ML24275A062
| ML24275A062 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/30/2024 |
| From: | Arlene B Office of Nuclear Material Safety and Safeguards |
| To: | Quan J US Dept of Commerce, National Marine Fisheries Service |
| References | |
| Download: ML24275A062 (1) | |
Text
E-MAIL ONLY Jennifer Quan Regional Administrator West Coast Regional Office National Marine Fisheries Service
SUBJECT:
REQUEST TO INITIATE FORMAL ENDANGERED SPECIES ACT CONSULTATION AND ABBREVIATED ESSENTIAL FISH HABITAT CONSULTATION FOR DIABLO CANYON POWER PLANT, UNITS 1 AND 2, PROPOSED LICENSE RENEWAL IN SAN LUIS OBISPO COUNTY, CALIFORNIA (DOCKET NUMBERS: 50-275 AND 50-323)
Dear Jennifer Quan:
With this letter, the U.S. Nuclear Regulatory Commission (NRC) requests to initiate formal consultation pursuant to Section 7(a)(2) of the Endangered Species Act of 1973, as amended (ESA), and abbreviated essential fish habitat (EFH) consultation pursuant to Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended (MSA), with the National Marine Fisheries Service (NMFS) with respect to the proposed Federal action of deciding whether to renew the Diablo Canyon Nuclear Power Plant, Units 1 and 2 (Diablo Canyon) facility operating licenses for an additional 20 years. This letter includes information explaining and supporting this request.
Background
On September 18, 2006, NMFS issued a biological opinion (ML063000348) for the continued operation of Diablo Canyon under the terms of NRC Facility Operating License Nos. DPR-80 and DPR-82. The opinion considers the effects to four species of sea turtles resulting from interactions with the nuclear power plants once-through cooling water intake and discharge systems. These systems withdraw water from and discharge water to the Pacific Ocean. The opinions incidental take statement exempts from the prohibitions of ESA Section 9 the capture or impingement of specified numbers of loggerhead sea turtles (Caretta caretta), green sea turtles (Chelonia mydas), leatherback sea turtles (Dermochelys coriacea), and Pacific olive ridley sea turtles (Lepidochelys olivacea) subject to compliance with reasonable and prudent measures (RPMs) and terms and conditions (T&Cs).
Since the issuance of the 2006 biological opinion, seven green sea turtles and one loggerhead sea turtle have become entrained into Diablo Canyons cooling water intake system. When such an event occurs, the sea turtle typically becomes caught between the bar racks and curtain wall of the intake structure. Pacific Gas and Electric Company (PG&E) personnel recover the turtle, release it back to the ocean, and report the event to the NMFS and the NRC in accordance with the biological opinion. To date, all entrained sea turtles have been alive and unharmed, and PG&E remains within the allowable number of incidental takes authorized by the incidental take statement. Notably, however, the 2006 biological opinion covers the continued operation of Diablo Canyon during its current licensed operating period, which ends November 2024 (Unit 1)
October 30, 2024
J. Quann and August 2025 (Unit 2). As explained further below, the NRC staff is currently reviewing an application from PG&E for renewal of the Diablo Canyon facility operating licenses, which would allow PG&E to continue to operate Units 1 and 2 until November 2044 and August 2045, respectively.
San Onofre Nuclear Generating Station The NMFSs 2006 biological opinion applies to both the continued operation of Diablo Canyon as well as the continued operation of San Onofre Nuclear Generating Station, Units 2 and 3 (SONGS). SONGS is in San Clemente, California, approximately 200 miles southeast of Diablo Canyon. Southern California Edison Company (SCE) permanently ceased power operations at SONGS in 2013 and began the active decommissioning of SONGS in February 2021. When it was operational, SONGS also withdrew water from and discharged water to the Pacific Ocean.
In 2021 and 2022, the NRC and the NMFS consulted regarding the shutdown and decommissioning of SONGS. On December 12, 2022, the NMFS issued a letter (ML22347A212) concurring with the NRC staffs determination that the proposed decommissioning of SONGS was not likely to adversely affect species under the NMFSs jurisdiction, including federally listed sea turtles and several species of whales and marine mammals. Based on the results of that consultation, the NMFSs 2006 biological opinion no longer applies to SONGS, and in a letter dated January 4, 2023 (ML22348A062), the NRC staff informed SCE that it need not continue to implement the RPMs and T&Cs contained therein because take of federally listed species is no longer authorized at SONGS. Accordingly, the current request for consultation only pertains to Diablo Canyon.
Proposed Action Diablo Canyon is a two-unit nuclear power plant that is located adjacent to the Pacific Ocean at the mouth of Diablo Creek in an unincorporated portion of San Luis Obispo County, California.
