ML22061A215

Summary of Teleconference with the National Marine Fisheries Services on Endangered Species Act Consultation for SONGS, Units 2 and 3 Decommissioning

ML22061A215
Person / Time
Site:	San Onofre
Issue date:	03/08/2022
From:	Amy Snyder Reactor Decommissioning Branch
To:
Snyder A
References
Download: ML22061A215 (4)

Text

March 8, 2022 LICENSEE: Southern California Edison FACILITY: San Onofre Nuclear Generating Station, Units 2 and 3

SUMMARY

OF JANUARY 6, 2022, TELECONFERENCE WITH THE NATIONAL MARINE FISHERIES SERVICES ON ENDANGERED SPECIES ACT CONSULTATION FOR THE SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 2 AND 3, DECOMMISSIONING The U.S. Nuclear Regulatory Commission (NRC) and the National Marine Fisheries Service (NMFS) are in consultation under the provisions of Section 7 of the Endangered Species Act of 1973, as amended (ESA), concerning the decommissioning of San Onofre Nuclear Generating Station, Units 2 and 3 (SONGS), in San Clemente, California. Under Section 7 of the ESA, Federal agencies must consult with the NMFS on activities that may affect ESA-listed species or designated critical habitat. ESA consultation is designed to help Federal agencies fulfill their duty to ensure that their actions do not jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat. The NMFS implements the ESA for most marine and anadromous species.

The ESA Section 7 regulation at Title 50 of the Code of Federal Regulations (50 CFR)

Section 402.16 requires Federal agencies to reinitiate consultation where discretionary Federal involvement or control over the action has been retained or is authorized by law and if, among other things, the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion or written concurrence. Consistent with this regulation, the NRC requested to reinitiate consultation with the NMFS on September 30, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21242A057), as supplemented on December 6, 2021 (ADAMS Accession No. ML21280A104), because the activities associated with the shutdown and decommissioning of SONGS were not considered in the NMFSs September 18, 2006, biological opinion for the continued operation of SONGS (ADAMS Accession No. ML063000348). Additionally, in itsSection III, Description of the Proposed Action, that biological opinion provides that it is only valid through 2022.

The NRC, the NMFS, and Southern California Edison (SCE), the SONGS licensee, held a teleconference on January 6, 2022, pursuant to the reinitiated consultation.

The purposes of the teleconference were as follows:

1) to review the status and schedule of the reinitiated consultation following the NMFSs review of the NRCs December 6, 2021, supplemental information;

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2) to provide SCE with an opportunity to communicate its perspectives concerning the potential for incidental take of sea turtles during the decommissioning period; and

3) to address questions that SCE might have regarding the ESA consultation process and biological opinion compliance.

Meeting Attendees:

NRC NMFS Briana Arlene Mori Chiharu Amy Snyder Dan Lawson Lance Rakovan SCE and its Contractors Al Bates, SCE Angela Clark, AECOM Mark Morgan, SCE Steven Mannon, AECOM Ronald Pontes, SCE B.W. Couture, EnergySolutions Brian Metz, SCE Corrine Lytle-Bonine, Chambers Group, Inc.

Heather Neely, SCE The teleconference was led by Ms. Briana Arlene of the NRCs Office of Nuclear Material Safety and Safeguards, Environmental Review License Renewal Branch. She is the NRC contact between the NRC and the NMFS and the author of the NRCs biological assessment (ADAMS Accession Nos. ML21242A057, as supplemented by ML21280A104).

The NRC facilitated meeting attendee introductions and reviewed the purposes of the teleconference. The NRC explained that it has begun dialogue with the NMFS pursuant to the NRCs request for reinitiated consultation. The NMFS is in the process of reviewing this request and its associated supplement for completeness and to determine an appropriate consultation schedule.

The NMFS summarized the ESA consultation process. The NMFS explained that if a Federal action agency determines that a proposed action may affect federally threatened or endangered marine species, the agency is required to consult with the NMFS pursuant to ESA Section 7. Some consultations are informal, involving conference calls and exchanges of emails and letters. Other consultations are formal and result in the NMFSs issuance of a biological opinion. The time needed to conduct an ESA consultation will vary depending on the complexity of the proposed action.

Informal consultations are conducted on actions that are not likely to adversely affect ESA-listed species or designated critical habitat. In these cases, the NMFS provides a letter of concurrence, and no further consultation is required. Formal consultations are conducted on actions that are likely to adversely affect listed species or designated critical habitat. These consultations must be completed within 135 days of initiation (90 days for consultation plus 45 days for coordination between the agencies) unless an extension is agreed upon by the agencies. Formal consultations result in a biological opinion, which includes the NMFSs analysis of potential effects and its determination of whether the Federal action is likely to jeopardize the continued existence of listed species or is likely to destroy or adversely modify designated critical habitat.

