ML13340A795
| ML13340A795 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 02/14/2014 |
| From: | Leeds E Office of Nuclear Reactor Regulation |
| To: | Cassidy K, Sheehan M Earthrise Law Center |
| Morgan N, NRR/DORL, 301-415-1016 | |
| Shared Package | |
| ML13318A820 | List: |
| References | |
| G20130808, LTR-13-0883, TAC MF3083 | |
| Download: ML13340A795 (4) | |
Text
Ms. Margaret Sheehan Mr. Kevin Cassidy Earthrise Law Center Lewis & Clark Law School P.O. Box 445 Norwell, MA 02061 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 14, 2014
Dear Ms. Sheehan and Mr. Cassidy:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am writing in response to your November 11, 2013, letter expressing concerns related to Endangered Species Act (ESA) compliance at Pilgrim Nuclear Power Station (Pilgrim).
Your letter requests that the NRC amend the Pilgrim operating license1 by adding a condition requiring Entergy Nuclear Operations, Inc. (Entergy) to report to the NRC sightings of any federally endangered or threatened (herein referred to as "listed") species in the vicinity of Pilgrim. Your letter also asserts that the failure to include such a reporting requirement in Pilgrim's renewed license was an error. I would like to take the opportunity to clarify the requirements under the previous and current operating licenses and to provide an initial response to your request for a license condition.
The NRC issued an operating license for Pilgrim on June 8, 1972, before the enactment of the ESA, and the operating license did not contain requirements related to federally listed species.
The ESA was signed into law in December 1973, and the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) issued Federal regulations related to interagency consultation under Section 7 of the ESA in June 1983. Following these events, the NRC did not amend Pilgrim's operating license to include requirements on federally listed species. In connection with its review of the Pilgrim license renewal application and in accordance with Section 7 of the ESA, the NRC staff prepared biological assessments that concluded the renewed license would have no effect on any listed species before issuance of a renewed license for Pilgrim. By letter dated May 17, 2012,2 NMFS determined that continued operation of Pilgrim under a renewed license "is not likely to affect any listed species under NMFS jurisdiction" and would have no effect on any designated critical habitat. As a result, the NRC did not add requirements regarding federally listed species when it issued a renewed license for Pilgrim on May 29, 2012.
In an October 1, 2012, letter to NMFS, 3 the NRC staff incorrectly stated that Appendix B of the Pilgrim operating license contained a condition that requires Entergy to report the occurrence of any species protected by the ESA. I apologize for any misunderstanding or confusion this error may have caused. In a March 2013 letter from the staff to NMFS, regarding the January 2013 North Atlantic right whale (Euba/aena glacialis) cow and calf sighting near Pilgrim, the NRC staff 1 The NRC issued a renewed operating license to Entergy for the operation of Pilgrim on May 29, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML091040286).
2 Letter from D. Morris, NMFS, to A. Imboden, NRC dated May 17, 2012 (ADAMS Accession No. ML12145A072).
3 Letter from A. Hull, NRC, to D. Morris, NMFS dated October 1, 2012 (ADAMS Accession No. ML12249A162).
M. Sheehan, et al. acknowledged its erroneous statement that the Pilgrim license included a listed species reporting requirement. The NMFS subsequently noted the error in its April 24, 2013, letter to the NRC.4 In this letter, NMFS also asked the NRC to "add a requirement to Pilgrim's operating license that would require the reporting of any observations of listed species to the NRC and NMFS within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />."
As stated above, neither the previous nor the renewed Pilgrim operating license includes a condition that requires listed species to be reported to the NRC. The NRC staff is presently considering NMFS's request regarding Pilgrim's license and what future regulatory action, if any, should be taken.
