ML24107A912
| ML24107A912 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 04/11/2024 |
| From: | US Dept of Interior, Fish & Wildlife Service |
| To: | Arlene B Office of Nuclear Material Safety and Safeguards |
| References | |
| Download: ML24107A912 (1) | |
Text
From: Virginia Field Office, FW5 To: Briana Arlene
Subject:
[External_Sender] Re: [EXTERNAL] NRC Request for Concurrence with Endangered Species Act Determinations for North Anna Power Station, Units 1 and 2, Proposed Subsequent License Renewal in Louisa County, Virginia (Consultation Code: 2023-0102401)
Date: Thursday, April 11, 2024 7:07:37 AM
Hi Briana, Thanks for notifying our office about this project. Our office utilizes an online project review process to facilitate ESA compliance. An overview of this process and the associated steps for building a project package can be found here:https://www.fws.gov/office/virginia-ecological-services/virginia-field-office-online-review-process . Based on the information you have provided below, it appears that your project qualifies for our self-certification process. Through this process, we provide concurrence upfront and if we have any issues/questions about the information you have provided or the determinations you have reached, we will contact you. Once you submit this package, I will review it same day and let you know if I have any concerns.
Based on your email below, I suspect I will have little to no concerns.
- Regards, Rachel
From: Briana Arlene < briana.arlene@nrc.gov>
Sent: Thursday, January 18, 2024 2:40 PM To: Schulz, Cindy < cindy_schulz@fws.gov>; Virginia Field Office, FW5 <virginiafieldoffice@fws.gov>
Cc: tam Tran <Tam.Tran@nrc.gov>; Ashley Waldron <Ashley.Waldron@nrc.gov>; Michelle Rome (She/Her) <Michelle.Rome@nrc.gov>; Mitchell Dehmer <Mitchell.Dehmer@nrc.gov>
Subject:
[EXTERNAL] NRC Request for Concurrence with Endangered Species Act Determinations for North Anna Power Station, Units 1 and 2, Proposed Subsequent License Renewal in Louisa County, Virginia (Consultation Code: 2023-0102401)
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding.
Dear Cindy Schulz:
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 North Anna Power Station, Units 1 and 2, in Louisa County, Virginia is not likely to adversely affect (NLAA) the northern long-eared bat (Myotis septentrionalis), 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 North Anna is a two-unit nuclear power plant that lies on a peninsula on the southern shore of Lake Anna within Louisa County, Virginia. The North Anna site totals 1,043 acres.
Virginia Electric and Power Company, doing business as Dominion Energy Virginia (Dominion), owns and operates the plant. By letter dated August 24, 2020, and as supplemented on September 28, 2022, Dominion submitted an application requesting subsequent license renewal (SLR) for North Anna. The North Anna, Unit 1 renewed facility operating license (NPF-4) expires at midnight on April 1, 2038; the North Anna, Unit 2 renewed facility operating license (NPF-7) expires at midnight on August 21, 2040.
The NRCs current Federal action is to decide whether to issue renewed facility operating licenses for North Anna authorizing an additional 20 years of operation. If the NRC grants Dominion renewed licenses, the company may continue to operate North Anna until April 1, 2058 (Unit 1), and August 21, 2060 (Unit 2).
Draft Environmental Impact Statement In support of its review of the proposed action, the NRC staff prepared a draft 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 EIS addresses the environmental impacts of the proposed action and relevant alternatives to the proposed action. The NRC staff recently completed the draft EIS, and it is available online at: ML23339A047 .
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 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, 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 EIS, the NRC staff finds that the proposed action is NLAA the northern long-eared bat, 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.
FWS Concurrence Under the Northern Long-Eared Bat Determination Key The NRC staff used the FWSs Information for Planning and Conservation (IPaC) system and the FWSs northern long-eared bat determination key to receive the FWSs concurrence that the proposed North Anna subsequent license renewal is NLAA this species. This determination is primarily because license renewal would not involve construction, land clearing, or other ground-disturbing activities. There are no reported collisions of the northern long-eared bat with nuclear power plant structures and/or vehicles at North Anna. Additionally, if present in the action area, bats have likely already acclimated to noise, vibrations, and general human disturbances associated with on-site activities. The action area is not located within 0.5 miles of known species hibernaculum, though suitable spring, summer, and fall habitat is present within 1000 feet of on-site activities where northern long-eared bats may rarely inhabit. The proposed action would not involve forest conversion or other activities that could result in negative impacts. Concerning forest management, the proposed action would not involve forest management specifically, though Dominion will continue to conduct vegetation maintenance. Hazardous tree removal may occur, but Dominion will continue to follow company guidance to minimize potential impacts on bats. 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. No take of the northern long-eared bat is anticipated as a result of the proposed SLR.
On July 10, 2023, the FWS provided the NRC with a letter documenting the determination key finding and concluding the NRCs responsibilities for the proposed North Anna SLR under ESA Section 7(a)(2) with respect to the northern long-eared bat.(1) Since that time, the NRC staff has not identified any new information that would affect this determination or require further consultation.
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 North Anna. Vehicle collisions attributable to the proposed action are also unlikely, and none have been reported at North Anna.
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(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 North Anna SLR, which will then necessitate consultation under ESA Section 7(a)(2). The NRCs license renewal decision is currently scheduled for August 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 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 North Anna 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.
NEPA Comment Period and Public Meeting With respect to the NEPA process, the NRC staff is currently seeking public comments on its draft EIS through February 22, 2024. If you wish to submit NEPA comments on aspects of the draft EIS 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: 89 FR 960 .
In connection with the NEPA public comment period, the NRC staff will hold a virtual public meeting on January 30, 2024, at 1:00 p.m. Eastern 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 are available on the NRCs public meeting website.
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 .
Thank you, 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 References
- 1. U.S. Fish and Wildlife Service. Letter from Virginia Ecological Services Field Office to B. Arlene, NRC.
Subject:
Concurrence letter for 'North Anna Power Station, Units 1 and 2, Subsequent License Renewal' and concurrence with NLAA determination for NLEB. July 10, 2023. Agencywide Documents Access and Management System (ADAMS) Accession No. ML23191A537.
IPaC Consultation Code: 2023-0102401
Docket Nos.: 50-338 and 50-389
CONCURRENCE OFFICE PM:EPMB1:REFS BC:ETRB1:REFS OGC(NLO) CB:ETRB1:REFS NAME TTran MRome IMurphy BArlene DATE 1/09/2024 1/17/2024 1/17/2024 1/17/2023