ML23137A044
| ML23137A044 | |
| Person / Time | |
|---|---|
| Issue date: | 04/11/2023 |
| From: | Arlene B Office of Nuclear Material Safety and Safeguards |
| To: | |
| References | |
| Download: ML23137A044 (11) | |
Text
North Atlantic Right Whale (NARW)
NRC Endangered Species Act (ESA)
Section 7 Consultations April 11, 2023 Briana Arlene ESA Consultation Coordinator
Atlantic Coast Nuclear Power Plants BEST FOR You 2 O R G A N I C S C O M P A N Y
Atlantic Coast Nuclear Power Plants Plant State Cooling Water Source NARW Occurrences Seabrook NH Gulf of Maine NARW occurs in Gulf of Maine but has not been sited within 10 miles of plant action area.
Glider survey data on WhaleMap show 2023 acoustic records ~12 mi offshore of plant.
NMFSs 2012 letter of concurrence concludes Seabrook operation would have no effect.
Pilgrim MA Cape Cod Bay NARW regularly inhabit Cape Cod Bay beginning in spring.
NARW numbers in the Bay has been increasing in recent years; individuals have been arriving sooner and staying longer.
NMFSs 2012 letter of concurrence concludes Pilgrim operation is not likely to adversely affect NARW.
Millstone CT Long Island Sound NARW rarely occurs in Long Island Sound; NRC is not aware of any sightings within plant action area.
NMFSs 2005 letter of concurrence concludes Millstone operation would have no effect.
BEST FOR You 3 O R G A N I C S C O M P A N Y
Atlantic Coast Nuclear Power Plants Plant State Cooling Water Source NARW Occurrences Oyster Creek* NJ Barnegat Bay Salem NJ Delaware River Estuary Hope Creek NJ Delaware River Estuary Plant does not withdraw or discharge water from an area where NARWs occur.
Calvert Cliffs MD Chesapeake Bay Surry VA James River Brunswick NC Cape Fear River St. Lucie FL Atlantic Ocean NARW rarely occur this far south.
Turkey Point** FL Cooling canal system
- Permanently shut down
- Cooling water system does not connect to any natural waterbodies BEST FOR You 4 O R G A N I C S C O M P A N Y
Pilgrim Nuclear Power Station Location: Plymouth, MA Owner/Operator: Holtec Began Operating: June 1972 Ceased Operating: May 2019 Current Status: Active decommissioning (DECON)
BEST FOR You 5 O R G A N I C S C O M P A N Y
Pilgrim ESA Consultation Operating License (1972)
- Federal Action: Issue an operating license to authorize Pilgrim to operate for 40 years.
- No ESA consultation was conducted because the Act had not yet been promulgated.
Power Uprate (2002-2003)
- Federal Action: Amend the operating license to increase the authorized power level by 1.5%
from 1,998 megawatts thermal (MWt) to 2028 MWt.
- NRC found that the uprate would result in no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there would be no significant increase in individual or cumulative occupational radiation exposure.
- NRC staff determined this action to quality for a National Environmental Policy Act (NEPA) categorical exclusion, and the NRC did not engage in ESA consultation.
BEST FOR You 6 O R G A N I C S C O M P A N Y
Pilgrim ESA Consultation License Renewal (2006-2012)
- Federal Action: Issue a renewed license authorizing Pilgrim to operation for an additional 20 years.
- NRC and NMFS engaged in ESA consultation for shortnose sturgeon, four sea turtle species, and five whale species.
- Atlantic sturgeon was added to this consultation following its listing in 2012.
- In 2012, NMFS concluded consultation with a letter of concurrence.
NARW Critical Habitat NMFS concluded not likely to adversely affect after considering: (NE U.S. Foraging Area Unit 1) o Impingement and entrainment NMFS concluded no effect after considering:
o Radiological effluents o Thermal plume effects and liquid effluent releases into the environment o Nonradiological effluents o Potential reduction in prey availability from o Non-routine and accidental events entrainment o Dredging o Other effects to physical and biological o Entrainment of prey species features o Thermal plume effects on prey BEST FOR You 7 O R G A N I C S C O M P A N Y
Pilgrim ESA Consultation Review of New Information (2012)
- Following conclusion of the license renewal ESA consultation, NMFS requested that the NRC review information that it received from Ecolaw that could potentially affect the NRCs and NMFSs previous assessment of effects to listed species.
- The new information primarily concerned Atlantic sturgeon.
- Ecolaw also questioned the agencies reliance on certain ecological and thermal studies.
- NRC determined that the information in Ecolaws letter did not warrant reinitiation of ESA consultation.
BEST FOR You 8 O R G A N I C S C O M P A N Y
Pilgrim ESA Consultation Regulatory Commitment to Report Whale Sightings (2013)
- In 2013, Entergy submitted a regulatory commitment to report to NRC confirmed sightings of listed whales in the vicinity of Pilgrim.
- As part of this commitment, Entergy developed whale sighting protocol that it incorporated into its environmental site procedures.
- Since that time, Entergy/Holtec have reported numerous North Atlantic right whale sightings off the coast from Pilgrim.
- NRC staff also periodically look at sighting information on WhaleMap and other online resources.
- The NRC staff discusses these sightings with NMFS when they occur; none have necessitated the NRC to reinitiate ESA Section 7 consultation.
BEST FOR You 9 O R G A N I C S C O M P A N Y
Pilgrim ESA Consultation Decommissioning (2019-2063)
- Federal Action: Approval of Holtecs License Termination Plan (LTP), which will terminate the NRC license.
- In late 2025, Holtec plans to submit an LTP application to the NRC.
- This application will trigger the staff to perform a NEPA review and initiate ESA consultation, if warranted.
- In 2018, Holtec submitted to NRC a Post-Shutdown Decommissioning Activities Report (PSDAR), which contains information on the anticipated environmental impacts of decommissioning.
- The NRC does not approve the PSDAR. However, a licensee cannot perform any major decommissioning activities until 90 days after the NRC has received the PSDAR.
- After this period, the licensee can perform decommissioning activities if the activities do not, among other criteria, result in significant environmental impacts not previously reviewed.
- In 2019, the NRC staff reviewed the PSDAR and determined that reinitiation of ESA consultation was not required at that time.
- The NRC staff informally communicated this determination to NMFS staff during routine associated with the NRCs ongoing ESA consultations with the Greater Atlantic Regional Field Office (GARFO).
BEST FOR You 10 O R G A N I C S C O M P A N Y
Thoughts or Questions?
Ongoing Coordination
- NRC environmental staff stay abreast of new information and reinitiate consultation, when necessary, according to the regulatory criteria at 40 CFR 402.16.
- NRC consults with NMFSs GARFO office on numerous NRC licensed facilities and maintains open and collaborative working relationships with this offices staff.
- NRC welcomes the NARW Northeast U.S. Implementation Teams insights on any information you may have indicating effects on the NARW from NRC-licensed facilities.
NRC
Contact:
Briana Arlene ESA Consultation Coordinator (301) 415-1042 briana.arlene@nrc.gov BEST FOR You 11 O R G A N I C S C O M P A N Y