ML18051A980
| ML18051A980 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/15/2018 |
| From: | Benjamin Beasley NRC/NRR/DMLR/MENB |
| To: | Vitale A Entergy Nuclear Operations |
| Briana Grange 301-415-1042 | |
| Shared Package | |
| ML18051A978 | List: |
| References | |
| Download: ML18051A980 (3) | |
Text
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March 15, 2018 Mr. Anthony Vitale Site Vice President Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB Buchanan, NY 10511-0249
SUBJECT:
TRANSMITTAL OF THE NATIONAL MARINE FISHERIES SERVICES FEBRUARY 9, 2018, REVISED INCIDENTAL TAKE STATEMENT FOR INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 LICENSE RENEWAL
Dear Mr. Vitale:
Pursuant to Section 7 of the Endangered Species Act of 1973, as amended (ESA), and by letter dated November 27, 2017,1 the U.S. Nuclear Regulatory Commission (NRC) staff requested that the National Marine Fisheries Service (NMFS) revise the incidental take statement (ITS) for Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3) contained in the NMFSs January 30, 2013, biological opinion.2 The NRC staff requested revision of the ITS to reflect current information concerning the early retirements of IP2 and IP3; the current condition of the Indian Point Nuclear Generating Unit No. 1 trash racks; and monitoring plans for the various components of the IP2 and IP3 cooling water intake structures (i.e., the forebays, IP2 and IP3 trash racks, and IP2 and IP3 Ristroph screens). The NRC staffs letter also requested the NMFSs concurrence with the staffs not likely to adversely affect determination for Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) critical habitat. Consultation between the NRC and the NMFS continued following the NRC staffs request until February 9, 2018.
Consultation between the NRC and the NMFS under ESA Section 7 concluded on February 9, 2018, with the NMFSs issuance of a revised ITS for IP2 and IP3.3 The revised ITS replaces the ITS in the NMFSs January 30, 2013, biological opinion. The NMFS transmitted an electronic copy of the revised ITS to the NRC and representatives of Entergy Nuclear Indian Point 2, LLC; Entergy Nuclear Indian Point 3, LLC; and Entergy Nuclear Operations, Inc. (collectively, 1 U.S. Nuclear Regulatory Commission. Letter from B. Beasley, NRC, to K. Damon-Randall, NMFS.
Subject:
Request for amended incidental take statement and concurrence with not likely to adversely affect determination for Atlantic sturgeon critical habitat related to IP2 and IP3 license renewal.
November 27, 2017. Agencywide Documents Access and Management System (ADAMS) Accession No. ML17306A100.
2 National Marine Fisheries Service. Biological Opinion for Continued Operations of the Indian Point Nuclear Generating Unit Nos. 2 and 3, Pursuant to Existing and Proposed Renewed Operating Licenses.
January 30, 2013. 163 p. ADAMS Accession No. ML13032A256.
3 National Marine Fisheries Service. Letter from M. Pentony, NMFS, to B. Beasley, NRC.
Subject:
Revised incidental take statement for IP2 and IP3 and concurrence with not likely to adversely affect determination for Atlantic sturgeon critical habitat. February 9, 2018. ADAMS Accession No. ML18051A316.
Entergy) on February 9, 2018. The NMFSs transmittal letter and the revised ITS are enclosed.
The revised ITS reflects the best available information to identify the incidental take of shortnose (Acipenser brevirostrum) and Atlantic sturgeon that is reasonably certain to occur during the proposed IP2 and IP3 license renewal term. The revised ITS also includes Reasonable and Prudent Measures that the NMFS has determined to be necessary or appropriate to minimize the amount or extent of incidental take and associated Terms and Conditions, which are non-discretionary and implement the Reasonable and Prudent Measures.
Regarding Atlantic sturgeon critical habitat, the NMFSs transmittal letter concludes that for the purposes of ESA Section 7(a)(2), all effects would be insignificant or discountable and that the effects of the action are not likely to adversely affect critical habitat designated for the New York Bight Distinct Population Segment of Atlantic sturgeon.
As part of its license renewal review, the NRC will develop a license condition related to the biological opinion and revised ITS for incorporation into the renewed licenses, if issued. The staff will be in communication with the appropriate Entergy representatives regarding the development of this condition.
If you have any questions regarding this letter, please contact Ms. Briana Grange, Biologist, of my staff at 301-415-1042 or by e-mail at briana.grange@nrc.gov.
Sincerely,
/RA/
Benjamin Beasley, Chief Environmental Review and NEPA Branch Division of Materials and License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosure:
Revised Incidental Take Statement (ADAMS Accession No. ML18051A316)
ML18051A978 (package) and ML18051A980 (document)
- concurred via email OFFICE AB:MENB:DMLR LA:MRPB:DMLR OGC:NLO BC:MENB:DMLR NAME BGrange YEdmonds STurk BBeasley DATE 3/13/18 2/05/18 3/07/18 3/15/18