ML20207G308
| ML20207G308 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 06/08/1999 |
| From: | Carpenter C NRC (Affiliation Not Assigned) |
| To: | Raymond Hoffman AFFILIATION NOT ASSIGNED |
| References | |
| TAC-MA1706, NUDOCS 9906110107 | |
| Download: ML20207G308 (5) | |
Text
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June 8, 1999 Mr. Robert Hoffman Nationai Marine Fisheries Service Southeast Region Protected Species Division 9721 Executive Center Drive North St. Petersburg, FL 33702 1
SUBJECT:
COMMENTS ON DRAFT BIOLOGICAL OPINION REGARDING IMPACT TO SEA TURTLES AT THE CRYSTAL RIVER ENERGY COMPLEX (TAC NO.
MA1706)
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Dear Mr. Hoffman:
By letter dated October 1,1998, Florida Power Corporation (FPC) provided to the United States Nuclear Regulatory Commission (NRC) a pioloaical Assessment of Imoect to Sea Turtles at Florida Power Corooration's Crystal River Enerav Complex (BA). The BA was prepared by FPC to support a Section 7 consultation with the National Marine Fisheries Service (NMFS) under the Endangered Species Act and the issuance of a biological opinion (BO). By letter dated October 14,1998, the NRC provided the BA and the NRC staff's recommendation to NMFS.
Based on the BA and NRC recommendation, NMFS completed a draft BO which was forwarded by the NRC to FPC for review and comment on March 30,1999.
The NRC and FPC have completed review of the draft BO issued by NMFS. FPC wri: ten comments were provided to the NRC by letter dated May 24,1999, and are provided as. NRC comments are provided as Enclosure 2.
Please contact Ms. Cynthia Sochor at 301-415-2462 with any questions or comments.
4 Sincerely, l
Original Signed By:
Cynthia A. Carpenter, Branch Chief Generic issues, Environmental, Financial, and h h[$ @'
Rulemaking Branch Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation cc w/ enclosure: See next pagg
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Enclosure:
As stated
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June 8,1999 Mr. Robert Hoffman National Marine Fisheries Service Southeast Region Protected Species Division 9721 Executive Center Drive North St. Petersburg, FL 33702
SUBJECT:
COMMENTS ON DRAFT BIOLOGICAL OPINION REGARDING IMPACT TO SEA TURTLES AT THE CRYSTAL RIVER ENERGY COMPLEX (TAC NO.
MA1706)
Dear Mr. Hoffman:
By letter dated October 1,1998, Florida Power Corporation (FPC) provided to the United States Nuclear Regulatory Commission (NRC) a Bioloaical Assessment of Imoact to Sea Turtles at Florida Power Corporation's Crystal River Enerav Comolex (BA). The BA was prepared by FPC to support a Section 7 consultation with the National Marine Fisheries Service (NMFS) under the Endangered Species Act and the issuance of a biological opinion (BO). By letter dated October 14,1998, the NRC provided the BA and the NRC staff's recommendation to NMFS.
Based on the BA and NRC recommendation, NMFS completed a draft BO which was forwarded by the NRC to FPC for review and comment on March 30,1999.
The NRC and FPC have completed review of the draft BO issued by NMFS. FPC written comments were provided to the NRC by letter dated May 24,1999, and are provided as. NRC comments are provided as Enclosure 2.
l l
Please contact Ms. Cynthia Sochor at 301-415-2462 with any questions or comments.
Sincerely, Lee Cynthia A. Carpenter, Branch Chief Generic issues, Environmental, Financial, and Rulemaking Branch Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation
Enclosures:
As stated cc w/ enclosure: See next page I
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l Fisrida Power "Aa^29" WEAim.onn May 24,1999 3F0599-20 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001
Subject:
Comments on the Draft Biological Opinion Regarding Impact to Sea Turtles at the Crystal River Energy Complex (TAC No. MA1706)
Reference:
NRC to FPC letter,3N0499-04, dated April 8,1999, " Draft Biological Opinion Regarding Impact to Sea Turtles at the Crystal River Energy Complex (TAC No.
MA1706)"
Dear Sir:
This letter encloses Florida Power Corporation's comments on the above referenced National Marine Fisheries Service's April 8,1999, draft biological opinion.
