ML14246A095
| ML14246A095 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 09/18/2014 |
| From: | David Wrona Division of License Renewal |
| To: | Ledwin J, Melius T, Salveter A US Dept of Interior, Fish & Wildlife Service |
| Briana Grange 301-415-1042 | |
| References | |
| Download: ML14246A095 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 18, 2014 Mr. Tom Melius Midwest Regional Director U.S. Fish and Wildlife Service 5600 American Blvd. West, Suite 990 Bloomington, MN 55437-1458 Ms. Amy Salveter Field Supervisor U.S. Fish and Wildlife Service Missouri Ecological Services Field Office 101 Park DeVille Dr., Suite A Columbia, MO 65203 Ms. Jane Ledwin Biologist U.S. Fish and Wildlife Service Missouri Ecological Services Field Office 101 Park DeVille Dr., Suite A Columbia, MO 65203
SUBJECT:
REQUEST FOR INFORMATION CONCERNING THE ENDANGERED SPECIES ACT SECTION 7 CONSULTATION FOR THE PROPOSED CALLAWAY PLANT, UNIT 1, LICENSE RENEWAL
Dear Mr. Melius,
Ms. Salveter, and Ms. Ledwin:
I am writing you today to seek clarification in the consultation pursuant to section 7 of the Endangered Species Act of 1973, as amended (ESA) between the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Fish and Wildlife Service (FWS) for the proposed license renewal of Callaway Plant, Unit 1 (Callaway) located near Fulton in Callaway County, Missouri.
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Background===
In a letter dated February 24, 2014, the NRC requested the FWSs concurrence with its biological assessment for the proposed Callaway license renewal in accordance with section 7 of the ESA. The letter transmitted the biological assessment, which is incorporated as part of the NRCs draft Supplement 51 to NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (SEIS) regarding the license renewal of Callaway, which the NRC prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA). Although NRC requested concurrence, it did not make a specific request for formal section 7 consultation, and NRC and FWS have remained in informal consultation since that time.
T. Melius, A. Salveter, and In Sections 2.2.8 and 4.8 of the SEIS, the NRC staff concludes that the continued operation of Callaway during the license renewal term may affect, but is not likely to adversely affect the following species: Niangua darter (Etheostoma nianguae), gray bat (Myotis grisescens), pink mucket (Lampsilis abrupta), scaleshell (Leptodea leptodon), Topeka shiner (Notropis topeka),
Indiana bat (Myotis sodalis), running buffalo clover (Trifoffum stoloniferum), and spectaclecase (Cumberlandia monodonta). For the pallid sturgeon (Scaphirhynchus albus), Appendix H of the SEIS contains a separate biological assessment, which concludes that the present and future operation of Callaway through the proposed license renewal term may affect, but is not likely to adversely affect, the continued existence of the pallid sturgeon.1 The NRC believes that any adverse effects to this species would accrue primarily through direct mortality caused by entrainment and impingement of larvae and juveniles.
According to the Services (FWS and the National Marine Fisheries Services (NMFS)) joint regulations at 50 CFR 402.12(j), the Service will respond in writing within 30 days as to whether or not it concurs with the findings of the biological assessment. On May 1, 2014, Ms. Briana Grange, NRC biologist, called Ms. Jane Ledwin, FWS fish and wildlife biologist, to determine the status of the FWSs review of the biological assessment because NRC had not yet received a letter as to whether or not FWS concurs with the findings of the biological assessment for the nine species. Ms. Ledwin said that she was reviewing the biological assessment. On June 9, 2014, Dr. Dennis Logan, NRC biologist, called Ms. Ledwin, who said that the FWS concurred with the NRCs finding of not likely to adversely affect for all species except pallid sturgeon, for which FWS had continued concerns. As part of informal consultation, NRC (Dr. Logan) and FWS (Ms. Ledwin) have been discussing the consultation since that date.
For those species listed above except for pallid sturgeon, the NRC believes that the Services joint regulations at 50 CFR 402.13(a) apply:
If during informal consultation it is determined by the Federal agency, with the written concurrence of the Service, that the action is not likely to adversely affect listed species or critical habitat, the consultation process is terminated, and no further action is necessary.
Regarding pallid sturgeon, in conversations between FWS and NRC, FWS has verbally requested that Ameren Corporation (Ameren or the applicant) perform a one-year impingement and entrainment mortality study at Callaway similar to a study performed at another of Amerens plants. FWS and NRC have discussed this request, which arises, in part, from new data and information on the pallid sturgeons life history and, in part, due to the age of site-specific impingement and entrainment information presently available for Callaway.
