ML110550751
| ML110550751 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/16/2011 |
| From: | Kurkul P US Dept of Commerce, National Marine Fisheries Service, US Dept of Commerce, National Oceanographic and Atmospheric Administration |
| To: | David Wrona License Renewal Projects Branch 2 |
| References | |
| Download: ML110550751 (2) | |
Text
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UNITED STATES DEPARTMENT OF COMMERCE
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National Oceanic and Atmospheric Administration 0
NATIONAL MARINE FISHERIES SERVICE NORTHEAST REGION 55 Great Republic Drive
- 'Arts of Gloucester, MA 01930-2276 FEB 16 2011 David J. Wrona, Branch Chief Projects Branch 2 Division of License Renewal Office of Nuclear Reactor Program US Nuclear Regulatory Commission Washington, DC 20555-0001 RE: Biological Assessment for License Renewal of the Indian Point Nuclear Generating Unit Nos. 2 and 3
Dear Mr. Wrona:
This correspondence responds to a letter dated December 10, 2010, (received December 16, 2010) regarding the initiation of formal consultation for the proposed renewal by the US Nuclear Regulatory Commission (NRC). of the Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3) operating licenses for a period of an additional 20 years pursuant to Section 7. of the Endangered Species Act (ESA) of 1973, as amended. The current operating licenses for these units expire on September 28, 2013 (IP2) and December 12, 2015f(IP3). Consultation with NOAA's National Marine Fisheries Service (NMFS) regarding the proposed license renewal is appropriate as the action may adversely affect the federally endangered shortnose sturgeon (Acipenser brevirostrum). Accompanying your letter was a revised Biological Assessment (BA) evaluating the impact of the proposed renewal on federally endangered shortnose sturgeon (Acipenser brevirostrum). The original BA was sent to NMFS with a letter dated December 22, 2008, and included a copy of the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 39 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3 Draft Report. In a letter dated February 24, 2009, NMFS requested additional information from NRC before the consultation could be initiated.
The information requested by NMFS is included in the December 10, 2010, letter and accompanying revised BA. All of the information required to initiate a formal consultation has been received. The date that your letter was received (December 16, 2010) will serve as the:*
commencement of the formal consultation process. The ESA and the Section 7 regulations (50 CFR 402.14) require that formal consultation be concluded within 90 calendar days of initiation, and the biological opinion (Opinion) be delivered to the action agency within 45 days after the conclusion of formal consultation (i.e., April 30, 2011), unless extended. In the meantime, pursuant to Section 7(d) of the ESA; the NRC must not make any irreversible.or irretrievable
commitment of resources that would foreclose the formulation or implementation of any reasonable and prudent alternatives to avoid jeopardizing endangered or threatened species.
On October 6, 2010, NMFS published two rules proposing to list four distinct population segments (DPS) of Atlantic sturgeon (Acipenser oxyrinchus oxtyrinchus) as endangered (New York Bight (NYB), Chesapeake Bay, Carolina and Southeast Atlantic) and one DPS as threatened (Gulf of Maine DPS) under the ESA (75 FR 1872). The NYB DPS includes all Atlantic sturgeon whose range occurs in watersheds that drain into coastal waters, including Long Island Sound, the New York Bight, and Delaware Bay, from Chatham, MA to the Delaware-Maryland border on Fenwick Island, as well as wherever these fish occur in coastal bays, estuaries, and the marine environment from the Bay of Fundy, Canada, to the Saint Johns River, FL. Within this range, Atlantic sturgeon have been documented from the Hudson and Delaware rivers as well as at the mouth of the Connecticut and Taunton rivers, and throughout Long Island Sound.
The proposed action by the applicant falls within the geographic range of the NYB DPS of Atlantic sturgeon and this species is known to occur in the action area. Monitoring reports indicate that Atlantic sturgeon have been impinged and/or entrained at the facility in the past.
Under the provisions of 50 CFR §402.10, federal agencies shall confer with NMFS on any action which is likely to jeopardize the continued existence of any proposed species or result in the destruction or adverse modification of proposed critical habitat. Federal action agencies may request a conference on any proposed action that may affect proposed species or proposed critical habitat. As such, as confirmed in correspondence between Andrew Stuyvenberg of your staff and Julie Crocker of NMFS' Protected Resources Division on January 20, 2011, the NRC is requesting a conference regarding the effects of the proposed relicensing of IP2 and IP3 on Atlantic sturgeon. NMFS agrees that a formal conference is appropriate.
I look forward to continuing to work with you and your staff during the consultation process. If you have any questions or concerns about this letter or about the consultation process in general, please contact Julie Crocker at (978) 282-8480 or by e-mail (Julie.Crocker@noaa.gov).
Sincerely, Patricia A. Kurkul Regional Administrator ec:
Crocker, F/NER3 Rusanowsky-F/NER4 Stuyvenberg - NRC File Code: Sec 7 NRC Indian Point Nuclear Plant Relicensing PCTS: F/NERP2009/00619 2