ML17229A496
| ML17229A496 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 10/06/1997 |
| From: | Hebdon F NRC (Affiliation Not Assigned) |
| To: | Plunkett T FLORIDA POWER & LIGHT CO. |
| References | |
| TAC-M99396, TAC-M99397, NUDOCS 9710100221 | |
| Download: ML17229A496 (12) | |
Text
~p,S RED er-l cs0 l
0 qO
++*++
UNITED STATES NUCLEAR REGULATORY COlNMISSION WASHINGTON> D.C. 2055&4001 October 6,
1997 Mr. Thomas F. Plunkett President, Nuclear Division Florida Power and Light Company Post Office Box 14000 Juno Beach, Florida 33408-0420
SUBJECT:
BIOLOGICALOPINION, ST. LUCIE PLANT, UNITS 1 AND2 (TAC NO. M99396/99397)
Dear Mr. Plunkett:
By letter dated May 30, 1997, the NRC forwarded to Florida Power and Light (FPL) the Biological Opinion (BO) issued by the National Marine Fisheries Service (NMFS) of the Department of Commerce regarding consultation under Section 7 of the Endangered Species Act (ESA). NMFS determined that the continued operation of St. Lucie Units 1 and 2 is not likely to jeopardize the continued existence of species listed in the opinion. However, NMFS concluded that operation of St. Lucie may adversely affect these species and, therefore, NMFS developed conservation recommendations and an incidental take statement (ITS). The terms and conditions included in the ITS were established to monitor the level of incidental takes and to minimize the adverse impacts of entrapment and the possibility of lethal takes of sea turtles.
The NRC letter requested FPL propose appropriate changes to the Environmental Protection Plan (EPP), Appendices B of the St. Lucie, Units and 1 and 2, licenses that would reference the ITS and implement the terms and conditions.
By letter dated August 4, 1997, FPL provided comments related to the terms and conditions of the BO, and a preliminary draft of the EPP changes for comment.
The draft changes include a proposal to make the EPP for Unit 1 consistent with Unit 2.
The NRC has reviewed the August 4, 1997, letter and discussed its contents with the NMFS.
The NRC did not evaluate the technical adequacy of the proposed changes to the EPP, but NRC agrees with making the two EPPs consistent.
NRC and NMFS disagree with the proposed changes to the ITS with one exception.
It should be noted that numerous discussiong were held between NRC, NMFS, and FPL prior to the BO being issued in draft and final form.
I The staff notes that by letter dated August 13, 1996, FPL provided NMFS comments on the draft lTS and BO. NMFS evaluated the comments and responded by letter dated August f6, ~)
1996.
NMFS agreed with some ofthe FPL comments and disagreed with others.
The comments provided by FPL in the August 4, 1997, letter do not introduce new information beyond that included in the August 16, 1996, letter which was already considered by NMFS in formulating the final BO. The NRC and NMFS agree the BO, ITS, and terms and conditions, as outlined in February 1997, are final, with the exception of Condition No. 7.
97iQi0022i 97i006 PDR ADQCK 05000335 p
PDR IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
T. Plunkett October 6, 1999 Regarding Condition No. 7, the NRC and NMFS recognize that this issue requires additional time for NMFS, NRC, and FPL to conduct a further review of the proposal.
Therefore, NRC and NMFS agree to delay implementation of this condition until the other terms and conditions are implemented.
At that time, Condition No. 7 willbe reevaluated.
In fulfillingits requirements as the implementing agency under the ESA, the NRC requests FPL submit proposed changes to the EPP, Appendices B of the St. Lucie, Units 1 and 2 licenses, within 60 days of receipt ofthis letter.
Sincerely, Frederick J. Hebdon, Project Director Project Directorate II-3 Division of Reactor Project I/II Office of Nuclear Reactor Regulation Docket Nos. 50-335, 389 cc: See next page
T. Plunkett October 6,
1997 Regarding Condition No. 7, the NRC and NMFS recognize that this issue requires additional timefor NMFS, NRC, andFPLtoconductafurtherreviewoftheproeposal.
Therefore, NRC and NMFS agree to delay implementation of this condition until the other terms and conditions are implemented.
At that time, Condition No. 7 willbe reevaluated.
