ML26075A726
| ML26075A726 | |
| Person / Time | |
|---|---|
| Site: | 05000615 |
| Issue date: | 03/13/2026 |
| From: | Elbert D US Dept of Interior, Fish & Wildlife Service, TN Ecological Services Field Office |
| To: | Nagel M Office of Nuclear Material Safety and Safeguards |
| References | |
| 2025-0137715 | |
| Download: ML26075A726 (0) | |
Text
FWS# 2025-0137715 Page 1 of 2 United States Department of the Interior FISH AND WILDLIFE SERVICE Tennessee Ecological Services Field Office 446 Neal Street Cookeville, Tennessee 38501 (931) 528-6481 March 13, 2025 Ms. Madelyn Nagel Environmental Project Manager Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
FWS# 2025-0137715 - Concurrence with ESA Section 7 Effect Determinations and Reliance on TVAs July 11, 2025 Biological Opinion for the Clinch River Nuclear Site; CRN-1
Dear Ms. Nagel:
Thank you for your November 6, 2025 request for concurrence under Section 7(a)(2) of the Endangered Species Act (ESA) for the proposed action to issue a construction permit for the Clinch River Nuclear Site Unit 1 (CRN-1) in Roane County, Tennessee. Your request included a Biological Assessment and supporting material from the draft Supplemental Environmental Impact Statement (SEIS).
After reviewing this information, we concur with your determinations that the proposed action is likely to adversely affect the federally endangered Indiana bat (Myotis sodalis) and gray bat (Myotis grisescens), and not likely to adversely affect the federally endangered northern long-eared bat (Myotis septentrionalis) and proposed endangered tricolored bat (Perimyotis subflavus), as presented in your draft SEIS and Biological Assessment. These effect determinations are consistent with those addressed during our July 11, 2025 formal consultation with the Tennessee Valley Authority (TVA), which resulted in a Final Biological Opinion (BO) and Conference Opinion (CO) (FWS 2025-0079091). That BO/CO concluded that the Action is not likely to jeopardize the continued existence of these bat species and included an Incidental Take Statement (ITS) with associated Reasonable and Prudent Measures and Terms and Conditions.
We confirm that your proposed action is the same underlying Action evaluated in TVAs July 11, 2025 BO/CO, based on several key factors:
- Identical Project Scope and Physical Action o Both the TVA BO/CO and NRCs request address construction of a single BWRX-300 small modular reactor (CRN-1) at the Clinch River Nuclear Site within the same 935-acre footprint and involving the same closed-cycle cooling
FWS# 2025-0137715 Page 2 of 2 system and associated infrastructure.
- Identical Species List and Effects Analysis o You adopted the same Biological Assessment used in the TVA consultation.
o The species evaluated and effect determinations are identical between the two actions.
- No Modifications to the Action o You describe no changes to project design, timing, location, or activity that would alter the effects previously analyzed in the July 2025 BO/CO.
- Same ESA Compliance Framework o The ITS, Reasonable and Prudent Measures, Terms and Conditions, and reinitiation triggers included in the 2025 BO/CO apply to your permit decision because both agencies are authorizing components of the same Action.
Based on this alignment, we conclude that you may rely on the July 11, 2025 TVA BO/CO to meet your Section 7(a)(2) obligations, provided the project remains consistent with that consultation. As Section 7 regulations at 50 CFR Part 402 make clear:
Each Federal agency is responsible for ensuring its own Action complies with ESA Section 7(a)(2).
The regulations do not prohibit reliance on an existing Biological Opinion prepared for another Federal agency, so long as it fully evaluates the effects of the relying agencys Action.
Reinitiation is required only if the Action changes, new information becomes available, or new species or critical habitat become relevant (50 CFR 402.16).
Accordingly, you must incorporate the existing ITS, Reasonable and Prudent Measures, and Terms and Conditions into your permit decision and ensure your oversight is consistent with the compliance provisions established in the BO/CO. This approach supports efficient, non-duplicative implementation of ESA Section 7 while maintaining protection for listed species.
If you have any questions regarding our comments, please contact me. We appreciate your ongoing partnership to conserve, protect, and enhance federally endangered species and their habitats as part of this important interagency effort Sincerely, Field Supervisor DANIEL ELBERT Digitally signed by DANIEL ELBERT Date: 2026.03.13 17:35:39 -05'00'