Text

Letter to the Fish and Wildlife Service Regarding the Availability of the Fermi Draft SEIS
	ML15288A180
Person / Time
Site:	Fermi
Issue date:	10/28/2015
From:	David Wrona; Division of License Renewal
To:	Susan Hicks, Melius T; US Dept of Interior, Fish & Wildlife Service
	Moser M, NRR/DLR,415-6509
Shared Package
ML15288A167	List: ML15288A180;
References
	DLR-15-0479
	Download: ML15288A180 (5)
	v • d • e

T. Meli UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 28, 2015 Mr. Tom Melius Regional Director U.S. Fish and Wildlife Service Midwest Region (Region 3) 5600 American Blvd. West, Suite 990 Bloomington, MN 55437-1458 Mr. Scott Hicks Field Supervisor East Lansing Field Office U.S. Fish and Wildlife Service 2651 Coolidge Road, Suite 101 East Lansing, MI 48823

SUBJECT:

AVAILABILITY OF THE DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED LICENSE RENEWAL OF FERMI 2, AND REQUEST FOR CONCURRENCE WITH THE U.S. NUCLEAR REGULATORY COMMISSIONS DETERMINATION THAT LICENSE RENEWAL IS NOT LIKELY TO ADVERSELY AFFECT FEDERALLY LISTED OR PROPOSED SPECIES OR CRITICAL HABITATS

Dear Mr. Melius and Mr. Hicks:

With this letter, the U.S. Nuclear Regulatory Commission (NRC; the staff) is forwarding you a copy of its draft plant-specific Supplement 56 to NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, regarding Fermi 2, in accordance with the National Environmental Policy Act of 1969, as amended (NEPA); Title 10, Part 51 of the Code of Federal Regulations (10 CFR Part 51); and the Endangered Species Act of 1973, as amended (ESA). This letter refers to the enclosed document as the Supplemental Environmental Impact Statement (SEIS).

The purpose of this letter is threefold: (1) to notify the U.S. Fish and Wildlife (FWS) that the NRC staff has determined that the proposed license renewal of Fermi 2 would have either no effect on or is not likely to adversely affect Federally proposed or listed species or proposed or designated critical habitat under FWSs jurisdiction; (2) to request the FWSs concurrence with the NRCs not likely to adversely affect determinations; and (3) to provide FWS with information on the NEPA public comment period and associated public meetings for the draft SEIS.

Project Summary Fermi 2 is a single-unit, nuclear-powered steam-electric generating facility that began commercial operation in July 1985. The Fermi site is located on the western shore of Lake Erie

T. Melius and in Frenchtown Township, Monroe County, Michigan, approximately 8 miles (mi) (13 kilometers (km)) east-northeast of Monroe, 28 mi (45 km) south-southwest of Detroit, and 26 mi (42 km) northeast of Toledo, Ohio.

The NRCs Federal action is the decision whether to renew the Fermi 2 operating license for an additional 20 years of operation until March 2045. The NRC considers the remainder of the current operating license term as well as the renewed operating license term in its analysis of effects to ESA-protected species and critical habitats.

The enclosed SEIS addresses the environmental impacts of the proposed Federal action and alternatives. Chapter 3 of the enclosed SEIS describes the affected environment, including terrestrial resources, aquatic resources, and ESA-protected species and critical habitats.

Chapter 4 assesses impacts to these and other environmental resources.

ESA Determinations As part of preparing the SEIS, the NRC performed an assessment of whether the proposed license renewal of Fermi 2 has the potential to adversely affect any Federally listed or proposed species or proposed or designated critical habitats. This assessment is documented in Sections 3.8, 4.8, and Appendix C of the SEIS. The NRC considers the SEIS to fulfill its obligation to prepare a biological assessment under ESA section 7(c) and 50 CFR 402.12.

Accordingly, the NRC did not prepare a separate biological assessment for the proposed Fermi 2 license renewal.

In a July 30, 2014, e-mail to the NRC, the FWS confirmed the NRCs list of nine Federally listed or proposed species. In Section 3.8 of the SEIS, the NRC staff concludes that no critical habitat occurs in the action area. In addition, the NRC determined that four listed species, Karner blue butterfly (Lycaeides melissa samuelis), northern riffleshell (Epioblasma torulosa rangiana),

snuffbox mussel (Epioblasma triquetra), and the rayed bean (Villosa fabalis), are unlikely to occur within the action area. In Section 4.8, the NRC staff concludes that the proposed agency action would have no effect on critical habitat or on the four ESA-protected species that are unlikely to occur within the action area.

