ML25174A037
| ML25174A037 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 06/20/2025 |
| From: | Schmuecker S US Dept of Interior, Fish & Wildlife Service |
| To: | Healy S Office of Nuclear Material Safety and Safeguards |
| References | |
| Download: ML25174A037 (1) | |
Text
1 Shannon Healy June 20, 2025 U.S. Nuclear Regulatory Commission Electronic Mail Washington, DC 20555-0001 Shannon.Healy@nrc.gov EndangeredSpecies@nrc.gov
Subject:
NUREG-1437, Supplement 17, Second Renewal, draft
Dear Shannon Healy:
Thank you for the opportunity to review and comment on the Draft Environmental Impact Statement (draft EIS) addressing the proposed issuance of subsequent renewed Facility Operating License Nos. DPR-19 and DPR-25 for Constellation Energy Generation (CEG),
LLCs Dresden Nuclear Power Station (DNPS), Units 2 and 3, dated May 2025, and your letter requesting not likely to adversely affect concurrence for federally listed threatened and endangered species, dated May 22, 2025. The DNPS is located in Grundy and Will Counties, Illinois and is situated along the Des Plaines, Kankakee, and Illinois Rivers. The DNPS is a nuclear power plant that consists of one retired and two active units. Unit 1 operated 1960 through 1978 and is now retired, Unit 2 began operation in 1970, and Unit 3 began operation in 1971. The proposed project involves a re-authorization of the existing facility Units 2 and 3 licenses for a period of 20 years, allowing authorized operation until December 22, 2049, and January 12, 2051, respectively. As stated in the draft EIS, DNPS will continue to operate during the SLR [Subsequent License Renewal] term in the same manner as during the current license term except for additional aging management programs, as necessary. Alternatives for the proposed project include a no-action alternative (not renewing the DNPS operating license) and power replacement alternatives of natural gas and a combination of renewable and natural gas. These comments address potential effects to federally listed threatened and endangered species in accordance with Section 7 of the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.) and 50 CFR § 402 of our interagency regulations governing Section 7 of the Act.
Threatened and Endangered Species Twelve federally threatened or endangered species have ranges overlapping the action area including the northern long-eared bat (Myotis septentrionalis), Indiana bat (Myotis sodalis),
eastern massasauga rattlesnake (Sistrurus catenatus), sheepnose mussel (Plethobasus cyphyus),
Meads milkweed (Asclepias meadii), eastern prairie fringed orchid (Plantanthera leucophaea),
Hines emerald dragonfly (Somatochlora hineana), rusty patched bumble bee (Bombus affinis),
decurrent false aster (Boltonia decurrens), lakeside daisy (Tetraneuris herbacea), leafy prairie clover (Dalea foliosa), and prairie bush clover (Lespedeza leptostachya). Additionally, four United States Department of the Interior U.S. FISH AND WILDLIFE SERVICE Illinois - Iowa Field Office 1511 47th Avenue Moline, Illinois 61265 Phone: (309) 757-5800
2 species that the Service has proposed to list as threatened or endangered have ranges overlapping the project area, including the tricolored bat (Perimyotis subflavus), salamander mussel (Simpsonaias ambigua), monarch butterfly (Danaus plexippus), and western regal fritillary (Argynnis idalia occidentalis), along with one non-essential experimental population of whooping crane (Grus americana). Additionally, the project area overlaps proposed designated critical habitat for sheeponse mussel within the Kankakee River.
The effects of the project were previously contemplated for nine of the above-listed species, as documented in the Services concurrence \
letter dated March 11, 2004. Of these, it was determined that the project would have no effect on the decurrent false aster, leafy prairie-clover, lakeside daisy, and Hines emerald dragonfly. The Service concurred that the project may affect, but was not likely to adversely affect Meads milkweed, prairie bush clover, eastern prairie fringed orchid, eastern massasauga, Indiana bat, and the bald eagle (delisted in 2009).
