ML20153A227

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NMFS to NRC, Transmittal of Biological Opinion for Oyster Creek Shutdown and Decommissioning
ML20153A227
Person / Time
Site: Oyster Creek
Issue date: 05/29/2020
From: James Anderson
US Dept of Commerce, National Marine Fisheries Service
To: Kenneth Erwin
Office of Nuclear Reactor Regulation
Briana Grange 301-415-1042
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ML20153A226 List:
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Download: ML20153A227 (2)


Text

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE GREATER ATLANTIC REGIONAL FISHERIES OFFICE 55 Great Republic Drive Gloucester, MA 01930 May 29, 2020 Ken T. Erwin, Branch Chief Environmental Review and NEPA Branch U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Division of Materials and License Renewal M.S. O11H11 Washington, D.C. 20555 Re: Reinitiation of Formal Consultation for Oyster Creek Nuclear Generating Station

Dear Mr. Erwin,

Enclosed is our Biological Opinion issued in accordance with section 7 of the Endangered Species Act of 1973, as amended, on the effects of the continued operation of the Oyster Creek Nuclear Generating Station (OCNGS) pursuant to a license issued by the Nuclear Regulatory Commission (NRC) in 2009 in accordance with the Atomic Energy Act of 1954 as amended (68 Stat. 919) and Title II of the Energy Reorganization Act of 1974 (88 Stat. 1242) as well as the 2018 permanent shutdown and ongoing decommissioning of the facility. This replaces an Opinion we issued to the NRC on November 21, 2011. Consultation was reinitiated because the amount of take of loggerhead sea turtles exempted by the Incidental Take Statement included with the 2011 Opinion has been exceeded. Additionally, power generation at Oyster Creek has ceased. The facility has been shut down and decommissioning of the facility is in process.

While the incidental take of sea turtles occurred while Oyster Creek was operational, no additional take of any sea turtles is anticipated during the shutdown and decommissioning period. As such, no incidental take statement is provided with this Opinion. Therefore, there are no reasonable and prudent measures or terms and conditions. In the event that a dead, injured, or impaired sea turtle is observed in the action area, the local Sea Turtle Stranding Network Partner, the Marine Mammal Stranding Center (Brigantine, New Jersey; 609-266-0538) should be contacted as soon as possible. Trained responders will provide appropriate instructions for response. Thank you for your cooperation throughout the consultation process. If you have any questions or concerns about this new Opinion, please contact Julie Crocker at (978) 282-8480 or by e-mail (Julie.Crocker@noaa.gov).

Sincerely, Jennifer Anderson Assistant Regional Administrator for Protected Resources

EC: Crocker, F/GAR3 Williams, GCNE Grange, NRC File Code: BiOp NRC Oyster Creek Shutdown and Decomissioning (2019 reinitiation)

GARFO-2019-01287 H: \Section7Team\Section7\Non-Fisheries\NRC\Formals\Oyster Creek\2019 Reinitiation 2