ML12138A389: Difference between revisions

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| number = ML12138A389
| number = ML12138A389
| issue date = 05/17/2012
| issue date = 05/17/2012
| title = NRC Staff Notification That on 05/16/2012, the Staff Issued a Biological Assessment and Requested Reinitiation of Consultations with Nmfs Under Section 7 of the ESA, Regarding Atlantic Sturgeon at Indian Point, Units 2 and 3
| title = NRC Staff Notification That on 05/16/2012, the Staff Issued a Biological Assessment and Requested Reinitiation of Consultations with NMFS Under Section 7 of the ESA, Regarding Atlantic Sturgeon at Indian Point, Units 2 and 3
| author name = Turk S
| author name = Turk S
| author affiliation = NRC/OGC
| author affiliation = NRC/OGC
Line 17: Line 17:


=Text=
=Text=
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON.
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 May 17, 2012 Lawrence G. McDade, Chair                                 Dr. Michael F. Kennedy Administrative Judge                                     Administrative Judge Atomic Safety and Licensing Board                         Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission                       U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23                                       Mail Stop: T-3 F23 Washington, D.C. 20555                                   Washington, D.C. 20555 Dr. Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.
D.C. 20555-0001 May 17, 2012 Lawrence G. McDade, Chair Dr. Michael F. Kennedy Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Mail Stop: T-3 F23 Washington, D.C. 20555 Washington, D.C. 20555 Dr. Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T -3 F23 Washington, D.C. 20555 In the Matter ENTERGY NUCLEAR OPERATIONS, (Indian Point Nuclear Generating Unit Nos. 2 and Docket Nos.
(Indian Point Nuclear Generating Unit Nos. 2 and 3)
Dear Administrative Judges: In a status report filed by the NRC Staff ("Staffl!)
Docket Nos. 50-247-LR/286-LR
on February 8, 2012, the Staff informed the Atomic Safety and Licensing Board ("Board")
 
and parties that the National Marine Fisheries Service ("NMFSI!)
==Dear Administrative Judges:==
had published a notice in the Federal Register, listing the Atlantic sturgeon as an endangered species under the Endangered Species Act ("ESA,,).1 In this regard, the Staff further stated as follows: The Staff expects to communicate with NMFS and to reinitiate consultations regarding this development under Section 7 of the ESA. The Staff is also considering what effect this development may have on the schedule for issuance of the Draft FSEIS Supplement, in which the Staff plans to address the Biological Opinion and Incidental Take Statement issued by NMFS concerning the endangered shortnose sturgeon.
 
Any delay in the issuance of the Draft FSEIS Supplement could affect the schedule for litigation of Riverkeeper Contention EC-8 (presently deferred), but would not affect the litigation of any other admitted contention.
In a status report filed by the NRC Staff ("Staffl!) on February 8, 2012, the Staff informed the Atomic Safety and Licensing Board ("Board") and parties that the National Marine Fisheries Service ("NMFSI!) had published a notice in the Federal Register, listing the Atlantic sturgeon as an endangered species under the Endangered Species Act ("ESA,,).1 In this regard, the Staff further stated as follows:
2 1 "NRC Staffs Statement in Response to the Atomic Safety and Licensing Board's Order of February 3,2012" (Feb. 8, 2012) at 2, ,-r3(c). 2 'd. at 2-3.
The Staff expects to communicate with NMFS and to reinitiate consultations regarding this development under Section 7 of the ESA. The Staff is also considering what effect this development may have on the schedule for issuance of the Draft FSEIS Supplement, in which the Staff plans to address the Biological Opinion and Incidental Take Statement issued by NMFS concerning the endangered shortnose sturgeon. Any delay in the issuance of the Draft FSEIS Supplement could affect the schedule for litigation of Riverkeeper Contention EC-8 (presently deferred),
---Judge McDade May 17, 2012 Judge Kennedy Judge Wardwell The Staff wishes to inform you that on May 16, 2012, the Staff issued a Biological Assessment and requested reinitiation of consultations with NMFS under Section 7 of the ESA, regarding Atlantic sturgeon at Indian Point Nuclear Generating Units 2 and 3 ("IP2" and "IP3"). A copy of the Staff's letter to NMFS and the attached Biological Assessment (ADAMS Accession No. ML12100A082) is enclosed herewith.
but would not affect the litigation of any other admitted contention. 2 1 "NRC Staffs Statement in Response to the Atomic Safety and Licensing Board's Order of February 3,2012" (Feb. 8, 2012) at 2, ,-r3(c).
2 'd. at 2-3.
 
