ML14007A141

Terms of Renewed License Is Not Likely to Adversely Affect Any Listed Species Under National Marine Fisheries Service

ML14007A141
Person / Time
Site:	Pilgrim
Issue date:	12/31/2013
From:	Noyes D Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
2.13.102
Download: ML14007A141 (7)

Text

SEn tergy Entergy Nuclear Operations, Inc.

600 Rocky Hill Road Plymouth, MA 02360 Pilgrim Nuclear Power Station December 31, 2013 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555

SUBJECT:

Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station Docket No.: 50-293 License No.: DPR-35

REFERENCES:

1. Letter, D. S. Morris, United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to A. S. Imboden, Chief, Environmental Review and Guidance Update Branch, U.S. Nuclear Regulatory Commission, Pilgrim Nuclear Power Station, May 17, 2012.

2. Letter, J. K. Bullard, United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to A. Hull, Acting Chief, Environmental Review and Guidance Update Branch, U.S. Nuclear Regulatory Commission, Pilgrim Nuclear Power Station, April 24, 2013.

LETTER NUMBER: 2.13.102

Dear Sir or Madam:

On May 17, 2012, the National Marine Fisheries Service (NMFS) issued Reference 1, a consultation letter, which concluded that the continued operation of the Pilgrim Nuclear Power Station (Pilgrim) under the terms of a renewed license is not likely to adversely affect any listed species under NMFS jurisdiction. The letter further concluded that the continued operation of Pilgrim will have no effect on the right whale critical habitat.

Reference 1 further stated, erroneously, that:

"As a condition of their existing license, Entergy must report to NRC any observations of listed species."

There are no current conditions of the Pilgrim Operating License that require reporting of such observations. Pilgrim continues to conduct environmental monitoring under its National Pollutant Discharge Elimination System (NPDES) permit, which includes impingement and entrainment monitoring. Although the current scope of monitoring does not specifically address listed species, Pilgrim recognizes the appropriateness of promptly reporting to NMFS any observed incidental taking of an endangered marine species. Any such report would then be

PNPS Letter 2.13.102 Page 12 reported to NRC in accordance with 10 CFR 50.72(b)(2)(xi), News Release or Notification of Other Government Agency.

In Reference 2, NMFS recognized the erroneous statement in its consultation letter and requested that the NRC require the reporting of observations of listed species. Pilgrim is not aware of any basis for imposing such a requirement. There is no indication of any incidental taking of an endangered species having resulted from Pilgrim's operation over the last forty years. Further, both NMFS and NRC have determined that any impact on an endangered species is unlikely.

Nevertheless, Pilgrim will be supplementing the plant's environmental monitoring to include reporting of any confirmed sightings of listed whales in the vicinity of Pilgrim Station. This would combine an opportunistic whale sighting by qualified individuals at the site with assistance from an outside organization with expertise in the identification of whale species. A representative description of this protocol, which is currently being proceduralized, is provided as Attachment 1.

This letter contains one new regulatory commitment, which is identified in Attachment 2 to this letter.

Please do not hesitate to contact Mr. Joseph R. Lynch, (508) 830-8403, if there are any questions regarding this submittal.

Sincerely, David N es Director, Regulatory and Performance Improvement Attachment 1: Representative Description of Whale Sighting Protocol Attachment 2: Pilgrim Nuclear Power Station List of Regulatory Commitments.

PNPS Letter 2.13.102 Page I 3 cc: Mr. William M. Dean Ms. Nadiyah S. Morgan, Project Manager Regional Administrator, Region 1 Division of Operating Reactor Licensing U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation 2100 Renaissance Blvd., Suite 100 U.S. Nuclear Regulatory Commission King of Prussia, PA 19406-2713 Mail Stop O-8-F2 11555 Rockville Pike Rockville, MD. 20852 USNRC Senior Resident Inspector Pilgrim Nuclear Power Station

ATTACHMENT 1 PNPS Letter 2.13.102 Pilgrim Nuclear Power Station (PNPS)

REPRESENTATIVE DESCRIPTION OF WHALE SIGHTING PROTOCOL

Pilgrim Station "Whale Sighting Protocol" 12/31/2013 Security Officer or other qualified employee Initial Whale Sighting- determines that there is a whale sighting in the Notify Control Room. I vicinity of Pilgrim Station. Control Room is contacted immediately.

Control Room then calls cognizant Entergy Control Room contacts individual to permit Whale Expert's access to cognizant Entergy the site.

individual.

Whale Expert contacted Entergy initiates immediate verbal contact with Whale Expert and arranges for priority site visit.

to prompt site visit.

Whale Expert visitor escorted to the shorefront Whale Expert escorted for whale observation.

into OCA to confirm This independent confirmation of the whale whale sighting. observation is critical.

If possible, Whale Expert identifies the species If possible, Whale Expert of whale(s). Determination then made whether then identifies the or not species is "Listed" (if on list of whale(s) and determines Endangered or Threatened species).

if species is "Listed".

Control Room is promptly informed of whether or Whale Expert informs not whale(s) could be identified and, if so, Control Room whether whether species is "Listed". If whale is found to sighting was of "Listed be a "Listed" species then this observation must Whale" or not. be reported to NRC and NMFS (National Marine Fisheries Service).

If this whale sighting is determined to be Ifreportable, Control reportable then Operations completes a 4-hour Room notifies NRC. notification to NRC per 10CFR50.72(b)(2)(xi).

Whale Expert reports sighting of "Listed Whale" If reportable, Whale to NMFS.

Expert notifies NMFS of "Listed Whale" sighting.

Pertinent information and actions are Follow up actions and documented in a condition report. Any documentation appropriate internal notifications and actions are performed. performed. Site maintains surveillance.

ATTACHMENT 2 PNPS Letter 2.13.102 Pilgrim Nuclear Power Station (PNPS)

LIST OF REGULATORY COMMITMENTS

List of Regulatory Commitments The following table identifies those actions committed to by Entergy in this document. Any other statements in this submittal are provided for information purposes and are not considered to be regulatory commitments.

/i .. .. ~ TYP*E TPek OSCHEDULED S(Check One) COMPLETION DATE COMMITMENT ONE- CONTINUING TIME COMPLIANCE (If Required)

A.TION ACTION Entergy commits to supplement its existing March 1, 2014 environmental monitoring program to include any potential whale sightings in the vicinity of Pilgrim Station.