ML19113A252
| ML19113A252 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/30/2019 |
| From: | Briana Grange Office of Nuclear Reactor Regulation |
| To: | US Dept of Commerce, National Marine Fisheries Service |
| Briana Grange 301-415-1042 | |
| References | |
| Download: ML19113A252 (11) | |
Text
From: Grange, Briana To: nmfs.gar.esa.section7@noaa.gov Cc: Erwin, Kenneth; Folk, Kevin; Rikhoff, Jeffrey; Snyder, Amy; Conway, Kimberly; Cruz Perez, Zahira; Watson, Bruce; Stalker, Allison C:(GenCo-Nuc); O"Brien, Edwin:(GenCo-Nuc); james.frank@exeloncorp.com; EndangeredSpecies Resource; RidsNrrPMOysterCreek Resource; Julie Crocker (julie.crocker@noaa.gov);
mark.murray-brown@noaa.gov; kimberly.damon-randall@noaa.gov
Subject:
Request to Reinitiate Endangered Species Act Section 7 Consultation for Oyster Creek Nuclear Generating Station Date: Tuesday, April 30, 2019 4:46:00 PM Attachments: NRC Oyster Creek Enclosure 1 - Table 1 Loggerhead Sea Turtle Captures at Oyster Creek.pdf NRC Oyster Creek Enclosure 2 - Oyster Creek Nuclear Generating Station Site Layout.pdf NRC Oyster Creek Enclosure 3 - References.pdf image003.png To whom it may concern:
With this email, the U.S. Nuclear Regulatory Commission (NRC) requests to reinitiate consultation with the National Marine Fisheries Service (NMFS) under the provisions of Section 7 of the Endangered Species Act of 1973, as amended (ESA), related to Oyster Creek Nuclear Generating Station (Oyster Creek or the station) in Ocean County, New Jersey. This email includes information explaining and supporting this request.
Background
On November 21, 2011, the NMFS (2011) issued a biological opinion for the continued operation of Oyster Creek under the terms of Renewed Facility Operating License No.
DPR-16, issued by the NRC to Exelon Generation Company, LLC (Exelon). The opinion considers the effects to three species of sea turtles resulting from interactions with the stations once-through cooling water intake and discharge systems. These systems withdraw and discharge water from the south branch of the Forked River, a tributary of the Barnegat Bay estuary, which flows into the Atlantic Ocean. The opinions incidental take statement exempts from the prohibitions of ESA Section 9 the capture or impingement of specified numbers of Kemps ridley sea turtles (Lepidochelys kempii), loggerhead sea turtles (Caretta caretta), and green sea turtles (Chelonia mydas) subject to compliance with reasonable and prudent measures and terms and conditions.
Two events prompt the NRCs current request to reinitiate consultation. First, Exelon exceeded the incidental take of loggerhead sea turtles specified in the biological opinion.
Second, Exelon has permanently ceased power generation at Oyster Creek. The following sections describe these events in more detail.
Exceedance of Loggerhead Incidental Take Limit The NMFSs biological opinion exempts the incidental take of six loggerheads in the form of capture or impingement at the Oyster Creek cooling water intakes from November 21, 2011, through April 9, 2029. On July 26, 2018, Exelon (2018a) personnel captured a seventh loggerhead at Oyster Creek since the biological opinion was issued. The individual was a live adult exhibiting older thoracic injuries. Although its injuries were not causally related to station operation, Exelon transported the turtle to the Marine Mammal Stranding Center in Brigantine, New Jersey, for treatment. Marine Mammal Stranding Center staff later euthanized the turtle due to the extent of its injuries.
Oyster Creek Shutdown On September 17, 2018, Exelon permanently ceased power generation at Oyster Creek.
