ML12060A121

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Request to Include Atlantic Sturgeon in Ongoing Formal Section 7 Consultation at the Salem Nuclear Generating Station, Units 1 and 2
ML12060A121
Person / Time
Site: Salem  PSEG icon.png
Issue date: 03/13/2012
From: Andy Imboden
NRC/NRR/DLR/RERGUB
To: Colligan M
US Dept of Commerce, National Marine Fisheries Service
Balsam B
References
Download: ML12060A121 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 March 13, 2012 Ms. Mary A. Colligan Assistant Regional Administrator for Protected Resources National Marine Fisheries Service Northeast Regional Office 55 Great Republic Drive Gloucester, MA 01930-2276

SUBJECT:

REQUEST TO INCLUDE ATLANTIC STURGEON IN ONGOING FORMAL SECTION 7 CONSULTATION AT THE SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2

Dear Ms. Colligan:

The U.S. Nuclear Regulatory Commission (NRC, the staff) is writing you to request that the Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) be included in the ongoing formal section 7 consultation under the Endangered Species Act of 1973, as amended (ESA), for Salem Nuclear Generating Station, Units 1 and 2 (Salem).

The NRC initiated formal section 7 consultation by letter dated December 13, 2010. The NRC enclosed in that letter the staff's biological assessment, which considered the impacts of the proposed license renewal of Hope Creek Generating Station (HCGS) and Salem operating licenses on shortnose sturgeon (Acipenser brevirosfrum), Atlantic sturgeon (A. oxyrinchus oxyrinchus), and four species of sea turtles.

On April 14, 2011, PSEG Nuclear, LLC (PSEG) notified the NRC via e-mail that a dead Atlantic sturgeon had been found on the Salem intake structure trash bars on March 18, 2011. At that time, the Atlantic sturgeon was a proposed species, and the March 18th impingement was the only known impingement of the species at Salem since it became a proposed species in October 2010. NRC requested a formal conference for the species by letter dated May 2, 2011.

PSEG has not reported any additional instances of Atlantic sturgeon impingements to the NRC to date.

On February 6, 2012, the National Marine Fisheries Service (NMFS) listed five distinct population segments of the Atlantic sturgeon under the ESA (77 FR 5880; 77 FR 5914).

Atlantic sturgeon in the vicinity of Salem are part of the New York Bight distinct population segment; which is listed as endangered. Therefore, the NRC requests that the NMFS include Atlantic sturgeon as part of the ongoing formal section 7 consultation. NRC's December 2010 biological assessment provides an evaluation of the potential adverse effects of the proposed action on the Atlantic sturgeon, and NRC's May 2, 2011, letter provides details on the one known impingement of Atlantic sturgeon at Salem.

M. Colligan -2 The NMFS issued a draft biological opinion for Salem on December 8, 2011. The NRC and PSEG provided comments on the draft biological opinion on January 4, 2011, and January 11, 2011, respectively. At this time, NMFS and NRC are in the process of resolving comments on the draft biological opinion. The NRC understands that the inclusion of the Atlantic sturgeon at this point in the consultation process will likely delay the NMFS's issuance of the final biological opinion.

Please contact Ms. Briana Balsam, biologist, of my staff with any additional information you might need to assess the potential impacts to the Atlantic sturgeon at Salem. You can reach her at 301-415-1042 or bye-mail atBriana.Balsam@nrc.gov. I have also forwarded a copy of this letter to Ms. Julie Crocker of your office. Ms. Crocker has been NRC's main point of contact for the Salem section 7 consultation.

Sincerely, Andrew S. Imboden, Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-272 and 50-311 cc: Listserv

'.. ML12060A121 *concurrence via e-mail OFFICE LA: RPB 1:DLR PM:RERB:DLR AB:RERB:DLR* BC:RERB:DLR NAME YEdmonds BBalsam DLogan Almboden DATE 03/08/12 03/08/12 03/08/12 03/13/2012 Letter to M. Colligan from A. Imboden dated March 13, 2012.

SUBJECT:

REQUEST TO INCLUDE ATLANTIC STURGEON IN ONGOING FORMAL SECTION 7 CONSULTATION AT THE SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2 DISTRIBUTION:

E-MAIL:

PUBLIC RidsNrrDlr Resource RidsNrrDlrRpb1 Resource RidsNrrDlrRpb2 Resource RidsNrrDlrRarb Resource RidsNrrDlrRasb Resource RidsNrrDlrRapb Resource RidsOgcMailCenter Resource RidsNrrSalem BBalsam DLogan Almboden julie.crocker@noaa.gov