ML18096B282
| ML18096B282 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 02/18/1993 |
| From: | Chris Miller Office of Nuclear Reactor Regulation |
| To: | Miltenberger S Public Service Enterprise Group |
| References | |
| TAC-M85124, TAC-M85125, TAC-M85126, NUDOCS 9302230116 | |
| Download: ML18096B282 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555 Docket Nos. 50-272, 50-311, and 50-354 Mr. Steven E. Miltenberger Vice President and Chief Nuclear Officer Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038
Dear Mr. Miltenberger:
February 18, 1993
SUBJECT:
RESPONSE TO COMMENTS ON REVISED SECTION 7 CONSULTATION, BIOLOGICAL OPINION, SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2, HOPE CREEK GENERATING STATION {TAC NOS. M85124, M85125, AND M85~26)
In your letter, dated November 20, 1992, you provided comments on the Section 7 Consultation, Biological Opinion, prepared by the National Marine Fisheries Service (NMFS) and transmitted to you by a U.S. Nuclear Regulatory Commission (NRC) letter dated August 25, 1992.
We discussed your comments with Ms.
Colleen Coogan of NMFS on February 2, 1993 and they are addressed below:
Your first and second comments regard the take limit in the Incidental Take Statement {ITS).
The ITS allows an annual take limit of 5 Kemp's ridley and 5 green turtles with up to two mortalities for each species.
The Section 7 Consultation transmittal letter from W. W. Fox, Jr. (NMFS) to S. A. Varga {NRC), dated August 4, 1992, stated that the annual mortality limit was 2 green and 1 Kemp's ridley.
In your NovembeY 20, 1992, letter you stated that you considered the Incidental Take Statement to have precedence over the transmittal letter. Based on our discussion with NMFS we have determined that the transmittal letter is correct, limiting the annual incidental take allowance for green turtles to two mortalities and Kemp's ridley to one mortality.
In a letter dated September 9, 1992, NMFS stated that they were reinitiating consultation with the NRC because there were two fresh dead Kemp's ridleys taken in 1992 (thereby exceeding the take limit of one).
The discrepancy between the transmittal letter and the ITS that you noted in your letter will be corrected when the reinitiated Section 7 Consultation is completed.
Because the Appendix B, Environmental Protection Plan {EPP), of the.
Salem 1 and 2 licenses specifically reference the January 2, 1991, Section 7 Biological Opinion, the EPP should be amended to reflect the latest biological opinion when it is issued later this year.
220033 9302230116 930218 PDR ADOCK 05000272 p
.. Jr Mr. Steven February 18, 1993 Your third comment states that you believe that the Section 7 Consultation {as transmitted by the August 25, 1992 letter from NRC) relieves the Hope Creek Generating Station {HCGS) from the monitoring requirements currently contained in Appendix B to the HCGS Facility Operating License {i.e., the EPP).
We concur with your comment on this issue.
Your final comment states that there was an error in Table 3, "Lepidochelys kempi Incidental Captures," of the Biological Opinion.
Your letter states that an entry in the table, dated August 11, 1980, is in error.
On January 27, 1993, Mr. Stephen Dembek (NRC} spoke with Mr.
Michael Haberland of your staff regarding this apparent error. Mr.
Haberland told Mr. Dembek that the table in the Biological Opinion was in fact correct and your November 20, 1992 letter was in error. Therefore, no changes will be made to the NMFS data base.
Should you have any questions on the above responses please contact Mr. Dembek at (301) 504-1422.
cc:
See next page Sincerely, cA~i!Yf~
Charles L. Miller, Director Project Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
Mr. Steven E. Miltenberger Public Service Electric & Gas Company cc:
Mark J. Wetterhahn, Esquire Winston & Strawn 1400 L Street NW Washington, DC 20005-3502 Richard Fryling, Jr., Esquire Law Department - Tower SE 80 Park Place Newark, NJ 07101 Mr. Calvin A. Vondra General Manager - Salem Operations Salem Generating Station P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. S. LaBruna Vice President - Nuclear Operations Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Mr. Thomas P. Johnson, Senior Resident Inspector Salem Generating Station U.S. Nuclear Regulatory Commission Drawer I Hancocks Bridge, NJ 08038 Dr. Jill Lipoti, Asst. Director Radiation Protection Programs NJ Department of Environmental Protection and Energy CN 415 Trenton, NJ 08625-0415 Maryland People's Counsel American Building, 9th Floor 231 East Baltimore Street Baltimore, Maryland 21202 Mr. J. T. Robb, Director Joint Owners Affairs Philadelphia Electric Company 955 Chesterbrook Blvd., SlA-13 Wayne, PA 19087 Salem Nuclear Generating Station, Units 1 and 2, and Hope Creek Generating Station Richard Hartung Electric Service Evaluation Board of Regulatory Commissioners 2 Gateway Center, Tenth Floor Newark, NJ 07102 Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Lower Alloways Creek Township c/o Mary 0. Henderson, Clerk Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038 Mr. Frank X. Thomson, Jr., Manager Licensing and Regulation Nuclear Department P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. David Wersan Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120 Mr. J. A. Isabella MGR. - Generation Department Atlantic Electric Company P.O. Box 1500 1199 Black Horse Pike Pleasantville, NJ 08232 Carl D. Schaefer External Operations - Nuclear Delmarva Power & Light Company P.O. Box 231 Wilmington, DE 19899 Public Service Commission of Maryland Engineering Division ATTN:
Chief Engineer 231 E. *Baltimore Street Baltimore, MD 21202-3486
Mr. Steven E. Miltenberger Public Service Electric & Gas Company cc:
Hope Creek Resident Inspector U.S. Nuclear Regulatory Commission Drawer I Hancocks Bridge, New Jersey 08038 Mr. J. J. Hagan General Manager - Hope Creek Operations Hope Creek Generating Station P.O. Box 236 Hancocks Bridge, New Jersey 08038 Salem Nuclear Generating Station, Unit I and 2, and Hope Creek Generating Station
Mr. Steven February 18, 1993 Your third comment states that you believe that the Section 7 Consultation (as transmitted by the August 25, 1992 letter from NRC) relieves the Hope Creek Generating Station (HCGS) from the monitoring requirements currently contained in Appendix B to the HCGS Facility Operating License (i.e., the EPP).
We concur with your comment on this issue.
Your final comment states that there was an error in Table 3, "Lepidochelys kempi Incidental Captures," of the Biological Opinion.
Your letter states that an entry in the table, dated August 11, 1980, is in error.
On January 27, 1993, Mr. Stephen Dembek (NRC) spoke with Mr.
Michael Haberland of your staff regarding this apparent error.
Mr.
Haberland told Mr. Dembek that the table in the Biological Opinion was in fact correct and your November 20, 1992 letter was in error. Therefore, no changes will be made to the NMFS data base.
Should you have any questions on the above responses please contact Mr. Dembek at (301) 504-1422.
cc:
See next page DI STR IBUT ION Docket File NRC & Local PDRs PDI-2 Reading SVarga JCalvo CMi 11 er SDembek JStone MO' Brien MMasnik OGC ACRS (10)
EWenzinger, RGN-I JWhite, RGN-I OFFICE NAME DATE OFFICIAL RECO D COPY DOCUMENT NAME:
HC85124.GEN Sincerely, Original signed by:
Charles L. Miller, Director Project Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation ONO B pt,,,f'W'1 MMasnik Z I 17/93