ML16236A109
| ML16236A109 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 09/13/2016 |
| From: | Kevin Folk Division of License Renewal |
| To: | Damon-Randall K US Dept of Commerce, National Marine Fisheries Service |
| Briana Grange 301-415-1042 | |
| Shared Package | |
| ML16236A114 | List: |
| References | |
| Download: ML16236A109 (4) | |
Text
T. Melius UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 13, 2016 Ms. Kimberly Damon-Randall Assistant Regional Administrator for Protected Resources National Marine Fisheries Service Greater Atlantic Regional Fisheries Office 55 Great Republic Drive Gloucester, MA 01930-2276
SUBJECT:
REQUEST FOR SECTION 7 CONFERENCE FOR INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 DUE TO PROPOSED RULE TO LIST ATLANTIC STURGEON CRITICAL HABITAT IN THE HUDSON RIVER
Dear Ms. Damon-Randall:
With this letter, the U.S. Nuclear Regulatory Commission (NRC or the staff) is forwarding you an evaluation the staff has prepared to support NRCs review of Entergy Nuclear Operation, Inc.s (Entergy) application for renewal of facility operating licenses DPR-26 and DPR-64 for an additional 20 years at Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3) and to comply with the provisions of section 7 of the Endangered Species Act of 1973, as amended (ESA). The enclosed evaluation addresses proposed critical habitat of the Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus).
The NRC and National Marine Fisheries Service (NMFS) have previously engaged in formal section 7 consultation for IP2 and IP3, which most recently resulted in a biological opinion for the Atlantic sturgeon and shortnose sturgeon (Acipenser brevirostrum) dated January 30, 2013.
At this time, NMFS remains engaged in Entergys development of a sturgeon monitoring plan pursuant to the terms and conditions of the biological opinion.
On June 3, 2016, the NMFS published a proposed rule to list critical habitat for the Atlantic sturgeon. If listed as proposed, the entire portion of the Hudson River affected by IP2 and IP3 operations will be designated as critical habitat for the New York Bight distinct population segment (DPS) of Atlantic sturgeon. The enclosed evaluation considers the impacts of continued IP2 and IP3 operations under the terms of the original licenses and under the terms of renewed licenses, if granted by the NRC, and concludes that continued operation may affect, but is not likely to destroy or adversely modify proposed critical habitat for the New York Bight DPS of Atlantic sturgeon.
The NRC requests a conference under the provisions of Section 402.10 of Title 50 of the Code of Federal Regulations (50 CFR 402.10) for IP2 and IP3 and your concurrence with the staffs effect determination within 30 days of receipt of this letter. If your staff believes that the conference should be conducted in accordance with the formal consultation procedures in 50 CFR 402.14, please let me or Ms. Briana Grange of my staff know so that the NRC can
K. Damon-Randall request that the NMFS prepare a conference opinion. Should you need to discuss the project before making a determination, please contact Briana Grange, Biologist, by phone at 301-415-1042 or by e-mail at briana.grange@nrc.gov.
Sincerely,
/RA/
Kevin T. Folk, Acting Chief Environmental Review and Project Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosure:
As stated
Package: ML16236A114, Letter: ML16236A109,
Enclosure:
- concurred via email OFFICE LA:DLR AB:RERP:DLR PM:RERP:DLR OGC:NLO BC:RERP:DLR NAME IBetts BGrange*
MWentzel*
BHarris*
KFolk DATE 8/31/16 9/6/16 9/6/16 9/8/16 9/13/16
Letter to K. Damon-Randall from K. Folk dated September 13, 2016
SUBJECT:
REQUEST FOR SECTION 7 CONFERENCE FOR INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 DUE TO PROPOSED RULE TO LIST ATLANTIC STURGEON CRITICAL HABITAT IN THE HUDSON RIVER DISTRIBUTION:
E-MAIL:
PUBLIC EndangeredSpecies Resource RidsNrrDlrRerp Resource RidsNrrPMIndianPoint Resource RidsOgcMailCenter Resource BGrange MMoser MWentzel KFolk DPickett STurk, OGC DRoth, OGC BHarris, OGC SBurnell, OPA DMcIntyre, OPA JWeil, OCA MGray, RI GDentel, RI DonaldJackson, RI MModes, RI NSheehan, RI OPA DScrenci, RI OPA DTifft, RI BHaagensen, RI GNewman, RI SRich, RI Julie Crocker, NMFS (julie.crocker@noaa.gov)
Dara Gray, Entergy (dgray@entergy.com)