ML070360071

Letter from NOAA-National Marine Fisheries Service Dated January 23, 2007 Regarding Essential Fish Habitat Request for Consultation for the Pilgrim Nuclear Power Station

ML070360071
Person / Time
Site:	Pilgrim
Issue date:	01/23/2007
From:	Colosi P US Dept of Commerce, National Oceanographic and Atmospheric Administration
To:	Kuo P NRC/NRR/ADRO/DLR
References
Download: ML070360071 (3)

Text

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W'CN UNITED STATES DEPARTMENT OF COMMERCE

( *f' \ National Oceanic and Atmospheric Administration

. NATIONAL MARINE FISHERIES SERVICE NORTHEAST REGION One Blackburn Drive

,'v=sofpt Gloucester, MA 01930-2298 JAN 2 332007 Dr. Pao-Tsin Kuo, Acting Director Division of License Renewal Office of Nuclear Reactor Regulation U.S. Nuclear Regulator Commission Washington, DC 20555-0001

Dear Dr. Kuo:

The National Marine Fisheries Service (NMFS) has reviewed the Generic Environmental Impact Statement (GELS) Supplement 29 and Essential Fish Habitat (EFH) assessment regarding the proposed renewal of the operating license for the Pilgrim Nuclear Power Station in Plymouth, MA. The proposed action by the US Nuclear Regulatory Commission (NRC) is to renew the operating license for the facility, with. no physical alterations or construction proposed. The Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Fish and Wildlife Coordination Act (FWCA) require federal agencies to consult with one another on projects such as this. As stated in your December 8, 2006 letter, the NRC is requestifig initiation of EFH consultation with NMFS.

Based on our review of the GEIS, NMFS concurs with the NRC's determination that adverse impacts on living marine iesources and habitats will occur as a result of the operation of the facility. Specific issues of concern include the impingement and entrainment of fishery resources resulting from the intake of water for cooling purposes as well as the discharge of heated effluent into Cape Cod Bay. The GElS states that operational impacts will result in adverse effects to winter flounder (Pseudopleuronectes americanus)and rainbow smelt (Osmerus mordax). Furthermore, the NRC states that additional mitigation for the cooling system components and operations may further reduce impingement and entrainment impacts.

We note the NRC's position that operational activities including the intake of cooling water, the discharge of.heated effluent, and/or mitigation conditions are under the sole authority of the US Environmental Protection Agency (EPA) through their National Pollutant Discharge Elimination System (NPDES) permitting process, pursuant to Section 316(a)(b) of the Federal Clean Water Act. As such, the NRC does not intend to incorporate any mitigation conditions to offset impacts on NMFS trust resources. As noted within the GEIS, the EPA is currently in the process of developing a demonstration document f6r~the reissuance of the NPDES permit. Based on this information, NMFS has determined that our issues of concern relative to living marine resources and EFH would be most appropriately addressed through the EPA's NPDES permit renewal process. As such, NMFS will not be providing the NRC with EFH conservation recommendations regarding the LicenseRenewal for tliePilgrim Nuclear Power Plant. 'Rather, NMFS Wil,

perform a detailed review of the proposed project within the NPDES permit renewal process and potentially provide EFH conservation recommendations at that time.

Although NMFS is concluding the EFH consultation without providing conservation recommendations, we strongly encourage the NRC to continue to characterize and evaluate impacts on EFH and other living marine resources as part of its National Environmental Policy Act review process. Please note that these comments refer to the NRC's consultation with NMFS relative to the MSA and the FWCA. Comments relative to the Section 7 Endangered Species Act consultation will be provided by NMFS Protected Resources Division under separate cover. Should you have questions regarding these comments, please contact Christopher Boelke at (978) 281-9131. Thank you for your continued coordination with our agency on this important project.

Sincerely,

(

Peter D. Colosi, Jr.

Assistant Regional Administrator for Habitat Conservation Cc: David Webster, US EPA John Nagle, US EPA Alicia Williamson, NRC Colligan, Crocker, PRD

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