ML032310209

to C. Kofron from J. Hall - Request for Information Regarding Endangered Species and Critical Habitat for the Proposed Diablo Canyon Independent Spent Fuel Storage Installation

ML032310209
Person / Time
Site:	Diablo Canyon
Issue date:	08/14/2003
From:	Hall J NRC/NMSS/SFPO
To:	Kofron C US Dept of Interior, Fish & Wildlife Service
References
+sispmjr200505, -RFPFR
Download: ML032310209 (5)

Text

August 14, 2003 Mr. Chris Kofron U.S. Fish and Wildlife Service Ventura Field Office 2493 Portola Rd.

Suite B Ventura, CA 93003

SUBJECT:

REQUEST FOR INFORMATION REGARDING ENDANGERED SPECIES AND CRITICAL HABITAT FOR THE PROPOSED DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION

Dear Mr. Kofron:

The staff of the U.S. Nuclear Regulatory Commission (NRC) is currently reviewing a license application submitted by Pacific Gas and Electric Company (PG&E) on December 21, 2001, to construct and operate an Independent Spent Fuel Storage Installation (ISFSI) on the site of the Diablo Canyon Power Plant in San Luis Obispo County, California. An applicant for a license of this type must submit an environmental report as part of its application, as required under 10 CFR Part 51 of the NRCs regulations. The NRC staff reviews this information in accordance with the requirements of the National Environmental Policy Act, as specified in 10 CFR 51.10.

In conjunction with our environmental review of PG&Es application, the NRC staff is preparing an Environmental Assessment (EA), in accordance with NRC requirements in 10 CFR 51.21 and 51.30, and with the associated guidance from NRC report NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs. An EA is defined by the Council on Environmental Quality in 40 CFR 1508.9 as a concise public document that briefly provides sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. As part of our environmental review, the NRC staff has also considered the potential impact of the proposed action on endangered species, in accordance with the Endangered Species Act.

On April 24, June 17, July 31, and August 4, 2003, I discussed the details of the proposed project and the preliminary findings of our environmental review with you. On August 4, 2003, you recommended that we send you a written request for an official species list for the project area, to ensure that our review includes consideration of all threatened or endangered species currently identified by your office. This letter formally transmits our request for an official species list.

As described in PG&Es application dated December 21, 2001, the proposed ISFSI facility will occupy approximately 5 acres within the boundary of the 760 acre owner-controlled area of the Diablo Canyon Power Plant (DCPP). The ISFSI will be located approximately 0.22 miles northeast of the Unit 1 reactor, at latitude 35E 13' N and longitude 120E 51' W (approximately).

C. Kofron Additionally, three areas to be used for disposal of excavated material are all within 2800 feet of the ISFSI. The ISFSI site and all three disposal sites have been previously disturbed during plant-related construction.

Please provide us with your current official species list for the proposed project area at your earliest opportunity, so that we may complete our EA. After assessing the information provided by you, we will determine whether any additional actions are necessary to comply with the Section 7 consultation process.

If you have any questions, please contact me at (301) 415-1336.

Sincerely,

/RA/

James R. Hall, Senior Project Manager Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Docket Nos: 72-26, 50-275, 50-323

C. Kofron August 14, 2003 Additionally, three areas to be used for disposal of excavated material are all within 2800 feet of the ISFSI. The ISFSI site and all three disposal sites have been previously disturbed during plant-related construction.

Please provide us with your current official species list for the proposed project area at your earliest opportunity, so that we may complete our EA. After assessing the information provided by you, we will determine whether any additional actions are necessary to comply with the Section 7 consultation process.

If you have any questions, please contact me at (301) 415-1336.

Sincerely,

/RA/

James R. Hall, Senior Project Manager Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Docket Nos: 72-26, 50-275, 50-323 DISTRIBUTION:

NRC File Center PUBLIC NMSS r/f SFPO r/f Dockets EWBrach LCamper MWHodges EEaston EKeegan LKokajko, DWM SFlanders, DWM MBlevins, DWM DSpitzberg, RIV BMaier, RIV GShukla, NRR SLewis, OGC ACoggins, OGC NJensen, OGC C:\ORPCheckout\FileNET\ML032310209.wpd ML032310209 OFC: SFPO SFPO C SFPO NAME: JRHall EZiegler JMonninger DATE: 08/14 /03 08/14 /03 08/14 /03 OFFICIAL RECORD COPY

Diablo Canyon Power Plant, Units 1 and 2 cc: w/o enclosure NRC Resident Inspector Christopher J. Warner, Esq.

Diablo Canyon Nuclear Power Plant Pacific Gas & Electric Company c/o U.S. Nuclear Regulatory Commission Post Office Box 7442 P.O. Box 369 San Francisco, CA 94120 Avila Beach, CA 93424 Mr. David H. Oatley, Vice President Dr. Richard Ferguson, Energy Chair Diablo Canyon Operations and Sierra Club California Plant Manager 1100 11th Street, Suite 311 Diablo Canyon Nuclear Power Plant Sacramento, CA 95814 P.O. Box 3 Avila Beach, CA 93424 Diane Curran Harmon, Curran, Spielberg, & Eisenberg, Telegram-Tribune L.L.P ATTN: Managing Editor 1726 M Street N.W., Suite 600 1321 Johnson Avenue Washington, D.C. 20036 P.O. Box 112 San Luis Obispo, CA 93406 Rochelle Becker San Luis Obispo Mothers for Peace Mr. Ed Bailey, Radiation Program Director 1037 Ritchie Rd. Radiologic Health Branch Grover Beach, CA 93433 State Department of Health Services P.O. Box 942732 (MS 178)

Chairman, San Luis Obispo County Sacramento, CA 94327-7320 Board of Supervisors Room 370 Ms. Charlotte Alexander County Government Center Vice President, Special Projects San Luis Obispo, CA 93408 Green Car Group 1241 Johnson Avenue #356 Mr. Truman Burns San Luis Obispo, CA 93401 Mr. Robert Kinosian California Public Utilities Commission Ellen Carroll 505 Van Ness, Room 4102 Environmental Coordinator San Francisco, CA 94102 Department of Planning and Building County of San Luis Obispo Mr. Steve Hsu County Government Center, Room 310 Radiologic Health Branch San Luis Obispo, CA 93408 State Department of Health Services P.O. Box 942732 The Honorable Lois Capps Sacramento, CA 94327-7320 Member, United States House of Representatives Diablo Canyon Independent Safety ATTN: Greg Hass, District Representative Committee 1411 Marsh Street ATTN: Robert R. Wellington, Esq. San Luis Obispo, CA 93401 Legal Counsel 857 Cass Street, Suite D Darcie L. Houck, Staff Counsel Monterey, CA 93940 California Energy Commission 1516 Ninth Street (MS 14)

Regional Administrator, Region IV Sacramento, CA 95814-5512 U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064