ML17083A239

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Requests Determination of Effects of Facility Operation on Five Endangered Species.Solicits Opinion on Whether Plant Operation Would Effect Critical Habitat or Jeopardize Continued Existance of Any Species
ML17083A239
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 01/23/1980
From: Regan W
Office of Nuclear Reactor Regulation
To: Meyer W
INTERIOR, DEPT. OF, FISH & WILDLIFE SERVICE
References
NUDOCS 8002110005
Download: ML17083A239 (14)


Text

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qo 0**~4 Cl UNITED STATES NUCLEAR R EG ULATORY COMMISS ION WASHINGTON, D. C. 20555 Docket Nos.

50-275 and 50-323 JAN 2 3 880 Mr. William H. Meyer Acting Regional Director Fish and Wildlife Service United States Department of the Interior Lloyd 500 Building, Suite 1692 500 N.E. Multnomah Street

Portland, Oregon 97232.

Dear Mr. Meyer:

In response to your letter of October 23; 1979, to Mr. Don Sells of NRC,

requesting consultation about five endangered species in connection with the operation of tho Diablo Canyon Nuclear Power Plant (DCNPP),

we arranged a meeting on January 8, 1980 with Gail Kobetich and other personnel of the Fish and Wildlife Service at your Sacramento office.

Mr. Lawrence Laurent and other representatives oT" the California Department of Fish and Game were also present (See enclosure).

Based on the results of that meeting, we are formally requesting a determination by your office pursuant to Section 7 of the Endangered Species Act, Public Law 93-205, as amended by Public Law 95-632, as to the effects of the operation of the Diablo Canyon Nuclear Generating Station on the five endangered species listed below:

California bro<m pelican, pe1ecanus occidenta1is calirornicus p

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Ca1ifornia 1east tern, Sterna albirrons brotmi Southern sea otter

~Enh dra iutns nereis Gray whale, Eschrichtius robustus f

In particular, we solicit your opinion on wfIether plant operation would result in any effect on critical habitat or would jeopardize the continued existence of any of these five species, In preparation for the meeting of January 8, 1980, our technical staff reviewed the predicted environmental impacts of the operation of the Diablo Canyon plant on the endangered marine and avian apecies.

The physical effects w re briefly discussed at the meeting by Dr. S.

S. Kirslis of the NRC and the impacts of the physical effects on biota were discussed by Dr; Thomas L. Cain, a biologist on the NRC staff.

M. Laurent discussed the monitoring programs being carried out by the California Department of Fish and

Game, as they had bearing on the endangered species question.

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I/r. >Iilliam H. Neyer t<r. Kobetich and Ih. Swanson of the Fish and Wildlife Service reviewed the requirements of the Endangered Species Act and pointed out that consultation with the concerned agencies was required whether the effects of plant opera-tion were adverse or beneficial.

Ilr. Kobetich requosted copies of all Pacific Gas and Electric Company reports on baseline studies of biota in Diablo Cove and on model studies of thermal plumes and ocean currents.

These reports will be sent to your office.

From the discussions at the January 8, 1980 meeting, it appeared that the effects if any, of plant operation on the five endangered species would be minor and indirect, through impacts on the food web involving these species.

The species most likely to be affected was the sea otter, which feed on sea urchins and abalone, which in turn feed on kelp.

Growth of kelp in Diablo Cove will be affected by foam generated by the plant discharge flow and by a warm water discharge into Diablo Cove.

I<r. Maxwell of the California Department of Fish and Game commented that the range of the otter up and down the Pacific Coast is so large that the otter would not be seriously affected even if the Diablo Cove habitat were completely eliminated.

In connection with one of the five species mentioned in your October 23, 1979

letter, we received a letter from tlr. Gerald V. Howard of the Hational l1arine Fisheries Service to the effect that their service could see no threat to the continued existence of the gray whale from the operation of the Diablo Canyon plant.

lie have enclosed a copy of this letter.

With respect to the three bird species, the Diablo Canyon area is a small part of their range and does not appear to be a critical habitat.

The effect of plant operation on the food webs of these birds is as likely to be beneficial as adver se.

The opinion given above were stated by representatives of the NRC and of the California Department of Fish and Game.

You may wish to consider these opinions,

'n the process of reaching your own official determination of plant operation effects on endangered species.

If you have any questions regarding this matter, please contact Dr. S.

S. Kirslis, Environmental Project Hanager, nuclear Regulatory Commission, Hashington, D. C..

20555, who may be reached by telephone one (301) 492-8426.

Sincerely, Original liood "lt Ho~aid L Ballard

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hi. H. Regan, Jr. Acting Assistant Director for Environmental Projects Division of Site Safety and Environmental Analysis Enc'Iosures:

1.

List of Attendees 2.

Ltr 1/2/80 fm Hationol. Marine

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Mr. William H. Meyer cc:

Fish and Wildlife Service ATTN:

Mr. Gail Kobetich 2800 Cottage Way Sacramento, California 95825 National Marine Fisheries Service ATTN:

Mr. Jim Lecky 300 South Ferry Street Rm.

2016 Terminal Island Los Angeles, California 90731 California Department of Fish and Game ATTN:

Mr. Daniel W. Gotshall P. 0.

