ML072110510
| ML072110510 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 08/20/2007 |
| From: | Muir J NRC/NRR/ADRO/DLR/REBB |
| To: | Niver R US Dept of Interior, Fish & Wildlife Service |
| Muir, Jesse, PM, REBB, 415-0491 | |
| References | |
| TAC MD2667 | |
| Download: ML072110510 (7) | |
Text
August 20, 2007 Robyn Niver New York Field Office U.S. Fish and Wildlife Service 3817 Luker Road Cortland, NY 13045
SUBJECT:
RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION CONCERNING THE BIOLOGICAL ASSESSMENT FOR JAMES A. FITZPATRICK NUCLEAR POWER PLANT LICENSE RENEWAL APPLICATION REVIEW
Dear Ms. Niver:
The U.S. Nuclear Regulatory Commission (NRC) staff has prepared the enclosed responses to your questions regarding the biological assessment (BA), which was issued by the NRC on May 21, 2007, for the proposed renewal of the James A. FitzPatrick Nuclear Power Plant (JAFNPP) operating license. The BA evaluates whether the proposed license renewal would have any adverse impacts on protected species during an additional twenty years of operation.
In order to facilitate the U.S. Fish and Wildlife Service (FWS) review of the BA, additional information was requested via an e-mail from you dated June 20, 2007, and further discussed during a phone conversation on June 22, 2007, with Ms. Jessie Muir, NRC. During the phone conversation, information was requested regarding vehicular traffic during transmission line right-of-way (ROW) maintenance that may cause injury to the bog turtle (Clemmys muhlenbergii). Additionally, information was requested regarding tree cutting activities within ROWs to fully evaluate the impacts of ROW maintenance on the Indiana bat (Myotis sodalis).
The NRC staff has prepared the attached responses to your request for additional information to assist in the timely review of the JAFNPP BA.
In addition, you requested GIS shapefiles of the ROW vegetation inventory and wetlands. The NRC staff had the opportunity to review these shapefiles when we met with New York Power Authority (NYPA) during the JAFNPP on-site audit in October 2006. Because the NRC does not possess the shapefiles, we are unable to make them available to the public. If you find that you still need these files after reviewing the additional information presented in this letter, please contact Mr. Ed Alkiewicz of NYPA at (914) 681-6200 ext. 3247.
R. Niver This letter acknowledges your request during our phone conversation on June 22, 2007 to extend the review of the BA by one week due to your additional questions and our time needed to respond. If you have any further questions concerning the BA for JAFNPP please contact me at 301-415-0491 or at jmm7@nrc.gov.
Sincerely,
/RA/
Jessie M. Muir, Project Manager Environmental Branch B Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-333
Enclosure:
As stated cc w/encl: See next page
ML072110510 OFFICE DLR/REBA DLR/LA NRO/RENV DLR/REBB/PM DLR/REBB/BC NAME BBalsam SFigueroa MMasnik (w/changes)
JMuir (w/markups)
RFranovich DATE 08/01/07 07/31/07 08/16/07 08/07/07 08/20/07
Enclosure RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION CONCERNING THE BIOLOGICAL ASSESSMENT FOR JAMES A. FITZPATRICK NUCLEAR POWER PLANT LICENSE RENEWAL APPLICATION REVIEW TAC NO. MD2667 DOCKET NO. 50-333 Ms. Robyn Niver, U.S. Fish and Wildlife New York Field Office, has requested the following information regarding transmission line right-of-way (ROW) maintenance in order to complete the review of the U.S. Nuclear Regulatory Commission (NRC) biological assessment (BA) concerning the proposed renewal of the James A. FitzPatrick Nuclear Power Plant (JAFNPP) operating license. The information was requested by Ms. Niver via e-mail on June 20, 2007, and discussed further via phone conversation on June 22, 2007, with Ms. Jessie Muir, NRC, Environmental Project Manager for the JAFNPP license renewal review. Responses to Ms.
Nivers questions were developed through review of the New York Power Authority (NYPA)
System Right-of-Way Management Plan (Accessible at ML063620305), as well as email and phone correspondence with Mr. Edward Alkiewicz of NYPA.