The Diablo Canyon property comprises approximately 750 ac (304 ha), within a larger surrounding area of approximately 12,000 ac (4,856 ha), that is owned and controlled by Pacific Gas and Electric Company (PG&E). The NRC issued the facility operating licenses for Diablo Canyon in November 1984 (Unit 1) and August 1985 (Unit 2), and those licenses include the expiration dates of November 2, 2024 (Unit 1) and August 26, 2025 (Unit 2). On March 2, 2023, the NRC issued to PG&E an exemption from the NRCs rules stating that if PG&E submits a license renewal application less than 5 years prior to expiration of the existing Units 1 and 2 licenses but no later than December 31, 2023, and if the NRC staff finds it acceptable for docketing, the existing licenses will be in timely renewal under NRC regulations until the NRC has made a final determination on whether to approve the license renewal application. PG&E submitted the license renewal application for Units 1 and 2 by letter dated November 7, 2023, and the NRC found that application acceptable for docketing on December 19, 2023, and, therefore, the Units 1 and 2 licenses are in timely renewal under NRC regulations until the NRC has made a final determination on whether to approve the license renewal application.
The NRCs current Federal action is to decide whether to renew the facility operating licenses for an additional 20 years. This would allow PG&E to continue to operate Units 1 and 2 until November 2044 and August 2045, respectively.
J. Quann Draft Supplemental Environmental Impact Statement In support of its review of the proposed action, the NRC staff is preparing an 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) that implement NEPA. The EIS will address the environmental impacts of the proposed action and reasonable alternatives to the proposed action.
In support of this consultation request, the NRC staff is providing the NMFS with an advance copy of the draft EIS pursuant to 50 CFR 402.14(c)(2) and 50 CFR 600.920(e)(1). These regulations allow Federal agencies to submit existing documents prepared for the proposed action, such as NEPA analyses, in substitution for the formal ESA consultation initiation package and EFH assessment, respectively. The draft EIS contains the staffs biological evaluation and EFH assessment, as described below. Other supporting information can be found in the following sections of the draft EIS.
Section 2.1 describes the Diablo Canyon site and operation of Units 1 and 2.
Section 2.2 describes the proposed action, including purpose, duration, timing, and associated activities that would be carried out during the proposed license renewal term.
Section 3.6 describes the terrestrial ecology of the site and surrounding area.
Section 3.7 describes the marine and freshwater ecology of the site and surrounding area.
Appendix G describes the methodology and major findings of aquatic ecological studies that have been conducted at the Diablo Canyon site.
Biological Evaluation The NRC staffs biological evaluation for ESA-protected species and critical habitats is contained within Section 3.8 of the draft EIS.
Section 3.8.1.1 describes the ESA action area.
Section 3.8.1.3 describes the ESA-protected species and critical habitats under the NMFSs jurisdiction that are potentially present in the action area.
Section 3.8.4.2 analyzes the impacts of the proposed action on ESA-protected species and critical habitats under the NMFSs jurisdiction. The results of the staffs analysis are summarized in Table 1 enclosed with this letter.
EFH Assessment The NRC staffs EFH assessment for federally managed species with designated EFH is contained within Section 3.8 of the draft EIS.
Section 3.8.2 describes the designated EFH within the affected area.
J. Quann
- Section 3.8.4.3 analyzes the impacts of the proposed action on EFH. The results of the staffs analysis are summarized in Table 2 enclosed with this letter.
Request for Formal ESA Consultation With this letter, the NRC requests to initiate ESA Section 7 consultation with the NMFS for continued operation of Diablo Canyon through the proposed license renewal term (November 2044 for Unit 1 and August 2045 for Unit 2). This request is made in accordance with 50 CFR 402.14(a), which directs Federal agencies to formally consult with the NMFS for actions that may affect listed species or critical habitats. The NRC staff has determined that the proposed action may affect the green sea turtle, North Pacific distinct population segment (DPS) of the loggerhead sea turtle, leatherback sea turtle, and Pacific olive ridley sea turtle (Mexicos Pacific Coast breeding population and all other populations).
The NRC staff also requests your written concurrence with its not likely to adversely affect (NLAA) and not likely to destroy or adversely modify (NLDAM) determinations for the proposed Diablo Canyon Units 1 and 2 license renewal for the following species and critical habitats, respectively, in accordance with 50 CFR 402.13(c): black abalone (Haliotus cracherodii),
Western North Pacific DPS of the gray whale (Eschrichtius robustus), Central American DPS and Mexico DPS of the humpback whale (Megaptera novaeangliae), critical habitat of the black abalone, and critical habitat of the humpback whale.
