ML13196A210
| ML13196A210 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 05/10/2012 |
| From: | Logan D T Division of License Renewal |
| To: | Balsam B A Division of License Renewal |
| References | |
| FOIA/PA-2013-0135 | |
| Download: ML13196A210 (6) | |
Text
Craver, Patti(/,SFrom:Sent:To:
Subject:
Attachments:
Logan, DennisThursday, May 102O124:36 PMBalsam, BrianaRE: Pilgrim memo to filePilgrim memo 1012-05-10 2.docxBriana: The attached file has additional edits. Have a good weekend.
-DennisFrom: Balsam, Briana , ,. (.Sent: Thursday, May 10, 20 12 2:29 PMTo: Logan, Dennis
Subject:
RE: Pilgrim memo to fileThanks, Dennis. I will look at this.From: Logan, DennisSent: Thursday, May 10, 2012 2:04 PMTo: Balsam, Briana
Subject:
RE: Pilgrim memo to fileI am leaning toward a revised version something like this that sates just what we know and doesn't makeclaims outside of our area of expertise.
Turn on "track changes" to see edits.From: Balsam, BrianaSent: Thursday, May 10, 2012 11:04 AMTo: Logan, Dennis
Subject:
Pilgrim memo to fileDennis,Do you have time today to look at the Pilgrim memo to file from ADAMS and concur via email today? I just gotit back from Sylvia, and ideally, we want it out by the end of the week.The ADAMS No. is ML12129A248.
It's only 2 pages of text, so hopefully it won't take too much time!Thanks,Bdana1b 131 MEMORANDUM 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 ChiefEnvironmental Review andGuidance Update BranchDivision of License RenewalOffice of Nuclear Reactor Regulation
SUBJECT:
NRC STAFF'S CONCLUSIONS REGARDING IRREVERSIBLE ANDIRRETRIEVABLE COMMITMENT OF RESOURCES FROM THEPROPOSED PILGRIM NUCLEAR POWER STATION LICENSERENEWALIn response to inquiries from Bruce Boger, Deputy Director for Reactor Safety Programs, Officeof Nuclear Reactor Regulation, and Melanie Galloway, Acting Director, Division of LicenseRenewal, this memorandum provides documentation of the U.S. Nuclear Regulatory Commission (NRC) staffs position on irreversible and irretrievable commitment of resources that would result from the proposed Pilgrim Nuclear Power Station (Pilgrim) license renewal as itpertains to the Endangered Species Act of 1973, as amended (ESA), and species and habitatsprotected there under.Section 7(d) of the ESA states:"After initiation of consultation required under subsection (a)(2), the Federalagency and the permit or license applicant shall not make any irreversible orirretrievable commitment of resources with respect to the agency action whichhas the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures which would not violate subsection (a)(2)."Similarly, the ESA regulations at 50 CFR 402.09 state that:"After initiation or reinitiation of consultation required under section 7(a)(2) of theAct, the Federal agency and any applicant shall make no irreversible orirretrievable commitment of resources with respect to the agency action with hasthe effect of foreclosing the formulation or implementation of any reasonable andprudent alternatives which would avoid violating section 7(a)(2).
This prohibition is in force during the consultation process and continues Qntil the requirements ofsection 7(a)(2) are satisfied."
B. Holian-2-The NRC staff has reviewed the potential for the proposed license renewal to constitute anirreversible or irretrievable commitment of resources that would foreclose the formulation orimplementation of reasonable and prudent alternatives (i.e., mitigation measures to avoidimpacts to Federally listed species and designated critical habitat),
and the staff concludes thatthe proposed action would not constitute such a commitment of resources and would notprevent the NRC from implementing mitigation measures at some future point in time.During its National Environmental Policy Act (NEPA) review, the NRC staff considered potential irreversible or irretrievable commitments of resources that would result from the proposedPilgrim license renewal in Chapter 9 of NUREG-1437, Supplement 29, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Pilgrim Nuclear PowerStation" (ML072060320).
Beca ....r.n.Win the Pilgrim*
licen.e would Rot reult In any new.contructin, majo plant moedifclations, Or changes in cffluonts, the license renewal will notcause any imApactS to the envieronment that would foeGlooe formulaItion OrFmlmetto ofreaGonable and prudent alternatives to mitigate adverse impacts to Foderally listed Speisodesignated critical habitat.
TherefGFe, tThe staff did not identify any irreversible or irretrievable commitments of resources that would affect Federally listed species or designated habitat underthe NMFS's jurisdiction in this document.
The NRC staff also did not identify any impacts to Federally listed species or designated criticalhabitats under the NMFS's jurisdiction during its review under the ESA. The NRC staffconcluded that the proposed license renewal would have "no effect" on Federally listed speciesor designated critical
- habitats, and the staff documented these conclusions in biological assessments dated December 2006 and February 2012 (ML063260173 and ML12047A1 19,respectively).