In Section 3.8 of the SEIS, the NRC determined that five listed species, red knot (Calidris canutus), piping plover (Charadrius melodus), Indiana bat (Myotis sodalist), eastern prairie fringed orchid (Platanthera leucophaea), and the northern long-eared bat (Myotis septentrionalis), may occur within the action area. In Section 4.8 of the SEIS, the NRC staff determined that license renewal could have insignificant or discountable effects on the five listed species that may occur within the action area, and therefore, the proposed license renewal may effect but is not likely to adversely affect these species.

Because the SEIS constitutes the NRCs biological assessment, the NRC staff is submitting a copy for your review in accordance with 50 CFR 402.12(j). The NRC requests your concurrence with its effect determinations of not likely to adversely affect for the red knot, piping plover, Indiana bat, eastern prairie fringed orchid, and the northern long-eared bat within 30 days of receipt of this letter. Although the NRC understands that FWS does not typically

T. Melius and provide its concurrence with no effect determinations by Federal agencies,1 the NRC also welcomes any comments you may have on its finding of no effect for the four other ESA-protected species considered in the SEIS. You can submit your comments by letter directly to me or through the NEPA comment process described below. Should you need to discuss the project before making a determination, please contact Michelle Moser of my staff. Ms. Mosers contact information is below.

NEPA Comment Period and Public Meetings Pursuant to NEPA, the NRC is seeking comments on the draft SEIS through December 28, 2015. During the comment period, the NRC staff plans to hold one public environmental meeting at the Monroe County Community College, La-Z-Boy Center, Meyer Theater, 1555 South Raisinville Road, Monroe, MI 48161, on Wednesday, December 2, 2015, at 7:00 p.m.

The meeting will be transcribed and will include a presentation of the contents of the draft SEIS and the opportunity for interested government agencies, organizations, and individuals to provide comments on the draft report. I invite you and your staff to attend the public meetings and to submit comments on the draft SEIS. Please see http://www.Regulations.gov and search for documents filed under Docket ID NRC-2014-0109 for additional information on the NEPA process and on how to submit comments.

Conclusion I look forward to future coordination with your offices to ensure the continued protection of Federally listed species and designated critical habitats at Fermi 2 and other NRC-licensed operating nuclear plants in your respective regions. If you have any questions regarding this letter, please contact Ms. Michelle Moser, Biologist, at 301-415-6509 or by e-mail at Michelle.Moser@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. 50-341

Enclosures:

As stated 1 [FWS] U.S. Fish and Wildlife Service. 2013. Consultations: Frequently Asked Questions. Available at

<http://www.fws.gov/endangered/what-we-do/faq.html>.

ML15288A167 (package), ML15288A180 (letter)

Enclosures:

ML15300A064 (Volume 1 SEIS),ML15300A073 (Volume 2 SEIS)

concurred via email OFFICE LA:DLR AB:RERB:DLR BC:RPB2:DLR BC:RERB:DLR NAME IBetts MMoser JDanna DWrona DATE 10/ 20 /15 10/ 27 /15 10/ 27 /15 10/ 28 /15

Letter to T. Melius and S. Hicks from D. Wrona dated October 28,2015

SUBJECT:

AVAILABILITY OF THE DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED LICENSE RENEWAL OF FERMI 2, AND REQUEST FOR CONCURRENCE WITH THE U.S. NUCLEAR REGULATORY COMMISSIONS DETERMINATION THAT LICENSE RENEWAL IS NOT LIKELY TO ADVERSELY AFFECT FEDERALLY LISTED OR PROPOSED SPECIES OR CRITICAL HABITATS DISTRIBUTION:

E-MAIL:

PUBLIC EndangeredSpecies Resource RidsNrrDlr Resource RidsNrrDlrRerb Resource RidsNrrDlrRpb2 Resource RidsNrrPMFermi Resource DLogan BGrange MMoser EKeegan DWrona JDanna tameka_dandridge@fws.gov