ML22186A063

Response to Center of Biological Diversity'S June 16, 2022, Letter Concerning Endangered Species Act Compliance for Operations of Turkey Point Nuclear Generating, Units 3 and 4

ML22186A063
Person / Time
Site:	Turkey Point
Issue date:	07/18/2022
From:	John Moses NRC, Office of Nuclear Material Safety and Safeguards
To:	Bennett E Center for Biological Diversity
Briana Arlene 301-415-1042
References
Download: ML22186A063 (4)

Text

July 18, 2022 Elise Pautler Bennett Deputy Florida Director & Senior Attorney Center for Biological Diversity P.O. Box 2155 St. Petersburg, FL 33731

SUBJECT:

RESPONSE TO CENTER OF BIOLOGICAL DIVERSITYS JUNE 16, 2022, LETTER CONCERNING ENDANGERED SPECIES ACT COMPLIANCE FOR OPERATIONS OF TURKEY POINT NUCLEAR GENERATING, UNITS 3 AND 4 (DOCKET NUMBERS: 50-250 and 50-251)

Dear Elise Pautler Bennett:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated June 16, 2022 (Agencywide Documents Access and Management System (ADAMS)

ML22168A050). In that letter, you raised concerns about potential violations of Sections 7 and 9 the Endangered Species Act of 1973, as amended (ESA). Your letter states that the U.S. Fish and Wildlife Services (FWS, Service) biological opinion for Turkey Point Nuclear Generating, Units 3 and 4 (Turkey Point) does not consider effects to listed species and their critical habitat from now until 2032 and that, consequently, take of listed species is not authorized.

Section 7(a)(2) of the ESA requires that Federal agencies consult with the FWS to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of the critical habitat of such species. In cases where adverse effects on listed species or critical habitats are possible, the NRC staff engages the FWS in ESA Section 7 consultation as part of its environmental review to address potential impacts and obtain a biological opinion. Biological opinions may include an incidental take statement consisting of the level of anticipated take, reasonable and prudent measures, and terms and conditions. Any take that is subject to and in compliance with an incidental take statement is not prohibited under ESA Section 9.

During its subsequent license renewal review for Turkey Point, the NRC staff consulted with the FWS pursuant to ESA Section 7 to address the potential impacts of the continued operation of Turkey Point on the American crocodile (Crocodylus acutus), its critical habitat, and the eastern indigo snake (Drymarchon couperi), among other listed species. During the consultation, the NRC and the FWS considered the potential impacts of the remaining renewed license period as well as the subsequent license renewal period. For example, the NRCs December 2018 biological assessment (ML18353A835) addressed the potential impacts that could occur during the remaining period of performance (i.e., before 2032 and 2033, respectively) as well as during the extended period of performance.

E. Pautler Bennett 2 As a result of consultation, the FWS issued a biological opinion on July 25, 2019 (ML19221B583).1 The opinions incidental take statement exempts from the provisions of ESA Section 9 one crocodile causal mortality per calendar year and one eastern indigo snake causal mortality per two calendar years. The 2019 opinion replaced the FWSs 2006 opinion (ML061430174 and ML062420111) and took effect immediately upon its issuance.

Subsequently, on November 18, 2021, the NRC requested to reinitiate formal ESA Section 7 consultation with the FWS following two vehicular collision-related American crocodile mortalities in calendar year 2021 that were associated with Turkey Point operations (ML21307A288). These incidents exceeded the amount of allowable take of this species specified in the incidental take statement of the FWSs 2019 opinion.

As a result of the reinitiated consultation, on March 21, 2022, the FWS revised the amount of the extent of take of the American crocodile as follows (ML22089A060).

The proposed Project is expected to result in the incidental take of crocodiles in the form of harm from habitat loss and injuries or mortalities from vehicle collisions and/or plant operation. The Service expects no more than three crocodiles be taken within a calendar year or ten crocodiles within a five-year period.

The FWS also revised certain Reasonable and Prudent Measures and Terms and Conditions of the incidental take statement concerning American crocodiles. The eastern indigo snake was not subject to this consultation, and the amount or extent of take for this species was unchanged.

On March 25, 2022, the NRC modified the Turkey Point renewed operating licenses in conjunction with Commission memorandum and order no. CLI-22-02 (ML22073A121). That modification did not affect section 2.1, Endangered Species Act, of appendix B, Environmental Protection Plan (Non-Radiological), to the Turkey Point renewed operating licenses, which requires Florida Power & Light Company (FPL) to adhere to the requirements within the Incidental Take Statement of the currently applicable Biological Opinion.

On April 19, 2022, the NRC formally transmitted the FWSs biological opinion amendment to FPL (ML22094A094). In that letter, the NRC affirmed that the currently applicable biological opinion is the July 25, 2019, biological opinion, as amended on March 21, 2022.

The NRC is committed to fulfilling its statutory responsibilities under the ESA, and I appreciate your interest in the potential impacts of Turkey Point operations on American crocodiles and other federally listed species. The NRC staff has reviewed your June 16, 2022, letter and has not identified any new information that reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered and that would necessitate the NRC to reinitiate consultation with the FWS.

1 Notably, the FWSs biological opinion also describes the proposed action to include [o]perations during the remaining period of performance and the extended period of performance

E. Pautler Bennett 3 If you have any questions or need additional information, please contact me or have your staff contact Briana Arlene, Conservation Biologist and ESA Section 7 Coordinator, at 301-415-1042 or via e-mail at briana.arlene@nrc.gov.

Sincerely, Signed by Moses, John on 07/18/22 John Moses, Deputy Director Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50-250 and 50-251

Package: ML22168A051, Letter: ML22186A063 *via e-mail OFFICE REFS REFS OGC:NLO REFS REFS NAME BArlene AWalker-Smith LShrum* TSmith JMoses DATE 7/13/2022 7/13/2022 7/7/2022 7/13/2022 7/18/22