In fulfillingits requirements as the implementing agency under the ESA, the NRC requests FPL submit proposed changes to the EPP, Appendices B of the St. Lucie, Units 1 and 2 licenses, within 60 days of receipt of this letter.
Sincerely, Original Signed By:
Docket Nos. 50-335, 389 cc: See next page Frederick J. Hebdon, Project Director Project Directorate II-3 Division of Reactor Project I/II Office of Nuclear Reactor Regulation DISTRIBUTION: Docket-File DMstthews TEssig AHodgdon,OGC DOCUMENT NAME: A:St Lucie.TS PUBLIC FHebdon PGEB R/F JROE LWiens CCraig PDII3 St.Lucie R/F OFFICE PM:P E
SC:PGEB OGC (A)BC:P B
PM:PDII-3 D:PDII-3 CCr MCase AH o
TEssig LWie FHebdo DATE R /(
/97
/gb /97
'l n->(97 flM/97 OFFICIALRECORD COPY
/g-$/97
/0/ 6
/97
g=/) 4
Mr. T~ F. Plunkett Florida Poser and Light Company ST.
LUCIE PLANT CC:,
Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission 7585 S.
Hwy A1A Jensen Beach.
Florida 34957 Joe Myers, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 M. S.
Ross. Attorney Florida Power
& Light Company P.O.
Box 14000 Jun'o Beach, FL 33408-0420 John T. Butler, Esquire
- Steel, Hector and Davis 4000 Southeast Financial Center Miami, Flori da 33131-2398 Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce.
Florida 34982 Mr. Bill Passetti Office of'adiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.
Tallahassee.
Florida 32399-0700 National Marine Fisheries Service Southeast Region Protected Species Division 9721 Executive Center Drive North St. Petersburg.
Florida 33702 Regional Administrator Region II U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW., Suite 23T85
- Atlanta, GA 30303-3415 H.
N. Paduano, Manager Licensing
& Special Programs Florida Power and Light Company P.O.
Box 14000 Juno Beach, Florida 33408-0420 J.
A. Stall, Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen
- Beach, Florida 34957 Mr. J. Scarola Plant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach. Florida 34957 Mr. Kerry Landis U.S. Nuclear Regulatory Commission 61 Forsyth Street.
SW.. Suite 23T85
- Atlanta, GA 30303-3415 E. J.
Weinkam Licensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach.. Florida 34957
pe,AECy
+4 po t$
gl C
O IlA O~
+~
~O
++*++
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON> D.C. 2055&4001 October 6,
1997 Mr. Thomas F. Plunkett President, Nuclear Division Florida Power and Light Company Post Office Box 14000 Juno Beach, Florida 33408-0420
SUBJECT:
BIOLOGICALOPINION, ST. LUCIE PLANT, UNITS 1 AND2 (TAC NO. M99396/99397)
Dear Mr. Plunkett:
, By letter dated May 30, 1997, the NRC forwarded to Florida Power and Light (FPL) the Biological Opinion (BO) issued by the National Marine Fisheries Service (NMFS) of the Department of Commerce regarding consultation under Section 7 of the Endangered Species Act (ESA). NMFS determined that the continued operation of St. Lucie Units 1 and 2 is not likelyto jeopardize the continued existence of species listed in the opinion. However, NMFS concluded that operation of St. Lucie may adversely affect these species and, therefore, NMFS developed conservation recommendations and an incidental take statement (ITS). The terms and conditions included in the ITS were established to monitor the level of incidental takes and to minimize the adverse impacts of entrapment and the possibility of lethal takes of sea turtles.
The NRC letter requested FPL propose appropriate changes to the Environmental Protection Plan (EPP), Appendices B of the St. Lucie, Units and 1 and 2, licenses that would reference the ITS and implement the terms and conditions.
By letter dated August 4, 1997, FPL provided comments related to the terms and conditions of
, the BO, and a preliminary draft of the EPP changes for comment.
The draft changes include a proposal to make the EPP for Unit 1 consistent with Unit 2.
The NRC has reviewed the August 4, 1997, letter and discussed its contents with the NMFS.
The NRC did not evaluate the technical adequacy ofthe proposed changes to the EPP, but NRC agrees with making the two EPPs consistent.