Information in the draft EIS indicates that the proposed relicensing actions would continue to have no effect on the decurrent false aster, lakeside daisy, and leafy prairie clover due to the lack of suitable habitat within the action area. Additionally, Nuclear Regulatory Commission (NRC) staff made a no effect determination for the prairie bush clover, as this species is now considered extirpated within the vicinity of the project area. The Illinois-Iowa Ecological Services Field Office has no regulatory or statutory authority for concurring with no effect determinations.
However, we recommend you maintain a written record of your no effect determination and include it in your decision record. An example no effect memo can be found on our website (https://www.fws.gov/media/no-effect-habitat-letter).
NRC staff made may affect, not likely to adversely affect determinations for the remaining 13 species. Detailed discussions for these species are provided below.
Northern long-eared bat, Indiana bat, and tricolored bat As stated in the draft EIS, the proposed action would not involve any significant changes to the existing facility operations. Existing site activities resulting in noise, lighting, vibration, and human disturbance have been ongoing since the facility began operating in 1960 and would not increase from current levels as a result of the proposed relicensing actions. To-date bat injuries or mortalities associated with structures and vehicle collisions have not been documented within the DNPS project area. Vegetation management within developed areas will continue under the proposed project relicensing; however, activities inclusive of construction, land clearing, tree removal, or other ground-disturbance are not proposed or expected within the action area.
Further, bat boxes were installed on-site under the Wildlife Habitat Council (WHC) conservation program. To-date emergence surveys have not documented utilization of the bat boxes; however, CEG has consulted with WHC on measures to improve box use to provide habitat benefits to bats within the project area.
As the action being evaluated is the relicensing of the existing plant units and the action would not change the baseline impacts that federally protected species have been exposed to throughout the operational life of the facility, including established conservation measures that will continue to be implemented throughout the relicensing terms, the Service concurs that the proposed action
3 is not likely to adversely affect the northern long-eared bat or Indiana bat. Additionally, the Service concurs that the proposed action is not likely to result in jeopardy of the tricolored bat.
Sheepnose and salamander mussel Three rivers border the project area, including the Illinois River, Des Plains River, and Kankakee River. Of these, sheepnose and salamander mussel are only known to occur within the Kankakee River. Overtime, multiple mussel surveys have been conducted associated with the DNPS facility; however, the Service is not aware of any recent mussel surveys bordering the action area within the Kankakee River.
Of the primary influences on viability for the species (USFWS 2022, USFWS 2023) potential risks to freshwater mussels as a result of the proposed relicensings include elevated water temperature and decreased dissolved oxygen due to thermal effluent discharge, altered hydrological regime due to water withdrawal and discharge within the Kankakee River, reduced connectivity, and increased host species vulnerability due to impingement and entrainment. Of these, hydrological regime, water quality (temperature, dissolved oxygen), habitat connectivity, and the presence and abundance of host fish were determined by the Service to be physical or biological features essential to the conservation of sheepnose within areas of proposed designated critical habitat (89 FR 101100-TN11378).
Three siphon discharge structures, known as Outfall 004, have been installed within the Kankakee River and are operated by Will County Emergency Services to aid with melting ice dams during winter months to prevent flooding of nearby residential properties. These structures have been authorized to operate discharge in this manner two times per year for up to 14 days each event, and all runs must be completed prior to March 15 each year to avoid fish spawning interference. In accordance with the associated National Pollutant Discharge Elimination System (NPDES) permit, discharge from these structures may not exceed 77 degrees Fahrenheit, with the maximum amount of heat added to the Kankakee River being less than 0.5 billion Btus per hour. Since 2014, the system has operated an average of 12 days per year. Required upstream and downstream temperature monitoring during the discharge events has documented the typical change in temperature to be less than one degree Fahrenheit. During the winter months, mussels are expected to be buried in substrate, buffering them from the effects of the warm water discharge. Further, the flow and volume of discharge from Outfall 004 is not expected to reach a level that could dislodge mussels or destroy aquatic substrate habitat.
The NPDES permit associated with Outfall 004 is currently operating under an administrative extension while its renewal is pending Illinois Environmental Protection Agency (EPA) review.
