ML23311A086
| ML23311A086 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 11/05/2023 |
| From: | Porath M US Dept of Interior, Fish & Wildlife Service, Ecology Services |
| To: | Marla Morales Office of Nuclear Material Safety and Safeguards |
| References | |
| Download: ML23311A086 (1) | |
Text
From: Nebraskaes, FW6 To: Marla Morales
Subject:
[External_Sender] Ft Calhoun License termination, Section 7 determination for IPaC 2022-0029456 Date: Sunday, November 5, 2023 9:05:46 PM Attachments: image001.png
Good evening Marla, Thank you for contacting us to assist with a review of your project or activity. Based on the information provided we concur with your determination that your project as described below "may affect, but is not likely to adversely" affect the northern long-eared bat (Myotis septentrionalis), the tricolored bat (Perimyotis subflavus), the piping plover (Charadrius melodus), the monarch butterfly (Danaus plexippus), and the pallid sturgeon (Scaphirhynchus albus). You may consider this email as our formal response, and that we believe your project as described below to be in compliance with the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. Your determination should be reanalyzed by our office if the project activities change substantially or any new information indicates there may effects to protected species or their habitats. Your interest in protecting and conserving Nebraska's and our Nation's natural resources is deeply appreciated.
- Regards, Mark
Mark Porath Nebraska Project Leader/Field Supervisor Ecological Services, Mountain-Prairie Region U.S. Fish and Wildlife Service Office: 308-382-6468 Cell: 308-216-2077 mark_porath@fws.gov nebraskaes@fws.gov
Nebraska Field Office U.S. Fish and Wildlife Service 9325 South Alda Road Wood River, Nebraska 68883 NebraskaES@fws.gov For a species list, visit https://ecos.fws.gov/ipac/
Office information https://www.fws.gov/nebraskaes/index.php
From: Marla Morales <Marla.Morales@nrc.gov>
Sent: Tuesday, October 10, 2023 12:10 PM To: Nebraskaes, FW6 <Nebraskaes@fws.gov>
Subject:
[EXTERNAL] RE: Request for Concurrence on Section 7 Determination for Federally Listed Species Regarding the Amendment of t... IPaC 2022-0029456
This email has been received from outside of DOI -Use caution before clicking on links, opening attachments, or responding.
Hi,
I did some digging and found the easiest way to access the file, is Google. If you type in NRC ML21271A144 the first link will be the Fort Calhoun License Termination Plan, and from that link it should download directly. If that doesnt work, please let me know and I will set up a Box link.
- Regards, Marla
Marla Morales, P.G.
Environmental Project Manager U.S. Nuclear Regulatory Commission NMSS/REFS/ERMB Phone: 301.415.0715 Rockville, MD
From: Nebraskaes, FW6 <Nebraskaes@fws.gov>
Sent: Friday, October 6, 2023 9:20 AM To: Marla Morales <Marla.Morales@nrc.gov>
Subject:
[External_Sender] Request for Concurrence on Section 7 Determination for Federally Listed Species Regarding the Amendment of t... IPaC 2022-0029456
Good morning Marla, Thank you for the additional information, it is very helpful in progressing our review. The remaining challenge is accessing the LTP. While I found other related documents to this project in ADAMS (including frequent references to amendments to the LTP) the ascension number wasn'tfound, or possibly the document hasn't yet been posted to the site. If you have additional information on how to access that would be greatly appreciated.
Mark Nebraska Field Office U.S. Fish and Wildlife Service 9325 South Alda Road Wood River, Nebraska 68883 NebraskaES@fws.gov For a species list, visit https://ecos.fws.gov/ipac/
Office information https://www.fws.gov/nebraskaes/index.php
From: Marla Morales < Marla.Morales@nrc.gov>
Sent: Tuesday, September 12, 2023 1:01 PM To: Nebraskaes, FW6 < Nebraskaes@fws.gov>; Nebraskaes, FW6 <Nebraskaes@fws.gov>
Subject:
[EXTERNAL] RE: [WARNING: MESSAGE ENCRYPTED][External_Sender] [WARNING: MESSAGE ENCRYPTED][WARNING - ENCRYPTED ATTACHMENT NOT VIRUS SCANNED] Request for Concurrence on Section 7 Determination for Federally Listed Species Regarding the Amendment of the O...
This email has been received from outside of DOI -Use caution before clicking on links, opening attachments, or responding.
Hello Mark,
Thank you for your correspondence. I have included below responses to your bulleted questions to help with your review of the NRC LTP EA.