Upon shutdown, Exelon (2018b) defueled the reactor, discontinued the use of the Dilution Water System (DWS), and reduced station cooling water intake from 1 million gallons per minute (gpm) to 250,000 gpm. In December 2018, Exelon (2018b) discontinued the use of 1
the Circulating Water System (CWS) and further reduced cooling water intake to 12,000 gpm. Presently, only two Oyster Creek water systemsthe Service Water System (SWS) and the Emergency Service Water System (ESWS)remain in operation. These systems provide cooling water to the spent fuel pool (SFP). The SFP and its heat exchangers will continue to require the current volume of 12,000 gpm of cooling water until Exelon transfers all spent fuel from the SFP to dry storage. Exelon (2018b) anticipates completing this transfer by March 2024. At that time, all water withdrawals from the Forked River will cease. Exelon (2018c) describes its shutdown and decommissioning activities in detail in its Post-Shutdown Decommissioning Activities Report, dated May 21, 2018.
Evaluation of the ESA Section 7 Reinitiation of Consultation Criteria The NMFSs and the U.S. Fish and Wildlife Services joint regulations at Title 50 of the Code of Federal Regulations (50 CFR) 402.16 specify four criteria that require the reinitiation of formal consultation where discretionary Federal involvement or control over the action has been retained or is authorized by law. This section evaluates each of the four reinitiation criteria and determines that two of the four criteria (i.e., 50 CFR 402.16(a) and 50 CFR 402.16(c)) apply to the NRCs current request to reinitiate consultation.
- If the amount or extent of taking specified in the incidental take statement is exceeded (50 CFR 402.16(a))
In its biological opinion, the NMFS (2011) exempts from the prohibitions of ESA Section 9 the capture or impingement at the Oyster Creek cooling water intakes of 71 Kemps ridley, 6 loggerhead, and 11 green sea turtles, inclusive of mortalities accounting for no more than 26 Kemps ridley, 1 loggerhead, and 2 green sea turtles through April 9, 2029. Since the NMFS issued its opinion, Exelon has captured 7 loggerhead sea turtles, as described previously. Details of each of these captures is provided in Table 1, Loggerhead Sea Turtle Captures at Oyster Creek, November 2011-Present (Enclosure 1). Based on this information, the 50 CFR 402.16(a) reinitiation criterion applies to the NRCs current request to reinitiate consultation. However, as explained below, because Oyster Creek has permanently shut down, additional future captures of sea turtles (of any species) at the station are extremely unlikely.
- If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered (50 CFR 402.16(b))
As explained above, Exelon permanently ceased power generation at Oyster Creek in September 2018. Following shutdown, Exelon discontinued the use of certain cooling water systems and significantly reduced cooling water intake flow from the Forked River.
These operational changes will result in smaller impacts on listed species than what the NMFS contemplated in its biological opinion, which assumes Oyster Creeks continued withdrawal of cooling water at rates associated with full power operation through 2029.
Nevertheless, the operational changes that Exelon has undertaken to shut down Oyster Creek have not created any new effects and would not otherwise affect listed species or critical habitat in a manner or to an extent not previously considered in past consultations between the NRC and the NMFS. The NRCs evaluation of these impacts appears below in the section titled, Effects of the Proposed Action. Accordingly, the 50 CFR 402.16(b) reinitiation criterion does not apply to the NRCs current request to reinitiate consultation.
- If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion (50 CFR 402.16(c))
2
The action that the biological opinion considers is the continued operation of Oyster Creek under the terms of its NRC-issued license through April 9, 2029. Because Exelon permanently ceased power operation in September 2018, the action has been modified.
Further, in the biological opinion, the NMFS (2011) anticipates that a future Section 7 consultation between NMFS and NRC would consider effects to listed species from any decommissioning plans or other activities associated with the future termination of operations at [Oyster Creek]. Thus, the 50 CFR 402.16(c) reinitiation criterion applies to the NRCs current request to reinitiate consultation.
