ML21068A272

SONGS Endangered Species Act Additional Information Request

ML21068A272
Person / Time
Site:	San Onofre
Issue date:	03/09/2021
From:	Amy Snyder Reactor Decommissioning Branch
To:	Morgan M Southern California Edison Co
Snyder A
References
EPID L-2021-LLL-0006
Download: ML21068A272 (2)

Text

Attachment:

San Onofre Shutdown and Decommissioning Request for Additional Information (RAI) to Support Endangered Species Act Consultation

Background

On September 18, 2006, the National Marine Fisheries Service (NMFS) issued a biological opinion to the U.S. Nuclear Regulatory Commission (NRC) under the authority of the Endangered Species Act of 1973, as amended (ESA), for San Onofre Nuclear Generating Station, Units 2 and 3 (SONGS) (ADAMS Accession No. ML063000348). The opinion considers the potential impacts of continued operation of SONGS on four species of sea turtles: green (Chelonia mydas), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and olive ridley (Lepidochelys olivacea). The incidental take statement of the opinion allows for the take of specified numbers of these species subject to Southern California Edisons (SCE) adherence to three reasonable and prudent measures (RPMs) and nine terms and conditions (T&Cs). The opinion is valid through the expiration of the current facility operating licenses (i.e., February 16, 2022, for Unit 2 and November 15, 2022 for Unit 3).1 On June 2, 2013, SCE announced permanent cessation of operations at SONGS. SCE submitted a Post-Shutdown Decommissioning Activities Report (PSDAR) to the NRC on September 23, 2014 (ADAMS Accession No. ML14269A033) and an updated PSDAR to the NRC on May 7, 2020 (ADAMS Accession No. ML20136A339).

Requirement The interagency consultation regulations at 50 CFR 402.16(a) require Federal action agencies, such as the NRC, to request to reinitiate ESA consultation if, among other circumstances, 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 or written concurrence.

Because the NMFSs 2006 biological opinion does not consider the potential impacts of decommissioning activities on federally listed species or critical habitat, the NRC may be required to reinitiate consultation with the NMFS to address these effects.

Additionally, in accordance with 50 CFR 402.14(a), the NRC may be required to consult with the U.S. Fish and Wildlife Service (FWS) if decommissioning may affect listed species or critical habitat under this agencys jurisdiction. Depending on the nature and degree of potential effects, the NRC could request formal consultation or could alternately request the FWSs written concurrence that decommissioning is not likely to adversely affect any listed species or critical habitat.

1 The NMFSs biological opinion also applies to Diablo Canyon Nuclear Power Plant, Units 1 and 2 (DCNPP). DCNPPs current facility operating licenses expire on May 7, 2025 (Unit 1), and March 13, 2026 (Unit 2).

Request To assist the NRC staff in assessing the potential effects of SONGS decommissioning on federally listed species and critical habitat and determining whether ESA consultation with NMFS and/or FWS is required, the staff requests that SCE provide the following information.

1. Provide a description of the action area, as defined in 50 CFR 402.02, for SONGS decommissioning.

2. Provide a list of federally listed species and critical habitat that occur in the action area.

Please include species and habitat under both the NMFSs and FWSs jurisdictions.

3. Provide an assessment of the potential impacts of decommissioning activities on federally listed species and critical habitat under the NMFSs jurisdiction that SCE has identified under Question 2. The assessment should address, at a minimum, green, leatherback, loggerhead, and olive ridley sea turtles. SCE should consider all possible effects, including, but not limited to:

• water withdrawals and discharges during the decommissioning period,

• cooling water system intake and discharge dismantlement, and

• other in-water work that could affect the aquatic environment, such as dredging and vessel traffic.

The assessment should also explicitly state whether any actions assessed in the NMFSs 2006 biological opinion will continue during the decommissioning period. For an example of such an assessment, see the NMFSs May 29, 2020, biological opinion for Oyster Creek continued operation, shut down, and decommissioning (ADAMS Accession No. ML20153A228).

4. Provide an assessment of the potential impacts of decommissioning activities on federally listed species and critical habitat under the FWSs jurisdiction that SCE has identified under Question 2. The assessment should consider all possible effects, including, but not limited to:

• effects of mortality or injury from collisions with plant structures, vehicles, or equipment;

• habitat loss, degradation, disturbance, or fragmentation and associated effects activities; and

• behavioral changes resulting from demolition, noise, and other site activities.

5. Provide a copy of the following May 2020 PSDAR reference for NRC staff review:

Enercon Technical Data Record No. SONGS002, "SONGS Units 2 and 3 Environmental Impact Evaluation," June 2014.

6. Provide a copy of the 2019 botanical survey described on page 22, paragraph 2 of the May 2020 PDSAR for staff review.

2