If you have any questions regarding this submittal, please contact Mr. Sid Powell, Manager, Nuclear Licensing at (352) 563-4883.
Sincerely, S. L. Bernhoft Director, Nuclear Regulatory Affairs SLB/smg Attachment xc:
Regional Administrator, Region 11 NRR eroject Manager Senior Resident inspector CnYSTAL RIVER ENERGY COMPLEX: 15760 W. Power Line Street
- Crystal River, Florida 34428-6708 * (352) 795-6486
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A Florlds Progress Company
e U. S. Nuclear Regulatory Commission Attachment 3F0599-20 Page 1 of 2 Comments on the National Marine Fisheries Service's Draft Biological Opinion Regarding Impact to Sea Turtles at the Crystal River Energy Complex l
General Comments i
Florida Power Corporation (FPC) concurs with the environmental baseline information provided in the I
draft Biological Opinion (Sections 1 - Vil), except for the minor and specific comments below. This environmental baseline information is comprehensive and descriptive of the environmental fectors existing near the Crystal River Energy Complex (CREC).
Section VIII.
Incidental Take Statement The sea turtle influxes in the CREC intake canal have been documented to vary widely between approximately 2 to 50 sea turtles annually. Since conditions at the plant site have not changed i
significantly, the large variation is likely due to environmental factors unrelated to operations at the CREC.
FPC believes that a numericallimit on live takes is not necessary to ensure protection of the sea turtle population. However, if established, it should be averaged over a longer time period to allow for periodic higher influxes. Accordingly FPC recommends that the time period on the live incidental take limit be extended, but without increasing the annual average value. FPC recommends the time period be averaged over a three or five year period. The allowed live incidental take therefore would be increased to 75 over a three year time period or 125 over a five year period. This allows the annual levels to still be averaged at the National Marine Fisheries Service's (NMFS) original proposed level of 25 per year (biennially 50).
Lethal Takes The draft biological opinion makes an appropriate distinction between mortalities being causally or non-causally plant related. This distinction further encourages FPC to maintain an aggressive sea turtle rescue program to prevent mortalities. liowever, FPC recommends the lethal incidental take limit also be averaged over the same time span as that recommended for the live incidental takes.
This would result in a lethal take limit of no more than 7 sea turtles over a three year period or 12 over a five year period.
Section IX.
Conservation Recommendations FPC believes that Conservation Recommendation #1 should be deleted. Tissue sampling of sea turtles is normally performed to determine associations between nesting populations. While tissue sampling may be appropriate for other sea turtle species, tissue sampling of Kemp's ridleys is unnecessary since the entire Gulf population is associated with one nesting beach in Mexico. Since genotypes typically overlap, a large sampling population is needed to look at the frequency of genotypic variations. In addition, tissue samples are typically collected from dead specimens, and the low number of sea turtle mortalities occurring at the CREC would not provide a sufficient number of tissue samples for the data to be of significance.
FPC concurs with Conservation Recommendation #2 which states that a tagging program should be established in conjunction with the Florida Department of Environmental Protection (FDEP).
U. S. Nuclear Regulatory Commission Attachment 3F0599-20 Page 2 of 2 l
FPC believes that Conservation Recommendation #3 should be modified to a recommendation that l
FPC continue evaluation of methods to reduce sea turtle takes. FPC's concern is that a diversionary structure in the CREC intake canal is not likely an effective means of reducing sea turtle takes.
Specific Comments i
Section II DescriDtion of the ProDoSed Action 2
The exact schedule for the bar rack inspection program is based on sea turtle observations and the judgement of the CREC environmental staff. The dates of " February through May" should be qualified with "e.g., February through May" and are "normally" inspected once every two hours during other times of the year.
Section V.
Effects of the Action l
Paragraph 3, replace " moralities" with " mortalities" i
Paragraph 6, replace " biannually" with " biennially" Replace BSEP with CREC Section VIII.
Incidental Take Statement i
in Paragraph 3, the take numbers are inconsistent with Section V, the last paragraph. The Section V paragra@ states that the live takes may reach 50 sea turtles rescued alive from the bar rack biennially and 5 lethal takes, whereasSection VIII, paragraph 3, states 50 takes with 5 being lethal.
FPC recommended in its Biological Assessment that specific numerical limits not be included.
