ML031980598

Ltr, Reinitiation of Consultation Under Section 7 of the Endangered Species Act

ML031980598
Person / Time
Site:	Saint Lucie
Issue date:	07/17/2003
From:	Moroney B NRC/NRR/DLPM
To:	Stall J Florida Power & Light Co
Moroney B, NRR/DLPM, 415-3974
References
TAC MB5940, TAC MB5941
Download: ML031980598 (4)

Text

July 17, 2003 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 August 23, 2002, we notified you that the U.S. Nuclear Regulatory Commission (NRC) had requested reinitiation of consultation with the National Marine Fisheries Service (NMFS), Southeast Regional Office, with respect to green and loggerhead turtles (Chelonia mydas and Caretta caretta) incidently captured in the intake canal of the St. Lucie plant. The request was based on the fact that during 2001 the plant met the incidental take limit for sea turtles as set by the Incidental Take Statement (ITS) issued as part of the May 4, 2001, Biological Opinion (Opinion).

In a letter dated September 20, 2002, you provided the NRC staff with detailed information on the six green and loggerhead mortalities that occurred during Calendar year 2001 and described the planned modifications to the intake canal and the existing turtle excluder (block) net. The NRC staff forwarded this information to the NMFS in a letter dated February 10, 2003.

In that letter, the staff concluded that the turtle mortalities in 2001 were an unusual occurrence, that the ITS contained in the Opinion remained appropriate and valid, and that modifications to the canal and block net system should minimize or prevent future episodes of higher than expected mortality. The staff also stated that it had no plans to initiate formal consultation at this time.

In the enclosed letter dated May 9, 2003, the NMFS stated its agreement with the NRC staff conclusions and indicated that consultation was concluded. The NRC staff plans no further action on this matter.

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 May 9, 2003 cc w/enclosure: See next page

July 17, 2003 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 August 23, 2002, we notified you that the U.S. Nuclear Regulatory Commission (NRC) had requested reinitiation of consultation with the National Marine Fisheries Service (NMFS), Southeast Regional Office, with respect to green and loggerhead turtles (Chelonia mydas and Caretta caretta) incidently captured in the intake canal of the St. Lucie plant. The request was based on the fact that during 2001 the plant met the incidental take limit for sea turtles as set by the Incidental Take Statement (ITS) issued as part of the May 4, 2001, Biological Opinion (Opinion).

In a letter dated September 20, 2002, you provided the NRC staff with detailed information on the six green and loggerhead mortalities that occurred during Calendar year 2001 and described the planned modifications to the intake canal and the existing turtle excluder (block) net. The NRC staff forwarded this information to the NMFS in a letter dated February 10, 2003.

In that letter, the staff concluded that the turtle mortalities in 2001 were an unusual occurrence, that the ITS contained in the Opinion remained appropriate and valid, and that modifications to the canal and block net system should minimize or prevent future episodes of higher than expected mortality. The staff also stated that it had no plans to initiate formal consultation at this time.

In the enclosed letter dated May 9, 2003, the NMFS stated its agreement with the NRC staff conclusions and indicated that consultation was concluded. The NRC staff plans no further action on this matter.

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 May 9, 2003 cc w/enclosure: See next page DISTRIBUTION:

PUBLIC PDII-2 R/F EHackett AHowe BMoroney BClayton JTappert MMasnik JWilson JMunday,RII OGC ACRS

Enclosure:

ML031600873 Ltr: ML031980598 Package: ML031980603 OFFICE PDII-2/PM PDII-2/LA RLEP/SC OGC PDII-2/SC NAME BMoroney BClayton JTappert SUttal BMozafari for:

AHowe DATE 07/09/03 07/09/03 07/09/03 07/17/03 07/17/03 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. Terry Patterson Division of Emergency Preparedness 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 Vice President, Nuclear Plant Support Services Florida Power & Light Company Florida Power & Light Company P.O. Box 14000 P.O. Box 14000 Juno Beach, FL 33408-0420 Juno Beach, FL 33408-0420 Mr. Douglas Anderson Mr. Rajiv S. Kundalkar County Administrator Vice President - Nuclear Engineering St. Lucie County Florida Power & Light Company 2300 Virginia Avenue P.O. Box 14000 Fort Pierce, Florida 34982 Juno Beach, FL 33408-0420 Mr. William A. Passetti, Chief Mr. J. Kammel Department of Health Radiological Emergency Bureau of Radiation Control Planning Administrator 2020 Capital Circle, SE, Bin #C21 Department of Public Safety Tallahassee, Florida 32399-1741 6000 SE. Tower Drive Stuart, Florida 34997 Mr. William Jefferson, Jr.

Site Vice President Roy E. Crabtree, Ph. D.

St. Lucie Nuclear Plant Region Administrator 6351 South Ocean Drive National Marine Fisheries Service Jensen Beach, Florida 34957 Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, FL 33702