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 Office of Nuclear Reactor Regulation
To:	Matthew Smith, Subin L NRC/OGC
References
FOIA/PA-2013-0265
Download: ML13255A112 (3)

Text

From: Balsam. Briana I To: Subin. Lloyd; Smith. Maxwell Cc: Susco. Jeremy Logan. Dennis

Subject:

Section 7 memo Date: Thursday, May 17, 2012 5:09:00 PM Attachments:

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 would like to get this finalized early tomorrow, so if you can take a quick look over it and concur/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 to Columbia, Pilgrim, and all future license renewals.

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

SUBJECT:

Brian E. Holian, Director Division of License Renewal Office of Nuclear Reactor Regulation Melanie A. Galloway, Deputy Director Division of License Renewal Office of Nuclear Reactor Regulation Jeremy J. Susco, Acting Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation SECTION 7 CONSULTATIONS THAT EXTEND BEYOND THE NRC'S ISSUANCE OF A RENEWED OPERATING LICENSE During the NRC staffs review of a license renewal application, the NRC coordinates with the U.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 Species Act 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 is appropriate.

In several instances, section 7 consultation initiated during the review of a particular license renewal application has extended beyond the date that the NRC issued a renewed operating license for that facility.1 In each of these cases, the NRC's issuance of a renewed license has not affected the staffs participation in the section 7 consultation process or the ability of the Services to make effect determinations and conclude consultation.

Thus, the staff does not anticipate that issuing a renewed license in the future would affect any ongoing 1 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 Creek Generating Station, Unit 1.

section 7 consultations.

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

NON-PUBLIC RidsNrrDIr Resource RidsNrrDIrRerb Resource RidsOgc Resource BBalsam DLogan DWrona JSusco MSmith JLindell SUttal LSubin MSpencer EWilliams STurk MGalloway BHolian ADAMS Accession No: MLxxxxxxxxx OFFICE RERB:DLR RERB:DLR OGC OGC BC:RERB:DLR NAME BBalsam DLogan LSubin MSmith JSusco DATE OFFICIAL RECORD COPY