- If a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16(d))
Since the issuance of the biological opinion, the NMFS has issued final rules designating critical habitat for the Northwest Atlantic distinct population segment of loggerhead sea turtles (79 FR 39755; 79 FR 51264). However, the four designated critical habitat units are nesting beaches encompassed within North Carolina, South Carolina, Georgia, Florida, Alabama, and Mississippi. No designated critical habitat occurs within New Jersey.
Therefore, no designated critical habitat occurs in the Oyster Creek action area. The NMFS has not listed any other species or designated any other critical habitat that may be affected by the proposed action. Therefore, the 50 CFR 402.16(d) reinitiation criterion does not apply to the NRCs current request to reinitiate consultation.
Proposed Action The proposed action for the current consultation is the shutdown and decommissioning of Oyster Creek. Under the proposed action, the NRC staff assumes that Oyster Creek will withdraw up to 12,000 gpm of water from the Forked River until April 2024, when it will cease all water withdrawals, as described below.
Exelon (2018b, 2018c) will perform initial decommissioning activities through March 2020 to prepare Oyster Creek for a period of dormancy. Between September and December 2018, Exelon defueled the reactor and transferred all spent fuel to the SPF. As part of initial decommissioning, Exelon will also drain fluids and de-energize reactor systems; reconfigure the electrical distribution, ventilation, heating, and fire protection systems; and perform other minor deconstruction activities. Exelon may also reconfigure systems required to operate the SFP. During this initial decommissioning period, Oyster Creek will continue to withdraw up to 12,000 gpm of water from the Forked River through the CWS intake at an intake velocity of 0.02 feet per second (fps) or less for purposes of providing cooling water to the SFP.
Dormancy will begin in March 2020 and extend through 2073. During the first stage of dormancy, spent fuel will remain in the SFP through March 2024, at which time Exelon (2018b, 2018c) will transfer all spent fuel from the SFP to onsite dry storage. Following this transfer, Exelon will drain and de-energize the SFP and its supporting systems, and all cooling water withdrawals from the Forked River will cease. The spent fuel will remain in dry storage until it is transferred to the U.S. Department of Energy for final disposal.
Decommissioning, including large component removal and decontamination, will begin in 2075. Site restoration will begin in 2078. Exelon (2018c) anticipates that the Oyster Creek site will be fully restored by April 2080.
The proposed action is further described in Exelons Post-Shutdown Decommissioning Activities Report (Exelon 2018c).
Action Area 3
In the biological opinion, the NMFS (2011) defines the action area as the intake areas of both the DWS and CWS intakes at [Oyster Creek], the south fork of the Forked River, Oyster Creek, and the region where the thermal plume extends into Barnegat Bay from Oyster Creek. This description of the action area remains relevant for the NRCs current request to reinitiate consultation.
Listed Species in the Action Area As explained previously, the listed species in the action area have not changed. These species are the Kemps ridley sea turtle, Northwest Atlantic distinct population segment of loggerhead sea turtle, and the green sea turtle. The NMFS (2011) describes these species in detail in the section of the biological opinion titled, Listed Species in the Action Area.
Effects of the Proposed Action Sea turtles are likely to occur in the action area from June through October (NMFS 2011).
Most sea turtles in the action area and in the larger region of the Barnegat Bay estuary are juveniles, although adults may occasionally be present (NMFS 2011).
In its biological opinion, the NMFS (2011) determined that Oyster Creek operation has the potential to impact listed sea turtles in several ways:
(1) impingement at either the DWS or CWS intake trash racks; (2) capture of free swimming sea turtles in the intake bays; (3) altering the abundance or availability of sea turtle prey items; and (4) altering water quality through the discharge of heated and chlorinated effluent.
The NMFS (2011) concluded that impingement and capture of sea turtles associated with Oyster Creek operation may adversely affect but is not likely to jeopardize the continued existence of any of the three species of sea turtles present in the action area. The NMFS (2011) determined that the potential effects on sea turtle prey and water quality would be insignificant.