As explained above, the NRC staff is providing the NMFS with an advance copy of the draft EIS, which contains the biological evaluation and other supporting information. Additionally, I provided copies of relevant ecological studies and surveys via email to Susan Wang and Matthew McGoogan on September 26, 2024, and October 3, 2024.
Request for Abbreviated EFH Consultation With this letter, the NRC also requests to initiate abbreviated EFH consultation with the NMFS for continued operation of Diablo Canyon through the proposed license renewal term (November 2044 for Unit 1 and August 2045 for Unit 2). This request is made in accordance with 50 CFR 600.920(a)(1), which directs Federal agencies to consult with the NMFS for actions that may adversely affect EFH, and 50 CFR 600.920(h)(1), which states that abbreviated consultation is appropriate for actions that do not have the potential to cause substantial adverse effects on EFH. The staff has determined that the continued operation of Diablo Canyon would result in no more than minimal adverse effects on the designated EFH of all life stages of coastal pelagic species complex, euphausiids (krill), groundfish, and highly migratory species.
As explained above, the NRC staff is providing the NMFS with an advance copy of the draft EIS, which contains the EFH assessment and other supporting information. As indicated previously, I provided the NMFS with copies of relevant ecological studies and surveys via email on September 26, 2024, and October 3, 2024.
J. Quann Conclusion If you have any questions regarding the information in this letter, please contact me by phone at (301) 415-1042 or via email at briana.arlene@nrc.gov.
Sincerely, Briana Arlene, ESA Consultation Coordinator Environmental Technical Review Branch 1 Division of Rulemaking, Environment, and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50-275 and 50-323 cc: Listserv y,
Signed by Arlene, Briana on 10/30/24
ML24275A062 OFFICE REFS CB REFS LA REFS ES REFS PM REFS PM OGC: NLO REFS BC NAME BArlene AWalker-Smith MDehmer KConway IJohnston JWachutka SLopas for MRome DATE 10/04/2024 10/04/2024 10/09/2024 10/7/2024 10/04/2024 10/8/2024 10/16/2024 OFFICE REFS CB NAME BArlene DATE 10/30/2024
Enclosure Table 1. Effect Determinations for Federally Listed Species Under National Marine Fisheries Service Jurisdiction for Diablo Canyon License Renewal Species or Critical Habitat Federal Status(a)
Summary of Effects ESA Effect Determination(b)
Chinook salmon (Oncorhynchus tshawytscha),
California Coastal ESU FT Species does not occur in action area.
NE Chinook salmon (Oncorhynchus tshawytscha),
Central Valley Spring-Run ESU FT Species does not occur in action area.
NE Chinook salmon (Oncorhynchus tshawytscha),
Sacramento River Winter-Run ESU FE Species does not occur in action area.
NE Chinook salmon (Oncorhynchus tshawytscha), Upper Klamath and Trinity Rivers ESU FC Species does not occur in action area.
NE green sturgeon (Acipenser medirostris)
FT Species does not occur in action area.
NE scalloped hammerhead shark (Sphyrna lewini)
FE Species does not occur in action area.
NE steelhead (Oncorhynchus mykiss irideus),
California Central Valley DPS FT Species does not occur in action area.
NE steelhead (Oncorhynchus mykiss irideus),
Central California Coast DPS FT Species does not occur in action area.
NE steelhead (Oncorhynchus mykiss irideus),
Northern California DPS FT Species does not occur in action area.
NE steelhead (Oncorhynchus mykiss irideus),
South-Central DPS FT Species does not occur in action area.
NE steelhead (Oncorhynchus mykiss irideus),
Southern California DPS FE Species does not occur in action area.
NE black abalone (Haliotus cracherodii)
FE Continued thermal effluent discharges may cause black abalone to avoid the region of highest water temperatures immediately adjacent to the discharge structure. Because the plant has been operating for several decades, this would result in continued avoidance rather than displacement of individuals. PG&E would continue to monitor the black abalone population in accordance with the NPDES permit.
NLAA sunflower sea star (Pycnopodia helianthoides)
FPT Species is functionally extinct in California.
NE blue whale (Balaenoptera musculus)
FE Species does not occur in action area.
NE fin whale FE Species does not occur in action area.
NE Species or Critical Habitat Federal Status(a)
Summary of Effects ESA Effect Determination(b)
(Balaenoptera physalus) gray whale (Eschrichtius robustus), Eastern North Pacific DPS DL DPS is delisted.
N/A gray whale (Eschrichtius robustus), Western North Pacific DPS FE Whales are not subject to impingement or entrainment and do not use areas affected by thermal effluent discharges. Impingement, entrainment, and thermal impacts on prey species would be minimal.
