ML12101A395

Conclusion of Efh Consultation for Columbia Generating Station and Efh Consultation Report

ML12101A395
Person / Time
Site:	Columbia
Issue date:	05/04/2012
From:	Balsam B, Logan D NRC/NRR/DLR/RERGUB
To:	Susco J NRC/NRR/DLR/RERGUB
Balsam B
References
Download: ML12101A395 (84)

Text

May 4, 2012 MEMORANDUM TO: Jeremy J. Susco, Acting Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation FROM: Briana Balsam, Biologist /RA/

Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Dennis Logan, Aquatic Ecologist /RA/

Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation

SUBJECT:

CONCLUSION OF EFH CONSULTATION FOR COLUMBIA GENERATING STATION AND EFH CONSULTATION REPORT The U.S. Nuclear Regulatory Commission (NRC) has met its statutory obligations to engage in essential fish habitat (EFH) Consultation with the National Marine Fisheries Service (NMFS) pursuant to Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act for the proposed license renewal of Columbia Generating Station (Columbia).

The enclosed EFH Consultation Report summarizes the consultation and includes the staffs EFH Assessment and all relevant correspondence between the NRC and NMFS pursuant to the consultation. Dennis Logan, Aquatic Biologist, and Briana Balsam, Biologist, were the main points of contact for this consultation.

Docket No. 50-397

Enclosure:

EFH Consultation Report

ML12101A395 OFFICE RERB:DLR LA:RPB1:DLR OGC (NLO) RERB:DLR RERB: DLR NAME BBalsam YEdmonds LSubin BBalsam DLogan DATE 04/16/12 04/16/12 04/25/12 04/26/12 05/04/12 Memo to J. Susco from B. Balsam dated May 4, 2012

SUBJECT:

CONCLUSION OF EFH CONSULTATION FOR COLUMBIA GENERATING STATION AND EFH CONSULTATION REPORT DISTRIBUTION:

HARD COPY:

E-MAIL:

PUBLIC JSusco BBalsam DLogan PCooper LSubin

EFH Consultation Report Columbia Generating Station License Renewal April 2012 Docket Number 50-397 U.S. Nuclear Regulatory Commission Rockville, Maryland Prepared by:

Briana Balsam Division of License Renewal Office of Nuclear Reactor Regulation

EFH Consultation Report for Columbia Generating Station License Renewal Introduction Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA),

as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267) directs Federal agencies to consult with the National Marine Fisheries Service (NMFS) to ensure that any action that the agency authorizes, funds, or undertakes does not does not adversely affect any essential fish habitat (EFH) identified under the MSA.

This report summarizes the U.S. Nuclear Regulatory Commission (NRC; the staff)s efforts to comply with the MSA during the staffs review of Energy Northwests license renewal application for Columbia Generating Station (Columbia), located in the town of Benton County, Washington.

EFH Consultation History In a letter dated January 20, 2010, Energy Northwest submitted an application to the NRC to issue a renewed operating license for Columbia that, if granted, would allow the facility to operate for an additional 20-year period beyond the initial 40-year licensing term. The current licensing term ends on December 20, 2023. As part of the NRCs environmental review for the proposed license renewal, the NRC staff coordinated with the NMFS to determine potential adverse impacts to designated EFH. The staff also performed a concurrent assessment of potential impacts to all environmental resources, which is documented in NUREG-1437, Supplement 47, the NRCs supplemental environmental impact statement (SEIS) for Columbia license renewal, which the NRC prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA).

On May 3, 2010, the NRC requested information from the NMFS on EFH designated within the vicinity of Columbia. The NMFS replied to this request by letter dated June 23, 2010. The NMFS indicated that the upper Columbia River Chinook (Oncorhynchus tshawytscha) and coho salmon (O. kisutch) have EFH in the Columbia River and that NRC should analyze potential adverse impacts of the proposed license renewal on their EFH.