NRC understands that the provisions of the ESA allow for the FWS to request additional data during consultation. Specifically, 50 CFR 402.14(f) states the following:
1 Subsequent references in this letter to biological assessment are meant to be inclusive of both the SEIS Appendix H biological assessment for pallid sturgeon and the SEIS sections 2.2.8 and 4.8 addressing the eight additional species.
T. Melius, A. Salveter, and When the Service determines that additional data would provide a better information base from which to formulate a biological opinion, the Director may request an extension of formal consultation and request that the Federal agency obtain additional data to determine how or to what extent the action may affect listed species or critical habitat. If formal consultation is extended by mutual agreement according to § 402.14(e), the Federal agency shall obtain, to the extent practicable, that data which can be developed within the scope of the extension. The responsibility for conducting and funding any studies belongs to the Federal agency and the applicant, not the Service. The Service's request for additional data is not to be construed as the Service's opinion that the Federal agency has failed to satisfy the information standard of section 7(a)(2) of the Act. If no extension of formal consultation is agreed to, the Director will issue a biological opinion using the best scientific and commercial data available.
The NRC believes that the FWSs request for Ameren to perform a one-year study at Callaway would constitute additional data in accordance with 50 CFR 402.14(f), which is a subsection of 402.14 Formal Consultation. The provisions of 50 CFR 402.14 explain that though the FWS may request the Federal agency to initiate formal consultation, it is the Federal agencys responsibility to initiate formal consultation by written request.
NRC, therefore, requests the following information of FWS in order to conclude informal consultation and to determine whether initiation of formal consultation for pallid sturgeon is appropriate.
NRC Requests of FWS To facilitate the conclusion of informal consultation and NRCs possible initiation of formal consultation, the NRC requests the following of FWS:
(1) A written response, preferably by letter, as whether or not the FWS concurs with NRCs findings in its letter of February 24, 2014, in accordance with 50 CFR 402.12(j). The NRC requests that the response address each of the nine species for which NRC has made an ESA effect determination.
(2) Copies of the new reports or data that FWS has verbally discussed with NRC and has identified as new information regarding potential impingement and entrainment of pallid sturgeon at the Callaway cooling water intake structure. Such information will facilitate the NRCs requirement to provide the best scientific and commercial data available during formal consultation, if initiated, in accordance with 50 CFR 402.14(d).
(3) Any additional information that the FWS has that would help NRC decide if formal consultation is appropriate.
Additionally, given that the provisions of 50 CFR 402.14(e) specify a timeline of 135 days between the Federal agencys request to initiate formal consultation and the Services delivery of a biological opinion to the Federal agency and applicant, the requested one-year study would not fit within the 135-day timeframe. Although the formal consultation provisions allow the Service and the Federal agency to mutually agree to extend the consultation, a consultation involving an applicant cannot be extended for more than 60 days without the consent of the applicant. Accordingly, the NRC requests that you provide the following information in
T. Melius, A. Salveter, and accordance with 50 CFR 402.14(e) to support the NRCs and Amerens consideration of a prolonged formal consultation timeline:
(1) the reasons why a longer period is required, (2) the information that is required to complete the consultation, and (3) the estimated date on which the consultation will be completed.
The NRC requests that you provide this information within 30 days of the date of this letter in order to provide enough time for NRC to review the information and consider whether initiation of formal consultation is appropriate as NRC is considering a license renewal decision for Callaway in December 2014.
If you have any questions regarding this letter, please contact Dr. Dennis Logan, Biologist, of my staff at 301-415-0490 or by e-mail at dennis.logan@nrc.gov.
Sincerely,
/RA/
David J. Wrona, Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-483
- concurred via email OFFICE LA:DLR*
AB:RERB:DLR AB:RERB:DLR OGC(NLO)
BC:RPB2:DLR BC:RERB:DLR NAME IKing DLogan BGrange BMizuno BWittick DWrona DATE 9/8/14 9/12/14 9/12/14 9/11/14 9/16/14 9/18/14
Letter to T. Melius, A. Salveter, and J. Ledwin from D. Wrona dated September 18, 2014
SUBJECT:
REQUEST FOR INFORMATION CONCERNING THE ENDANGERED SPECIES ACT SECTION 7 CONSULTATION FOR THE PROPOSED CALLAWAY PLANT, UNIT 1, LICENSE RENEWAL DISTRIBUTION:
E-MAIL:
PUBLIC EndangeredSpecies Resource RidsNrrDlr Resource RidsNrrDlrRerb Resource RidsNrrDlrRpb2 Resource RidsNrrPMCallaway Resource DLogan BGrange DLogan TTran DWrona BWittick DRoth, OGC Amy Salveter, FWS (amy_salveter@fws.gov)
Jane Ledwin, FWS (jane_ledwin@fws.gov)