ML20083F596
| ML20083F596 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/23/2020 |
| From: | Briana Grange Office of Nuclear Material Safety and Safeguards |
| To: | |
| Briana Grange 301-415-1042 | |
| References | |
| Download: ML20083F596 (5) | |
Text
Teleconference with the National Marine Fisheries Service (NMFS) Regarding Biological Opinion for Indian Point Nuclear Generating Unit Nos. 2 and 3 Action: Continued Operations March 23, 2020 TELECONFERENCE DATE March 12, 2020 PARTICIPANTS Jones Day U.S. Nuclear Regulatory Commission (NRC)
Elise Zoli Briana Grange ASA Analysis & Communication NMFS John Young Julie Crocker Normandeau Associates, Inc.
Julie Williams Chris Gurshin Entergy Mark Mattson Susan Floyd Jess Melgey Carlos Garcia Dara Gray BACKGROUND
- The Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3) renewed licenses require Entergy Nuclear Indian Point 2, LLC; Entergy Nuclear Indian Point 3, LLC; and Entergy Nuclear Operations, Inc. (collectively, Entergy) to comply with the NMFSs biological opinion dated January 30, 2013, as amended on February 9, 2018.
- Term and Condition 15 of the biological opinion, as amended, requires NRC, NMFS, and Entergy to engage in an annual meeting before March 15 of each year that either IP2 or IP3 remains in commercial operations to review sturgeon take information for the previous year.
- The March 12, 2020, teleconference fulfilled this requirement.
TELECONFERENCE NOTES
- Currently, IP2 is scheduled to shut down on April 30, 2020. Entergy will initiate power reductions beginning March 16, 2020.
- IP3 remains scheduled to permanently shut down by April 30, 2021.
- In 2019, Normandeau Associates, Inc., (Normandeau) performed sturgeon monitoring in April, May, September, and October on 50 days per unit for a total of 100 sample days.
- Researchers collected no sturgeon during 2019 sampling.
- Thirty-seven species were collected as by-catch, including bay anchovy, weakfish, hogchoker, Atlantic menhaden, and shad.
- Additional teleconference notes appear in the enclosed email dated March 17, 2020, from Ms. Elise Zoli, Jones Day, on behalf of Entergy.
FOLLOW UP ACTIONS
- NMFS will consider Entergys proposal to reduce sturgeon monitoring efforts beginning with April 2020 sampling and will re-engage NRC and Entergy once it has determined its position.
- Entergy will continue to keep NRC and NMFS informed of its ability to perform monitoring and fulfill other biological opinion requirements in response to COVID-19 developments and precautionary measures.
- NRC will prepare a teleconference summary and will follow-up with NMFS regarding the reduced sturgeon monitoring proposal.
All meeting participants were provided an opportunity to review and comment on this teleconference summary prior to its finalization.
From: Zoli, Elise N.
To: Grange, Briana; Julie Crocker (julie.crocker@noaa.gov); Julie Williams Esq. (julie.williams@NOAA.gov); Floyd, Susan Margaret; Gray, Dara F; cgarci1@entergy.com; Mark Mattson; Chris Gurshin; Chris Sweeney; jmelgey@normandeau.com; Nevens, Michelle K.
Cc: "John Young"
Subject:
[External_Sender] RE: Annual Report Meeting: Indian Point, Monitoring Date: Tuesday, March 17, 2020 11:27:29 AM NRC, NOAA and NMFS teams, thank you for your time and participation in our Annual Report call, which occurred on Thursday, March 12, 2020. As you may recall, we discussed the following matters, which are briefly summarized below:
- Indian Points status. Entergy confirmed the scheduled cessation of electric-generating activities (each, a Closure) in April 2020 (Unit 2) and April 2021 (Unit 3). Entergy specifically outlined the current ramp-down of Indian Point 2, with that closure expected to occur no later than April 30, 2020.
- Completion of the intensive 2019 Sturgeon monitoring of the Unit 2 and Unit 3 Ristroph screens, as well as all reporting to NRC, NOAA and NMFS, consistent with the BiOp/ITS. As reflected in the Annual Report and despite the sampling intensity that was performed by Normandeau during periods selected (based on the fact that they occurred when impingement had historically been highest), not a single Sturgeon was observed during the entire 2019 Monitoring program. While not detailed here, Drs. Mattson and Young outlined that this result - zero impinged Sturgeon -- was consistent with their scientific expectations. The specifically discussed the location of the screens, the size and swimming capabilities of Sturgeon, and the cessation of the historic fisheries that are believed to be the source of historic morbidity and mortality that had resulted (through 1990) in subsequent, passive Indian Point impingement.
