ML22010A022
| ML22010A022 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/05/2022 |
| From: | Zoli E Jones Day |
| To: | Crocker J Office of Nuclear Material Safety and Safeguards, US Dept of Commerce, National Marine Fisheries Service |
| Briana Arlene 301-415-1042 | |
| References | |
| Download: ML22010A022 (3) | |
Text
100 HIGH STREET
- 21ST FLOOR
- BOSTON, MASSACHUSETTS 02110.1781 TELEPHONE: +1.617.960.3939
- FACSIMILE: +1.617.449.6999 Direct Number: (617) 449-6807 ezoli@jonesday.com ALKHOBAR AMSTERDAM ATLANTA BEIJING BOSTON BRISBANE BRUSSELS CHICAGO CLEVELAND COLUMBUS DALLAS DETROIT DUBAI DÜSSELDORF FRANKFURT HONG KONG HOUSTON IRVINE LONDON LOS ANGELES MADRID MELBOURNE MEXICO CITY MIAMI MILAN MINNEAPOLIS MOSCOW MUNICH NEW YORK PARIS PERTH PITTSBURGH RIYADH SAN DIEGO SAN FRANCISCO SÃO PAULO SHANGHAI SILICON VALLEY SINGAPORE SYDNEY TAIPEI TOKYO WASHINGTON January 5, 2021 VIA E-MAIL & OVERNIGHT MAIL, NEXT DAY DELIVERY Briana A. Grange, Aquatic Biologist Division of Materials and License Renewal Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (via email at briana.grange@nrc.gov)
Julie Crocker Endangered Fish Recovery Branch Chief National Marine Fisheries Service Greater Atlantic Regional Fisheries Office 55 Great Republic Drive Gloucester, MA 01930 (via email at julie.crocker@noaa.gov)
Attn: Section 7 Coordinator NMFS GARFO Protected Resources Division 55 Great Republic Drive Gloucester, MA 01930 (via e-mail at incidental.take@noaa.gov)
Re:
Indian Point: Sturgeon monitoring under January 30, 2013 Biological Opinion/Incidental Take Statement in connection with Indian Point, including the associated February 9, 2018 amendment (collectively, the BiOp/ITS)
Dear Ms. Grange,
Ms. Crocker and the Section 7 Coordinator:
This correspondence is submitted on behalf of Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC, the respective former owners of Indian Point Nuclear Stations, Unit 2 and Unit 3 (collectively, Indian Point), and Entergy Nuclear Operations, Inc.
(ENOI; collectively, Entergy), the operator of Indian Point. It expressly copies Holtec Decommissioning International, LLC, and therefore its subsidiaries Holtec Indian Point 2, LLC
Briana A. Grange Julie Crocker NMFS GARFO Protected Resources Division January 5, 2022 Page 2 and Holtec Indian Point 3, LLC (collectively, the Holtec ownership entities), for the reasons stated herein.
As we previously advised the Department of Commerce, National Oceanic and Atmospheric Administration and the National Marine Fisheries Service (collectively, NMFS),
on May 10, 2021 (the Closing), the specified Entergy and Holtec entities completed a multi-phase, indirect change in control with respect to Indian Point (the Transaction). The Holtec entities have now assumed responsibility for the BiOp/ITS, effective as of that Transactions Closing. As we also previously advised NMFS, of April 30, 2021, all Indian Point units had permanently ceased electric-generating operations.
This correspondence (Correspondence) is submitted by Entergy to address the final results of BiOp/ITS-mandated Atlantic and Shortnose Sturgeon (collectively, Sturgeon)
Ristroph monitoring (the Monitoring) performed on behalf of Entergy by Normandeau Associates, Inc. (Normandeau) at the Stations from 2019 through 2021 (all, prior to the Closing). That final report prepared by Normandeau for the pre-Closing Monitoring conducted on behalf of Entergy (Report) is enclosed, thus fulfilling Entergys responsibilities with respect to the BiOp/ITS, including under RPM #10.
As detailed in the Report, the 2020 Fall and 2021 Spring Monitoring repeated without variance the results of the 2019 Monitoring: During Monitoring, zero (0) Sturgeon were collected. Again, all Indian Point units have now permanently ceased electric-generating operations. For these reasons, we respectfully request NMFS concurrence that no annual meeting with respect to Entergys Ristroph pre-Closing Monitoring would be of value or is required by NMFS.
We respectfully request that all such future BiOp/ITS considerations, and any questions that may arise other than with respect to the Report, be directed to Holtec. We specifically recognize that Holtec may have continuing discussions with NMFS and obligations under the BiOp/ITS related to systems or equipment at Indian Point that, post-Closing, are owned and operated by Holtec entities.
Briana A. Grange Julie Crocker NMFS GARFO Protected Resources Division January 5, 2022 Page 3 Finally, on behalf of Entergy, we thank you for your collaboration in connection with this now-completed Monitoring effort.
Very truly yours,
/s/ Elise N. Zoli Elise N. Zoli
Enclosure:
Monitoring Report cc:
Julie A. Williams, Esq. (julie.williams@noaa.gov), NOAA General Counsel - Northeast Administration, National Oceanic and Atmospheric Administration Mark D. Sanza, Esq. (mdsanza@gw.dec.state.ny.us), Deputy General Counsel, New York State Department of Environmental Conservation Chuck Nieder (wcnieder@gw.dec.state.ny.us), Bureau of Ecosystem Health Chief, New York State Department of Environmental Conservation Susan M. Floyd (sfloyd3@entergy.com), Senior Counsel, Entergy Services, LLC Jason Day, General Counsel (J.day@holtec.com), Holtec Decommissioning International, LLC