ML100760288

Reinitiation of Formal Consultation for Endangered Sea Turtles at the Oyster Creek Nuclear Generating Station

ML100760288
Person / Time
Site:	Oyster Creek
Issue date:	04/14/2010
From:	Andy Imboden Division of License Renewal
To:	Kurkul P US Dept of Commerce, National Marine Fisheries Service
imboden A, NRR/DLR/RERB/415-2327
References
Download: ML100760288 (6)

Text

April 14, 2010 Patricia A. Kurkul Regional Administrator NMFS Northeast Regional Office 55 Great Republic Drive Gloucester, MA 01930

SUBJECT:

REINITIATION OF FORMAL CONSULTATION FOR ENDANGERED SEA TURTLES AT THE OYSTER CREEK NUCLEAR GENERATING STATION

Dear Ms. Kurkul:

The U.S. Nuclear Regulatory Commission (NRC) requests reinitiation of formal consultation under Section 7 of the Endangered Species Act regarding the continued operation of the Oyster Creek Nuclear Generating Station (OCNGS). The current incidental take statement (ITS) from your November 21, 2006, biological opinion authorizes the annual take no more than eight total sea turtles captured or impinged annually (with no more than three dead), of which three are likely to be loggerheads (with no more than one dead) and no more than one green sea turtle (with no more than one dead). The ITS assumes that all sea turtles captured or impinged have been injured from interactions with the trash bars. The take includes sea turtles that may have died prior to impingement at the OCNGS intakes.

In 2009, OCNGS had 11 incidental total takes of sea turtles, four of which were dead at recovery and one of which died afterwards. Ten of the total turtles were Kemps ridleys and one was an Atlantic green turtle (live). These numbers exceed both the total sea turtle take and the number of dead Kemps ridley turtles. You should have received detailed information on the takes in Excelons Annual Sea Turtle Tale Report for 2009 dated December 31, 2009 (ADAMS Accession Number ML100060068). The NRC requests a reinitiation of formal consultation because OCNGS exceeded the take level authorized by the ITS. As part of this reinitiation of consultation, the NRC requests a revision to the 2006 ITS. Plant design and operating procedures have not changed since the 2006 ITS. In its biological assessment dated March 29, 2005 (ADAMS Accession Number ML050900162), NRC staff anticipated that a trend of increasing takes would continue for some years due in part to modifications to the Barnegat Bay Inlet and in part to increases in turtle populations.

P. Kurkul The sea turtle season at OCNGS begins roughly on June 1st. The NRC looks forward to working closely with National Oceanic and Atmospheric Administration Fisheries in this reinitiation of Section 7 consultation for protection of sea turtles. If you have any questions regarding the staffs request, please contact Dennis Logan of the Environmental Review Branch, Division of License Renewal by phone at 301-415-0490 or by e-mail at dennis.logan@nrc.gov.

Sincerely,

/RA/

Andrew Imboden, Chief Environmental Review Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-219

ML100760288 OFFICE AB:RERB:DLR LA:RPOB: BC:RERB:ASI PM:DORL:GEM NAME DLogan IKing AImboden EMiller DATE 4/07/10 4/5/10 4/14/10 4/7/10 Letter to P. Kurkul from A. Imboden dated April 14, 2010

SUBJECT:

REINITIATION OF FORMAL CONSULTATION FOR ENDANGERED SEA TURTLES AT THE OYSTER CREEK NUCLEAR GENERATING STATION DISTRIBUTION:

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Oyster Creek Nuclear Generating Station cc:

Site Vice President - Oyster Creek Senior Resident Inspector Nuclear Generating Station U.S. Nuclear Regulatory Commission AmerGen Energy Company, LLC P.O. Box 445 P.O. Box 388 Forked River, NJ 08731 Forked River, NJ 08731 Director - Licensing and Regulatory Affairs Senior Vice President- Operations Support AmerGen Energy Company, LLC AmerGen Energy Company, LLC Correspondence Control 4300 Winfield Road P.O. Box 160 Warrenville, IL 60555 Kennett Square, PA 19348 Ms. Kathryn M. Sutton, Esquire Manager Licensing - Oyster Creek Morgan, Lewis, & Bockius LLP Exelon Generation Company, LLC 1111 Pennsylvania Avenue, NW Correspondence Control Washington, DC 20004 P.O. Box 160 Kennett Square, PA 19348 Mr. Patrick Mulligan, Chief Bureau of Nuclear Engineering Mr, Ron Bellamy, Region I New Jersey Department of U.S. Nuclear Regulatory Commission Environmental Protection 475 Allendale Road 25 Arctic Parkway King of Prussia, PA 19406-1415 Ewing, NJ 08638 Correspondence Control Desk Vice President - Licensing and AmerGen Energy Company, LLC Regulatory Affairs 200 Exelon Way, KSA 1-N-1 AmerGen Energy Company, LLC Kennett Square, PA 19348 4300 Winfield Road Warrenville, IL 60555 Plant Manager Oyster Creek Nuclear Generating Station Regional Administrator, Region I AmerGen Energy Company, LLC U.S. Nuclear Regulatory Commission P.O. Box 388 475 Allendale Road Forked River, NJ 08731 King of Prussia, PA 19406-1415 Associate General Counsel Mayor of Lacey Township Exelon Generation Company, LLC 818 West Lacey Road 4300 Winfield Road Forked River, NJ 08731 Warrenville, IL 60555 Manager Regulatory Assurance Chief Operating Officer (COO)

Oyster Creek Generating Station AmerGen Energy Company, LLC AmerGen Energy Company, LLC 4300 Winfield Road P.O. Box 388 Warrenville, IL 60555 Forked River, NJ 08731

Oyster Creek Nuclear Generating Station cc:

Senior Vice President - Mid-Atlantic Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Mr. Michael P. Gallagher Vice-President, License Renewal Exelon Nuclear 200 Exelon Way Kennett Square, PA 19348 Julie Crocker Fisheries Biologist NMFS Northeast Regional Office 55 Great Republic Drive Gloucester, MA 01930 Malcolm Browne Oyster Creek Nuclear Generating Station Exelon Generation 741 U.S. Route 9 South Forked River, NJ 08731-0388 Samuel Collins, Regional Administrator USNRC, Region 1 475 Allendale Road King of Prussia, PA 09406-1415