- Certain, potential implications of the rapidly evolving COVID-19 dynamic.
As Entergy indicated, based on the 2019 Sturgeon Monitoring results and for the reasons that were discussed (including to reduce the collateral impacts to other species of continued monitoring and the planned permanent Closures of the Indian Point units), Entergy respectfully submits that reduced Sturgeon monitoring and reporting at Unit 3 is appropriate. As we underscored, Entergy nonetheless remains committed to and proposes continued future Sturgeon monitoring at Unit 3 as follows:
- Entergy personnel trained with respect to Sturgeon identification will perform a visual inspection of the Unit 3 Ristroph screens and fish return system at a frequency as follows:
- no less than once per day,
- for no fewer than three (3) days a week,
- in every week during the months of April, May, September and October.
- Entergy will continue to provide reports on the results of this monitoring as provided in the BiOP/ITS with only a limited reduction in reporting frequency, where appropriate. Specifically, this means:
- immediate and weekly reporting, as contemplated in the BiOp/ITS, of any sighted Sturgeon.
- monthly and annual monitoring, where no Sturgeon observations occur.
- to the extent that semi-annual inspections of the trash racks continue to be performed, simultaneous visual Sturgeon monitoring and reporting of sighted Sturgeon also will occur.
ENCLOSURE
Finally, as we also discussed, the Station is at the outset of a COVID-19 dynamic that is unprecedented and rapidly evolving. While we cannot presume to know how such a dynamic will evolve, in the interest of transparency, we wanted to underscore our discussion. Specifically: (1) consultant availability, as well as badging and entry to the site in late March and early April, cannot be presumed; absent these, the April 1, 2020 Normandeau Associates, Inc. monitoring at Unit 3 may not commence; and (2) while we ask that NRC/NOAA/NMFS conclude that Entergys proposal for Entergy personnel monitoring, as suggested above, is the responsible path forward, we respectfully advise you that other site-based, COVID-19 considerations may limit the ability of those personnel to be present on-site or to have access to the areas required for monitoring, among other circumstances.
Thus, and on balance, while we believe that the above proposed monitoring at Indian Point 3 is appropriate based on the best available scientific information, we also respectfully submit that it anticipates what may be a rapidly evolving COVID-19 dynamic. To that end, we respectfully request that NRC/NOAA/NMFS concur with the reduced monitoring at Indian Point 3 prior to April 1, 2020.
We also requested a follow-up call to discussed your thoughts on the proposed monitoring, and look forward to your providing dates next week. Michelle is copied to facilitate that process, including for the many of us perhaps working remotely, with my thanks.
Finally, we expected our best wishes to you and yours in a difficult time. Elise Elise N. Zoli (Bio)
Partner Among the most influential women in energy law (subscription).
JONES DAY - One Firm Worldwide 100 High Street, 21st Floor Boston, MA 02110-1781 Direct: +1.617.449.6807 Cell: +617.461.7062 ezoli@jonesday.com
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ENCLOSURE
From: Grange, Briana To: Zoli, Elise N.; Julie Crocker (julie.crocker@noaa.gov); Julie Williams Esq. (julie.williams@NOAA.gov); Floyd, Susan Margaret; Gray, Dara F; cgarci1@entergy.com; Mark Mattson; Chris Gurshin; Chris Sweeney; jmelgey@normandeau.com; Nevens, Michelle K.
Cc: "John Young"
Subject:
Re: RE: Annual Report Meeting: Indian Point, Monitoring Date: Tuesday, March 17, 2020 12:35:06 PM
- Elise, Thank you for the follow up email and thorough recap of our discussion.
With respect to your request for the NRC and NMFS to agree to a reduced monitoring effort at Indian Point 3 prior to April 1, 2020, this decision is most appropriate for NMFS to make as the agency responsible for prescribing the monitoring requirements through the biological opinion. NRC will support and facilitate changes to sturgeon monitoring at Indian Point to the extent that NMFS deems it appropriate. As NMFS indicated during our conversation, they will be discussing Entergy's request internally and then circling back with NRC and Entergy within the next couple of weeks. I expect that the agencies (NRC and NMFS) would also need to formally document any agreed-upon changes since these would be a diversion from the requirements of the current biological opinion. This, of course, refers to the reduced monitoring Entergy is proposing as a result of the 2019 sturgeon monitoring. I understand that the COVID-19 response is a separate and developing issue and that we are all shifting our professional and personal obligations rapidly as new information on this pandemic emerges.
I also want to ask if I may attach your email to an NRC meeting summary I am preparing. Your recap is thorough, and I would appreciate being able to incorporate it.
Thank you!
Briana