During full power operation, Oyster Creek withdrew approximately 1 million gpm of Forked River water for cooling and auxiliary purposes (Exelon 2018b). River water entered the intake canal and, subsequently, the station through one of two intakes: the DWS intake or the CWS intake (see Figure 1, Oyster Creek Nuclear Generating Station Site Layout in ).
Upon the shutdown of Oyster Creek in September 2018, Exelon discontinued its use of the DWS. The associated DWS intake no longer withdraws water for any purposes. Thus, the proposed action would result in no impingement or capture of sea turtles at the DWS intake.
In December 2018, Exelon discontinued its use of the CWS, which eliminated the need for approximately 988,000 gpm of cooling water. The associated CWS intake remains in operation to supply water to the SWS and ESWS, both of which provide cooling water to the SFP. The current combined withdrawal rate of the SWS and ESWS is 12,000 gpm.
Exelon (2018b) estimates the intake water velocity at this reduced withdrawal rate to be less than 0.02 fps as compared to 2.0 fps when Oyster Creek operated at full power. SWS and ESWS withdrawals will continue at the current rate through March 2024, at which time Exelon will have transferred all spent fuel to dry storage. After March 2024, Oyster Creek will no longer require cooling water for any of its systems, and all water withdrawals will cease.
4
Under current conditions, the likelihood of sea turtle impingement or capture at the CWS intake between now and March 2024 is virtually zero due to the low CWS intake water flow and velocity. The NRC staff expects that any sea turtles that enter the intake canal will be capable of avoiding impingement by swimming against the minimal intake current to exit the canal. In an evaluation of the potential impacts of Oyster Creek shutdown and decommissioning on sea turtles, Exelon (2018b) estimated the number of sea turtles likely to be impinged or captured at the CWS intake through March 2024 by scaling the NMFSs (2011) anticipated take of each of the three species under full power operation.
Accordingly, Exelon (2018b) projected that a cumulative total of 0.48 Kemps ridley sea turtles, 0.042 loggerhead sea turtles, and 0.077 green sea turtles would be impinged or captured at the CWS intake through March 2024. The NRC staff finds these projections to be reasonable based on the large (83.3%) reduction in cooling water intake flow paired with the reduced number of years over which sea turtles would remain susceptible to impingement or capture. Further, these projections are low enough to render sea turtle impingement or capture a discountable impact because it would be extremely unlikely for a sea turtle (of any species) to be impinged or captured through March 2024. After March 2024, all Oyster Creek-related water withdrawals from the Forked River will cease, which will wholly eliminate the potential for sea turtle impingement or capture.
With respect to effects on sea turtle prey and water quality, the NMFS (2011) determined in its biological opinion that all such effects would be insignificant under full power operation.
The NMFS (2011) found no evidence that sea turtles in the action area are affected by reduced availability of prey items (e.g., blue crabs (Callinectes sapidus), hard clams, and various shrimp) related to impingement or entrainment of those prey into the Oyster Creek cooling water intake system. The NMFS (2011) found that chlorine in Oyster Creeks effluent discharge has insignificant effects on sea turtles and on sea turtle prey because chemicals in the effluent rapidly dilute upon entering the receiving water body (i.e., the Forked River via the discharge canal). Finally, the NMFS (2011) found that thermal effluent does not increase the vulnerability of sea turtles in the action area to cold stunning and does not affect the ability of sea turtles to successfully forage within the action area. The proposed action would further reduce the potential for all of these effects to be meaningfully measured, detected, or evaluated, and such effects would never reach the scale where a take would occur. Accordingly, the NRC staff concludes that through March 2024, all sea turtle prey and water quality effects would remain insignificant under the proposed action.
After March 2024, all water withdrawals from the Forked River will cease, which will wholly eliminate the potential for such effects.
