ML082840759

Letter of Intent Regarding Compliance with Section 7 (a) (2) of the Endangered Species Act with Respect to the Nuclear Regulatory Commission'S Review of the Wolf Creek Generating Station License Renewal Application

ML082840759
Person / Time
Site:	Wolf Creek
Issue date:	11/13/2008
From:	Tam Tran License Renewal Projects Branch 1
To:	Levalley M US Dept of Interior, Fish & Wildlife Service
tran t, NRR/RPB1, 415-3617
References
Download: ML082840759 (5)

Text

November13, 2008 Mr. Michael LeValley, Field Supervisor Kansas Ecological Services Field Office U.S. Fish and Wildlife Service 2609 Anderson Avenue Manhattan, KS 66502

SUBJECT:

LETTER OF INTENT REGARDING COMPLIANCE WITH SECTION 7(A)(2) OF THE ENDANGERED SPECIES ACT WITH RESPECT TO THE NUCLEAR REGULATORY COMMISSIONS REVIEW OF THE WOLF CREEK GENERATING STATION LICENSE RENEWAL APPLICATION

Dear Mr. LeValley:

The Nuclear Regulatory Commission (NRC) is in the final stages of its review of the Wolf Creek Nuclear Operating Corporations application for renewal of the Wolf Creek Generating Station (WCGS) operating license for an additional 20 years. The NRC is charged with the responsibility of approving the license renewal application pursuant to Section 103 of the Atomic Energy Act of 1954, as amended. This letter is to document the status and path forward to proceed with finalization of the license renewal approval for WCGS.

In fulfilling its responsibility, the staff has prepared a Generic Environmental Impact Statement, Final Report for License Renewal of Nuclear Plants, Supplement 32, Wolf Creek Generating Station pursuant to the National Environmental Policy Act of 1969.

The staff has closely coordinated with you and others at the U.S. Fish and Wildlife Service (USFWS) to ensure that there is full compliance with Section 7 and other provisions of the Endangered Species Act (ESA) as appropriate. The final Supplemental EIS conclusion states: the recommendation of the staff is that the Commission determined that the adverse environmental impacts of license renewal for WCGS are not so great that preserving the option of license renewal for energy planning decision makers would be unreasonable.

The staff appreciates your input and assistance in reviewing and commenting upon the biological assessment that addresses the license renewal of Wolf Creek. The staff also understands your concern that the specific effects of generating station makeup water withdrawals from the Neosho River and John Redmond Reservoir on the federally-threatened Neosho madtom (Noturus placidus) may not be determined until hydrological simulations of the water withdrawal are completed by the U.S. Army Corps of Engineers, Tulsa District.

M. LeValley The staff agrees that it would be prudent to document our joint intentions with respect to completing Section 7(a)(2) consultation in the event that the Corps of Engineers results are not available prior to the NRCs license renewal decision which is currently scheduled for November 20, 2008. As the NRC staff indicated during the telephone conference with you on September 24, 2008, the final decision regarding the renewal of WCGSs Operating License is not contingent upon completion of Section 7(a)(2) consultation.

Furthermore, the staff recognizes that proceeding with license renewal does not prohibit the formulation or implementation of future reasonable and prudent alternatives by the applicant in support of compliance with Section 7(a)(2) of the Endangered Species Act.

If you have any questions regarding this matter, please contact the license renewal project manager, Mr. Tam Tran, at 301-415-3617 or e-mail tam.tran@nrc.gov.

Sincerely,

\RA\

Tam Tran, Project Manager Project Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-482 DISTRIBUTION: See next page

ML082840759 OFFICE LA:DLR PM:RPB1:DLR OGC NLO BC:RPB1:DLR BC:RERB:DLR NAME SFigueroa TTran DRoth DPelton BPham DATE 10/22/08 10/21/08 11/13/08 11/13/08 10/29/08

Letter to M. Levalley from T. Tran, dated November 13, 2008 DISTRIBUTION:

SUBJECT:

LETTER OF INTENT REGARDING COMPLIANCE WITH SECTION 7(A)(2) OF THE ENDANGERED SPECIES ACT WITH RESPECT TO THE NUCLEAR REGULATORY COMMISSIONS REVIEW OF THE WOLF CREEK GENERATING STATION LICENSE RENEWAL APPLICATION HARD COPY:

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Wolf Creek Generating Station cc:

Jay Silberg, Esq. Supervisor Licensing Pillsbury Winthrop Shaw Pittman, LLP Wolf Creek Nuclear Operating Corporation 2300 N Street, NW P.O. Box 411 Washington, DC 20037 Burlington, KS 66839 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Resident Inspectors Office/Callaway Plant 611 Ryan Plaza Drive, Suite 400 8201 NRC Road Arlington, TX 76011-7005 Steedman, MO 65077-1032 Senior Resident Inspector Lorrie I. Bell, Project Manager U.S. Nuclear Regulatory Commission Wolf Creek Nuclear Operating Corporation P.O. Box 311 PO Box 411 Burlington, KS 66839 Burlington, KS 66839 Chief Engineer, Utilities Division Kansas Corporation Commission 1500 SW Arrowhead Road Topeka, KS 66604-4027 Office of the Governor State of Kansas Topeka, KS 66612 Attorney General 120 S.W. 10th Avenue, 2nd Floor Topeka, KS 66612-1597 County Clerk Coffey County Courthouse 110 South 6th Street Burlington, KS 66839 Chief, Radiation and Asbestos Control Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366 Vice President Operations/Plant Manager Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839