ML24025A017
"Draft Supplement" is not in the list (Request, Draft Request, Supplement, Acceptance Review, Meeting, Withholding Request, Withholding Request Acceptance, RAI, Draft RAI, Draft Response to RAI, ...) of allowed values for the "Project stage" property.
| ML24025A017 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  (NPF-087, NPF-809) |
| Issue date: | 01/22/2024 |
| From: | Edwards S US Dept of Interior, Fish & Wildlife Service |
| To: | Arlene B Office of Nuclear Material Safety and Safeguards |
| References | |
| Download: ML24025A017 (11) | |
Text
From:
Edwards, Sean To:
Briana Arlene
Subject:
[External_Sender] Re: [EXTERNAL] FW: 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 (Consultati...
Date:
Monday, January 22, 2024 11:33:25 AM Attachments:
Email response to RO re NOI to prepare and EIS.pdf Internal emails Comanche Peak.pdf
- Briana, I apologize for the delay in my reply. Please see the attached.pdfs of emails containing my prior coordination on the Comanche Peak License Renewal. I had originally responded to our Regional Office with our position of No Comment, and I realize that would likely be the reason why the Nuclear Regulatory Commission didn't ultimately receive a response from the USFWS. Please let me know if you have any additional questions or needs.
Kind Regards, Sean Edwards Fish & Wildlife Biologist U.S. Fish & Wildlife Service 501 West Felix Street, Suite 1105 Fort Worth, TX 76115 From: Briana Arlene <briana.arlene@nrc.gov>
Sent: Wednesday, January 17, 2024 12:16 PM To: Edwards, Sean <sean_edwards@fws.gov>
Subject:
[EXTERNAL] FW: 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)
This email has been received from outside of DOI -Use caution before clicking on links, opening attachments, or responding.
Hi Sean, Thanks for chatting about Comanche Peak today! Here is a copy of my original request to FWS from November.
Briana Briana S. Arlene
Conservation Biologist & ESA Consultation Coordinator Environmental Center of Expertise Office of Materials Safety and Safeguards U.S. Nuclear Regulatory Commission
briana.arlene@nrc.gov (301) 415-1042
From: Briana Arlene Sent: Monday, November 20, 2023 1:02 PM To: Debra_Bills@fws.gov; arles@fws.gov Cc: tam Tran <Tam.Tran@nrc.gov>; Ted Smith <Theodore.Smith@nrc.gov>; Mitchell Dehmer
<Mitchell.Dehmer@nrc.gov>; Michelle Rome (She/Her) <Michelle.Rome@nrc.gov>; Steve Koenick
<Stephen.Koenick@nrc.gov>
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.
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 tricolored bat because it is likely that the FWS will issue a final rule to list this species before the NRC makes a decision on the Comanche Peak license renewal, which will then necessitate consultation under ESA Section 7(a)(2). The NRCs license renewal decision is currently scheduled for September 2024. Please provide your response electronically to the following email addresses: EndangeredSpecies@nrc.gov and Briana.Arlene@nrc.gov.
NEPA Comment Period and Public Meeting With respect to the NEPA process, the NRC staff is currently seeking public comments on its draft SEIS through December 26, 2023. If you wish to submit NEPA comments on aspects of the draft SEIS unrelated to ESA Section 7 consultation, you may submit such comments either online or via U.S. mail. Information on how to submit NEPA public comments is available in the NRCs Federal Register notice: 88 FR 75629.
In connection with the NEPA public comment period, the NRC staff will hold a public meeting on December 7, 2023, at 7:00 p.m. Central Standard Time that will include a presentation on the staffs preliminary findings and an opportunity for members of the public to submit oral comments. Meeting details will be announced on the NRCs public meeting website in the near future.
Conclusion Should you need to discuss the information in this email or if you require additional information concerning this project, please reach out to me by phone at 301-415-1042 or email at Briana.Arlene@nrc.gov.
