ML13123A275

National Marine Fisheries Service'S Biological Opinion for Continued Operation of Indian Point Nuclear Generation Unit Nos. 2 and 3

ML13123A275
Person / Time
Site:	Indian Point
Issue date:	07/03/2013
From:	Melanie Wong NRC/NRR/DLR/RERGUB
To:	Moser K State of NY, Dept of Environmental Conservation
Logan. D
References
Download: ML13123A275 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 3,2013 Kathleen M. Moser Assistant Commissioner Office of Natural Resources, 14th Floor New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233-1010

SUBJECT:

NATIONAL MARINE FISHERIES SERVICE'S BIOLOGICAL OPINION FOR CONTINUED OPERATION OF INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3

Dear Ms. Moser:

On March 25, 2013, the New York State Department of Environmental Conservation (NYSDEC) wrote the U.S. Nuclear Regulatory Commission (NRC) to submit its concerns regarding the Incidental Take Statement in the final Biological Opinion issued by the National Marine Fisheries Service (NMFS) for the continued operation of Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3). Further, NYSDEC requested that the Biological Opinion, including the Incidental Take Statement, be rescinded, reconsidered, and modified.

The NRC staff has considered NYSDEC's request and its specific concerns. Some of the NYSDEC's comments apply directly to NMFS and are not addressed here. We note that NMFS has responded separately to the NYSDEC's concerns in a letter, dated May 31,2013.

NYSDEC expressed concern that "the continued operation of IP2 and IP3 in once-through cooling mode for an additional 20 years does not meet New York State's water quality regulations." NYSDEC also expressed concern that NMFS had previously determined that "the continued operation of Indian Point's once-through cooling water system would have significant impacts on Essential Fish Habitat and recommended that NRC require closed-cycle cooling at IP2 and IP3 for future operations." In this regard, the NRC staff notes that Essential Fish Habitat in the Hudson River does not apply to species listed under the Endangered Species Act that are part of the Biological Opinion. Further, the NRC recognizes that NYSDEC regulates the cooling water intake structure. If the NYSDEC later requires a modification of the COOling water intake structure to either IP2 or IP3 that causes an effect on a listed species, the NRC would reinitiate consultation with NMFS in accordance with Title 50 of the Code of Federal Regulations (CFR) 402.16. Until such time that consultation is reinitiated and a new or modified Biological Opinion is issued, the present Biological Opinion is in effect and protects endangered shortnose and Atlantic sturgeon.

NYSDEC also expressed concern that the take of shortnose and Atlantic sturgeon "from future operations at Indian Point was largely inflated by an unsupported assumption." That "unsupported" assumption is use of a correction factor for impingement collection efficiency. In this regard, the NRC staff notes that both the exempted take and the estimated take would be subject to this correction factor; as a result, the factor cancels when the two are compared, so that use of the factor does not affect the comparison. Thus, removing the factor would have no effect on determining if and when the take by IP2 and IP3 exceeds exempted take.

In addition, NYSDEC expressed two specific concerns that the NMFS exempted a take "even though NMFS lacked both the empirical abundance estimates of the number of fish comprising the NYS-DPS [sic.: NYB-DPS means New York Bight Distinct Population Segment] and current sturgeons impingement data from IP2 and IP3." In this regard, the NRC staff notes that the monitoring plan described in the Biological Opinion will provide data on the NYB-DPS of Atlantic sturgeon and current impingement data for both Atlantic and shortnose sturgeon. In the event that the data demonstrate a need to reconsider the present ITS, consultations could be reinitated.

In sum, after carefully considering the NYSDEC's concerns and request, the NRC's staff has decided not to request modification of the Biological Opinion. If you have any further concerns or questions, please do not hesitate to write or call me at 301-415-2432.

Sincerely, 11{.11tLut t w" Melanie C. Wong, Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286

In addition, NYSDEC expressed two specific concerns that the NMFS exempted a take "even though NIVIFS lacked both the empirical abundance estimates of the number of fish comprising the NYS-DPS [sic.: NYB-DPS means New York Bight Distinct Population Segment] and current sturgeons impingement data from IP2 and IP3." In this regard, the NRC staff notes that the monitoring plan described in the Biological Opinion will provide data on the NYB-DPS of Atlantic sturgeon and current impingement data for both Atlantic and shortnose sturgeon. In the event that the data demonstrate a need to reconsider the present ITS, consultations could be reinitated.

In sum, after carefully considering the NYSDEC's concerns and request, the NRC's staff has decided not to request modification of the Biological Opinion. If you have any further concerns or questions, please do not hesitate to write or call me at 301-415-2432.

Sincerely, IRA!

Melanie C. Wong, Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 DISTRIBUTION: See next page ADAMS Accession No.: ML13123A275 OFFICE LA: PM:RERB:DLR PIVI:LPLI-1 :DORL OGC BC:RERB:DLR NAME IKing DLogan DPickett MWong DATE 5/16/2013 6/312013 7/1/2013 6/17/2013 7/312013

Letter to K. Moser from M. Wong dated July 3, 2013

SUBJECT:

NATIONAL MARINE FISHERIES SERVICE'S BIOLOGICAL OPINION FOR CONTINUED OPERATION OF INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 DISTRIBUTION:

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