ML071240097

04/17-18/2007 Summary of Meeting Regarding Formal Consultation Under Section 7 of the Endangered Species Act Regarding Operation of the St. Lucie Nuclear Power Plant

ML071240097
Person / Time
Site:	Saint Lucie
Issue date:	06/13/2007
From:	Nash H NRC/NRR/ADRO/DLR/REBA
To:	Foster S, Norton S Florida Power & Light Co, US Dept of Commerce, National Marine Fisheries Service
Wexler, Elizabeth - NRR/REBA - 415-1522
References
FOIA/PA-2008-0043, TAC MD4260, TAC MD4261
Download: ML071240097 (8)

Text

June 13, 2007 Stacy Foster Florida Power & Light Company Environmental Services 700 Universe Blvd.

Juno Beach, FL 33408 Shelley Norton National Marine Fisheries Service 263 13th Avenue South St. Petersburg, FL 33701

SUMMARY

OF APRIL 17-18, 2007 SITE VISIT REGARDING FORMAL CONSULTATION UNDER SECTION 7 OF THE ENDANGERED SPECIES ACT REGARDING OPERATION OF THE ST. LUCIE NUCLEAR POWER PLANT (TAC NOS. MD4260 AND MD4261)

Dear Ms. Foster and Ms. Norton:

Under Section 7 of the Endangered Species Act, the U.S. Nuclear Regulatory Commission (NRC) reinitiated formal consultation with the National Marine Fisheries Service (NMFS) regarding the continued operation of the St. Lucie Nuclear Power Plant (SLNPP), after the incidental take limit for sea turtles was exceeded in 2006. At that time, NRC and NMFS were already in consultation regarding the capture of a smalltooth sawfish (Pristis pectinata) at SLNPP, and the agencies agreed that the consultations could be combined for a comprehensive biological opinion addressing sea turtles and the smalltooth sawfish.

On April 17-18, 2007, representatives of the NRC, NMFS, and Florida Power & Light Company (FPL) met to observe the inspection of the southern 12-ft-diameter intake pipe and discuss possible mitigation measures to reduce impingement and entrainment of protected marine species, specifically sea turtles and smalltooth sawfish, at SLNPP.

As a result of the October 2006 loggerhead turtle (Caretta caretta) hatchling impingements at the intake wells, NRC, NMFS, and FPL discussed potential mitigation measures. As a result of a conference call with FPL, NRC, NMFS, and Florida Fish and Wildlife Conservation Commission (FWC) staff, on April 30, 2007, NRC and NMFS suggested that FPL implement measures along the banks of the intake canal east of the 5-in. turtle net, so that a turtle crawl would be visible. NRC and NMFS suggested that this prudent measure should be implemented as soon as possible since the 2007 sea turtle nesting season has already begun.

During the April 2007 outage at SLNPP, FPL inspected the intake and discharge pipes.

Inspection results are expected to identify the amount and location of any significant biofouling and debris accumulation that extend into the flow path of the intake pipes. NRC and NMFS suggested that FPL develop an implementation plan based on the pipe inspection report

S. Foster and S. Norton for cleaning the intake pipes during the fall 2007 outage, to remove protruding debris that may adversely affect animals entrained into the intake canal. NRC and NMFS suggested that FPL should coordinate and obtain concurrence of the implementation plan from the NRC and NMFS prior to implementation. NRC and NMFS believe that removal of significant biofouling and debris could reduce adverse effects on animals entrained into the intake canal. Also, such improvements would likely need to be evaluated for potential effects in the discharge canal.

The cooling system is composed of both intake and discharge components whose functions are interdependent. If changes or improvements are made to one component, the other component would likely be affected.

The exploration of the intake pipes also revealed a dead-end section in each 12-ft-diameter intake pipe. A live green turtle (Chelonia mydas) was discovered in the dead-end section of the southern 12-ft-diameter intake pipe. The NRC, NMFS, and FPL observed the turtle breathe from an air pocket in the dead-end pipe section. FPL was able to blow air into that section so the turtle could continue breathing from the pocket overnight. This event, however, revealed the potential for animals to be trapped in this section, and since it has no functional purpose, NRC and NMFS suggested that FPL seal off the dead-end sections of the 12-ft-diameter intake pipes during the fall 2007 outage.

To reduce the potential for incidental takes in 2007, NRC and NMFS suggested that FPL should employ several mitigation measures: cut back existing vegetation along the banks of the intake canal, remove protruding debris in the intake pipes, and seal off the dead-end sections of the intake pipes. In addition, the agencies suggested that FPL should develop a plan to install excluder devices at the velocity caps to prevent large marine organisms, such as adult sea turtles and smalltooth sawfish, from entering the intake pipes. NRC and NMFS observed that the design and installation of such devices would likely be a longer-term project, but suggested to FPL that this project should be done as soon as possible, with a proposed implementation plan to be provided for this project no later than September 30, 2007. Finally, NRC and NMFS suggested that if FPL conducts any dredging, bank restoration, or other similar activities within the intake canal, FPL should work with NRC and NMFS to identify appropriate mitigation measures to ensure the safety of any marine organisms that might be affected.