Could you please provide the IPaC project code (numerical format ~ 2023-XXXXXX) referenced within the draft EA? I couldn't find it within the document and it will help us process your request more efficiently.
Project Code 2022-0029456 (dated Aug 11, 2023), note that the Code says 2022 because this is was an updated 2023 run. I have also attached the species list to this email for reference.
As the action area is near several Service managed refuges (DeSoto Bend, Boyer Chute), I'd liketo involve their staff as we step through the conferencing and consultation processes.
The information would be restricted to FWS staff only as requested in your email below, but I wanted to bring this to your attention. Their local resource knowledge will assist our ES team and provide additional efficiency.
Input from the managed refuges would be great and welcome. Thank you for ensuring the pre-decisional NRC LTP EA is distributed only among FWS staff. If they have any questions, comments, or concerns, please let us know.
The draft EA does not include the LTP, and the indicated provision of allowing "certain changes" which are unspecified (highlighted below) provide uncertainty that a concurrence can be provided at this time.
The certain changes are administrative but, more importantly, in accordance with our guidance (Standard Review Plan for Evaluating Nuclear Power Reactor License Termination Plans, NUREG-1700, Rev. 2, ML18116A124) and 10 CFR 50.82(a) below is a list of conditions that the licensee cannot do (relevant highlight added):
o requires Commission approval pursuant to 10 CFR 50.59, o results in significant environmental impacts not previously reviewed, o detracts or negates the reasonable assurance that adequate funds will be available for decommissioning, o decreases a survey unit area classification (i.e., impacted to not impacted, Class 1 to Class 2, Class 2 to Class 3, or Class 1 to Class 3 without providing NRC a minimum 14-day notification prior to implementing the change in classification),
o increases the DCGLs and related minimum detectable concentrations (for both scan and fixed measurement methods),
o increases in the radioactivity level, relative to the applicable DCGL, at which an investigation occurs, o changes the statistical test applied to one other than the Sign test, or o increases in the Type I decision error, o changes the approach used to demonstrate compliance with the dose criteria (e.g.,
change from demonstrating compliance using DCGLs to demonstrating compliance using a dose assessment that is based on final concentration data), or o changes parameter values or pathway dose conversion used to calculate the dose such that the resultant dose is lower than in the approved LTP and if a dose assessment is being used to demonstrate compliance with the dose criteria.
The license termination plan (LTP) submitted by the Omaha Public Power District can be accessed from the NRCs public documentation library here: https://www.nrc.gov/reading-rm/adams.html Once you access the web-based library type in the search bar the Accession Number ML21271A178.
Please let me know if there is anything else I can provide to help your review process.
Thank you for your time.
- Cheers, Marla
Marla Morales, P.G.
Environmental Project Manager U.S. Nuclear Regulatory Commission NMSS/REFS/ERMB Phone: 301.415.0715 Rockville, MD From: Porath, Mark T < mark_porath@fws.gov> On Behalf Of Nebraskaes, FW6 Sent: Saturday, September 9, 2023 12:31 PM To: Marla Morales < Marla.Morales@nrc.gov>
Subject:
[WARNING: MESSAGE ENCRYPTED][External_Sender] [WARNING: MESSAGE ENCRYPTED]
[WARNING - ENCRYPTED ATTACHMENT NOT VIRUS SCANNED] Request for Concurrence on Section 7 Determination for Federally Listed Species Regarding the Amendment of the Operating Licens...
Good morning Marla Morales,
Thank you for contacting us to assist with a review of your project or activity. I wanted to reach out to you from our office's email in-box (NebraskaES@fws.gov) to confirm that we have indeed received your submission which I forwarded here for future communications. I was able to open your attached document with the password provided in a separate email, which I've also forwarded to this in-box for record keeping.
After a brief glance at the draft EA and reading your email below, I had the following questions or requests:
Could you please provide the IPaC project code (numerical format ~ 2023-XXXXXX) referenced within the draft EA? I couldn't find it within the document and it will help us process your request more efficiently.
As the action area is near several Service managed refuges (DeSoto Bend, Boyer Chute),
I'd liketo involve their staff as we step through the conferencing and consultation processes. The information would be restricted to FWS staff only as requested in your email below, but I wanted to bring this to your attention. Their local resource knowledge will assist our ES team and provide additional efficiency.
The draft EA does not include the LTP, and the indicated provision of allowing "certain changes" which are unspecified (highlighted below) provide uncertainty that a concurrence can be provided at this time.
