ML13177A041
| ML13177A041 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 12/02/2013 |
| From: | David Wrona Division of License Renewal |
| To: | Tuggle B US Dept of Interior, Fish & Wildlife Service |
| Briana Grange 301-415-1042 | |
| References | |
| Download: ML13177A041 (5) | |
Text
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-{)001 Dr. Benjamin N. Tuggle Southwest Regional Director U.S. Fish and Wildlife Service 500 Gold Ave SW Albuquerque, NM 87103-1306 December 2, 2013
SUBJECT:
AVAILABILITY OF THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT REGARDING SOUTH TEXAS PROJECT, UNITS 1 AND 2, LICENSE RENEWAL AND REQUEST FOR CONCURRENCE ON THE EFFECTS OF THE PROPOSED LICENSE RENEWAL ON THREATENED AND ENDANGERED SPECIES
Dear Dr. Tuggle:
The U.S. Nuclear Regulatory Commission (NRC) has completed the enclosed final Supplement 48 to NUREG*1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants" (herein referred to as "SEIS"), regarding the license renewal of South Texas Project, Units 1 and 2 (South Texas) in accordance with the National Environmental Policy Act of 1969, as amended (NEPA). With this letter, I am f01warding you a copy of the final SEIS, as well as the associated Federal Register notice of availability. With this letter, and in accordance with the Endangered Species Act of 1973, as amended (ESA), the NRC also renews its request for your concurrence with NRC's determination that the proposed license renewal of South Texas is not likely to adversely affect any Federally listed or proposed species or critical habitat under the U.S. Fish and Wildlife Service's (FWS's) jurisdiction. Section 7 Consultation History In a letter dated December 10, 2012, the NRC requested the FWS's concurrence with NRC's determination that the proposed license renewal of South Texas is not likely to adversely affect any Federally listed or proposed species or critical habitat under the FWS's jurisdiction. With this request, the NRC transmitted its draft SEIS, which contained the NRC staff's assessment of potential effects to Federally listed species and habitats. Since that time, Ms. Briana Grange of my staff and Ms. Moni Belton of FWS's Clear Lake Ecological Services Field Office have exchanged information by telephone and e*mail regarding the project as part of informal section 7 consultation under the ESA. On June 20, 2013, the NRC revised its environmental protection regulations for renewal of nuclear power plant operating licenses at 1 0 CFR Part 51.1 The final rule redefines the number and scope of the environmental impact issues that must be addressed by the NRC and applicants during license renewal environmental reviews. The rule incorporates lessons learned and knowledge gained from license renewal environmental reviews conducted by the NRC since 1996. Among other changes, the final rule revises the scope of transmission lines '78 FA 37281. U.S. Nuclear Regulatory Commission. Revisions to Environmental Review for Renewal of Nuclear Power Plant Operating Licenses. Federal Register 78(119):37281-37324. June 20, 2013.
considered during license renewal to be those "transmission lines that connect the nuclear power plant to the substation where electricity is fed into the regional power distribution system and transmission lines that supply power to the nuclear plant from the grid." As a result of the revised transmission line scope, the NRC staff revised the scope of the action area and the effects analysis for Federally listed species and habitats in the South Texas final SEIS. The revised assessment of species and habitats under FWS's jurisdiction appears in Sections 2.2.8 and 4. 7 of the final SEIS, and it includes eight Federally listed species and three species that are candidates for Federal listing as well as designated piping plover ( Charadrius me/odus) critical habitat. As part of the informal section 7 consultation, Ms. Belton was provided an advance copy of the revisions contained in the final SEIS by e-mail in May. In the final SEIS, the NRC staff concluded that the continued operation of South Texas during the proposed license renewal term would have no effect on: eskimo curlew (Numenius borealis), Louisiana black bear ( Ursus americanus luteolus), ocelot (Leopardus pardalis), piping plover ( Charadrius melodus) or its critical habitat, red wolf (Canis rufus), smooth pimpleback (Ouadrula houstonensis), Texas fawnsfoot (Truncilla macrodon), and whooping crane (Grus americana). Of the remaining species, the staff concluded that the proposed license renewal may affect, but is not likely to adversely affect: northern aplomado falcon (Falco temorafis septentrionalis), and Sprague's pipit (Anthus spragueil). The staff concluded that an ESA effect determination does not apply to one species-the American alligator (Alligator mississipiensis)-because this species is threatened due to similarity of appearance. 2 Per the ESA regulations at 50 CFR 402.06, the NRC considers the SEIS to constitute a biological assessment. Thus, the staff did not prepare a separate biological assessment as part of its NEPA review. Conclusion To date, the NRC has not received a formal response from the FWS to its December 2012 request for concurrence with NRC's determination that the proposed license renewal of South Texas is not likely to adversely affect any Federally listed or proposed species or critical habitat under the FWS's jurisdiction. Thus, with this letter, the NRC renews its request for the FWS's 2 U.S. Fish and Wildlife Service. 2013. "Consultations: Frequently Asked Questions." Updated May 16, 2013. Available at <hltp://www.fws.gov/endanqerodlwhat-we-do/fag.html#17> (accessed 25 June 2013).
B. Tuggle . 3. concurrence with the staff's revised effect determinations in accordance with section 7 of the ESA. If you have any questions regarding this letter, please contact Ms. Briana Grange, biologist, at 301-415-1042 or by e-mail at briana.grange@nrc.gov. Docket Nos. 50-498 and 50-499
Enclosures:
As stated Sincerely, OJ (}
- V'~
David J. WroAa, Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation
ML13266A069 (package), ML13177A041 (letter)
Enclosures:
ML 13322AB90 !final SEIS\\, ML13252A402 IFRN\\ OFFICE LA:DLR AB:RERB:DLR PM:RPB2:DLR BC:RERB:DLR NAME YEdmonds BGrange TTran DWrona DATE 7/13/13 9/23/13 9/23/13 12/2/13
Letter to B. Tuggle from D. Wrona dated December 2, 2013
SUBJECT:
AVAILABILITY OF THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT REGARDING SOUTH TEXAS PROJECT, UNITS 1 AND 2, LICENSE RENEWAL AND REQUEST FOR CONCURRENCE ON THE EFFECTS OF THE PROPOSED LICENSE RENEWAL ON THREATENED AND ENDANGERED SPECIES DISTRIBUTION: HARDCOPY: Ms. Moni Belton U.S. Fish and Wildlife Service Clear Lake Ecological Services Field Office 17629 El Camino Real #211 Houston, TX 77058 Mr. David Hath Asst. Field Supervisor U.S. Fish and Wildlife Service Clear Lake Ecological Services Office 17629 El Camino Real #211 Houston, TX 77058 E-MAIL: PUBLIC EndangeredSpecies Resource RidsNrrDir Resource RidsNrrDirRerb Resource RidsNrrDirRpb2 Resource RidsOgcMaiiCenter Resource RidsNrrPMSouthT exas BGrange Dlogan MMoser TTran BWittick OW rona AGhosh, OGC moni belton@fws.gov david hoth@fws.gov}}