Judge McDade                                                                     May 17, 2012 Judge Kennedy Judge Wardwell The Staff wishes to inform you that on May 16, 2012, the Staff issued a Biological Assessment and requested reinitiation of consultations with NMFS under Section 7 of the ESA, regarding Atlantic sturgeon at Indian Point Nuclear Generating Units 2 and 3 ("IP2" and "IP3"). A copy of the Staff's letter to NMFS and the attached Biological Assessment (ADAMS Accession No.
ML12100A082) is enclosed herewith.
The Staff does not expect this development to affect the issuance of the Draft Supplement to the Staff's Final Supplemental Environmental Impact Statement for license renewal of IP2 and IP3. Further, the Staff does not expect this development to affect the litigation of any admitted contention in this proceeding, with the possible exception of Riverkeeper Contention EC-8 (Endangered Species).
The Staff does not expect this development to affect the issuance of the Draft Supplement to the Staff's Final Supplemental Environmental Impact Statement for license renewal of IP2 and IP3. Further, the Staff does not expect this development to affect the litigation of any admitted contention in this proceeding, with the possible exception of Riverkeeper Contention EC-8 (Endangered Species).
Sincerely, Sherwin E. Turk Counsel for NRC Staff Encl.: As stated cc w/Encl.: EI E Service List}}
Sincerely,
                                                    ~~[i~
Sherwin E. Turk
                                                                          ---
Counsel for NRC Staff Encl.: As stated cc w/Encl.: EI E Service List}}

Revision as of 04:22, 12 November 2019

NRC Staff Notification That on 05/16/2012, the Staff Issued a Biological Assessment and Requested Reinitiation of Consultations with NMFS Under Section 7 of the ESA, Regarding Atlantic Sturgeon at Indian Point, Units 2 and 3
ML12138A389
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 05/17/2012
From: Sherwin Turk
NRC/OGC
To: Kennedy M, Lawrence Mcdade, Richard Wardwell
Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML12138A387 List:
References
RAS 22474, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML12138A389 (2)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 May 17, 2012 Lawrence G. McDade, Chair Dr. Michael F. Kennedy Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Mail Stop: T-3 F23 Washington, D.C. 20555 Washington, D.C. 20555 Dr. Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Unit Nos. 2 and 3)

Docket Nos. 50-247-LR/286-LR

Dear Administrative Judges:

In a status report filed by the NRC Staff ("Staffl!) on February 8, 2012, the Staff informed the Atomic Safety and Licensing Board ("Board") and parties that the National Marine Fisheries Service ("NMFSI!) had published a notice in the Federal Register, listing the Atlantic sturgeon as an endangered species under the Endangered Species Act ("ESA,,).1 In this regard, the Staff further stated as follows:

The Staff expects to communicate with NMFS and to reinitiate consultations regarding this development under Section 7 of the ESA. The Staff is also considering what effect this development may have on the schedule for issuance of the Draft FSEIS Supplement, in which the Staff plans to address the Biological Opinion and Incidental Take Statement issued by NMFS concerning the endangered shortnose sturgeon. Any delay in the issuance of the Draft FSEIS Supplement could affect the schedule for litigation of Riverkeeper Contention EC-8 (presently deferred),

but would not affect the litigation of any other admitted contention. 2 1 "NRC Staffs Statement in Response to the Atomic Safety and Licensing Board's Order of February 3,2012" (Feb. 8, 2012) at 2, ,-r3(c).

2 'd. at 2-3.

Judge McDade May 17, 2012 Judge Kennedy Judge Wardwell The Staff wishes to inform you that on May 16, 2012, the Staff issued a Biological Assessment and requested reinitiation of consultations with NMFS under Section 7 of the ESA, regarding Atlantic sturgeon at Indian Point Nuclear Generating Units 2 and 3 ("IP2" and "IP3"). A copy of the Staff's letter to NMFS and the attached Biological Assessment (ADAMS Accession No.

ML12100A082) is enclosed herewith.

The Staff does not expect this development to affect the issuance of the Draft Supplement to the Staff's Final Supplemental Environmental Impact Statement for license renewal of IP2 and IP3. Further, the Staff does not expect this development to affect the litigation of any admitted contention in this proceeding, with the possible exception of Riverkeeper Contention EC-8 (Endangered Species).

Sincerely,

~~[i~

Sherwin E. Turk

---

Counsel for NRC Staff Encl.: As stated cc w/Encl.: EI E Service List