ML13255A112

Email from B. Balsam, NRR to L. Subin, OGC Et Al., on Section 7 Memo

ML13255A112
Person / Time
Site:	Columbia
Issue date:	05/17/2012
From:	Balsam B A Office of Nuclear Reactor Regulation
To:	Smith M C, Subin L NRC/OGC
References
FOIA/PA-2013-0265
Download: ML13255A112 (3)

Text

From: Balsam. Briana ITo: Subin. Lloyd; Smith. MaxwellCc: Susco. Jeremy Logan. Dennis

Subject:

Section 7 memoDate: Thursday, May 17, 2012 5:09:00 PMAttachments:

Memo from 3 Susco to Briana and Melanie Regarding ESA Consultations.docx Lloyd and Max,I have attached the Section 7 memo that Dennis, Jeremy, and I put together.

We wouldlike to get this finalized early tomorrow, so if you can take a quick look over it andconcur/send changes via email, that would be great.Max-right now, we are planning to do this memo to cover license renewal generically rather than issuing the Pilgrim-specific memo you looked at before so that it applies toColumbia,

Pilgrim, and all future license renewals.

I can talk to you tomorrow morningmore about it since I haven't had a chance to updated you yet.Thanks,Briana MEMORANDUM TO:FROM:

SUBJECT:

Brian E. Holian, DirectorDivision of License RenewalOffice of Nuclear Reactor Regulation Melanie A. Galloway, Deputy DirectorDivision of License RenewalOffice of Nuclear Reactor Regulation Jeremy J. Susco, Acting ChiefEnvironmental Review andGuidance Update BranchDivision of License RenewalOffice of Nuclear Reactor Regulation SECTION 7 CONSULTATIONS THAT EXTEND BEYOND THENRC'S ISSUANCE OF A RENEWED OPERATING LICENSEDuring the NRC staffs review of a license renewal application, the NRC coordinates with theU.S. Fish and Wildlife (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) to determine if any species and habitats protected under the Endangered SpeciesAct of 1973, as amended (ESA), could potentially be affected by the license renewal.

Together, the NRC and the Services determine whether consultation under section 7 of the ESA isappropriate.

In several instances, section 7 consultation initiated during the review of aparticular license renewal application has extended beyond the date that the NRC issued arenewed operating license for that facility.

1 In each of these cases, the NRC's issuance of arenewed license has not affected the staffs participation in the section 7 consultation process orthe ability of the Services to make effect determinations and conclude consultation.

Thus, thestaff does not anticipate that issuing a renewed license in the future would affect any ongoing1 To date, section 7 consultation has extended beyond the renewed license issuance date for Wolf Creek Generating

Station, Unit 1; James A. Fitzpatrick Nuclear Power Plant; Salem Generating

Station, Units 1 and 2; and Hope CreekGenerating

Station, Unit 1.

section 7 consultations.

If, as a result of consultation, the Services suggest modifications to theNRC-licensed facility or other mitigation measures that the NRC and the applicable licenseecould implement to avoid adverse effects to listed species, issuing a renewed operating licensewould not affect the NRC's authority to implement such modifications or mitigation measures.

DISTRIBUTION:

NON-PUBLIC RidsNrrDIr ResourceRidsNrrDIrRerb ResourceRidsOgc ResourceBBalsamDLoganDWronaJSuscoMSmithJLindellSUttalLSubinMSpencerEWilliams STurkMGalloway BHolianADAMS Accession No: MLxxxxxxxxx OFFICE RERB:DLR RERB:DLR OGC OGC BC:RERB:DLR NAME BBalsam DLogan LSubin MSmith JSuscoDATEOFFICIAL RECORD COPY