ML23089A094

NRC to PSEG Hope Creek, Transmittal of the National Marine Fisheries Services March 24, 2023, Biological Opinion GAR-2020-02842 Concerning Salem and Hope Creek

ML23089A094
Person / Time
Site:	Salem, Hope Creek
Issue date:	04/17/2023
From:	Tanya Smith NRC/NMSS/DREFS/ELRB
To:	Denight R Public Service Enterprise Group
References
Download: ML23089A094 (3)

Text

Robert DeNight Vice President - Hope Creek PSEG Nuclear LLC End of Alloway Creek Neck Road Hancocks Bridge, NJ 08038

SUBJECT:

TRANSMITTAL OF THE NATIONAL MARINE FISHERIES SERVICES MARCH 24, 2023, BIOLOGICAL OPINION GAR-2020-02842 CONCERNING SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2, AND HOPE CREEK GENERATING STATION, UNIT 1

Dear Robert DeNight:

On March 24, 2023, the National Marine Fisheries Service (NMFS) issued a new biological opinion concerning the continued operation of Salem Nuclear Generating Station, Units 1 and 2 (Salem), and Hope Creek Generating Station, Unit 1 (Hope Creek), under the current renewed facility operating licenses. The NMFSs transmittal letter and biological opinion are enclosed and are publicly available at Agencywide Documents Accession and Management System Accession (ADAMS) Package No. ML23086A093.

On July 2, 2020, the U.S. Nuclear Regulatory Commission (NRC) requested to reinitiate consultation with NMFS under Section 7 of the Endangered Species Act of 1973 (ESA), as amended (ESA) ( ML20156A066), because PSEG Nuclear LLC (PSEG) had exceeded the incidental take statement limits set forth in NMFSs July 17, 2014, biological opinion (ML14202A146) for captures of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) at Salem.

At that time, PSEG personnel had reported the exceedance of the allowable numbers of total impingement mortality and total causal impingement mortality at Salems cooling water intake structure trash bars. In its reinitiation request, the NRC also noted that Salem was approaching the incidental take statement limit for Atlantic sturgeon captures during bottom trawl sampling, which PSEG conducts annually pursuant to its Updated Biological Monitoring Work Plan, a requirement of its New Jersey Pollutant Discharge Elimination System permit issued by the New Jersey Department of Environmental Protection.

In 2021 and 2022, PSEG personnel collected 14 Kemps ridley sea turtles (Lepidochelys kempii) from the Salem trash rakes during raking activities. Most of the recovered individuals were dead, and these captures exceeded the incidental take limits for this species set forth in the 2014 biological opinion. PSEG sent most of the sea turtle carcasses to a laboratory for analysis. Many of the sea turtles were in a state of decomposition that indicated death prior to interacting with Salems cooling water intake structure. Of the individuals that exhibited signs of more recent death, some had fresh wounds or signs of trauma while others did not.

However, laboratory analysis did not reveal cause of death for these individuals. As part of the consultation, NRC, NMFS, and PSEG met several times to discuss the Kemps ridley mortality events, in addition to holding discussions on Atlantic sturgeon.April 17, 2023 As a result of the reinitiated consultation, NMFS issued the enclosed biological opinion.

Notably, the new opinion:

revises the amount or extent of take of the two species subject to the consultation, Atlantic sturgeon, and Kemps ridley sea turtles, adjusts the amount of extent of take of other species considered in the 2014 biological opinion (green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta),

and shortnose sturgeon (Acipenser brevirostrum)) based on more recent population data, capture numbers, and the remaining years of licensed operation, and makes minor changes to the Terms and Conditions of the incidental take statement concerning reporting listed species captures and mortalities.

Although Hope Creek is addressed in the biological opinion, no incidental take of listed species is anticipated at this facility, and NMFS authorizes no such take at Hope Creek in the incidental take statement.

Section 4.2.1, Aquatic Monitoring, of appendix B, Environmental Protection Plan (Non-Radiological), to the Salem and Hope Creek renewed operating licenses require PSEG to adhere to the specific requirements within the currently applicable Incidental Take Statement, to the Biological Opinion. With this letter, the NRC affirms that the currently applicable incidental take statement is contained within the NMFSs March 28, 2023, biological opinion.

PSEG does not need to take any action for this change to apply.

Should you need to discuss the information in this letter, or any other matters related to Endangered Species Act Section 7 consultation for Salem or Hope Creek, please contact Briana Arlene, Conservation Biologist and ESA Section 7 Coordinator, at 301-415-1042 or via email at briana.arlene@nrc.gov.

Sincerely, Theodore B. Smith, Chief Environmental Review License Renewal Branch Division of Regulatory, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50-272, 50-311 and 50-354

Enclosure:

Biological Opinion cc: Listserv Signed by Smith, Theodore on 04/17/23

Package: ML23087A151, Letter: ML23087A149, ML23089A094,

Enclosure:

ML23086A093 *signed 4/17/23 OFFICE REFS REFS DORL OGC:NLO REFS NAME BArlene AWalker-Smith JKim KDowling TSmith*

DATE 4/3/2023 4/3/2023 4/3/2023 4/5/2023 4/17/2023