ML12102A238

Memo Conclusion of Informal Section 7 Consultation with U.S. Fish and Wildlife Service for Columbia Generating Station and Section 7 Consultation Report

ML12102A238
Person / Time
Site:	Columbia
Issue date:	06/13/2012
From:	Balsam B, Logan D NRC/NRR/DLR/RERGUB
To:	Susco J NRC/NRR/DLR/RERGUB
Balsam B, 415-1042
References
Download: ML12102A238 (103)

Text

June 13, 2012 MEMORANDUM TO: Jeremy J. Susco, Acting Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation

FROM: Briana Balsam, Biologist /RA/ Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Dennis Logan, Aquatic Ecologist /RA B. Balsam for/

Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation

SUBJECT:

CONCLUSION OF INFORMAL SECTION 7 CONSULTATION WITH U.S. FISH AND WILDLIFE SERVICE FOR COLUMBIA GENERATING STATION AND SECTION 7 CONSULTATION REPORT

The U.S. Nuclear Regulatory Commission (NRC) has fulfilled its obligations under section 7 of the Endangered Species Act of 1973, as amended (ESA) for species under the U.S. Fish and Wildlife's (FWS) jurisdiction for the proposed license renewal of Columbia Generating Station. The enclosed FWS Section 7 Consultation Report summarizes the consultation and includes the staff's biological assessment and all relevant correspondence between the NRC and FWS pursuant to the consultation. Dennis Logan, Aquatic Biologist, and Briana Balsam, Biologist, were the main points of contact for this consultation.

Docket No. 50-397

Enclosure:

As stated CONTACT: Dennis Logan, NRR/DLR Brian Balsam, NRR/DLR 301-415-0490 301-415-1042

ML12102A238 OFFICE RERB:DLRLA:RPB2:DLR OGC (NLO) RERB:DLR RERB: DLR NAME BBalsam IKing LSubin BBalsam DLogan (BBalsam for) DATE 4/18/12 4/18/12 5/8/12 6/13/12 6/13/12

Memo to J. Susco from B. Balsam and D. Logan dated June 13, 2012

SUBJECT:

CONCLUSION OF INFORMAL SECTION 7 CONSULTATION WITH U.S. FISH AND WILDLIFE SERVICE FOR COLUMBIA GENERATING STATION AND SECTION 7 CONSULTATION REPORT DISTRIBUTION

HARD COPY: E-MAIL: PUBLIC RidsNrrDlr Resource JSusco BBalsam DLogan PCooper LSubin

FWS Section 7 Consultation Report

Columbia Generating Station License Renewal June 2012 Docket Number 50-397

U.S. Nuclear Regulatory Commission Rockville, Maryland Prepared by:

Briana Balsam Division of License Renewal Office of Nuclear Reactor Regulation

1 FWS Section 7 Consultation Report for Columbia Generating Station License Renewal Introduction Section 7(a)(2) of the Endangered Species Act of 1973, as amended (ESA) directs Federal agencies to consult with the U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS), as appropriate, to ensure that any action that the agency authorizes, funds, or carries out does not jeopardize the continued existence of any endangered or threatened species or cause adverse modification to designated critical habitat. This report summarizes the U.S. Nuclear Regulatory Commission's (NRC; the staff) efforts to comply with section 7 of the ESA, during the staff's review of Energy Northwest's license renewal application for Columbia Generating Station (CGS), located in the town of Benton County, Washington. Section 7 Consultation Summary In a letter dated January 20, 2010, Energy Northwest submitted an application to the NRC to issue a renewed operating license for CGS that, if granted, would allow the facility to operate for an additional 20-year period beyond the initial 40-year licensing term. The current licensing term ends on December 20, 2023. As part of the NRC's environmental review for the proposed license renewal, the NRC staff coordinated with the NMFS to determine potential adverse impacts to species and habitats protected under the ESA. The staff also performed a concurrent assessment of potential impacts all environmental resources, which is documented in NUREG-1437, Supplement 47, the NRC's supplemental environmental impact statement (SEIS) for CGS license renewal, which the NRC prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA). During its review, the staff concluded that the proposed license renewal may affect, but is not likely to adversely affect the bull trout (Salvelinus confluentus) and would have no effect on any other Federally listed species under FWS's jurisdiction. The FWS concurred with this determination on October 5, 2011. Species and Habitats Considered The table on the following page identifies the three Federally listed species under FWS's jurisdiction that occur or have the potential to occur in the vicinity of CGS and that NRC considered during its environmental review of the license renewal application. The biological assessment also considers designated critical habitat for the bull trout. The NRC did not identify any proposed species or proposed critical habitat that would be affected by the proposed license renewal. In addition to listed species, the SEIS considers three species that are candidates for Federal listing. These species appear in the following table, but were not included in the biological assessment.

