect to green and loggerhead turtles (Chelonia mydas and Caretta caretta) incidently captured in the intake canal of the St. Lucie plant.

In order to conduct the consultation with NMFS, the NRC staff needs detailed information on the six green and loggerhead mortalities that occurred during Calendar year 2001. Information required, but not limited to, the following is requested: date, time, and location of discovery, condition of the specimen, general plant operating conditions during and immediately before capture, any unusual conditions in the intake canal or the condition of the block net, disposition of the specimen, any written notification documents provided to State or Federal authorities, and any conclusions on the probable cause of death.

Additionally, the NMFS letter also requested information regarding the planned modifications to the intake canal and the existing turtle excluder (block) net. The NRC staff requests a detailed description of the planned changes, a discussion as to why the changes are being made, and what the impact of the proposed changes might be on future turtle mortality rates and why.

It is the NRC staffs intent to prepare a report providing NMFS with detailed information regarding the six sea turtle mortalities that were considered causally related to St. Lucie plant operation during calendar year 2001, and a detailed description of your planned modifications to the intake canal and the turtle excluder net. The NRC staff expects to complete the report by November 1, 2002. We request a response to the above information request by September 30, 2002.

If you have any questions, please contact me at (301) 415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

NMFS letter dated July 30, 2002 cc w/enclosure: See next page

August 23, 2002 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

REINITIATION OF CONSULTATION UNDER SECTION 7 OF THE ENDANGERED SPECIES ACT FOR THE ST. LUCIE NUCLEAR PLANT (TAC NOS. MB5940 AND MB5941)

Dear Mr. Stall:

In a letter dated July 30, 2002 (enclosed), the National Marine Fisheries Service (NMFS),

Southeast Regional Office, provided further clarification on the incidental take statement in the May 4, 2001, Biological Opinion for the St. Lucie plant. Based on the information contained in the letter, the U.S. Nuclear Regulatory Commission (NRC) has decided to reinitiate consultation with respect to green and loggerhead turtles (Chelonia mydas and Caretta caretta) incidently captured in the intake canal of the St. Lucie plant.

In order to conduct the consultation with NMFS, the NRC staff needs detailed information on the six green and loggerhead mortalities that occurred during Calendar year 2001. Information required, but not limited to, the following is requested: date, time, and location of discovery, condition of the specimen, general plant operating conditions during and immediately before capture, any unusual conditions in the intake canal or the condition of the block net, disposition of the specimen, any written notification documents provided to State or Federal authorities, and any conclusions on the probable cause of death.

Additionally, the NMFS letter also requested information regarding the planned modifications to the intake canal and the existing turtle excluder (block) net. The NRC staff requests a detailed description of the planned changes, a discussion as to why the changes are being made, and what the impact of the proposed changes might be on future turtle mortality rates and why.

It is the NRC staffs intent to prepare a report providing NMFS with detailed information regarding the six sea turtle mortalities that were considered causally related to St. Lucie plant operation during calendar year 2001, and a detailed description of your planned modifications to the intake canal and the turtle excluder net. The NRC staff expects to complete the report by November 1, 2002. We request a response to the above information request by September 30, 2002.

If you have any questions, please contact me at (301) 415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

NMFS letter dated July 30, 2002 cc w/enclosure: See next page DISTRIBUTION:

PUBLIC PDII-2 R/F HBerkow KJabbour BMoroney BClayton JTappert MMasnik JWilson LWert,RII OGC ACRS/ACNW ADAMS Accession Number: ML22350329 *See previous concurrence OFFICE PDII-2/PM PDII-2/LA RLEP/SC OGC PDII-2/SC NAME BMoroney BClayton* JTappert* AHodgdon* RHernan for KJabbour DATE 08/21/02 08/15/02 08/15 /02 08/21/02 08/22/02 OFFICIAL RECORD COPY

Mr. J. A. Stall ST. LUCIE PLANT Florida Power and Light Company cc:

Senior Resident Inspector Mr. R. E. Rose St. Lucie Plant Plant General Manager U.S. Nuclear Regulatory Commission St. Lucie Nuclear Plant P.O. Box 6090 6351 South Ocean Drive Jensen Beach, Florida 34957 Jensen Beach, Florida 34957 Craig Fugate, Director Mr. J. T. Voorhees Division of Emergency Preparedness Acting Licensing Manager Department of Community Affairs St. Lucie Nuclear Plant 2740 Centerview Drive 6351 South Ocean Drive Tallahassee, Florida 32399-2100 Jensen Beach, Florida 34957 M. S. Ross, Attorney Mr. Don Mothena Florida Power & Light Company Manager, Nuclear Plant Support Services P.O. Box 14000 Florida Power & Light Company Juno Beach, FL 33408-0420 P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Douglas Anderson County Administrator Mr. Rajiv S. Kundalkar St. Lucie County Vice President - Nuclear Engineering 2300 Virginia Avenue Florida Power & Light Company Fort Pierce, Florida 34982 P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. William A. Passetti, Chief Department of Health Mr. J. Kammel Bureau of Radiation Control Radiological Emergency 2020 Capital Circle, SE, Bin #C21 Planning Administrator Tallahassee, Florida 32399-1741 Department of Public Safety 6000 SE. Tower Drive Mr. Donald E. Jernigan, Site Vice President Stuart, Florida 34997 St. Lucie Nuclear Plant 6351 South Ocean Drive Joseph E. Powers, Ph. D.

Jensen Beach, Florida 34957 Acting Region Administrator National Marine Fisheries Service Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, FL 33702