ML25079A213
| ML25079A213 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 05/29/2025 |
| From: | Arlene B Office of Nuclear Material Safety and Safeguards |
| To: | State of PA, US Dept of Interior, Fish & Wildlife Service |
| References | |
| Download: ML25079A213 (1) | |
Text
E-MAIL ONLY Pennsylvania Ecological Services Field Office 110 Radnor Road Suite 101 State College, PA 16801-7987
SUBJECT:
REQUEST FOR CONCURENCE WITH ENDANGERED SPECIES ACT DETERMINATIONS FOR PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 SUBSEQUENT LICENSE RENEWAL IN YORK COUNTY, PENNSYLVANIA (IPAC PROJECT CODE 2025-0011763) (DOCKET NUMBERS: 50-277 AND 50-278)
Dear Pennsylvania Ecological Services Field Office:
With this letter, the U.S. Nuclear Regulatory Commission (NRC) requests the U.S. Fish and Wildlife Services (FWS) concurrence with the NRC staffs determination that the continued operations of Peach Bottom Atomic Power Station, Units 2 and 3 (Peach Bottom) in York County, Pennsylvania for an additional 20 years is not likely to adversely affect (NLAA) the monarch butterfly (Danaus plexippus) pursuant to Section 7 of the Endangered Species Act of 1973, as amended (ESA), and Title 50 of the Code of Federal Regulations (CFR) Part 402, Interagency CooperationEndangered Species Act of 1973, as Amended. This letter includes information explaining and supporting this request.
Proposed Federal Action Peach Bottom is a two-unit nuclear power plant located on the west side of Conowingo Pond on a 769-acre site near Delta, Pennsylvania, in York County. The plant is approximately 19 miles south of Lancaster, Pennsylvania; 30 miles southeast of York, Pennsylvania; and 38 miles north of Baltimore, Maryland. Constellation Energy Generation, LLC (CEG) operates and maintains the plant. The NRC issued facility operating licenses for Peach Bottom in October 1973 (Unit 2) and July 1974 (Unit 3), and commercial operations began in July 1974 (Unit 2) and December 1974 (Unit 3). In 2003, the NRC issued renewed facility operating licenses authorizing an additional 20 years of plant operations through August 2033 (Unit 2) and July 2034 (Unit 3).
In January 2020, the NRC published a final supplement to NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS)
(Agencywide Documents Access and Management System (ADAMS) Accession No. ML13107A023), for the proposed Federal action of deciding whether to issue subsequent renewed facility operating licenses for Peach Bottom authorizing a second additional 20 years of plant operations (the 2020 FSEIS) (ML20023A937). In March 2020, the NRC issued these licenses, which included the expiration dates of August 8, 2053 (Unit 2), and July 2, 2054 (Unit 3). However, in 2022, the Commission found that the LR GEIS, on which the NRC staff had relied in the 2020 FSEIS, in part, to meet its obligations under the National Environmental Policy Act of 1969, as amended (NEPA), did not consider subsequent license renewal. Accordingly, the Commission directed the NRC staff to leave the Peach Bottom subsequent renewed facility operating licenses in place but to modify their expiration dates to reflect the end dates of the May 29, 2025
Pennsylvania FWS previous renewed facility operating licenses (i.e., August 8, 2033, for Peach Bottom Unit 2 and July 2, 2034, for Peach Bottom Unit 3). Therefore, the current proposed Federal action is to decide whether to restore the expiration dates for the Peach Bottom Units 2 and 3 subsequent renewed facility operating licenses to August 8, 2053, and July 2, 2054, respectively.
Draft Supplement to the 2020 Final Supplemental Environmental Impact Statement In support of its environmental review of the proposed Federal action, the NRC staff has prepared a draft supplement to the 2020 FSEIS. The draft supplement to the 2020 FSEIS updates the 2020 FSEIS and includes the NRC staffs evaluation of new information obtained since the issuance of the 2020 FSEIS. This new information includes the NRCs publication of a final rule in 2024, which revised the NRCs environmental protection regulation at 10 CFR Part 51, Environmental protection regulations for domestic licensing and related regulatory functions. This final rule updated the potential environmental impacts associated with the renewal of an operating license for a nuclear power plant for up to an additional 20 years, which could either be an initial license renewal or one term of subsequent license renewal.
