ML19170A118

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Summary of Teleconference with NMFS Regarding Oyster Creek Endangered Species Act Section 7 Consultation
ML19170A118
Person / Time
Site: Oyster Creek
Issue date: 06/19/2019
From: Briana Grange
Division of Materials and License Renewal
To:
Briana Grange 301-415-1042
References
Download: ML19170A118 (2)


Text

Teleconference with the National Marine Fisheries Service Regarding Endangered Species Act Section 7 Consultation for Oyster Creek Nuclear Generating Station Shutdown and Decommissioning June 19, 2019 TELECONFERENCE DATE June 12, 2019 PARTICIPANTS U.S. Nuclear Regulatory Commission (NRC)

Briana Grange, Conservation Biologist Amy Snyder, Senior Project Manager Benjamin Beasley, Environmental Review Branch Chief National Marine Fisheries Service (NMFS)

Julie Crocker, Endangered Fish Branch Chief Exelon Generation - Corporate Allison Stalker, Environmental Specialist Leslie Holden, Decommissioning Transition & Licensing Engineer Nancy Ranek, License Renewal Environmental Lead Exelon Generation - Oyster Creek Ed OBrien, Senior Environmental Chemist Jeff Dostal, Plant Manager Jerome Chrisman, Site Decommissioning Chemistry/Environmental Specialist James Frank, Regulatory Assurance Lead Decommissioning Nancy Ranek, License Renewal Environmental Lead Steve Johnston, Operations Manager Comprehensive Decommissioning International Tom Williamson, Senior Project Manager TELECONFERENCE NOTES

  • Briana Grange, NRC, discussed the background information relevant to the teleconference and related to Endangered Species Act (ESA) Section 7 consultation with the NMFS for Oyster Creek, as summarized below.

- In 2011, the NMFS issued a biological opinion for Oyster Creek that covers the continued operation of the facility under the NRC-issued renewed facility operating license through its expiration date in 2029. The opinion addresses three species of sea turtles.

- In September 2018, Exelon permanently shut down Oyster Creek and began decommissioning activities at the site.

- In April 2019, the NRC requested to reinitiate ESA Section 7 consultation with the NMFS for the new Federal action of Oyster Creek shutdown and decommissioning.

- In May 2019, the NMFS requested additional information from the NRC to assist the NMFS in performing its review of the Federal action.

- On June 11, 2019, the NRC responded to the NMFSs requests.

  • Briana also summarized recent discussions and questions concerning the terms and conditions (T&Cs) of the 2011 biological opinion.

- Exelon has asked the NRC several questions regarding whether the T&Cs of the 2011 biological opinion continue to apply under shutdown conditions.

- Specifically of concern to Exelon is T&C #1 of reasonable and prudent measure (RPM) #1, which states: To implement RPM #1, the CWS [Circulating Water System] and DWS [Dilution Water System] (when operational) intake trash bars must be cleaned daily from June 1 to October 31.

- After speaking with the NMFS, the NRC staff clarified the applicability of this T&C in a May 29, 2019, email to Exelon. The staffs email stated that T&C #1 of RPM #1 no longer applies to the DWS because it is no longer operational. However, the T&C continues to apply to the CWS because the plant continues to use the CWS intake to draw water for the Service Water and Emergency Service Water Systems.

  • Julie Crocker, NMFS, affirmed that the NMFS agrees with the NRCs interpretation of T&C #1 of RPM #1. Julie also explained that the T&Cs of the 2011 biological opinion will continue to apply until the NRC and the NMFS complete the reinitiated consultation, at which point the NMFS could either replace or rescind the 2011 biological opinion.
  • Exelon stated that this interpretation of CWS(when operational) within the context of the T&Cs of the biological opinion is different than what its personnel had interpreted the term to mean.
  • Exelon explained that it permanently turned off the CWS pumps in March 2019. From March and until June 1, Exelon performed no trash rack cleaning, and none was required by the biological opinion. During that time, Exelon personnel observed no trash or debris on the trash rack grates and no visible flow of water through the racks.
  • Julie stated that she expects that the NMFS can complete the reinitiated consultation by the end of summer 2019. However, the NMFS has not established a firm internal schedule at this time.
  • Briana clarified that the NRCs June 12, 2019, responses to the NMFSs additional information requests should complete the reinitiation package required for consultation. As such, any consultation clock or schedule would be based off this date as the reinitiation date withstanding any additional requests from the NMFS.

The NMFS, Exelon, and Comprehensive Decommissioning International were provided an opportunity to review and comment on this teleconference summary prior to its finalization.