As we are early in the conference process I recognize that some uncertainty is expected regarding the submitted information as well as our ability to adequately review. I'm confident that as we move forward we can collaboratively conclude our work in a reasonable timeline. I look forward to working with you and please respond with any additional information at your earliest convenience.
Your interest in protecting and conserving Nebraska's and our Nation's natural resources is deeply appreciated.
- Regards, Mark
Mark Porath Nebraska Project Leader/Field Supervisor Ecological Services, Mountain-Prairie Region U.S. Fish and Wildlife Service Office: 308-382-6468 Cell: 308-216-2077 mark_porath@fws.gov nebraskaes@fws.gov
Nebraska Field Office U.S. Fish and Wildlife Service 9325 South Alda Road Wood River, Nebraska 68883 NebraskaES@fws.gov For a species list, visit https://ecos.fws.gov/ipac/
Office information https://www.fws.gov/nebraskaes/index.php
From: Porath, Mark T < mark_porath@fws.gov>
Sent: Sunday, August 20, 2023 11:33 AM To: Nebraskaes, FW6 < Nebraskaes@fws.gov>
Subject:
FW: [EXTERNAL] Request for Concurrence on Section 7 Determination for Federally Listed Species Regarding the Amendment of the Operating License for the Ft. Calhoun Station, Unit 1 to Incorporate the License Termination Plan
From: Marla Morales < Marla.Morales@nrc.gov>
Sent: Friday, August 18, 2023 1:34 PM To: Porath, Mark T < mark_porath@fws.gov>
Subject:
[EXTERNAL] Request for Concurrence on Section 7 Determination for Federally Listed Species Regarding the Amendment of the Operating License for the Ft. Calhoun Station, Unit 1 to Incorporate the License Termination Plan
This email has been received from outside of DOI -Use caution before clicking on links, opening attachments, or responding.
Dear Mark Porath,
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am requesting concurrence from the U.S. Fish and Wildlife Service (FWS) that the NRCs approval of the Omaha Public Power District (OPPD) License Termination Plan (LTP) for the Fort Calhoun Station, Unit 1 (FCS) may affect, but is not likely to adversely affect the northern long-eared bat (Myotis septentrionalis), the tricolored bat (Perimyotis subflavus), the piping plover (Charadrius melodus), the monarch butterfly (Danaus plexippus), and the pallid sturgeon (Scaphirhynchus albus).
In August 2021, OPPD submitted a license amendment request to the NRC to amend its license for FCS located in Washington County, Nebraska (OPPD 2021). OPPDs request, if granted, would add a condition to its license reflecting the NRCs approval of its LTP and include a provision to allow OPPD to make certain changes to the NRC-approved LTP without prior NRC approval (OPPD 2021). The FCS is a commercial nuclear power plant that is licensed by the NRC, but it stopped operations in 2016.
Proposed Action The proposed Federal action is NRCs decision of whether to approve the LTP and amend the license to incorporate the LTP. The LTP describes the process OPPD will use to meet the NRCs requirements of terminating the NRC license and to release the site for unrestricted use. Submitting the LTP is one of the final steps of decommissioning. The NRC will terminate the license if it determines that the site meets the performance-based criteria for unrestricted site release, in accordance with 10 CFR 20.1402, Radiological criteria for unrestricted use, and that the facility has been dismantled in accordance with the approved LTP. The portion of the site associated with the independent spent fuel storage installation (ISFSI) will remain under the NRCs regulatory jurisdiction.
Decommissioning activities include building dismantling, demolition, and backfilling of subsurface structures. Final site surveys entail radiological surveys and potential confirmatory soil sampling.
Activities occur year-round but are temporary. License termination activities such as radiological surveys, soil sampling, and soil removal would be temporary and involve minimal land disturbance.
Demolition of remaining structures would be loud and disruptive, but temporary. The areas within the FCS footprint have all been previously disturbed; and some of the disturbed areas would eventually be re-seeded and re-contoured as necessary.
Environmental Assessment With this letter, the NRC staff is forwarding you a copy of its draft Environmental Assessment (EA) related to the LTP for FCS. The enclosed draft EA was prepared in accordance with the National Environmental Policy Act of 1969, as amended (NEPA) (50 CFR 402.06(a)); Title 10 of the Code of Federal Regulations (10 CFR) Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, and the Endangered Species Act of 1973, as amended (ESA).
Please note that the draft EA is pre-decisional information that is limited to the use of the FWS and its staff. Disclosure or distribution of the EA is prohibited without prior NRC permission. The NRC staff intends to make the final EA publicly available.