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
12/15/22, 3:17 PM Mail - Edwards, Sean - Outlook https://outlook.office365.com/mail/sentitems/id/AAMkADAwNzNlNGM1LWI4ZTUtNDhhNy05YjJhLWY3YTZlYzA0N2U1MwBGAAAAAACyURvW%2Fbv 1/4 Re: ENVIRONMENTAL REVIEW (ER) NEW POSTING NOTIFICATION: ER22/0532 - NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas [Docket ID NRC-2022-0183]
Edwards, Sean <sean_edwards@fws.gov>
Thu 12/15/2022 3:04 PM To: Wooldridge, Brian <brian_wooldridge@fws.gov>
Cc: Bocanegra, Omar <omar_bocanegra@fws.gov>;Orsak, Erik <erik_orsak@fws.gov>
- Brian, I have reviewed the Federal Register notice forER22/0532 - NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas. I have worked with the NRC regarding this facility, toured the action area in 2009, and have coordinated on with them on several needs in the following years.
Currently, we have "No Comment" regarding the NOI to prepare and EIS for their requested relicense.
We would very likely be contacted again during their EIS development if for some reason the relicense would produce new environmental impacts, although this would be unlikely. Please contact me with any additional needs on this matter.
Kind Regards, Sean Edwards Fish & Wildlife Biologist U.S. Fish & Wildlife Service 2005 NE Green Oaks Blvd. Ste. 140 Arlington, Texas 76006 From: Bocanegra, Omar <omar_bocanegra@fws.gov>
Sent: Tuesday, December 13, 2022 2:37 PM To: Orsak, Erik <erik_orsak@fws.gov>
Cc: Edwards, Sean <sean_edwards@fws.gov>
Subject:
Re: ENVIRONMENTAL REVIEW (ER) NEW POSTING NOTIFICATION: ER22/0532 - NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas [Docket ID NRC-2022-0183]
I'm assigning to Sean. He's worked with Comanche Peak in the past.
Omar R. Bocanegra Supervisory Fish & Wildlife Biologist Branch of Environmental Review, Classification & Recovery U.S. Fish & Wildlife Service 2005 NE Green Oaks Blvd, Suite 140 Arlington, Texas 76006 (817) 277-1100 ext. 22110 Website: https://www.fws.gov/office/arlington-ecological-services
12/15/22, 3:17 PM Mail - Edwards, Sean - Outlook https://outlook.office365.com/mail/sentitems/id/AAMkADAwNzNlNGM1LWI4ZTUtNDhhNy05YjJhLWY3YTZlYzA0N2U1MwBGAAAAAACyURvW%2Fbv 2/4 From: Orsak, Erik <erik_orsak@fws.gov>
Sent: Tuesday, December 13, 2022 11:47 AM To: Bocanegra, Omar <omar_bocanegra@fws.gov>
Subject:
Re: ENVIRONMENTAL REVIEW (ER) NEW POSTING NOTIFICATION: ER22/0532 - NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas [Docket ID NRC-2022-0183]
Per the below summary, this notice involves preparation of an EIS regarding renewal of Comanche Peak's NRC license (to operate). Looks like a no comment to me, although I did find out I live within a 50 mile radius of the pp (link to interactive map here:https://www.smithsonianmag.com/science-nature/do-you-live-within-50-miles-nuclear-power-plant-180950072/). Any thoughts on comments?
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) will conduct a scoping process to gather information necessary to prepare an environmental impact statement (EIS) to evaluate the environmental impacts for the license renewal of the operating licenses for Comanche Peak Nuclear Power Plant (CPNPP), Units 1 and 2. The NRC is seeking public comment on this action and has scheduled a public scoping meeting that will take place in Glen Rose, Texas.
Erik October 7 - February 11 Acting Project Leader Arlington, TX Field Office Erik Orsak lU.S. Fish and Wildlife Service lArlington TX Ecological Services Field Office l2005 NE Green Oaks Blvd, Suite 140, Arlington TXl 817-277-1100 Office l 702-443-4795 Cell From: Wooldridge, Brian <brian_wooldridge@fws.gov>
Sent: Tuesday, December 13, 2022 10:49 AM To: Orsak, Erik <erik_orsak@fws.gov>; Bocanegra, Omar <omar_bocanegra@fws.gov>
Subject:
Fw: ENVIRONMENTAL REVIEW (ER) NEW POSTING NOTIFICATION: ER22/0532 - NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas [Docket ID NRC-2022-0183]
Good morning!
I'm forwarding this new ER notice for your review.Comments are due to NRC by Monday, 1/30/23. If your office will be providing comments, please have them to me in a word document in full paragraph form by Monday, 0/11/23 with a transmittal letter from your PL to Amy. If your office will not be commenting, please let me know so that we can remove this from our database. As always, please let me know if you have any questions.