As described in the draft EIS, the NPDES permit includes a provision stating, [t]his facility meets the allowed mixing criteria for thermal discharges pursuant to 35 Ill. Adm. Code 302.102, and [t]here shall be no abnormal temperature changes that may adversely affect aquatic life unless caused by natural condition. Further, Illinois Administrative Code states that, Mixing is not allowed in waters containing mussel beds; endangered species habitat; fish spawning areas; areas of important aquatic life habitat; or any other natural features vital to the well-being of aquatic life in a matter that maintaining aquatic life in the body of water as a whole would be adversely affected. As a result, we expect the permit renewal to contain
4 comparable or more restrictive provisions, protective of mussel and fisheries resources. Further, changes in water quality (temperature, dissolved oxygen, flow, etc.) have the potential to create artificial barriers to movement. We expect the NPDES permit provision to be protective of host fish and that any avoidance behaviors resulting from thermal effluent discharge are expected to be temporary in nature.
DNPS withdraws water from an intake structure located within the Kankakee River (near the Des Plaines River confluence) and discharges effluent to the Illinois River. As a result, water withdrawn from the Kankakee is not returned to the river, with the exception of the Outfall 4 discharge described above. Currently, a water withdrawal limit is not specified within the NPDES permit; however, as described in the draft EIS, while the intake canal is located along the shoreline of the Kankakee River, it is close enough to the confluence with the Des Plaines River that during periods of low flow, a larger fraction of the withdrawal is sourced from the Des Plaines River As a result, impacts to the Kankakee River stemming from the DNPS operation, if any, are expected to be infrequent and short-term in nature.
Although impingement and entrainment have the potential to affect known host fish species (mimic shiner (Notropis volucellus) and sauger (Sander canadensis)) for sheepnose, studies to-date have documented low numbers of these species being impacted resulting from DNPS operations, indicating adverse effects to sheepnose are unlikely. Further, host vulnerability has not been identified as a primary influence on viability for sheepnose (USFWS 2022). The host species for salamander mussel is the mudpuppy (Necturus maculosus). Due to the mudpuppy being a benthic species, it is unlikely to be susceptible to impingement or entrainment.
As the action being evaluated is the relicensing of the existing plant units and the action would not change the baseline impacts that federally protected species have been exposed to throughout the operational life of the facility, including established conservation measures that will continue to be implemented throughout the relicensing terms, the Service concurs that the proposed action is not likely to adversely affect sheepnose, will not result in jeopardy of the salamander mussel, and will not result in adverse modification to proposed critical habitat for sheepnose.
Additionally, the draft EIS discusses the potential for the federally endangered scaleshell mussel to occur within the project area. The species was believed to be extirpated within Illinois until one live specimen was encountered downstream of the DNPS within the Marseilles Pool of the Illinois River in 2013. Subsequent surveys throughout the Marseilles Pool and Illinois River have not detected further evidence of the species. The Service does not consider the species range of scaleshell to overlap the project area.
Eastern massasauga rattlesnake, Hines emerald dragonfly, rusty patched bumble bee, monarch butterfly, western regal fritillary, Meads milkweed, and eastern prairie fringed orchid As stated within the draft EIS, potentially suitable habitat for eastern massasauga rattlesnake, Hines emerald dragonfly, rusty patched bumblebee, monarch butterfly, western regal fritillary, Meads milkweed, and eastern prairie fringed orchid may be present within the action area.
Under the proposed relicensing actions, ongoing DNPS operation activities would continue to occur within developed areas the DNPS facility, including mowing and insecticide and herbicide
5 application. The proposed action would not involve any significant changes to the existing facility operations and impacts to habitat for these species are not planned. Herbicide application in natural areas would be limited to invasive species control and we be conducted in accordance with labeled uses.
As the action being evaluated is the relicensing of the existing plant units and the action would not change the baseline impacts that federally protected species have been exposed to throughout the operational life of the facility, including established conservation measures that will continue to be implemented throughout the relicensing terms, the Service concurs that the proposed action is not likely to adversely affect the eastern massasauga rattlesnake, Hines emerald dragonfly, rusty patched bumble bee, Meads milkweed, or eastern prairie fringed orchid, and will not result in jeopardy of the monarch butterfly or western regal fritillary.