The NRC staff also considered whether the proposed action would create unique effects that have not already been addressed in previous consultations between the NRC and the NMFS. Exelon (2018c) anticipates that earth-moving work (i.e., digging, grading, and filling) during site dismantlement and demolition could impact water quality through erosion or sedimentation. During this period, barge transport of large components to Barnegat Bay and beyond could require dredging portions of the Forked River between Oyster Creek and Barnegat Bay (Exelon 2018c). However, these activities would be subject to State and Federal permits, and Exelon would employ best management practices to limit impacts to the aquatic environment. Further, water quality impacts, barge traffic, and dredging are all activities that occurred periodically during Oyster Creek operation and, therefore, are not new effects. The NRC staff expects that such impacts during the shutdown and decommissioning period would be similar to or less than those experienced by the aquatic environment in the past and would not result in measurable or detectable impacts on sea turtles. Accordingly, these impacts would be insignificant.
5
Conclusion In the above analysis, the NRC staff finds that all potential impacts of Oyster Creek shutdown and decommissioning would be discountable or insignificant. Therefore, the NRC staff concludes that the proposed action may affect, but is not likely to adversely affect the Kemps ridley sea turtle, loggerhead sea turtle, and green sea turtle.
Additional Information In connection with the proposed action, Exelon has prepared the following reports. These reports provide additional information on the shutdown and decommissioning of Oyster Creek and may support the NMFSs review of the NRCs request to reinitiate consultation.
Full citations for these documents appear in the NRCs reference list in Enclosure 3.
- Oyster Creek Generating Station Post-Shutdown Decommissioning Activities Report (Exelon 2018c): This report describes Exelons planned decommissioning activities as well as the anticipated schedule, environmental impacts, and projected cost associated with completing such activities.
- Evaluation of Changed Circumstances that Affect Protected Sea Turtles at Oyster Creek Nuclear Generating Station (Exelon 2018b): This document evaluates the potential effects of Oyster Creek shutdown and decommissioning on the three species of sea turtles present in the action area.
Request for Reinitiated Consultation With this e-mail, the NRC requests to reinitiate ESA Section 7 consultation with the NMFS related to the proposed action of Oyster Creek shutdown and decommissioning. The NRC requests that as part of the reinitiated consultation, the NMFS consider whether the incidental take statement, reasonable and prudent measures, and terms and conditions of the November 21, 2011, biological opinion remain relevant given the discountable likelihood of sea turtle capture or impingement under the proposed action.
The NRC staff asks that the NMFS work with the NRC staff to complete the reinitiated consultation and issue a revised incidental take statement (if determined to be appropriate) within the 135-day timeframe set forth at 50 CFR 402.14(e). If such a timeframe cannot be met, please contact me by phone or email to discuss an alternative timeframe at your earliest convenience.
Thank you, Briana Briana A. Grange Conservation Biologist Division of Materials and License Renewal Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission (301) 415-1042 briana.grange@nrc.gov 6
ML19113A252 CONCURRENCE OFFICE CB:MENB:DMLR OGC:NLO (A)BC:MENB:DMLR NAME BGrange JWachutka KErwin (J. Rikhoff for)
DATE 4/30/2019 4/30/2019 4/30/2019 U.S. Nuclear Regulatory Commission Request to Reinitiate Endangered Species Act Section 7 Consultation for Oyster Creek Nuclear Generating Station April 30, 2019 Table 1. Loggerhead Sea Turtle Captures at Oyster Creek, November 2011-Present Date Impingement Reactor Power Condition ADAMS No.(c)
Site(a) Level (%)(b)
Sep 1, 2013 DWS 100 Alive. Turtle missing small ML13283A016 piece of shell on posterior right side. Transported to Marine Mammal Stranding Center (MMSC) in Brigantine, NJ, for treatment.
Sep 7, 2013 DWS 100 Dead. Turtle had four large ML13283A016 injuries on carapace consistent with boat propeller strikes. Death determined to be unrelated to station operation.
Jul 3, 2014 DWS 100 Alive. Turtle missing half of ML14226A003 right front flipper, part of the rear carapace, and a few scutes. Transported to MMSC for treatment.