As indicated by your email, dated January 23, 2014 (ADAMS Accession No. ML14035A064),
you are aware that Entergy recently instituted a voluntary protocol regarding whale sightings at Pilgrim. By letter dated December 31, 2013 (ADAMS Accession No. ML14007A141), Entergy submitted a new regulatory commitment to report confirmed sighting of listed whales in the vicinity of the plant and indicated Pilgrim plans to proceduralize its whale sighting protocol by March 1, 2014. Entergy also stated that Pilgrim "recognizes the appropriateness of promptly reporting to NMFS any observed incidental taking of an endangered marine species" and that any such report would be reported to NRC under Title 10 of the Code of Federal Regulations Section 50. 72(b )(2)(xi).
Please be assured that the NRC takes ESA compliance seriously. The NRC staff biologists regularly interact with NMFS, FWS, and licensee staff, as appropriate, to address the continued protection of federally listed species at NRC-licensed nuclear power reactors. Should you have any further questions, please contact Michele Evans, Director of the Division of Operating Reactor Licensing, at 301-415-1453 or John Lubinski, Director of the Division of License Renewal, at 301-415-1183.
Docket No. 50-293 cc: John K. Bullard Northeast Regional Administrator National Marine Fisheries Service 55 Great Republic Drive Gloucester, MA 01930-2276 Listserv Sincerely,
£:::i.~!r e.t.
Office of Nuclear Reactor Regulation 4 Letter from J. Bullard, NMFS, to A. Hull, NRC dated April 24, 2013 (ADAMS Accession No. ML13115A918).
you are aware that Entergy recently instituted a voluntary protocol regarding whale sightings at Pilgrim. By letter dated December 31, 2013 (ADAMS Accession No. ML14007A141), Entergy submitted a new regulatory commitment to report confirmed sighting of listed whales in the vicinity of the plant and indicated Pilgrim plans to proceduralize its whale sighting protocol by March 1, 2014. Entergy also stated that Pilgrim "recognizes the appropriateness of promptly reporting to NMFS any observed incidental taking of an endangered marine species" and that any such report would be reported to NRC under Title 10 of the Code of Federal Regulations Section 50. 72(b)(2)(xi).
Please be assured that the NRC takes ESA compliance seriously. The NRC staff biologists regularly interact with NMFS, FWS, and licensee staff, as appropriate, to address the continued protection of federally listed species at NRC-licensed nuclear power reactors. Should you have any further questions, please contact Michele Evans, Director of the Division of Operating Reactor Licensing, at 301-415-1453 or John Lubinski, Director of the Division of License Renewal, at 301-415-1183.
Docket No. 50-293 cc: John K. Bullard Northeast Regional Administrator National Marine Fisheries Service 55 Great Republic Drive Gloucester, MA 01930-2276 Listserv Sincerely, IRA by JUhle for I Eric J. Leeds, Director Office of Nuclear Reactor Regulation 4 Letter from J. Bullard, NMFS, to A. Hull, NRC dated April24, 2013 (ADAMS Accession No. ML13115A918).
DISTRIBUTION: G20130808/LTR-13-0883 See next page AD MSA A
ccess1on N PKG ML13318A820 I OS.
- ncommg ML13318A819 R
, esponse NRR/DLR/RERB/
OFFICE NRR/DORULPLI-1/PM NRR/DORULPLI-1/LA QTE BC KGoldstein JBurkhardt NAME NMorgan for CHsu DWrona DATE 12/13/2013 12/9/2013 12/11/2013 12/26/2013 OFFICE NRR/DORL/LPLI-1/BC NRR/DORLID NRR/D Eleeds NAME BBeasley ME vans JUhle for DATE 12/20/2013 12/23/2013 2114/14
Letter to Margaret Sheehan and Kevin Cassidy dated February 14, 2014 DISTRIBUTION: G20130808/L TR-13-0883 PUBLIC LPL 1-1 R/F RidsAcrsAcnw_MaiiCTR RidsEdoMaiiCenter RidsNrrDir RidsNrrDorl RidsNrrDoriDpr RidsNrrDorllpLI-1 Rids N rrLAK Goldstein RidsNrrMaiiCenter RidsNrrOd RidsNrrPMCalvertCiiffs RidsOgcMaiiCenter RidsRgn1 Mail Center RidsSecyMaiiCenter BGrange DWrona MYoung TOrf