2 Table 1. Federally Listed Species Considered Under FWS's Jurisdiction Species Federal Status (a) ESA Effect Determination pygmy rabbit (Brachylagus idahoensis) E no effect greater sage grouse (Centrocercus urophasianus) C no effect yellow-billed cuckoo (Coccyzus americanus) C no effect Ute ladies'-tresses (Spiranthes diluvialis) T no effect Umtanum desert buckwheat (Eriogonum codium) C no effect bull trout (Salvelinus confluentus) T may affect, but not likely to adversely affect (a) C=candidate; E=endangered; T=threatened Consultation History The NRC staff initiated informal section 7 consultation with the FWS on March 22, 2010, when the NRC sent a letter requesting information on Federally listed endangered or threatened, proposed, and candidate species, as well as any designated critical habitat that may be in the vicinity of CGS and its associated transmission line rights-of-way. The NRC followed up on this request via e-mail on November 5, 2010. The FWS responded in an e-mail dated November 8, 2010, and identified a single aquatic species-the bull trout-under its jurisdiction that is Federally listed as threatened and has been reported in the Hanford Reach in the vicinity of the CGS facility. Further, the FWS indicated that proposed critical habitat for the bull trout occurred within the action area. Because the NRC did not prepare its biological assessment within the 180-day timeframe specified at Title 50 of the Code of Federal Regulations (50 CFR) 402.12(i), the NRC confirmed the accuracy of the species list in an e-mail to FWS on June 15, 2011. The FWS responded on June 16, 2011, confirming that the bull trout was the only listed species in the area under the NRC's review and that the FWS had designated bull trout critical habitat, which had been proposed at the time of the NRC and FWS's last correspondence. NRC prepared a biological assessment, in which the staff concluded that the proposed CGS license renewal would have no effect on the bull trout or its critical habitat. The NRC forwarded its biological assessment to FWS in a letter dated August 23, 2011. After discussing the biological assessment with FWS staff, the NRC revised its effect determination regarding bull trout to "may affect, but not likely to adversely affect" the species in an e-mail dated September 28, 2011. The FWS concurred with this determination in a letter dated October 5, 2011. This letter concluded informal section 7 consultation. Thus, the NRC has fulfilled its obligations under the ESA for the proposed CGS license renewal.

3 Relevant Correspondence The table below lists all relevant letters, e-mails, and other correspondence related to the NRC's informal section 7 consultation with FWS for the proposed CGS license renewal. Copies of each item appear chronologically in Appendix A. March 22, 2010 Letter from B. Pham, RPB1 Chief, NRC, to R. Thorson, Pacific Regional Director, FWS.

Subject:

Request for list of protected species within the area under evaluation for the Columbia Generating Station license renewal application. ML100710046. November 5, 2010 E-mail from D. Doyle, Project Manager, NRC, to G. Kurz, Fish and Wildlife Biologist, FWS.

Subject:

NRC - Columbia Generating Station license renewal. ML103120452. November 8, 2010 E-mail from G. Kurz, Fish and Wildlife Biologist, FWS, to D. Doyle, Project Manager, NRC.

Subject:

Re: NRC - Columbia Generating Station license renewal. ML103120486. June 15, 2011 E-mail from D. Doyle, Project Manager, NRC, to G. Kurz, Fish and Wildlife Biologist, FWS.

Subject:

Re: NRC - Columbia Generating Station license renewal. ML111662229. June 16, 2011 E-mail from G. Kurz, Fish and Wildlife Biologist, FWS, to D. Doyle, Project Manager, NRC.

Subject:

Re: NRC - Columbia Generating Station license renewal. ML111680221. August 23, 2011 Letter from D. Wrona, RPB2 Chief, NRC, to R. Thorson, Pacific Regional Director, FWS.

Subject:

Biological assessment for informal section 7 consultation related to the license renewal of Columbia Generating Station. ML11161A003. August 23, 2011 Biological Assessment and Essential Fish Habitat Assessment for Columbia Generating Station License Renewal. Appendix D-1 to NUREG-1437, Supplement 47. ML11227A007. September 28, 2011 E-mail from D. Logan, Aquatic Ecologist, NRC, to L. Gauthier, FWS.

Subject:

Revised biological assessment conclusion for bull trout in Columbia Generating Station section 7 consultation with FWS. ADAMS No. ML11272A066. October 5, 2011 Letter from K.S. Berg, Washington Fish and Wildlife Office Manager, FWS, to D. Wrona, PRB2 Chief, NRC.

Subject:

Concurrence with the NRC's biological assessment for Columbia Generating Station license renewal. ADAMS No. ML11291A157.

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APPENDIX A SECTION 7 CONSULTA TION CORRESPONDENCE A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14 A-15 A-16 A-17 A-18 A-19 A-20 A-21 A-22 A-23 A-24 A-25 A-26 A-27 A-28 A-29 A-30 A-31 A-32 A-33 A-34 A-35 A-36 A-37 A-38 A-39 A-40 A-41 A-42 A-43 A-44 A-45 A-46 A-47 A-48 A-49 A-50 A-51 A-52 A-53 A-54 A-55 A-56 A-57 A-58 A-59 A-60 A-61 A-62 A-63 A-64 A-65 A-66 A-67 A-68 A-69 A-70 A-71 A-72 A-73 A-74 A-75 A-76 A-77 A-78 A-79 A-80 A-81 A-82 A-83 A-84 A-85 A-86 A-87 A-88 A-89 A-90 A-91 A-92 A-93 A-94 A-95