ML060240452

Comment Letter from Us Department of Commerce National Oceanic and Atmospheric Administration on BSEP

ML060240452
Person / Time
Site:	Brunswick
Issue date:	09/19/2005
From:	Crabtree R US Dept of Commerce, National Marine Fisheries Service, US Dept of Commerce, National Oceanographic and Atmospheric Administration
To:	Kuo P NRC/NRR/ADRO/DLR
References
Download: ML060240452 (2)

Text

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration T>tCp' NATIONAL MARINE FISHERIES SERVICE I^g Southeast Regional Office 263 13'h Avenue South St. Petersburg, FL 33701 (727) 824-5312; FAX 824-5309 http

• //sero.nmfs.noaa. -ov SEP 19 2005 F/SER31:WW Pao-Tsin Kuo License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Washington, DC 20555-0001

Dear Mr. Pao-Tsin Kuo:

This is in response to the Nuclear Regulatory Commission's (NRC) letter dated August 9, 2005, and attached biological assessment (BA) dated August 2005 regarding license renewal of the Brunswick Steam Electric Plant. In your letter and BA, you requested informal cs titihe continued operation of the Brunswick Steam Electric Plant for the 20years and itsotential impact on listed species under the jurisdiction of NOAA's aii 10isheries Service (NMFS). This letter also refers to the currently effective Biological Opinion and incidental take statement issued by NMFS January 20, 2000. The Brunswick Steam Electric Plant is located on the Cape Fear River Estuary in Brunswick County, North Carolina.

On January 20, 2000, NMFS issued a biological opinion and incidental take statement concerning the operation of the cooling water intake system of the Brunswick Steam Electric Plant over the next 20 years. Section 7 of the Endangered Species Act (ESA) outlines four general conditions for reinitiating consultation: 1) The amount or extent of incidental take is exceeded; 2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; 3) the action is modified in a manner causing effects to listed species or critical habitat not previously considered; 4) a new species is listed or critical habitat designated that may be affected by the action.

Based on the information provided in the August 2005 BA and annual reports on incidental take received from the Brunswick Steam Electric Plant since issuance of the January 20, 2000, biological opinion, a need for reinitiation does not exist. The facility has not exceeded nor approached its allowable incidental take. The BA indicates that there is no new information on the effects of the plant operation not previously considered, and the action has not been modified in such a manner as to cause effects to listed species or critical habitat not previously considered. No new species or critical habitat have been listed or designated in the area of the Brunswick Plant that may be affected by its operation.

In accordance with Section 7 of the ESA and the requirements for reinitiation, NMFS does not deem reinitiation appropriate at this time and considers its January 20, 2000, biological opinion in full force and effect for the continued operation of the Brunswick Plant until such time as one of the 4 criteria for reinitiation under Section 7 of the ESA is met.

This concludes the NRC's consultation responsibilities under the ESA for species under NMFS' purview. Consultation must be reinitiated if a take occurs or new information reveals effects of the action not previously considered, or the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat in a manner or to an extent not previously considered, or if a new species is listed or critical habitat designated that may be affected by the identified action.

Thank you for your continued cooperation in the conservation of threatened and endangered species under NMFS purview. If you have any questions about the information contained in this letter, please contact Mr. Walt Wilson, fisheries biologist at (727) 824-5327.

Sincerely yours, y E. Crabtree, Ph.D.

Regional Administrator cc: F/PR3 F/SER43 Thompson File: 1514-22.M.2 NRC Brunswick Ref: I/SER/2005/04312