Box 98 Avila Beach, California 93424

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Enclosure 1

List of Attendees Meeting with Fish and Wildlife Service, Sacramento, CA January 8,1980, Regarding Endangered Species at Diablo Canyon Nuclear Plant Carl Benz U.S.

FHS 2800 Cottage

>lay Sacramento, CA 916-484-4'106 Bill Maxwell CA Fish 5 Game 1416 Ninth St.

Sacramento, CA 916. 445-8386 Alan Craig CA Fish 5 Game Stan Kirslis U.S.

NRC, Environmental Project Manager Tom Cain U.S.

NRC, Biologist Mare Staenberg, U.S.

NRC, Office of the Legal Director 916 322-1411 (301)FTS 492-8426 (301)FTS 492-8568 Bud Laurent CA Fish 5 Game Diablo Canyon 805 595-7363 Ronald L. Ballard U.S.

NRC, Chief Environmental Projects Branch 1

Ralph G. Swanson U.S.

FHS Gail C. Kobetich U.S.

FMS Sacramento, CA Sacramento, CA 916 484 4106 FTS 468-4106

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Enclosure 2

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~ATIOAAL ~14RIiXE FISHERIES SERVICE Southwest Region 300 South Ferry Street Terminal Island, CA 90731 January 2,

1980 F/Sli'R31: JHL h'illiam H. Regan, Jr.

Acting Assistant Director for Environmental Projects and Technology Division of Site Safety and Environmental Technology United States Nuclear Regulatory Commission 4'ashington, D.C.

20S55

Dear lfr. Regan:

In response to your November 30, 1979 request for formal consultation under Section 7 of the Endangered Species Act of 1973, as

amended,

>>e h"ve revie: ed the information you submitted to this office, and find that the operation of the nuclear generating station at Diablo Canyon, California is not likely to jeopardi-e the continued existence of any of the threatened or endangered species under the purview of the Xational

.'marine Fisheries Service.

The gray whale (Fschrichtius rob>>stus) is the only endangered species for: ich we are responsible tnat we would expect to find in the project area.

Sout'.:.'ard migrating gray whales may be found off the central Cali ornia coast from about mid-November through mid-January.

Gray whales on their northward migration pass central California from early

!farch through late May.

The majority of these whales migrate within a fe'.~kilometers of the shore (Rice and h'olman, 1971, Life History and Ecology of the Gray 4'hale'(Eschrischtius robustus)

Spec.

Pub.

3 Amer.

Soc.

~famm.

141 pp.),

and some of them may encounter the 2'r O'F above ambient isotherm of the thermal plume emanating from the plants cooling system and the pollutants being carried out to sea by that plume.

Although the whales may be able to detect the change in temperature we do not expect the plume to inter.ere with their migration.

Since gray whales either do not feed or feed very little while migrating we would expect negligible impacts from contact with pollutants in the concentrations descr'bed in the Final Environmental Impact Statement and its addendum.

Other endangered cetaceans that occur offshore from the project area are:

Humpback whale Sperm whale ife a tera novaean liae Ph seter catodon C. ~coX 5

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January 2,

1980 2

Right whale Blue whale Fin whale Balaena~lacia les Balaenootera musculus Sei whale Balaen~o tera borealis Tnese "hales are generally more pelagic than the gray whale and are not expected to be :mpacted by the project.

Three species of endangered sea turtles (hawksbill sea turtle, Eretmochelys imbricata; green sea turtles; Chelonia mydas; Pacific Ridley Sea Turtle,

~Lo idochelys olivacea) and one species of threatened sea turtle (logger-head sea turtle, Caretta caretta) may occasionally pass through the project area.

These are animals at the northern limits of their ranges, and although the possibility exists that a sea turtle may encounter the thermal plume and follow it into Diablo Cove the probability of that happening ppears very low.

4'e expect the project will have negligible impa<'-

s on t.".e.astern Pacific sea turtle populations.

In the event that additional information indicating the project is adve;sely impacting ny of the above mentioned pecies becorles available we r;-.c<<:::;end further consultation be initiated.

Sincerely yours, Gerald V. Howard Regional Director

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MEETING NOTICE DISTRIBUTION LWR-1

~F11e NRC PDR Local PDR TIC LWR 1 File NRR Reading H. Denton E.

Case H. Berkow R. Mattson R.

DeYoung D. Muller 0 ~

Ross D. Vassallo D. Skovholt F. Williams J. Stolz R. Baer O. Parr L. Rubenstein S.

Varga P. Collins T. Speis W.

Haass C.

Heltemes ACRS (16)

L. Crocker B. Kirschner Project Manager

Attorney, ELD IE (3)

SD (7)

E. Hylton Receptionist L. Soffer J.

P. Knight S.

Hanauer JAN g 1980 R. Tedesco S. Pawlicki F. Schauer K. Kniel T. Novak Z. Rosztoczy R.

Bosnak R. Satterfield W. Butler F.

Rosa V. Moore W. Kreger M. Ernst R. Denise R. Ballard B. Youngblood W.

Regan G.

Chipman R. Houston J. Collins T. Murphy G. Lear M. Spangler V. Benaroya R. Jackson L. Hulman H. Ornstein J.

LeDoux, IE Principal Staff Participants

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