Aug 25, 2016 DWS 99 Alive. Turtle exhibited old ML16271A407 boat strike injuries and deformity on left front flipper.
Transported to MMSC for treatment.
Jun 13, 2017 CWS 100 Alive. Turtle had minor ML17206A036 scrapes on plastron and no other obvious injuries.
Transported to MMSC for assessment and possible treatment.
Jun 4, 2018 DWS 100 Alive. Turtle exhibited ML18191B124 fractured carapace and plastron in several places.
Transported to MMSC for treatment.
ENCLOSURE 1 8
Date Impingement Reactor Power Condition ADAMS No.(c)
Site(a) Level (%)(b)
Jul 26, 2018 CWS 87.6 Alive. Turtle exhibited older ML19022A262 thoracic injury. Transported to MMSC and later euthanized due to its thoracic injury.
(a)
CWS = Circulating Water System and DWS = Dilution Water System.
(b)
Under the NRC renewed facility operating license, Oyster Creek may operate at up to 1,930 megawatts thermal at full (100%) power. During full power operation, the total maximum cooling water intake flow from Barnegat Bay via the south branch of the Forked River was approximately 1 million gallons per minute (gpm), and the flow rate in the intake canal was typically 2.0 feet per second (fps) or less.
(b)
References can be accessed through the NRCs web-based ADAMS search engine at http://adams.nrc.gov/wba/. Click on the Advanced Search tab and choose the following criteria under Document Properties: Accession Number in the Property box, is equal to in the Operator box, and the ADAMS accession number of the document in the Value box.
ENCLOSURE 1 9
U.S. Nuclear Regulatory Commission Request to Reinitiate Endangered Species Act Section 7 Consultation for Oyster Creek Nuclear Generating Station April 30, 2019 Figure 1. Oyster Creek Nuclear Generating Station Site Layout Figure Source: NRC 2007 ENCLOSURE 2 10
U.S. Nuclear Regulatory Commission Request to Reinitiate Endangered Species Act Section 7 Consultation for Oyster Creek Nuclear Generating Station April 30, 2019 References 79 FR 39755. Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Northwest Atlantic Ocean Distinct Population Segment of the Loggerhead Sea Turtle. Federal Register 79(132): 39755-39854. July 10, 2014.
79 FR 51264. Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Northwest Atlantic Ocean Distinct Population Segment of the Loggerhead Sea Turtle; Correction. Federal Register 79(167): 51264-51266. August 28, 2014.
[NMFS] National Marine Fisheries Service. 2011. Endangered Species Act Section 7 Consultation Biological Opinion; Nuclear Regulatory Commission; Reinitiation - Continued Operation of Oyster Creek Nuclear Generating Station pursuant to a License issued by the NRC in April 2009. November 21, 2011. ADAMS Accession No. ML12006A217.
[NRC] U.S. Nuclear Regulatory Commission. 2007. Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Oyster Creek Nuclear Generating Station.
NUREG-1437, Supplement 28. January 2007. ADAMS Accession Nos. ML070100234 and ML070100258.
[Exelon] Exelon Generation. 2018a. Letter from J. Dostal, Site Decommissioning Director, Exelon, to National Marine Fisheries Service. Annual Sea Turtle Incidental Take Report - 2018.
December 13, 2018. ADAMS Accession No. ML19022A262.
[Exelon] Exelon Generation. 2018b. Letter from M. Gallagher, License Renewal &
Decommissioning Vice President, Exelon, to NRC. Request to Reinitiate Consultation Regarding the OCNGS Sea Turtle Incidental Take Statement. October 16, 2018. ADAMS Accession No. ML18289A370.
[Exelon] Exelon Generation. 2018c. Letter from M. Gallagher, License Renewal &
Decommissioning Vice President, Exelon, to NRC. Oyster Creek Nuclear Generating Station -
Post-Shutdown Decommissioning Activities Report. May 21, 2018. ADAMS Accession No. ML18141A775.
ENCLOSURE 3 11