ML14216A600
| ML14216A600 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 09/22/2014 |
| From: | David Wrona Division of License Renewal |
| To: | Davison P, Jamila Perry Public Service Enterprise Group |
| Briana Grange 301-415-1042 | |
| References | |
| Download: ML14216A600 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 22, 2014 Mr. John F. Perry Site Vice President Salem Generating Station PSEG Nuclear, LLC P.O. Box 236 Hancocks Bridge, New Jersey 08038-0236 Mr. Paul J. Davison Site Vice President Hope Creek Generating Station PSEG Nuclear, LLC P.O. Box 236 Hancocks Bridge, New Jersey 08038-0236
SUBJECT:
TRANSMITTAL OF NATIONAL MARINE FISHERIES SERVICES JULY 17, 2014, FINAL BIOLOGICAL OPINION FOR SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2, AND HOPE CREEK GENERATING STATION, UNIT 1
Dear Mr. Perry and Mr. Davison:
The U.S. Nuclear Regulatory Commission (NRC) and the National Marine Fisheries Service (NMFS) concluded formal consultation under section 7 of the Endangered Species Act of 1973, as amended (ESA) on July 17, 2014, with NMFSs issuance of a final biological opinion for Salem Nuclear Generating Station, Units 1 and 2 (Salem), and Hope Creek Generating Station, Unit 1 (Hope Creek). NMFSs transmittal letter and the biological opinion are enclosed as Enclosures 1 and 2, respectively. The biological opinion considers the effects of continued operation of Salem and Hope Creek under the terms of Renewed Facility Operating Licenses DPR-70, DPR-75, and NPF-57 on shortnose (Acipenser brevirostrum) and Atlantic (A. oxyrinchus oxyrinchus) sturgeons and three species of sea turtles (Caretta carreta, Chelonia mydas, and Lepidochelys kempii). This letter follows the NMFSs transmittal of an electronic copy of the biological opinion to NRC and PSEG Nuclear, LLC (PSEG) on July 21, 2014.
Pursuant to ESA section 7, the NRC began coordinating with the NMFS in December 2009 during the NRCs review of the Salem and Hope Creek license renewal application. On December 13, 2010, the NRC transmitted its biological assessment for license renewal to NMFS for its review. Consultation between NRC and NMFS continued until NMFSs issuance of the enclosed biological opinion.
After reviewing the status of the species, the environmental baseline, the effects of the proposed action, interdependent and interrelated actions and cumulative effects, NMFS concludes in its biological opinion that
J. Perry and
...the continued operation of the Salem 1, Salem 2 and Hope Creek Nuclear Generating Stations through the duration of extended operating licenses may adversely affect but is not likely to jeopardize the continued existence of any listed species. No critical habitat is designated in the action area; therefore, none will be affected by either proposed action.
The biological opinion includes an Incidental Take Statement (ITS) that applies to sturgeon and sea turtles impinged or captured during operation of Salem and Hope Creek for the remainder of the renewed license terms (i.e., through August 13, 2036 (Salem, Unit 1), April 18, 2040 (Salem, Unit 2), and April 11, 2046 (Hope Creek)). The ITS exempts the following types of incidental take:
impingement or collection of shortnose and Atlantic sturgeon at the Salem cooling water intake structure (CWIS) trash bars and Atlantic sturgeon at the CWIS traveling screens; impingement or collection of green, loggerhead, and Kemps ridley sea turtles associated with operation of the Salem CWIS; capture or collection of shortnose and Atlantic sturgeon during radiological environmental monitoring program (REMP) sampling for Salem and Hope Creek; and capture or collection of shortnose and Atlantic sturgeon and green, loggerhead, and Kemps ridley sea turtles during bottom trawl and beach seine surveys conducted as part of the Improved Biological Monitoring Work Plan (IBMWP) associated with Salems New Jersey Pollutant Discharge Elimination System (NJPDES) permit issued by the New Jersey Department of Environmental Protection (NJDEP).
The specific number of allowable incidental take and other conditions of incidental take are further specified in the ITS.
The biological opinion also includes Reasonable and Prudent Measures (RPMs) that NMFS has determined to be necessary or appropriate to minimize the amount or extent of incidental take and associated Terms and Conditions (T&Cs), which are non-discretionary and implement the RPMs.
Section 4.2.1 of the Environmental Protection Plan (EPP) contained in Appendix B of the Salem renewed licenses requires PSEG to adhere to the ITS associated with NMFSs previous biological opinion, which was issued on May 14, 1993. In order for the NRC to fulfill its responsibilities under ESA section 7, as detailed in Title 50, Part 402 of the Code of Federal Regulations (50 CFR Part 402), the NRC requests that PSEG propose appropriate changes to the EPP within 90 days of receipt of this letter. These proposed changes should reference the ITS included in the enclosed biological opinion and provide that the RPMs and T&Cs applicable to both PSEG and the NRC, as detailed in the enclosed ITS, will be implemented. The NRC requests that you propose similar changes for the Hope Creek EPP within 90 days of receipt of this letter. Submitting both requests simultaneously will enable NRC to perform an efficient review.
Finally, I would also like to highlight the NMFSs conservation recommendations, which are included in Section 12.0 of the biological opinion. As part of formal section 7 consultation, NMFS may recommend discretionary measures to minimize or avoid adverse effects of a
J. Perry and proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The biological opinion includes six conservation recommendations, which the NRC recommends PSEG review and consider implementing in ongoing or future aquatic monitoring studies.
If you have any questions regarding this letter, please contact Ms. Briana Grange, Biologist, of my staff at 301-415-1042 or by e-mail at briana.grange@nrc.gov or Ms. Carleen Sanders, Project Manager, at 301-415-1603 or by email at carleen.sanders@nrc.gov.
Sincerely,
/RA/
David J. Wrona, Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-272, 50-311, and 50-354
Enclosure:
As stated
ML14216A603 (package), ML14216A600 (letter)
Enclosures:
ML14202A135 (NMFSs transmittal letter) ML14202A146 (biological opinion)
- concurred via email OFFICE LA:DLR*
AB:RERB:DLR AB:RERB:DLR PM:LPL1-2:DORL BC: LPL1-2:DORL OGC (NLO)
BC:RERB:DLR NAME IKing BGrange DLogan CSanders RSchaaf AGhosh DWrona DATE 8/11/14 8/14/14 8/19/14 8/27/14 8/27/14 9/10/14 9/22/14
Letter to J. Perry and P. Davison from D. Wrona dated September 22, 2014
SUBJECT:
TRANSMITTAL OF NATIONAL MARINE FISHERIES SERVICES JULY 17, 2014, FINAL BIOLOGICAL OPINION FOR SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2, AND HOPE CREEK GENERATING STATION, UNIT 1 DISTRIBUTION:
E-MAIL:
PUBLIC EndangeredSpecies Resource RidsNrrDlrRerb Resource RidsNrrPMSalem RidsNrrPMHopeCreek BGrange DLogan DWrona CSanders, DORL MKhanna, DORL AGhosh, OGC julie.crocker@noaa.gov kenneth.strait@pseg.com alison.kraus@pseg.com