ML14007A141

Pilgrim, 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 E Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
2.13.102
Download: ML14007A141 (7)

Text

SEn tergyEntergy Nuclear Operations, Inc.600 Rocky Hill RoadPlymouth, MA 02360Pilgrim Nuclear Power StationDecember 31, 2013U.S. Nuclear Regulatory Commission Attn: Document Control DeskWashington, D.C. 20555

REFERENCES:

Entergy Nuclear Operations, Inc.Pilgrim Nuclear Power StationDocket No.: 50-293License No.: DPR-351. Letter, D. S. Morris, United States Department of Commerce, NationalOceanic and Atmospheric Administration, National Marine Fisheries

Service, to A. S. Imboden, Chief, Environmental Review and GuidanceUpdate Branch, U.S. Nuclear Regulatory Commission, Pilgrim NuclearPower Station, May 17, 2012.2. Letter, J. K. Bullard, United States Department of Commerce, NationalOceanic and Atmospheric Administration, National Marine Fisheries

Service, to A. Hull, Acting Chief, Environmental Review and GuidanceUpdate Branch, U.S. Nuclear Regulatory Commission, Pilgrim NuclearPower 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, aconsultation letter, which concluded that the continued operation of the Pilgrim Nuclear PowerStation (Pilgrim) under the terms of a renewed license is not likely to adversely affect any listedspecies under NMFS jurisdiction.

The letter further concluded that the continued operation ofPilgrim 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 listedspecies."

There are no current conditions of the Pilgrim Operating License that require reporting of suchobservations.

Pilgrim continues to conduct environmental monitoring under its NationalPollutant Discharge Elimination System (NPDES) permit, which includes impingement andentrainment monitoring.

Although the current scope of monitoring does not specifically addresslisted species, Pilgrim recognizes the appropriateness of promptly reporting to NMFS anyobserved incidental taking of an endangered marine species.

Any such report would then be PNPS Letter 2.13.102Page 12reported to NRC in accordance with 10 CFR 50.72(b)(2)(xi),

News Release or Notification ofOther Government Agency.In Reference 2, NMFS recognized the erroneous statement in its consultation letter andrequested that the NRC require the reporting of observations of listed species.

Pilgrim is notaware 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 fortyyears. 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 includereporting of any confirmed sightings of listed whales in the vicinity of Pilgrim Station.

This wouldcombine an opportunistic whale sighting by qualified individuals at the site with assistance froman 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 thisletter.Please do not hesitate to contact Mr. Joseph R. Lynch, (508) 830-8403, if there are anyquestions regarding this submittal.

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

PNPS Letter 2.13.102Page I 3cc: Mr. William M. DeanRegional Administrator, Region 1U.S. Nuclear Regulatory Commission 2100 Renaissance Blvd., Suite 100King of Prussia, PA 19406-2713 Ms. Nadiyah S. Morgan, Project ManagerDivision of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop O-8-F211555 Rockville PikeRockville, MD. 20852USNRC Senior Resident Inspector Pilgrim Nuclear Power Station ATTACHMENT 1PNPS Letter 2.13.102Pilgrim Nuclear Power Station (PNPS)REPRESENTATIVE DESCRIPTION OF WHALE SIGHTING PROTOCOL Pilgrim Station"Whale Sighting Protocol" 12/31/2013 Initial Whale Sighting-Notify Control Room. IControl Room contactscognizant Entergyindividual.

Whale Expert contacted to prompt site visit.Whale Expert escortedinto OCA to confirmwhale sighting.

If possible, Whale Expertthen identifies thewhale(s) and determines if species is "Listed".

Security Officer or other qualified employeedetermines that there is a whale sighting in thevicinity of Pilgrim Station.

Control Room iscontacted immediately.

Control Room then calls cognizant Entergyindividual to permit Whale Expert's access tothe site.Entergy initiates immediate verbal contact withWhale Expert and arranges for priority site visit.Whale Expert visitor escorted to the shorefront for whale observation.

This independent confirmation of the whaleobservation is critical.

If possible, Whale Expert identifies the speciesof whale(s).

Determination then made whetheror not species is "Listed" (if on list ofEndangered or Threatened species).

Control Room is promptly informed of whether ornot whale(s) could be identified and, if so,whether species is "Listed".

If whale is found tobe a "Listed" species then this observation mustbe reported to NRC and NMFS (National MarineFisheries Service).

If this whale sighting is determined to bereportable then Operations completes a 4-hournotification to NRC per 10CFR50.72(b)(2)(xi).

Whale Expert reports sighting of "Listed Whale"to NMFS.Pertinent information and actions aredocumented in a condition report. Anyappropriate internal notifications and actions areperformed.

Site maintains surveillance.

Whale Expert informsControl Room whethersighting was of "ListedWhale" or not.If reportable, ControlRoom notifies NRC.If reportable, WhaleExpert notifies NMFS of"Listed Whale" sighting.

Follow up actions anddocumentation performed.

ATTACHMENT 2PNPS Letter 2.13.102Pilgrim 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 .. .. ~ .. , .TPek OSCHEDULED S(Check One) COMPLETION DATECOMMITMENT ONE- CONTINUING TIMEA.TION COMPLIANCE (If Required)

ACTIONEntergy commits to supplement its existing March 1, 2014environmental monitoring program to includeany potential whale sightings in the vicinity ofPilgrim Station.