The staff used NMFSs letter, ecological studies, and other relevant information to evaluate the potential impacts to designated EFH. The staff documented this review in a combined biological assessment and EFH Assessment, which appears in Appendix D-1 of the SEIS. In the EFH Assessment portion of the document, the NRC considered upper Columbia River Chinook salmon (spring, summer, and fall runs) and coho salmon EFH and concluded that the proposed license renewal would have minimal adverse effects on each species.

The NRC forwarded its draft SEIS containing the combined biological assessment and EFH Assessment to the NMFS by letter dated August 23, 2011. The NRC requested that the NMFS respond in writing to the EFH Assessment within 30 days per the abbreviated EFH Consultation timing stipulations at 50 CFR 600.920(h)(4).

The EFH regulations stipulate that in response to a Federal agencys request for abbreviated consultation, the NMFS must either:

(1) formally or informally notify the Federal agency that it concludes that the action would not adversely affect EFH, (2) request in writing that the Federal agency initiate expanded consultation in cases where NMFS believes the action may result in substantial adverse effects, or 1

(3) provide the Federal agency with EFH Conservation Recommendations, if appropriate, pursuant to section 305(b)(4)(A) of the MSA.

To date, the NMFS has not sent NRC a written request for expanded EFH Consultation or provided the NRC with EFH Conservation Recommendations. The NRC has completed its EFH Assessment and has made an effort to coordinate with the NMFS through several telephone conversations concerning the proposed Columbia license renewal. During these phone conversations, the NMFS requested additional information concerning species listed under the Endangered Species Act pursuant to informal section 7 consultation. However, at no point during this process has the NMFS has indicated that it intends to formulate EFH Conservation Recommendations for Columbia, and the timeline for both abbreviated and expanded consultation has passed. In cases where NMFS does not provide a Federal agency with EFH Conservation Recommendations, the MSA regulations do not require Federal agencies to take further action. Thus, the staff believes that NRC has met its obligations under the MSA and considers EFH Consultation concluded for the proposed Columbia license renewal.

Relevant Correspondence The table below lists all relevant letters, e-mails, and other correspondence related to the NRCs assessment of EFH for the proposed Columbia license renewal. Copies of each item appear chronologically in Appendix A.

May 3, 2010 Letter from B. Pham, RPB1 Chief, NRC, to B. Thom, Northwest Regional Administrator, NMFS.

Subject:

Request for list of protected species and essential fish habitat within the area under evaluation for the Columbia Generating Station license renewal application. ML100980161.

June 2, 2010 Letter from B. Suzumoto, Northwest Assistant Regional Adminstrator, NMFS, to B. Pham, RPB1 Chief, NRC.

Subject:

Columbia Generating Station license renewal, request for species list for consultation.

ML101830405.

August 23, 2011 Letter from D. Wrona, RPB2 Chief, NRC, to R. Domingue, Portland Hydropower Division, NMFS.

Subject:

Biological assessment for informal section 7 consultation and request to initiate abbreviated EFH Consultation for license renewal of Columbia Generating Station.

ML11165A023.

August 23, 2011 Biological Assessment and Essential Fish Habitat Assessment for Columbia Generating Station License Renewal. Appendix D-1 to NUREG-1437, Supplement 47. ML11227A007.

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APPENDIX A EFH CONSULTATION CORRESPONDENCE

A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14 A-15 A-16 A-17 A-18 A-19 A-20 A-21 A-22 A-23 A-24 A-25 A-26 A-27 A-28 A-29 A-30 A-31 A-32 A-33 A-34 A-35 A-36 A-37 A-38 A-39 A-40 A-41 A-42 A-43 A-44 A-45 A-46 A-47 A-48 A-49 A-50 A-51 A-52 A-53 A-54 A-55 A-56 A-57 A-58 A-59 A-60 A-61 A-62 A-63 A-64 A-65 A-66 A-67 A-68 A-69 A-70 A-71 A-72 A-73 A-74 A-75 A-76 A-77