NLAA Guadalupe fur seal (Arctocephalus townsendi)
FT Species does not occur in action area.
NE humpback whale, Central American DPS (Megaptera novaeangliae)
FE Whales are not subject to impingement or entrainment and do not use areas affected by thermal effluent discharges. Impingement, entrainment, and thermal impacts on prey species would be minimal.
NLAA humpback whale (Megaptera novaeangliae), Mexico DPS FT See impacts described above for Central American DPS.
NLAA killer whale (Orcinus orca)
FE Species does not occur in action area.
NE North Pacific right whale (Eubalaena japonica)
FE Species does not occur in action area.
NE sei whale (Balaenoptera borealis)
FE Species does not occur in action area.
NE sperm whale (Physeter macrocephalus)
FE Species does not occur in action area.
NE Steller sea lion (Eumetopias jubatus), Eastern DPS DL DPS is delisted.
N/A green sea turtle (Chelonia mydas), East Pacific DPS FT Occasional entrainment of individuals would constitute take under the ESA and could result in injury or mortality.
All other impacts would be insignificant or discountable.
LAA leatherback sea turtle (Dermochelys coriacea)
FE Rare entrainment of individuals would constitute take under the ESA and could result in injury or mortality. All other impacts would be insignificant or discountable.
LAA loggerhead sea turtle (Caretta caretta), North Pacific DPS FE Occasional entrainment of individuals would constitute take under the ESA and could result in injury or mortality.
All other impacts would be insignificant or discountable.
LAA Pacific olive ridley sea turtle (Lepidochlys olivacea), Mexicos Pacific Coast breeding population FE Rare entrainment of individuals would constitute take under the ESA and could result in injury or mortality. All LAA Species or Critical Habitat Federal Status(a)
Summary of Effects ESA Effect Determination(b) other impacts would be insignificant or discountable.
Pacific olive ridley sea turtle (Lepidochlys olivacea), all other populations FT Rare entrainment of individuals would constitute take under the ESA and could result in injury or mortality. All other impacts would be insignificant or discountable.
LAA Critical habitat of the black abalone FD Diablo Canyons thermal effluent would continue to affect water temperature (PCE 4), but black abalone survey results indicate that the population is not being measurably affected by plant operations. The NPDES permit limits thermal effluents, and PG&E would continue to monitor the black abalone population in accordance with the NPDES permit.
NLDAM Critical habitat of the humpback whale FD Two prey species (Pacific sardine and northern anchovy) identified in the PBF are present in the action area.
Impingement, entrainment, and thermal impacts on these species would be minimal.
NLDAM Critical habitat of the leatherback sea turtle FD The PCE (Semaeostomeae jellyfish) is not present in the action area.
NE DPS = distinct population segment; ESA = Endangered Species Act; ESU = evolutionarily significant unit; N/A = not applicable; NMFS = National Marine Fisheries Service; NPDES = National Pollutant Discharge Elimination System; PBF = physical or biological feature; PCE = primary constituent element; PG&E = Pacific Gas and Electric Company.
(a) Indicates protection status under the Endangered Species Act. DL = delisted; FC = candidate for Federal listing; FD = federally designated (critical habitat); FE = federally endangered; FPT = federally proposed for listing as threatened; and FT = federally threatened.
(b) The NRC staff makes its effect determinations for federally listed species in accordance with the language and definitions specified in the FWS and NMFS Endangered Species Consultation Handbook. LAA = may affect and is likely to adversely affect; NE = no effect; NLAA = may affect but is not likely to adversely affect; NLDAM = may affect but is not likely to destroy or adversely modify; and N/A = not applicable.
Table 2. Effect Determinations for Essential Fish Habitat Species and Life Stages for Diablo Canyon License Renewal Species or Management Unit Federal Management Plan(a)
Relevant Species and Life Stages(b)
EFH Effect Determination(c) coastal pelagic species complex CPS multiple species - E, L, J, A MAE euphausiid (krill)
CPS E, L, J, A MAE groundfish unit PCG multiple species - E, L, J, A MAE highly migratory species unit HMS common thresher shark - E, L, J, A MAE (a) CPS = coastal pelagic species; HMS = highly migratory species; and PCG = Pacific Coast groundfish.
(b) E = eggs; L = larvae; J = juveniles; and A = adults.
(c)
The NRC staff makes its effect determinations for EFH in accordance with the language and definitions specified in the EFH regulations at 50 CFR Part 600 and the NMFSs guidance for Federal action agencies; MAE =
minimal adverse effects.