ML13255A113

Memo from J. Susco, NRR to B. Holian, NRR and M. Galloway, NRR on Section 7 Consultants That Extend Beyond the Nrc'S Issuance of Renewed Operating License and ESA Section 7(D) Findings

ML13255A113
Person / Time
Site:	Columbia
Issue date:	05/18/2012
From:	Susco J J Office of Nuclear Reactor Regulation
To:	Galloway M A, Holian B E Office of Nuclear Reactor Regulation
References
FOIA/PA-2013-0265
Download: ML13255A113 (2)

Text

May 18, 2012MEMORANDUM TO: Brian E. Holian, DirectorDivision of License RenewalOffice of Nuclear Reactor Regulation Melanie A. Galloway, Deputy DirectorDivision of License RenewalOffice of Nuclear Reactor Regulation FROM: Jeremy J. Susco, Acting Chief IRA!Environmental Review andGuidance Update BranchDivision of License RenewalOffice of Nuclear Reactor Regulation

SUBJECT:

SECTION 7 CONSULTATIONS THAT EXTEND BEYOND THENRC'S ISSUANCE OF A RENEWED OPERATING LICENSE AND ESASECTION 7(D) FINDINGSDuring 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 as evidenced by the Services' continuation of the consultation process without objection.

Thus, the staff doesnot anticipate that issuing a renewed license in the future would affect any ongoing section 7consultations.

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 result in changes at a nuclear power plant that would affect the NRC's ability andauthority to implement such modifications or mitigation measures.

Put another way, the NRCstaff has reviewed the potential for the proposed license renewal to constitute (as is stated in50 CFR 402.09) an irreversible or irretrievable commitment of resources that would foreclose the formulation or implementation of reasonable and prudent alternatives (i.e., mitigation measures to avoid impacts to Federally listed species and designated critical habitat).

The staffconcludes that license renewal would not constitute such a commitment of resources and wouldnot prevent the NRC or a license renewal applicant from implementing mitigation measures atsome future point in time.1 To date, section 7 consultation has extended beyond the renewed license issuance date for Wolf Creek Generating

Station, Unit 1 (completed 4/2/2012);

James A. Fitzpatrick Nuclear Power Plant (completed 10/21/2008);

Salem Generating

Station, Units 1 and 2 (ongoing);

and Hope CreekGenerating

Station, Unit 1 (ongoing).

cb(66 pMay 18, 2012MEMORANDUM TO: Brian E. Holian, DirectorDivision of License RenewalOffice of Nuclear Reactor Regulation Melanie A. Galloway, Deputy DirectorDivision of License RenewalOffice of Nuclear Reactor Regulation FROM: Jeremy J. Susco, Acting Chief IRA!Environmental Review andGuidance Update BranchDivision of License RenewalOffice of Nuclear Reactor Regulation

SUBJECT:

SECTION 7 CONSULTATIONS THAT EXTEND BEYOND THENRC'S ISSUANCE OF A RENEWED OPERATING LICENSE AND ESASECTION 7(D) FINDINGSDuring 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 as evidenced by the Services' continuation of the consultation process without objection.

Thus, the staff doesnot anticipate that issuing a renewed license in the future would affect any ongoing section 7consultations.

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 result in changes at a nuclear power plant that would affect the NRC's ability andauthority to implement such modifications or mitigation measures.

Put another way, the NRCstaff has reviewed the potential for the proposed license renewal to constitute (as is stated in50 CFR 402.09) an irreversible or irretrievable commitment of resources that would foreclose the formulation or implementation of reasonable and prudent alternatives (i.e., mitigation measures to avoid impacts to Federally listed species and designated critical habitat).

The staffconcludes that license renewal would not constitute such a commitment of resources and wouldnot prevent the NRC or a license renewal applicant from implementing mitigation measures atsome future point in time.DISTRIBUTION:

NON-PUBLIC DLogan LSubinRidsNrrDIr Resource DWrona MSpencerRidsNrrDIrRerb Resource JSusco EWilliamson RidsOgc Resource MSmith STurk-- JLindell MGalloway BBalsam SUttal BHolianADAMS Accession No: ML12139A115

_ _\ POFFICE GS:RERB:DLR AB:RERB:DLR OGC (NLO) BC:RERB:DLR NAME BBalsam DLogan EWilliamson JSuscoDATE 5/18/12 5/18/12 5/18/12 5/18/12OFFICIAL RECORD COPY