ML12221A033

Response to Request for Additional Review Time for Endangered Species Act Section 7 Consultation at Indian Point Nuclear Generating Unit Nos. 2 and 3

ML12221A033
Person / Time
Site:	Indian Point
Issue date:	08/17/2012
From:	Amy Hull NRC/NRR/DLR/RERGUB
To:	Morris D US Dept of Commerce, National Marine Fisheries Service
Wentzel M, 415-6459
References
Download: ML12221A033 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 17, 2012 Mr. Daniel S. Morris Acting Regional Administrator National Marine Fisheries Service Northeast Region 55 Great Republic Drive Gloucester, MA 01930-2276

SUBJECT:

RESPONSE TO REQUEST FOR ADDITIONAL REVIEW TIME FOR ENDANGERED SPECIES ACT SECTION 7 CONSULTATION AT INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3

Dear Mr. Morris:

We have reviewed your August 3, 2012, letter regarding extending the consultation period for the Endangered Species Act (ESA) Section 7 consultation for Entergy Nuclear Operation's (Entergy's) Indian Point Nuclear Generating Unit Nos. 2 (IP2) and 3 (IP3). As you indicated, on July 23,2012, Entergy submitted a report to you with a copy to us that provides new information and a new hypothesis regarding the cause of impingement list sturgeon at IP2 and IP3. You have determined that, in accordance with 50 CFR 402. 14(c-g), the consultation period should be extended to allow you time to review Entergy's report and determine how or if you should incorporate the information into the biological opinion that you are presently drafting. You asked if the U.S. Nuclear Regulatory Commission (NRC or the staff) has any objection to this request and if NRC or Entergy intends to submit any additional information to the National Marine Fisheries Service (NMFS) regarding the consultation.

The NRC staff has no plans to submit any additional information. We have consulted with Entergy, which has told us that it also has no plans to submit any additional information. The NRC staff is reviewing Entergy's report at this time. We have no objection to your request for an additional 60 days and recognize that an extension of greater than 60 days would require Entergy's consent. We understand that with this 60-day extension you anticipate providing the NRC a draft biological opinion on October 22 for a two-week review and completing consultation by November 28. 2012.

D. Morris -2 We also look forward to working cooperatively with you and Entergy throughout the consultation. If you have any questions concerning this response, please contact Mr. Michael Wentzel, License Renewal Project Manager, by phone at 301-415-6459 or bye-mail at MichaeI.Wentzel@nrc.gov.

Sincerely,

~,~

/

Amy Hull, Ph.D., Acting Chief Environment Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Listserv

'.. ML12221A033 OFFICE PM:RPB2:DLR LARPB2:DLR RERB:DLR BC:RERB:DLR NAME MWentzel IKing DLogan AHull DATE 8/6/12 8/14/12 8/17112 8/17/12