Under the assumption of "no effect,"T-hu, issuing a renewed license for Pilgrimwould not result in any impacts to Federally listed species or designated critical habitats thatwould foreclose the implementation of reasonable and prudent alternatives to avoid violating section 7(a)(2) of the ESA.NMFS, hHowever, in its March 26, 2012, letter to the NRC (ML1 2087A025),-NM$FS indicated that it is unable to concur with the NRC's "no effect" determination for species under itsjurisdiction, but that based on its initial review, the NMFS anticipates concluding that theproposed license renewal "may affect, but is not likely to adversely affect" listed species.
In thepast, whereeve8Rha4 NMFS recommendedr-.ay mitigation measures or reasonable andprudent alternatives at a fUture as a result of the GlgOing section 7 consultation, the NRChasretains the authority to modifiedy someEnte...y'-
rFencwd operating licensees, fe a;iit.. toensure compliance with a;y-mitigation measures or alternatives recommended by NMFS.In the past. sSuch modifications have resultedrould-reeult from a voluntary request for a licenseamendment from the licensee,-E-lteigy.
As an example, Florida Power & Light Co. (FPL)submitted such a request for the St. Lucie Plant, Units 1 and 2, on January 25, 2002(ML020290224),
following NMFS's May 4, 2001, biological opinion (ML01 1430173) andsubsequent clarification to the biological opinion dated October 24, 2001 (ML013020208).
Thelicense amendment request included modifications to Appendix B of the facility's operating licenses to incorporate the incidental take statement as a condition of FPL's operating licenses.
NRC granted FPL's license amendment request on August 8, 2002 (ML021700271).
In thiscase, the license amendment ensured that the continued operation of St. Lucie did not have theeffect of foreclosing the formulation or implementation of any reasonable and prudentalternatives which would avoid violating section 7(a)(2).
Other options may be available to B. Holian NRC.lf Entergy did not seek a licen.e amendment, the NRC cn an order modifying the conditions, of the Frnewed Iiccncse (10 CFR 2.202).In conclusion, the NRC staff has determined that )-the proposed license renewal would have"no effect" on Federally listed species or designated critical habitats and ; (2) the pr.po,. Cdaetieof-would not constitute an irreversible or irretrievable commitment of resources that wouldforeclose the implementation of reasonable and prudent alternatives to mitigate effects toFederally listed species or designated critical habitats (in the case that such effects had beenidentified).
NMFS disagree with the "no effect" finding,
- however, and we remain in consultation.
NRC has in the past the authe4y Wimplemented mitigation measures orreasonable and prudent alternatives where at a future date if the NRC and NMFS throughsection 7 consultation have determineds that the project may adversely affect any Federally listed species or designated critical habitat under 4t j-sdi+tir.
Docket No. 50-293 B. Holian-3-In conclusion, the NRC staff has determined that (1) the proposed license renewal would have"no effect" on Federally listed species or designated critical habitats; (2) the proposed actionwould not constitute an irreversible or irretrievable commitment of resources that wouldforeclose the implementation of reasonable and prudent alternatives to mitigate effects toFederally listed species or designated critical habitats (in the case that such effects had beenidentified);
and (3) the NRC has the authority to implement mitigation measures or reasonable and prudent alternatives at a future date if NMFS determines that the project may adversely affect any Federally listed species or designated critical habitat under its jurisdiction.
Docket No. 50-293DISTRIBUTION:
NON-PUBLIC RidsNrrDIr ResourceRidsNrrDIrRerb ResourceRidsOgc ResourceBBalsamDLoganDWronaJSuscoLWoodallMGalloway MSmithNFerrerSUttalADAMS Accession No: ML12129A248 OFFICE RERB:DLR RERB:DLR OGC BC:RERB:DLR NAME BBalsam DLogan MSmith JSuscoDATEOFFICIAL RECORD COPY Craver, PattiFrom: Logan, DennisSent: Thursday, May 10, 2012 1:50 PMTo: Balsam, Briana
Subject:
RE: Pilgrim memo to fileAlso, I am having trouble with the conclusion that"the NRC has the authority to implement mitigation measures or reasonable and prudent alternatives at afuture date if NMFS determines that the project may adversely affect any Federally listed species ordesignated critical habitat under its jurisdiction."
This is a legal conclusion that, frankly, I do not believe we are qualified to make.From; Balsam, BrianaSent: Thursday, May 10, 2012 11:04 AMTo: Logan, Dennis
Subject:
Pilgrim memo to fileDennis,Do you have time today to look at the Pilgrim memo to file from ADAMS and concur via email today? I just gotit back from Sylvia, and ideally, we want it out by the end of the week.The ADAMS No. is ML12129A248.
It's only 2 pages of text, so hopefully it won't take too much time!Thanks,BrianaI