ML23311A220

NRC to Fws, NRC Request for Concurrence with Endangered Species Act Determinations for Comanche Peak License Renewal, Issuance of Draft Supplemental Environmental Impact Statement, and Opportunity for Public Comment (Consultation Code: 2023

ML23311A220
Person / Time
Site:	Comanche Peak
Issue date:	11/20/2023
From:	Arlene B Office of Nuclear Material Safety and Safeguards
To:	Bills D US Dept of Interior, Fish & Wildlife Service
References
Download: ML23311A220 (1)

Text

Briana Arlene From: Briana Arlene Sent: Monday, November 20, 2023 1:02 PM To: Debra_Bills@fws.gov; arles@fws.gov Cc: tam Tran; Ted Smith; Mitchell Dehmer; Michelle Rome (She/Her); Steve Koenick

Subject:

NRC Request for Concurrence with Endangered Species Act Determinations for Comanche Peak License Renewal, Issuance of Draft Supplemental Environmental Impact Statement, and Opportunity for Public Comment (Consultation Code: 2023-0053598)

Dear Debra Bills:

The purpose of this email is to notify you of the U.S. Nuclear Regulatory Commission (NRC) staffs determination that the proposed license renewal of Comache Peak Nuclear Power Plant, Units 1 and 2 (Comanche Peak) in Hood and Somervell counties, Texas, is not likely to adversely affect (NLAA) the golden-cheeked warbler (Setophaga chrysoparia), monarch butterfly (Danaus plexippus), and tricolored bat (Perimyotis subflavus). This email describes the proposed action and summarizes the NRC staffs environmental review. This letter also requests the U.S. Fish and Wildlife Services (FWS) concurrence with the NRC staffs determination pursuant to Section 7 of the Endangered Species Act of 1973, as amended (ESA).

Proposed Action Comanche Peak is a two-unit nuclear power plant that lies on a small peninsula of land on the western shore of the Comanche Creek Reservoir within Somervell County. The Comanche Peak site is 7,700 acres. Vistra Operations Company LLC (Vistra OpCo) owns and operates the plant. The NRC issued facility operating licenses for Comanche Peak in April 1990 (Unit 1) and April 1993 (Unit 2).

The NRCs current Federal action is to decide whether to issue renewed facility operating licenses for Comanche Peak authorizing an additional 20 years of operation. If the NRC grants Vistra OpCo renewed licenses, the company could continue to operate Comanche Peak until April 2050 (Unit 1) and April 2053 (Unit 2).

Draft Supplemental Environmental Impact Statement In support of its review of the proposed action, the NRC staff prepared a draft supplemental environmental impact statement (SEIS) to comply with the National Environmental Policy Act of 1969, as amended (NEPA),

and the NRCs environmental regulations at Title 10 of the Code of Federal Regulations (10 CFR) Part 51 that implement NEPA. The draft SEIS addresses the environmental impacts of the proposed action and relevant alternatives to the proposed action. The NRC staff recently completed the draft SEIS, and it is available online at: ML23299A252.

ESA NLAA Determinations As part of its environmental review, the NRC staff evaluated impacts of the proposed action on federally listed species and critical habitats. The NRCs ESA analysis appears within the following sections of the draft SEIS.

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Section 3.8.1.1 describes the ESA action area.

Section 3.8.1.2 describes the species biology, habitat, distribution and relative abundance, and occurrence within the action area and designated critical habitat, as applicable.

Section 3.8.4.1 evaluates the potential for the proposed action to affect the species.

Section 3.8.4.3 addresses cumulative effects.

Appendix C.1 describes the NRCs obligations under Section 7 of the ESA and relevant correspondence with the FWS in connection with the NRC staffs review of the proposed action.

In Section 3.8.4.1 of the draft SEIS, the NRC staff finds that the proposed action is NLAA the golden-cheeked warbler, monarch butterfly, and tricolored bat. The NRC staff evaluated the potential for these species to be affected by several stressors, all of which the staff determined would result in no more than insignificant or discountable effects.

FWS Concurrence Under the Golden-Cheeked Warbler Determination Key The NRC staff used the FWSs Information for Planning and Conservation (IPaC) system and the FWSs golden-cheeked warbler determination key to receive the FWSs concurrence that the proposed Comanche Peak license renewal is NLAA this species. This determination is primarily because license renewal would not involve the removal, modification, or degradation of oak-juniper woodland habitat. On March 8, 2023, the FWS provided the NRC with a letter documenting the determination key finding and concluding the NRCs responsibilities for the proposed Comanche Peak license renewal under ESA Section 7(a)(2) with respect to the golden-cheeked warbler.(1) Since that time, the NRC staff has not identified any new information that would affect this determination or require further consultation.

ESA Determination for Monarch Butterfly The NRC staff found that the proposed license renewal is NLAA the monarch butterfly. This finding is based on the fact that the proposed action would not involve any habitat loss, land-disturbing activities, or any activities that would degrade existing natural areas or potential habitat for monarch butterflies. Continued preservation of the existing natural areas on the site would result in positive impacts on monarch butterflies. Herbicides would only be applied according to labeled uses in developed and manicured areas of the site, and herbicides would not be applied in natural areas. Monarchs would only have the potential to occur in the action area seasonally and infrequently, making the likelihood of herbicide exposure low. This represents an insignificant effect because it is unlikely to reach the scale at which a take might occur. Finally, the contribution of Comanche Peak operations to climate change-related effects on monarch butterflies would be too small to be meaningfully measured, detected, or evaluate.

The monarch butterfly is currently a candidate for ESA listing. The ESA and its regulations do not require consultation for candidate species. However, the NRC staff welcomes any comments you may have on this species or the staffs findings.

Request for NLAA Concurrence for Tricolored Bat The NRC staff found that the proposed license renewal is NLAA the tricolored bat. This finding is based on the fact that the proposed action would not involve any construction, land clearing, or other ground-disturbing activities. The proposed action would continue to preserve existing forested areas on the site, which would result in positive impacts on tricolored bats. Additionally, bat collisions with nuclear power plant structures in the United States are rare, and none have been reported at Comanche Peak. Vehicle collisions attributable to the proposed action are also unlikely, and none have been reported at Comanche Peak. Finally, bats, if present in the action area, have likely already acclimated to the noise, vibration, and general human disturbances associated with site maintenance, infrastructure repairs, and other site activities. During the license renewal term, such disturbances and activities would continue at current rates and would be limited to the industrial-use portions of the site.

The tricolored bat is currently proposed for listing as endangered under the ESA. Under the ESA regulations, conference is required when an action is likely to jeopardize the continued existence of a proposed species (50 CFR 402.10(c)). Therefore, based on the NRC staffs NLAA determination, conference is not required for this action. Nonetheless, the NRC staff requests your written concurrence with its NLAA determination for the 2

ML23311A220 CONCURRENCE OFFICE PM:ELRB:REFS BC:ELRB:REFS OGC(NLO) CB:ELRB:REFS NAME LRakovan for TTran TSmith MCarpenter BArlene DATE 11/8/2023 11/13/2023 11/20/2023 11/20/2023