- Regards, Brian Brian J. Wooldridge Fish and Wildlife Biologist U.S. Fish & Wildlife Service Ecological Services Branch of Environmental Review Flagstaff, AZ 86005-6381
12/15/22, 3:17 PM Mail - Edwards, Sean - Outlook https://outlook.office365.com/mail/sentitems/id/AAMkADAwNzNlNGM1LWI4ZTUtNDhhNy05YjJhLWY3YTZlYzA0N2U1MwBGAAAAAACyURvW%2Fbv 3/4 (928) 266-5451 From: ERs, FWS HQ <FWS_HQ_ERs@fws.gov>
Sent: Tuesday, December 13, 2022 06:55 To: Wooldridge, Brian <brian_wooldridge@fws.gov>
Cc: Thatcher, Ben <ben_thatcher@fws.gov>
Subject:
Fw: ENVIRONMENTAL REVIEW (ER) NEW POSTING NOTIFICATION: ER22/0532 - NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas [Docket ID NRC-2022-0183]
Project
Title:
NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas [Docket ID NRC-2022-0183]
FWS Directions:
FO -Comments due to NRC (stacy.schumann@nrc.gov) by 1/30/23.
Please provide a copy of comments to HQ Branch of Environmental Review (FWS_HQ_ERs@fws.gov).
Thank you, HQ Branch of Environmental Review*
- We check this inbox regularly. If you have time-sensitive questions, please contact:
Frankie Green Fish and Wildlife Biologist U.S. Fish and Wildlife Service Branch of Environmental Review 5275 Leesburg Pike Falls Church, VA 22041-3803 (703) 358-1884 From: oepchq@ios.doi.gov <oepchq@ios.doi.gov>
Sent: Tuesday, December 13, 2022 7:51 AM To: Alam, Shawn K <Shawn_Alam@ios.doi.gov>; Braegelmann, Carol <carol_braegelmann@ios.doi.gov>; Kelly, Cheryl L <cheryl_kelly@ios.doi.gov>; Hathaway, Ryan S <ryan_hathaway@ios.doi.gov>; Klinkenberg, Abigail L
<aklinkenberg@usbr.gov>; Bravo, Jade G <jbravo@usbr.gov>; Cunningham, Catherine (Cathy)
<ccunningham@usbr.gov>; ERs, FWS HQ <FWS_HQ_ERs@fws.gov>; Runkel, Roxanne
<Roxanne_Runkel@nps.gov>; Stedeford, Melissa <Melissa_Stedeford@nps.gov>; Hamlett, Stephanie R
<shamlett@osmre.gov>; Gordon, Alison D <agordon@usgs.gov>; Janowicz, Jon A <jjanowicz@usgs.gov>;
oepchq@ios.doi.gov <oepchq@ios.doi.gov>; Hunt, Rebecca L <rebecca_hunt@ios.doi.gov>
Subject:
ENVIRONMENTAL REVIEW (ER) NEW POSTING NOTIFICATION: ER22/0532 - NRC NOI to Prepare an EIS for the Vistra Operations Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2 Project, Somervell County, Texas [Docket ID NRC-2022-0183]
This e-mail alerts you to a Environmental Review (ER) request from the Office of Environmental Policy and Compliance (OEPC). This ER can be accessed here.
12/15/22, 3:17 PM Mail - Edwards, Sean - Outlook https://outlook.office365.com/mail/sentitems/id/AAMkADAwNzNlNGM1LWI4ZTUtNDhhNy05YjJhLWY3YTZlYzA0N2U1MwBGAAAAAACyURvW%2Fbv 4/4 To access electronic ERs visit the Environmental Assignments website: https://ecl.doi.gov/ERs.cfm. For assistance, please contact the Environmental Review Team at 202-208-5464.