Federal agencies may fulfill their obligations to consult with the Services under Section 7 of the ESA in conjunction with the interagency cooperation procedures required by other statutes, including NEPA. In such cases, the Federal agency should include the results of the ESA Section 7 consultation in the NEPA document (50 CFR 402.06(b)).
Listed Species On January 19, 2023, and August 11, 2023, the NRC staff ecologist reviewed and subsequently re-confirmed using your agency FWSs Section 7 Consultation website for a list of species and critical habitat that may be present within the project area (FWS 2023). The NRC staff determined that five species may be present:
Northern Long-eared Bat - Endangered Tricolored Bat - Proposed Endangered Piping Plover - Threatened Monarch Butterfly - Candidate Pallid Sturgeon - Endangered ESA Determinations In the attached EA, the NRC performed an assessment of whether the proposed action has the potential to adversely affect any of the seven Federally listed species. This assessment is documented in Section 3.8 of the draft EA.
In Section 3.8 of the draft EA, the NRC staff determined that the proposed action may affect, but is not likely to adversely affect (NLAA) the following five Federally listed species:
Northern Long-eared Bat Tricolored Bat Piping Plover Monarch Butterfly Pallid Sturgeon For the northern long-eared bat and tricolored bat the species may forage or form maternity roosts in forested wetlands and riparian forest outside of the operational area along the shore of the Missouri River, which would not be directly impacted by decommissioning activities. Further, the proposed action would be confined to industrial lands lacking tree cover within the operational area and would not involve removal of any trees or forest cover. Sandbars along the Missouri River could provide suitable nesting habitat for piping plovers. However, the shoreline where the operational area abuts the river is concrete and does not contain sandbars that piping plovers might use. Natural shorelines, where the relevant sandbars could occur, are located farther from the operational area.
Decommissioning activities would be confined to existing operational area and would not physically disturb the shoreline of the natural shoreline Missouri River. Piping plovers nesting elsewhere along the Missouri River in natural shoreline habitats (i.e., outside the operational area) might experience noise caused by activities in the operational area, but the noise would be typical of industrial activity that has occurred for decades at the FCS site. Any increased noise caused by demolition work would be temporary and staff anticipates that the short duration would not result in nest abandonment.
For the monarch butterfly, physical disturbance is mostly likely to take place within the existing operational area. Milkweed, the plants required by breeding monarch butterflies, are unlikely to occur on the paved lands and mowed grasslands within the existing operational area. Milkweed might occur in the naturally vegetated lands adjoining the operational area, but the decommissioning activities would not directly disturb these lands. Indirect disturbance would be minimized by wetting the soil and developing a stormwater pollution prevention plan would protect any milkweed from damage by sedimentation, runoff, or fugitive dust. Continued maintenance of National Pollutant Discharge Elimination System (NPDES) permit, reduced intake from and discharge to the river that would eventually terminating once decommissioning is complete, and mitigation from runoff and sedimentation would minimize impacts to aquatic species, including the pallid sturgeon.
On behalf of the NRC, I am requesting concurrence from the FWS that the proposed action may affect, but is not likely to adversely affect northern long-eared bat, the tricolored bat, the piping plover, the monarch butterfly, and the pallid sturgeon pursuant to 50 CFR 3402.13(a). The NRC staff requests your review and concurrence with its findings within 30 days of receipt of this email. If you need additional information to make a determination or are otherwise unable to meet this timeline, please contact me at your earliest convenience to discuss an alternate timeline. If you have any questions regarding the project, please contact me at 301-415-0715 or Marla.Morales@nrc.gov.
The file has been encrypted and I will send you a separate email with the passcode.
Sincerely, Marla Morales Environmental Project Manager
References used are publicly available through the NRCs electronic reading room (ADAMS) at http://www.nrc.gov/reading-rm/adams.html. To begin a search in ADAMS, select Begin WBA Search. The ADAMS accession number is provided for each reference.
FWS (U.S. Fish and Wildlife Service). 2023. Ft Calhoun Station Unit 1: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project. ADAMS Accession No. ML23020A046.
OPPD (Omaha Public Power District). 2021. License Amendment Request 21-01: Revised Fort Calhoun Station License to Add License Condition 3.D to Include License Termination Plan Requirements. Omaha, Nebraska. ADAMS Accession No. ML21271A178.
Marla Morales, P.G.
Environmental Project Manager U.S. Nuclear Regulatory Commission NMSS/REFS/ERMB Phone: 301.415.0715 Rockville, MD