ML24218A086

NRC to NMFS, Designation of Duke Energy Progress LLC as the Non-Federal Representative for Brunswick Steam Electric Plant, Units 1 and 2

ML24218A086
Person / Time
Site:	Brunswick
Issue date:	09/09/2024
From:	Rome M NRC/NMSS/DREFS/ETRB1
To:	Bernhardt D US Dept of Commerce, National Marine Fisheries Service
References
Download: ML24218A086 (1)

Text

E-MAIL ONLY David Bernhart Assistant Regional Administrator Southeast Regional Office National Marine Fisheries Service 263 13th Avenue South St. Petersburg FL 33701

SUBJECT:

DESIGNATION OF DUKE ENERGY PROGRESS, LLC, AS THE NON-FEDERAL REPRESENTATIVE FOR BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 (DOCKET NUMBERS: 50-325 AND 50-324)

Dear David Bernhart:

With this letter, the U.S. Nuclear Regulatory Commission (NRC) gives written notice to the National Marine Fisheries Service (NMFS) of the designation of Duke Energy Progress, LLC (Duke Energy) as its non-Federal representative to prepare a biological assessment under Section 7 of the Endangered Species Act of 1973, as amended (ESA) for Brunswick Steam Electric Plant, Units 1 and 2 (Brunswick) pursuant to the regulations at Title 50 of the Code of Federal Regulations (50 CFR) 402.08, Designation of non-Federal representative.

In calendar year 2024, Duke Energy, the licensee for Brunswick, has reported the mortality of 12 green sea turtles (Chelonia mydas) causally related to Brunswick operations. Because this number exceeds the authorized take specified in the NMFSs January 20, 2000, biological opinion (Agencywide Documents Access and Management System (ADAMS) ML003689317),

as reauthorized by letter dated September 19, 2005 (ML060240452), the reinitiation of consultation is required in accordance with 50 CFR 402.16(a)(1). Duke Energy, as the designated non-Federal representative, will prepare the biological assessment. Because the reinitiated consultation will be formal, the NRC will retain the responsibility for requesting the reinitiation of consultation and for conducting the consultation with the NMFS.

The NRC understands that the ESA Section 7 regulations require that the NRC furnish guidance and supervision and independently review and evaluate the scope and contents of the biological assessment. Furthermore, the NRC understands that the ultimate responsibility for compliance with ESA Section 7 remains with the NRC, as the Federal action agency.

September 6, 2024

D. Bernhart 2

If you have any questions regarding the information in this letter, please contact Briana Arlene, ESA Consultation Coordinator, by phone at (301) 415-1042 or via email at briana.arlene@nrc.gov.

Sincerely, Michelle Rome, Chief Environmental Technical Review Branch 1 Division of Rulemaking, Environment, and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50-325 and 50-324 cc: Listserv Signed by Rome, Michelle on 09/06/24

ML24218A086 OFFICE REFS CB REFS ES REFS LA OGC: NLO REFS BC NAME BArlene MDehmer AWalker-Smith JWachutka MRome DATE 8/6/2024 8/5/2024 8/6/2024 8/7/2024 9/6/2024