The draft supplement to the 2020 FSEIS is available online at: ML25111A147.
Federally Listed, Proposed, and Candidate Species and Critical Habitats During its initial environmental review, the NRC staff evaluated potential impacts on five species in Sections 3.8.1.2 and 4.8.1.1 of the 2020 FSEIS (ML20023A937). The NRC staff then concluded that the proposed Federal action is NLAA the northern long-eared bat (Myotis septentrionalis) and the Indiana bat (M. sodalis). The FWS provided its concurrence with these findings by letter dated September 4, 2019 (ML19247D287). The NRC staff also concluded that the proposed Federal action would have no effect on the bog turtle (Clemmys muhlenbergii) and the rufa red knot (Calidris canutus rufa). Additionally, the NRC staff concluded that the proposed Federal action may affect the Chesapeake logperch (Percina bimaculata). However, because the Chesapeake logperch was a candidate under FWS review for listing, the ESA did not require the NRC to consult with the FWS on this conclusion. This species remains a candidate for listing at this time. During its supplemental environmental review, the NRC staff did not identify any new and significant information that would change the conclusions in the 2020 FSEIS for these species or that would require further coordination or consultation with the FWS.
Therefore, the NRC is not engaging with the FWS regarding these determinations a second time.
During its environmental review in support of the supplement to the 2020 FSEIS, the NRC staff identified three additional listed species that may occur in the Peach Bottom action area:
tricolored bat (Perimyotis subflavus), green floater (Lasmigona subviridis), and monarch butterfly, all of which are proposed for Federal listing. By letter dated November 22, 2024, the NRC staff received the FWSs concurrence with the NRCs NLAA finding on the tricolored bat under the FWSs Rangewide Northern Long-eared Bat and Tricolored Bat Determination Key (DKey) (ML24327A164). This DKey also updated the FWSs 2019 concurrence for the northern long-eared bat. The NRC staff determined that the green floater is not present in the action area because the area does not contain suitable habitat for the species and, therefore, there would be no effect on this species.
With respect to the monarch butterfly and as discussed in greater detail in the draft supplement to the 2020 FSEIS, the NRC staff determined that the species may occur in the action area from April through October. Migrating monarch butterflies may use the action area as breeding or
Pennsylvania FWS stopover habitat. No surveys have been conducted to determine either the monarch butterflys presence or the presence of milkweed on the site. However, CEG reports that suitable habitat for the monarch butterfly is likely present in undeveloped portions of the Peach Bottom site that are not maintained by mowing. The proposed Federal action of continued operations of Point Beach for an additional 20 years would not involve any habitat loss, land-disturbing activities, or activities that would degrade existing natural areas or potential habitat for monarch butterflies.
The continued preservation of existing natural areas on the Peach Bottom site would result in positive impacts on monarch butterflies. During the additional 20 years of operations, CEG would continue to apply herbicides, as needed, according to labeled uses, in landscaped areas on the site, but CEG has no plans to apply herbicides in natural areas. Application would primarily be confined to industrial use and other developed portions of the site, such as perimeters of parking lots, roads, and walkways. The NRC staff concluded that the proposed Federal action is NLAA the monarch butterfly because all potential effects would be insignificant. Section 3.8 of the draft supplement to the 2020 FSEIS provides more information on the monarch butterfly and contains the NRC staffs full analysis of potential effects.
Request for NLAA Concurrence The monarch butterfly is currently proposed for listing as threatened under the ESA. Under ESA regulations, conference is required when an action is likely to jeopardize the continued existence of a proposed species (50 CFR 402.10(a)). 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 monarch butterfly because the FWS may issue a final rule to list this species before the NRC makes a decision on its proposed Federal action of Peach Bottom subsequent license renewal. Please provide your response electronically to the following email addresses: EndangeredSpecies@nrc.gov and Briana.Arlene@nrc.gov.
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. 50-277 and 50-278 cc: Listserv Signed by Arlene, Briana on 05/29/25
ML25079A213 OFFICE REFS CB REFS LA REFS PM OGC: NLO REFS BC REFS CB NAME BArlene AWalker-Smith KFolk JWachutka MRome BArlene DATE 3/25/2025 3/25/2025 3/25/2025 4/3/2025 4/3/2025 5/29/2025