NRC and NMFS disagree with the proposed changes to the ITS with one exception.
It should be noted that numerous discussions were held between NRC, NMFS, and FPL prior to the BO being issued in draft and final form..
The staff notes that by letter dated August 13, 1996, FPL provided NMFS comments on the draft ITS and BO. NMFS evaluated the comments and responded by letter dated August 16, 1996.
NMFS agreed with some ofthe FPL comments and disagreed with others.
The comments provided by FPL in the August 4, 1997, letter do not introduce new information beyond that included in the August 16, 1996, letter which was already considered by NMFS in formulating the final BO. The NRC and NMFS agree the BO, ITS, and terms and conditions, as outlined in February 1997, are final, with the exception of Condition No. 7.
T. Plunkett October 6,
1999 Regarding Condition No. 7, the NRC and NMFS recognize that this issue requires additional time for NMFS, NRC, and FPL to conduct a further review of the proposal.
Therefore, NRC and NMFS agree to delay implementation of this condition until the other terms and conditions are implemented. Atthat time, Condition No. 7 willbe reevaluated.
In fulfillingits requirements as the implementing agency under the ESA, the NRC requests FPL submit proposed changes to the EPP, Appendices 8 of the St. Lucie, Units 1 and 2 licenses, within 60 days of receipt of this letter.
Sincerely, Frederick J. Hebdon, Project Director Project Directorate II-3 Division of Reactor Project I/II Office of Nuclear Reactor Regulation Docket Nos. 50-335, 389 cc: See next page
T. Plunkett October 6,
1997 Regarding Condition No. 7, the NRC and NMFS recognize that this issue requires additional time for NMFS, NRC, and FPL to conduct a further review of the proposal.
Therefore, NRC and NMFS agree to delay implementation of this condition until the other terms and conditions are implemented.
Atthat time, Condition No. 7 willbe reevaluated.
In fulfillingits requirements as the implementing agency under the ESA, the NRC requests FPL submit proposed changes to the EPP, Appendices B of the St. Lucie, Units 1 and 2 licenses, within 60 days of receipt of this letter.
Sincerely, Orsgsnal Signed By:
Docket Nos. 50-335, 389 cc: See next page DISTRIBUTION: Docket File D Matthews TEssig AHodgdon,OGC DOCUMENT NAME: A:St Lucie.TS Frederick J. Hebdon, Project Director Project Directorate II-3 Division of Reactor Project I/II Office of Nuclear Reactor Regulation
~PUBLIC'GEB R/F JROE FHebdon LWiens CCraig PDII3 St.Lucie R/F OFFICE NAME PM:P E
CCr SC:PGEB MCase OGC AH o
(A)BC:P B
TEssig PM:PDII-3 LWie D:PDII-3 FHebdo DATE
'9 /f
/97
/g3'97 I />+/97
~I/W /97 OFFICIALRECORD COPY
/g-g-/97
/0/ la /97
Hr.
T> F. Plunkett Florida Power and Light Company ST.
LUCIE PU5T
. CC.:.
Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission 7585 S.
Hwy A1A Jensen Beach, Florida 34957 Joe Hyers. Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 H. S.
Ross. Attorney Florida Power
& Light Company P.O.
Box 14000 Juno Beach, FL 33408-0420 John T. Butler. Esquire
- Steel, Hector and Davis 4000 Southeast Financial Center Miami. Florida 33131-2398 Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Mr. Bill Passetti Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.
Tallahassee.
Florida 32399-0700 National Marine Fisheries Service Southeast Region Protected Species Division 9721 Executive Center Drive North St. Petersburg, Florida 33702 Regi onal Administrator Region II U.S. Nuclear Regulatory Commission 61 Forsyth Street.
SW., Suite 23T85 Atlanta.
GA 30303-3415 H. N. Paduano, Manager Licensing
& Special Programs Florida Power and Light Company P.O.
Box 14000 Juno Beach. Florida 33408-0420 J.
A. Stall, Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen
- Beach, Florida 34957 Mr. J. Scarola Plant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957 Hr. Kerry Landis U.S. Nuclear Regulatory Commission 61 Forsyth Street.
SW.. Suite 23T85
- Atlanta, GA 30303-3415 E. J.
Weinkam Licensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach. Florida 34957