Ilowever, if specific numerical limits must be included, a clarification of intent is needed as to whether the lethat take limits are inclusive or exclusive of the live take numerical limits.
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1 NRC Comments on the National Marine Fisheries Service's Draft Biological Opinion Regarding the impact to Sea Turtles at the Crystal River Energy Complex Section: The Proposed Action (5* paragraph,1 sentence)
"The bar racks are inspected 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day during times of high turtle concentrations in the j
intake canal (February through May) and once every two hours during other times of the year."
l Comment 1: This statement is not consistent with Florida Power Corporation's biological assessment. The bar racks are inspected 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day with a minimum observation schedule of once every two hours during periods of known turtle presence. Periodic observations are provided at other times.
Section: Effects of the Action (Last paragraph)
" Based on this information, and the fact that another anomalous year such as 1998 is possible, NMFS believes that the level of live take of sea turtles in BSEP's intake canal may reach 50 sea turtle; rescued alive from the bar racks biannually and 5 lethal takes, biannually that are casually related to plant operation."
Comment 2: This statement conflicts with the incidental Take which states "50 sea turtles with 5 being lethal." The effects statement appears to state that turtle live and lethal takes may reach 55 with 5 of those takes being lethal.
Section: Incidental Take Statement (1 paragraph, last sentence)
"Only incidental taking resulting from the agency action as described in the proposed action of the biological opinion, including incidental takings caused by activities approved by the agency, and that comply with the specified reasonable and prudent measures and terms and conditions, are exempt from the takings prohibition of section 9(a), pursuant to section 7(o) of the ESA."
Comment 3: Is the agency action as described in the proposed action section referring to general plant operation or specifically to the intake and discharge of cooling water into and out of the nuclear plant? Would plant operations not specifically related to the intake or discharge of cooling water into the nuclear plant that resulted in a lethat take be exempt from the takings prohibition of section 9(a)?
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Section: Conservation Recommendations 4
(Bullet 1)
"1. CREC should conduct tissue sampling for the genetic identity of turtles interacting with plant cooling water intake system."
Comment 4: What is the purpose of conducting tissue sampling?
(Bullet 3)
"3. CREC should continue working on a design for diversion structures, which would be used to keep sea turtles away from the bar racks."
r Comment 5: Limiting CREC to continue to work on a design for diversion structures would prevent CREC from exploring different alternatives that may be more effective and cost beneficial. CREC could be asked to continue to research methods to lessen the impacts of sea turtle impingement on the intake bar racks without prescribing a specific means of actieving the desired end result.
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Mr. John Paul Cowan CRYSTAL RIVER UNIT NO. 3 Florida Power Corporation cc:
Mr. R. Alexander Glenn Chairman Corporate Counsel (MAC-BT15A)
Board of County Commissioners Florida Power Corporation Citrus County P.O. Box 14042 110 North Apopka Avenue St. Petersburg, Florida 33733-4042 Inverness, Florida 34450-4245 Mr. Charles G. Pardee, Director Ms. Sherry L. Bernhoft, Director Nuclear Plant Operations (PA4A)
Nuclear Regulatory Affairs (NA2H)
Florida Power Corporation Florida Power Corporation Crystal River Energy Complex Crystal River Energy Complex 15760 W. Power Line Street 15760 W. Power Line Street Crystal River, Florida 34428-6708 Crystal River, Florida 34428-6708 Mr. Michael A. Schoppman Senior Resident inspector Framatome Technologies Inc.
Crystal River Unit 3 1700 Rockville Pike, Suite 525 U.S. Nuclear Regulatory Commission l
Rockville, Maryland 20852 6745 N. Tallahassee Road Crystal River, Florida 34428 Mr. William A. Passetti, Chief Department of Health Mr. Gregory H. Halnon Bureau of Radiation Control Director, Quality Programs (SA2C) i 2020 Capital Circle, SE, Bin #C21 Florida Power Corporation Tallahassee, Florida 32399-1741 Crystal River Energy Complex 15760 W. Power Line Street i
Attorney General Crystal River, Florida 34428-6708 Department of Legal Affairs l
The Capitol Florida State Clearinghouse Tallahassee, Florida 32304 Department of Community Affairs 2555 Shumard Oak Boulevard Mr. Joe Myers, Director Tallahassee, Florida 23399-2100 l
Division of Emergency Preparedness Department o. Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 4
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