- 1. What type(s) of vehicles are used to cross wetland areas?
For maintenance purposes, if necessary, all-terrain tracked or high flotation vehicles are used to cross wetlands. In some cases, wetland crossings (roads) were installed as part of the original construction of the transmission line and may be used.
- 2. Does ROW maintenance include mowing any areas of wetlands?
Wetland areas will only be mowed, if needed, during times when the ground is frozen or seasonally dry, as indicated in Section Five of the NYPA System Right-of-Way Management Plan. According to Mr. Alkiewicz of NYPA, mowing is typically not undertaken in wetland areas.
There have been instances, however, of mowing to prevent tall growing vegetation from interfering with safe operation of these transmission lines near mid point sag areas with low conductor clearances.
- 3. What herbicides are used in wetland areas?
NYPA does not apply herbicides within 100 feet of wetland areas unless absolutely necessary, as determined by the System Forester or Site Environmental Scientist/
Environmental Manager. Appropriate permits from the New York Department of Environmental Conservation must be obtained before applying herbicides within 50 feet of any wetland area, and only herbicides specifically labeled for water application may be used. These restrictions and requirements are found in Sections Four and Six of the NYPA System Right-of-Way Management Plan.
Enclosure 4. On average, how many dead trees are removed each year as part of ROW maintenance?
No formal accounts of the number of dead trees removed each year from the ROW are made by NYPA. However, according to NYPA, dead trees are not generally cut and removed from the ROW unless they are tall enough to interfere with the safe operation of the transmission line. Otherwise, if the dead tree does not pose a danger to the transmission line structure, it is left in place.
- 5. Are trees with DBH (Diameter at Breast Height) greater than five inches removed regularly, or is vegetation removal generally limited to brush and saplings?
Because NYPAs vegetation management program targets non-compatible vegetation that may breach the wire security zone, most tall growing trees are generally not allowed to grow to maturity and are most often removed before reaching a dbh of 5 inches. However, exceptional circumstances (i.e. transmission line crossing a ravine or gorge) may require the removal of mature trees, on occasion, if growth over a certain height begins to create a hazard to conductors or wires.
- 6. What time of year are trees removed?
The NYPA System Right-of-Way Management Plan indicates that vegetation management activities usually occur between April and December. Activities may include herbicide application and tree cutting. Danger trees along the edge of the ROW may be removed during other periods as schedule and weather conditions permit.
FitzPatrick Nuclear Power Plant cc:
Mr. Michael R. Kansler President & CEO / CNO Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John T. Herron Sr. Vice President Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Sr. Vice President Engineering & Technical Services Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. Peter T. Dietrich Site Vice President Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093 Mr. Kevin J. Mulligan General Manager, Plant Operations Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093 Mr. Oscar Limpias Vice President Engineering Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. Joseph P. DeRoy Vice President, Operations Support Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John A. Ventosa GM, Engineering Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Nuclear Safety & Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Ms. Charlene D. Faison Manager, Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Ernest J. Harkness Director, Oversight Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. Michael J. Colomb Director of Oversight Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093 Mr. James Costedio Manager, Licensing Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093
FitzPatrick Nuclear Power Plant cc: Mr. William C. Dennis Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspectors Office James A. FitzPatrick Nuclear Power Plant U.S. Nuclear Regulatory Commission P.O. Box 136 Lycoming, NY 13093 Mr. Michael Balboni Deputy Secretary for Public Safety State Capitol, Room 229 Albany, NY 12224 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mr. John P. Spath New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy New York State Depart. of Public Service 3 Empire State Plaza Albany, NY 1223-1350 Oswego County Administrator Mr. Steven Lyman 46 East Bridge Street Oswego, NY 13126 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. James H. Sniezek BWR SRC Consultant 5486 Nithsdale Drive Salisbury, MD 21801-2490 Mr. Michael D. Lyster BWR SRC Consultant 5931 Barclay Lane Naples, FL 34110-7306 Mr. John Doering BWR SRC Consultant P.O. Box 189 Parker Ford, PA 19457 Ms. Julie Keys Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708 Edward Alkiewicz Manager of Environmental Studies and Remediation New York Power Authority 123 Main St.
White Plains, NY 10601