ML12138A389

NRC Staff Notification That on 05/16/2012, the Staff Issued a Biological Assessment and Requested Reinitiation of Consultations with NMFS Under Section 7 of the ESA, Regarding Atlantic Sturgeon at Indian Point, Units 2 and 3

ML12138A389
Person / Time
Site:	Indian Point
Issue date:	05/17/2012
From:	Sherwin Turk NRC/OGC
To:	Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML12138A387	List: ML12138A388 ML12138A389 ML12139A421
References
RAS 22474, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML12138A389 (2)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 May 17, 2012 Lawrence G. McDade, Chair Dr. Michael F. Kennedy Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Mail Stop: T-3 F23 Washington, D.C. 20555 Washington, D.C. 20555 Dr. Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Unit Nos. 2 and 3)

Docket Nos. 50-247-LR/286-LR

Dear Administrative Judges:

In a status report filed by the NRC Staff ("Staffl!) on February 8, 2012, the Staff informed the Atomic Safety and Licensing Board ("Board") and parties that the National Marine Fisheries Service ("NMFSI!) had published a notice in the Federal Register, listing the Atlantic sturgeon as an endangered species under the Endangered Species Act ("ESA,,).1 In this regard, the Staff further stated as follows:

The Staff expects to communicate with NMFS and to reinitiate consultations regarding this development under Section 7 of the ESA. The Staff is also considering what effect this development may have on the schedule for issuance of the Draft FSEIS Supplement, in which the Staff plans to address the Biological Opinion and Incidental Take Statement issued by NMFS concerning the endangered shortnose sturgeon. Any delay in the issuance of the Draft FSEIS Supplement could affect the schedule for litigation of Riverkeeper Contention EC-8 (presently deferred),

but would not affect the litigation of any other admitted contention. 2 1 "NRC Staffs Statement in Response to the Atomic Safety and Licensing Board's Order of February 3,2012" (Feb. 8, 2012) at 2, ,-r3(c).

2 'd. at 2-3.

Judge McDade May 17, 2012 Judge Kennedy Judge Wardwell The Staff wishes to inform you that on May 16, 2012, the Staff issued a Biological Assessment and requested reinitiation of consultations with NMFS under Section 7 of the ESA, regarding Atlantic sturgeon at Indian Point Nuclear Generating Units 2 and 3 ("IP2" and "IP3"). A copy of the Staff's letter to NMFS and the attached Biological Assessment (ADAMS Accession No. ML12100A082) is enclosed herewith.

The Staff does not expect this development to affect the issuance of the Draft Supplement to the Staff's Final Supplemental Environmental Impact Statement for license renewal of IP2 and IP3. Further, the Staff does not expect this development to affect the litigation of any admitted contention in this proceeding, with the possible exception of Riverkeeper Contention EC-8 (Endangered Species).

Sincerely,

~~[i~

Sherwin E. Turk Counsel for NRC Staff Encl.: As stated cc w/Encl.: EI E Service List