NRC plans to submit to NMFS a biological assessment regarding sea turtles and foreseeable future activities at SLNPP that may affect protected marine species. NRC and NMFS suggested that after receiving the final pipe inspection report, FPL should submit to NRC any new or updated information, including an updated description of the cooling system if necessary, for inclusion in the biological assessment for sea turtles.

At the meeting, several changes were suggested to FPLs smalltooth sawfish handling, transportation, and release protocol; FPL should send the revised document to NRC and NMFS for approval. Also, the NRC and NMFS agreed that FPL should continue communicating with both agencies regarding the design and implementation of any mitigation measures and projects that could affect protected marine species.

FPL agreed to take the NRC and NMFS suggestions under advisement. The parties agreed that all proposed recommendations would be discussed further among the parties prior to issuance of a final biological opinion.

S. Foster and S. Norton If there are any questions regarding this meeting summary or the recommendations described, please contact Dr. Dennis Logan at DTL1@nrc.gov. or 301-415-0490.

Sincerely,

/RA/

Harriet Nash, Environmental Scientist Environmental Branch A Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389 cc: See next page

S. Foster and S. Norton If there are any questions regarding this meeting summary or the recommendations described, please contact Dr. Dennis Logan at DTL1@nrc.gov. or 301-415-0490.

Sincerely,

/RA/

Harriet Nash, Environmental Scientist Environmental Branch A Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389 cc: See next page Adam Accession No. ML071240097 OFFICE DLR:REBA:AB DLR:LA DLR:REBA:ES OGC DLR:REBA:BC NAME E. Wexler S. Figueroa H. Nash A. Curatola E. Benner DATE 06/13/07 06/12/07 06/13/07 06/05/07 06/13/07 OFFICIAL RECORD COPY

Letter to S. Foster and S. Norton from H. Nash dated June 13, 2007

SUMMARY

OF APRIL 17-18, 2007 MEETING REGARDING FORMAL CONSULTATION UNDER SECTION 7 OF THE ENDANGERED SPECIES ACT REGARDING OPERATION OF THE ST. LUCIE NUCLEAR POWER PLANT (TAC NOS. MD4260 AND MD4261)

DISTRIBUTION:

Hard Copy:

H. Nash E. Wexler D. Logan E. Benner B. Mozafari

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

Mr. William E. Webster Mr. Christopher R. Costanzo Vice President, Nuclear Operations Plant General Manager Florida Power & Light Company St. Lucie Nuclear Plant P.O. Box 14000 6351 South Ocean Drive Juno Beach, FL 33408-0420 Jensen Beach, FL 34957 Senior Resident Inspector Mr. Terry Patterson St. Lucie Plant Licensing Manager U.S. Nuclear Regulatory Commission St. Lucie Nuclear Plant P.O. Box 6090 6351 South Ocean Drive Jensen Beach, FL 34957 Jensen Beach, FL 34957 Craig Fugate, Director Mr. Rajiv S. Kundalkar Division of Emergency Preparedness Vice President - Nuclear Engineering Department of Community Affairs Florida Power & Light Company 2740 Centerview Drive P.O. Box 14000 Tallahassee, FL 32399-2100 Juno Beach, FL 33408-0420 M. S. Ross, Managing Attorney Mr. J. Kammel Florida Power & Light Company Radiological Emergency Planning P.O. Box 14000 Administrator Juno Beach, FL 33408-0420 Department of Public Safety 6000 Southeast Tower Drive Marjan Mashhadi, Senior Attorney Stuart, FL 34997 Florida Power & Light Company 801 Pennsylvania Avenue, NW Mr. Bill Parks Suite 220 Operations Manager Washington, DC 20004 St. Lucie Nuclear Plant 6351 South Ocean Drive Mr. Douglas Anderson Jensen Beach, Florida 34957-2000 County Administrator St. Lucie County Mr. Seth B. Duston 2300 Virginia Avenue Training Manager Fort Pierce, Florida 34982 St. Lucie Nuclear Plant 6351 South Ocean Drive Mr. William A. Passetti, Chief Jensen Beach, FL 34957-2000 Department of Health Bureau of Radiation Control Mr. Gordon A. Clefton 2020 Capital Circle, SE., Bin #C21 Nuclear Energy Institute Tallahassee, FL 32399-1741 1776 I Street, NW., Suite 400 Washington, DC 20006-3708 Mr. Gordon L. Johnson Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, FL 34957-2000