ML25132A212
| ML25132A212 | |
| Person / Time | |
|---|---|
| Site: | 99902117 |
| Issue date: | 05/12/2025 |
| From: | NRC |
| To: | NRC/NMSS/DREFS |
| References | |
| Download: ML25132A212 (4) | |
Text
From:
Joe OHara Sent:
Monday, May 12, 2025 2:25 PM To:
Milton Gorden; ProjectLongMott-EnvPUBLICem Resource Cc:
Subject:
ESA Section 7 questions and the use of Information for Planning and Consultation (IPaC)
Hi Milton, I have some answers to pass along that were generated over the last couple of meetings.
Regarding the non-Federal Representative for Section 7 ESA consultations, would the consultations occur in the name of the applicant (Long Mott Energy), such that we use letterhead for LME? Or can the Representative be affiliated with the Applicant is some manner?
The applicant/licensee may choose to have a consultant (approved by NRC) to conduct their Biological Assessment. The NRC staff will the designate Long Mott Energy as the NFR and mention the consultant they wish to use in writing which will then be sent to the Services, as required. NRC staff need to know who they will be using as a consultant.
Regarding the non-Federal Representative, RG 4.2 App. B1 uses language such as may regarding Section 7 ESA consultation if an Environmental Assessment is being pursued. Just to confirm, informal ESA consultation is not required if an EA?
An EA or EIS is the NEPA document and does not directly correlate to consultation. The Endangered Species Act has separate legal requirements. There are legal determinations that dictate which form of consultation will occur. No Effect determinations equate to no consultation. May Affect but is Not Likely to Adversely Affect determination equates to informal consultation. May Affect, Likely to Adversely Affect determinations equate to formal consultation. Informal consultation is required if there are any effects, direct or indirect, and that wont reach take of listed species as result of the proposed action.
Can Long Mott Energy use the USFWS Information for Planning and Consultation (IPaC) tool for conducting these consultations.
Yes, you can use IPaC. But, NRC staff must determine the action area and make them an action agency representative in IPaC.
R/
Joe OHara Project Manager U.S. Nuclear Regulatory Commission Office of Nuclear Materials Safety and Safeguards Division of Rulemaking, Environmental, and Financial Support (301) 415-6854; T5-A68 Per aspera ad astra
Hearing Identifier:
XeDOW_ProjectLongMott_EnvPublic Email Number:
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Subject:
ESA Section 7 questions and the use of Information for Planning and Consultation (IPaC)
Sent Date:
5/12/2025 2:24:47 PM Received Date:
5/12/2025 2:24:49 PM From:
Joe OHara Created By:
Joe.OHara@nrc.gov Recipients:
"Robert Hoffman" <Robert.Hoffman@nrc.gov>
Tracking Status: None "Milton Gorden" <mgorden@x-energy.com>
Tracking Status: None "ProjectLongMott-EnvPUBLICem Resource" <ProjectLongMott-EnvPUBLICem.Resource@nrc.gov>
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