ML22010A022

Jones Day to NRC, Indian Point Sturgeon Monitoring Under 2013 Biological Opinion

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

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

ALKHOBAR AMSTERDAM ATL ANTA 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

Briana A. Grange Julie Crocker NMFS GARFO Protected Resources Division January 5, 2022 Page 2

and Holtec Indian Point 3, LLC (c ollectively, the Holtec ownership entities), for the reasons stated herein.

As we previously advised the Departme nt 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 respons ibility for the BiOp/ITS, effec tive 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 s ubmitted by Entergy to address the final results of BiOp/ITS-mandated Atlantic and S hortnose Sturgeon (collectively, Sturgeon)

Ristroph monitoring (the Monitoring) perf ormed on behalf of Entergy by Normandeau Associates, Inc. (Normandeau) at the St ations 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 Monitori ng, zero (0) Sturgeon were collected. Again, all Indian Point units ha ve 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 Re port, be directed to Holtec. We specifically recognize that Holtec may have continuing disc ussions 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 fo r 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 E nvironmental Conservation

Chuck Nieder (wcnieder@gw.dec.state.ny.us), Bureau of Ecosystem Health Chief, New York State Department of E nvironmental Conservation

Susan M. Floyd (sfloyd3@entergy.com), Seni or Counsel, Entergy Services, LLC

Jason Day, General Counsel (J.day@holtec. com), Holtec Decommissioning International, LLC