ML22348A062
| ML22348A062 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 01/04/2023 |
| From: | Tanya Smith Office of Nuclear Material Safety and Safeguards |
| To: | Bauder D Southern California Edison Co |
| References | |
| Download: ML22348A062 (3) | |
Text
Douglas Bauder Vice President of Decommissioning and Chief Nuclear Officer San Onofre Nuclear Generating Station Southern California Edison SONGS DA Complex; Building B P.O. Box 4030 San Clemente, CA 92673
SUBJECT:
TRANSMITTAL OF THE NATIONAL MARINE FISHERIES SERVICES DECEMBER 12, 2022, LETTER OF CONCURRENCE WCRO-2021-02641 FOR DECOMMISSIONING OF SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 2 AND 3 (DOCKET NUMBERS: 50-361 and 50-362)
Dear Douglas Bauder:
On December 12, 2022, the National Marine Fisheries Service (NMFS) issued a letter concurring with the U.S. Nuclear Regulatory Commission (NRC) staffs determination that the proposed decommissioning of San Onofre Nuclear Generating Station, Units 3 and 2 (SONGS) is not likely to adversely affect species under the NMFSs jurisdiction, including several species of federally listed sea turtles, whales, and marine mammals. This letter is enclosed and is publicly available at Agencywide Documents Access and Management System Accession (ADAMS) ML22347A212.
On September 30, 2021, the NRC requested to reinitiate consultation with NMFS under the provisions of section 7 of the Endangered Species Act of 1973, as amended (ESA), related to the shutdown and decommissioning of SONGS (ML21242A060). The staff prepared a biological assessment to support this request. This staff supplemented its request on December 6, 2021 (ML21280A102), and November 30, 2022 (ML22348A053). The NMFSs December 12, 2022, letter documents that the NRC staff has fulfilled its ESA section 7(a)(2) obligations with respect to SONGS shutdown and decommissioning.
Based on the results of this consultation, the NMFSs September 18, 2006, biological opinion (ML063000348) no longer applies to SONGS, and Southern California Edison (SCE) need not continue to implement the Reasonable and Prudent Measures and Terms and Conditions contained therein. No further action on SCEs part is necessary for this change to apply.
The NRC staff notes that because take of federally listed species is no longer authorized at SONGS, if take occurs, SCE should contact the NRC to determine appropriate next steps, as such take may require the NRC to reinitiate consultation with NMFS. The ESA regulations at Title 50 of the Code of Federal Regulations (50 CFR) Part 402.16 prescribe additional circumstances that require Federal agencies to reinitiate consultation.
January 4, 2023
D. Bauder Should you need to discuss the information in this letter, or any other matters related to ESA section 7 consultation for San Onofre, please contact Briana Arlene, NRC Conservation Biologist and ESA Section 7 Coordinator, at 301-415-1042 or via email at briana.arlene@nrc.gov.
Sincerely, Theodore Smith, Chief Environmental Review License Renewal Branch Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50-361 and 50-362
Enclosure:
NMFS Letter of Concurrence cc: Listserv Signed by Smith, Theodore on 01/04/23
Package: ML22348A065, Letter: ML22348A062,
Enclosure:
- via e-mail OFFICE REFS REFS DUWP OGC:NLO REFS NAME BArlene AWalker-Smith ASnyder*
PJehle*
TSmith DATE 1/3/2023 1/4/2023 12/14/2022 12/19/2022 1/4/2023