ML13079A297
| ML13079A297 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/16/2013 |
| From: | Pickett D Plant Licensing Branch 1 |
| To: | Entergy Nuclear Operations |
| Pickett D | |
| References | |
| TAC MF1127, TAC MF1128 | |
| Download: ML13079A297 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 16, 2013 Vice President, Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249
SUBJECT:
INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 - REQUEST FOR INFORMATION PURSUANT TO NATIONAL MARINE FISHERIES SERVICE'S BIOLOGICAL OPINION FOR SHORTNOSE AND ATLANTIC STURGEON (TAC NOS. MF1127 AND MF1128)
Dear Sir or Madam:
This letter requests information from Entergy Nuclear Operations, Inc (Entergy) that the U.S.
Nuclear Regulatory Commission (NRC) needs to fulfill its obligations under the Endangered Species Act of 1973 (Act or ESA), 16 U.S.C. 1531 et seq. Section 2(c}(1) of the Act declares the policy of Congress is "that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act," 16 U.S.C. 1531 (c). Title 50 of the Code of Federal Regulations Part 402 (50 CFR Part 402) implements and interprets Sections 7(a}-(d} of the Act, 16 U.S.C. 1536, and describes interagency cooperation and Federal agency actions and consultations. Section 7(a)(2) of the Act requires every Federal agency, in consultation with and with the assistance of the Secretary [of either the Interior or Commerce, depending on the jurisdiction] to ensure that any action it authorizes, funds, or carries out in the United States is not likely to jeopardize the continued existence of any species listed as endangered or threatened, or result in the destruction or adverse modification of any critical habitat of such species. Federal actions subject to the ESA include issuing or renewing licenses to operate a nuclear power plant.
Under Section 7 of the ESA, the NRC staff initiated consultation with the National Marine Fisheries Service (NMFS) for shortnose sturgeon (Acipenser brevirostrum) in a letter dated December 22, 2008, upon publication of the draft supplemental environmental impact statement for license renewal for Indian Point Nuclear Generating Unit Nos. 2 and 3 (lP2 and IP3). After extended formal consultation between NMFS and the NRC, NMFS issued its final biological opinion for shortnose sturgeon on October 14,2011, which concluded the Section 7 consultation for IP2 and IP31icense renewal.
On February 6, 2012, NMFS listed five distinct population segments (DPSs) of the Atlantic sturgeon (A. oxyrinchus oxyrinchus) under the ESA. In the Hudson River near IP2 and IP3, Atlantic sturgeon belong primarily to the New York Bight DPS, which NMFS listed as endangered in February 2012. On May 16,2012, in response to the listing, the NRC staff prepared and submitted a biological assessment to NMFS, along with a request to reinitiate Section 7 consultation for the newly-listed Atlantic sturgeon. The reinitiated consultation began the next day, May 17, when NMFS received NRC's biological assessment.
- 2 In accordance with 50 CFR 402.14(1), NMFS issued a final biological opinion on January 30, 2013, regarding the effects to endangered shortnose and Atlantic sturgeon resulting from operation of IP2 and IP3 for the remainder of the current operating license terms and the proposed renewed license terms. The NRC transmitted the final biological opinion to Entergy bye-mail on January 31, 2013, followed by a letter copy on March 26,2013.
After reviewing the proposed action, the status of the species, the environmental baseline, the effects of the action, and the cumulative effects including climate change, NMFS concluded in its biological opinion that:
... the continued operation of Indian Point Unit 2 is likely to adversely affect but is not likely to jeopardize the continued existence of shortnose sturgeon or the New York Bight, Gulf of Maine or Chesapeake Bay DPS [distinct population segments]
of Atlantic sturgeon. It is also NMFS' biological opinion that the continued operation of Indian Point Unit 3 is likely to adversely affect but is not likely to jeopardize the continued existence of shortnose sturgeon or the New York Bight, Gulf of Maine or Chesapeake Bay DPS of Atlantic sturgeon. No critical habitat is designated in the action area; therefore, none will be affected by the proposed action.
Biological opinion at 126.
In accordance with Sections 7(b)(4) and 7(0)(2) of the ESA, the biological opinion includes an Incidental Take Statement (ITS) that describes take that is incidental to and not intended to be part of the NRC's contemplated action of license renewal. Such take is not prohibited under the ESA provided the take complies with the terms and conditions set out in the ITS. The terms and conditions state the following regarding the NRC's implementation of the biological opinion at IP2 and IP3:
With regard to the existing licenses for IP2 and IP3: upon issuance of this Opinion, NRC shall take prompt and effective action to require Entergy to adhere to the terms and conditions of this ITS. With regard to the proposed renewed licenses for IP2 and IP3: NRC shall ensure that each renewed license contains a condition that requires Entergy to adhere to the terms and conditions of this ITS upon issuance of the renewed license(s).
Biological opinion at 133.
The NRC staff reviewed the current licenses for IP2 and IP3 and finds the licenses do not have specific language that explicitly requires Entergy to comply with the recently issued biological opinion or ITS, or any subsequent biological opinion that may result from reinitiation of Section 7 consultation. Therefore, the NRC requests that Entergy submit information that demonstrates that the current licenses require Entergy to comply, or in the absence of any specific requirement, describe your plans to modify the current licenses to require compliance with the ITS.
Vice President, Operations
- 3 As the NRC is required to take prompt action under the biological opinion, the NRC requests that Entergy submit this information within 30 days of the date of this letter.
Please feel free to contact me at 301-415-1364 if you have any questions.
Sincerely,
~v((~
Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Distribution via Listserv
Vice President, Operations
-3 As the NRC is required to take prompt action under the biological opinion, the NRC requests that Entergy submit this information within two calendar weeks of receiving this letter.
Please feel free to contact me at 301-415-1364 if you have any questions.
Sincerely, Ira!
Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Distribution via Listserv DISTRIBUTION:
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NAME DPickett KGoldstein MWong STurk with changes noted SMeighan DATE 04/10/13 03/21/13 04/15/13 04/08/13 04/16/13 OFFICIAL RECORD COpy