Comments due to Agency by: 01/30/23
1/22/24, 12:27 PM Mail - Edwards, Sean - Outlook https://outlook.office365.com/mail/id/AAQkADAwNzNlNGM1LWI4ZTUtNDhhNy05YjJhLWY3YTZlYzA0N2U1MwAQAPRj0emLmFZHoduAnaS8Of8%3D 1/2 Re: IPaC delivered Determination Key letter for project: Comanche Peak License Renewal Edwards, Sean <sean_edwards@fws.gov>
Thu 3/9/2023 11:53 AM To:Arlington ES, FW2 <arles@fws.gov>
Cc:Khan, Jennifer M <jennifer_khan@fws.gov>;Dragon, Sydney R <sydney_dragon@fws.gov>
Thank you. I do agree with the determination of NLTAA and therefore no action is required. This is simply a relicense for the nuclear power plant and no physical changes would occur to the local environment. I have visited the site in 2009 and looked at all the habitat present. The tree canopy structure and age wouldn't support golden-cheeked warblers, and if whooping cranes did visit the property this relicense would have no additional effect on them. I have responded regarding this project recently to boththe RO and to the Nuclear Regulatory Commission.
Kind Regards, Sean Edwards Fish & Wildlife Biologist U.S. Fish & Wildlife Service 501 West Felix Street, Suite 1105 Fort Worth, TX 76115 From: Arlington ES, FW2 <arles@fws.gov>
Sent: Thursday, March 9, 2023 7:39 AM To: Edwards, Sean <sean_edwards@fws.gov>
Cc: Khan, Jennifer M <jennifer_khan@fws.gov>; Dragon, Sydney R <sydney_dragon@fws.gov>
Subject:
Fw: IPaC delivered Determination Key letter for project: Comanche Peak License Renewal
Hey Sean - here is a concurrence letter from the dkey for the Comanche Peak project you worked on (or currently working on?). Note that it is a "concurrence" rather than the usual "consistency" letter, because the NRC is the agency that completed the key (dot gov email allows that). Concurrence letters like this one, give a 20-day "hold" that allows us to review and request more information if we see any issues with the project. If you agree with the determination, no response is necessary. The NLAA is for whooping crane, which does not require a document upload by the Dkey that we would review. Other species, such as RCW, often require an upload of survey documents to justify the NLAA; in those cases, you would go to the ecosphere account and review. Copied Jen and Sydney on this because they helped craft that language - please chime in if I left something out.
Let me know if you have questions.
From: Administrator Email <ecosphere_support@ecosphere.fws.gov>
Sent: Wednesday, March 8, 2023 3:03 PM To: Bocanegra, Omar <omar_bocanegra@fws.gov>; Dragon, Sydney R <sydney_dragon@fws.gov>; Small, Brian A
<brian_small@fws.gov>; Arlington ES, FW2 <arles@fws.gov>; Khan, Jennifer M <jennifer_khan@fws.gov>
Subject:
IPaC delivered Determination Key letter for project: Comanche Peak License Renewal
To: IPaC point(s) of contact forArlington Ecological Services Field Office Project Location:Hood and Somervell counties, Texas
1/22/24, 12:27 PM Mail - Edwards, Sean - Outlook https://outlook.office365.com/mail/id/AAQkADAwNzNlNGM1LWI4ZTUtNDhhNy05YjJhLWY3YTZlYzA0N2U1MwAQAPRj0emLmFZHoduAnaS8Of8%3D 2/2 IPaC has delivered a determination key letter on behalf of your office for theArlington Ecological Services Field Office Determination Key. For your convenience, IPaC has created a ETK project (2023-0053598) with a new associated Concurrence Letter Renderedevent. A PDF file of the determination key letter is attached to the event and contact information for the project can be found on the last page of the PDF.
Species and Critical Habitat in the project area analyzed in the determination key are:
Whooping crane (Grus americana),
Red knot (Calidris canutus rufa),
golden-cheeked warbler (Setophaga chrysoparia),
Piping Plover (Charadrius melodus)
IPaC has automatically set the consultation status to "Closed". If you need to do any additional work in this project (e.g., add staff, add events, change lead office, etc.), you must first change the status to "active" so that you can edit the project. You can access the project via the link, above.
If you do not agree with the determination key letter generated through IPaC, please contact the person who requested the letter and notify them immediately. Contact information can be found on the last page of the PDF.
Lead FWS Office:
The Arlington Ecological Services Field Officeis currently designated as the lead office for Section 7 on this project. The following additional offices have jurisdiction and have been notified: None. If another office is the lead office on this project, please access the project (via the link above) and update it. IPaC will not reset the Lead Office once it has been updated by a biologist.
- Projects created in ETK by IPaC have not been assigned to an FWS staff member. To identify the staff assigned to this project, please access the project (via the link above) and add their name(s).