Whooping crane Although potentially suitable habitat for whooping crane exists on-site, there have not been known occurrences of the species within the project area. Under the proposed action, all plant operation activities would continue to occur within developed areas of the DNPS facility. The existing Avian Protection Plan would continue to be implemented throughout the relicensing terms. Avian monitoring from 2013 through 2024 has resulted in the reporting of three bird mortality incidents. As a result, a collusion incident involving whooping crane is expected to be unlikely. Further, the proposed action would not involve any significant changes to the existing facility operations and impacts to habitat for the whooping crane are not planned.
As the action being evaluated is the relicensing of the existing plant units and the action would not change the baseline impacts that federally protected species have been exposed to throughout the operational life of the facility, including established conservation measures that will continue to be implemented throughout the relicensing terms, the Service concurs that the proposed project will not result in jeopardy of the whooping crane.
Fish and Wildlife Resources The DNSP currently withdraws water from the Kankakee River and discharges thermal effluent into the Illinois and Kankakee Rivers. As the proposed action would not involve any significant changes to the existing facility operations, we do not anticipate fisheries resources to be affected beyond baseline conditions experienced throughout the operational life of the DNPS. This is supported by the results of a mussel survey that was conducted within the thermal plume within the Dresden Pool of the Illinois River in 2014. This survey documented the highest concentration of mussels observed throughout the survey effort to occur within the transect sampled closest to the thermal effluent discharge, indicating mussel resources within the project area vicinity are tolerant of the current discharge regime. Additionally, information in the draft EIS indicates that there would be minimal terrestrial resource impacts from continued plant operation and there is not planned expansion of the existing facilities. Based on this information, the Service has no objection to the proposed license renewal.
6 Migratory Birds The proposed action would not involve any significant changes to the existing facility operations.
As described in the draft EIS, CEG has a Corporate Avian and Wildlife Management Plan that incorporates industry best management practices (BMPs) to minimize interactions, deaths, and injuries to migratory birds. Throughout the 2014 to 2023 monitoring period, there have been no observed eagle mortalities at the facility. The Corporate Avian and Wildlife Management Plan would continue to be implemented under the proposed relicensing action.
Although the Service removed bald eagles from protection under the Endangered Species Act on August 8, 2007, they remain protected today under the Migratory Birds Treaty Act and the Bald and Golden Eagle Protection Act (Eagle Act). The Eagle Act prohibits take, which is defined as, pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb (50 CFR 22.3). Disturb is defined in regulations as, to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, or 2) decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior. Please contact our Region 3 Migratory Bird Office should activities that have the potential to result in take or disturbance of eagles or their nests (https://www.fws.gov/program/eagle-management/contact-us).
Conclusion The above comments are provided in accordance with the Endangered Species Act (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.), provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), and the Migratory Bird Treaty Act (40 Stat, 755, as amended; 16 U.S.C. 703 et seq.). This precludes the need for further action on this project as required under section 7 of the Endangered Species Act of 1973, as amended. Should the project be modified, or new information indicate endangered species may be affected, consultation should be reinitiated. Thank you for the opportunity to provide comments. If you have any additional questions or concerns, please contact our office.
Sincerely, Sara Schmuecker Deputy Field Supervisor Illinois-Iowa Field Office SARA SCHMUECKER Digitally signed by SARA SCHMUECKER Date: 2025.06.20 15:32:27
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7 References
[USFWS] U.S. Fish and Wildlife Service. 2022. Species status assessment report for the sheepnose (Plethobasus cyphyus). June 2022 (Version 1.0). Illinois-Iowa Ecological Services Field Office, Moline, Illinois. 210pp.
[USFWS] U.S. Fish and Wildlife Service. 2023. Species status assessment report for the Salamander Mussel (Simpsonaias ambigua). Version 1.1, May 2023. Michigan Ecological Services Field Office, East Lansing, Michigan. 188pp.