ML24036A144

From kanterella
Jump to navigation Jump to search
NRC to Fws, NRC Request for Concurrence with Endangered Species Act Determinations for Oconee Nuclear Station, Units 1, 2, and 3, Proposed Subsequent License Renewal in Oconee County, South Carolina (Consultation Code: 2023-0054989)
ML24036A144
Person / Time
Site: Oconee  
Issue date: 02/27/2024
From: Arlene B
Office of Nuclear Material Safety and Safeguards
To:
US Dept of Interior, Fish & Wildlife Service
References
Download: ML24036A144 (1)


Text

From:

Briana Arlene To:

charleston_regulatory@fws.gov Cc:

Lance Rakovan; Michelle Rome (She/Her); Mitchell Dehmer; Steve Koenick

Subject:

NRC Request for Concurrence with Endangered Species Act Determinations for Oconee Nuclear Station, Units 1, 2, and 3, Proposed Subsequent License Renewal in Oconee County, South Carolina (Consultation Code: 2023-0054989)

Date:

Tuesday, February 27, 2024 6:46:00 AM To Whom It May Concern:

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 Oconee Nuclear Station, Units 1, 2, and 3 (Oconee Station), in Seneca, South Carolina is not likely to adversely affect (NLAA) the tricolored bat (Perimyotis subflavus), and monarch butterfly (Danaus plexippus). This letter 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 Oconee Station is a three-unit nuclear power plant that lies on the eastern shore of Lake Keowee within Oconee County, South Carolina. The Oconee Station site totals 510 acres.

Duke Energy Carolinas, LLC (Duke Energy) owns and operates the plant. By letter dated June 7, 2021, and as subsequently supplemented, Duke Energy submitted an application requesting subsequent license renewal (SLR) for Oconee Station. The current renewed facility operating licenses (NPF-4) expire at midnight on February 6, 2033 (Unit 1; DPR-38),

October 6, 2033 (Unit 2; DPR-47), and July 19, 2034 (Unit 3; DPR-55).

The NRCs Federal action is to determine whether to issue renewed facility operating licenses for Oconee Station authorizing an additional 20 years of operation. If the NRC grants Duke Energy renewed licenses, the company may continue to operate Oconee Station until February 6, 2053 (Unit 1), October 6, 2053 (Unit 2), and July 19, 2054 (Unit 3).

Draft Environmental Impact Statement In support of its review of the proposed action, the NRC staff prepared a draft site-specific environmental impact statement (EIS) 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 site-specific EIS evaluates the environmental impacts of the proposed action and the relevant alternatives to the proposed action. The NRC staff recently completed the draft site-specific EIS, and it is available online at: ML24033A298.

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 site-specific EIS.

Section 3.8.1.1 describes the ESA action area.

Section 3.8.1.2 describes the species biology, habitat, distribution and relative abundance, 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 EIS, the NRC staff finds that the proposed action is NLAA the tricolored bat and monarch butterfly. 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.

Request for NLAA Concurrence for Tricolored Bat As discussed in greater detail in the draft EIS, 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 Oconee Station. Vehicle collisions attributable to the proposed action are also unlikely, and none have been reported at Oconee Station. 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 SLR 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(a)). 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 the FWS may issue a final rule to list this species before the NRC makes a decision on the Oconee Station SLR. The NRCs license renewal decision is currently scheduled for October 2024. Please provide your response electronically to the following email addresses: EndangeredSpecies@nrc.gov and Briana.Arlene@nrc.gov.

ESA Determination for Monarch Butterfly The NRC staff found that the proposed license renewal is NLAA the monarch butterfly. This finding is discussed in more detail in the draft EIS and 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

ML24036A144 CONCURRENCE OFFICE PM:EPMB1:REFS BC:ETRB1:REFS OGC(NLO)

CB:ETRB1:REFS NAME LRakovan MRome MWright BArlene DATE 2/12/2024 2/27/2024 2/21/24 2/27/24