3 During an ESA consultation, the NMFS reviews the proposed action and its effects on listed species and designated critical habitat. The goal of consultation is to identify, avoid, and/or minimize potential harm to listed species and designated critical habitat. The biological opinion resulting from a formal consultation documents the consultation process, analyses, and the NMFSs conclusions. If a take of listed species or destruction of designated critical habitat is anticipated, the biological opinion will include an incidental take statement that establishes take limits, as well as reasonable and prudent measures and implementing terms and conditions with which the Federal action agency and/or its permittee must comply in order to avoid violating the take prohibitions set forth in ESA Section 9. During consultation, the NMFS works with the Federal action agency, in this case the NRC, to identify appropriate mitigation, monitoring, and best management practices to ensure the protection of listed species and designated critical habitat during the implementation of the proposed action. If, at the end of consultation, the NMFS finds that the action is likely to jeopardize listed species, an alternative action with fewer impacts, known as a reasonable and prudent alternative, may be required.

The NMFS explained that it is piloting a process for streamlined concurrence responses for consultation requests that meet certain criteria and for which the Federal action agency has provided thorough information in its consultation request. The review schedule for the SONGS reinitiated consultation has not yet been determined. However, the NMFS is contemplating a streamlined review.

SCE explained the decommissioning process and summarized the major in-water activities that will take place. SCE communicated that it was planning to dewater and demuck the SONGS forebay in anticipation of future demolition work. During this activity, SCE believes that workers could discover dead sea turtles that were entrained during the operational period and whose bodies have since remained in the forebay or in other intake system components due to the lack of flow through the cooling water intake system following plant shutdown. However, SCE has no data to help it determine the probability of finding such remains. SCE said that the dewatering and demucking work is planned to occur from late February 2022 through early April 2022 but that the work may take longer depending on weather and other logistical factors.

SCE said that it would report to the NMFS and the NRC if it finds sea turtle remains during this process, but it is concerned as to how such a discovery might impact the ongoing ESA consultation.

The NMFS and the NRC agreed that, if found, SCE should report the discovery of sea turtle remains to the two agencies. The agencies also agreed that it would be hard to determine a probability of such an incident since this scenario would be novel to decommissioning. The NMFS and the NRC agreed that if SCE were to find sea turtle remains after the ESA consultation was concluded, this could require the NRC to reinitiate consultation because such a discovery could constitute new information under 50 CFR 402.16(a)(2). The agencies discussed putting the reinitiated consultation on hold until SCE completes forebay dewatering and demucking or until SCE determines that there is no longer a potential to find sea turtle remains from past operations. All parties agreed that it was prudent for the consultation to be put on hold for about three months and to have a status call in early April. During that call, SCE would update the agencies on its decommissioning activities, and the NRC and the NMFS would determine a schedule for the completion of the consultation.

SCE noted that the current biological opinion expires in 2022. SCE asked the agencies about the implications of finding sea turtle remains after the effective period of the current biological opinion but before the NRC and the NMFS complete the reinitiated consultation. The NMFS stated that this would be a unique situation because any sea turtle remains that may be found

4 during the dewatering and demucking process would have been those of sea turtles entrained during the operational period. Thus, the take of those sea turtles would have occurred well in the past and under the current biological opinion. The NMFS reiterated that SCE would be required to report any such findings. SCE agreed and explained that it maintains site procedures that would require it to report such a finding. If such findings were to occur, the NMFS would review the information and coordinate with the NRC to determine the appropriate next steps. Regardless, because the NRC has reinitiated consultation with the NMFS, SCE may proceed with decommissioning activities under ESA Section 7(d).1 SCE also asked the NRC and the NMFS how it should ensure compliance with the ESA if a sea turtle take occurs during the decommissioning period, assuming that the NMFS does not issue a biological opinion with an incidental take statement at the conclusion of the current reinitiated consultation. The NMFS informed SCE that, under this scenario, SCE should report such an event to the NMFS and the NRC. The NRC would likely be required to reinitiate consultation under 50 CFR 402.16. The NMFS would then review the new information concerning the event and determine at that time whether the development of a biological opinion with an incidental take statement is appropriate.

SCE agreed to update the NRC on the progress of its dewatering and demucking activities through the NRC SONGS Decommissioning Project Manager. These updates will inform the agencies when to resume active work on the reinitiated consultation.

Please direct any inquiries to me at (301) 415-6822 or Amy.Snyder@nrc.gov.

Signed by Snyder, Amy on 03/08/22 Amy M. Snyder, Senior Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-206; 50-361; 50-362 1 Section 7(d) of the ESA limits the project activities that may proceed after the Services (i.e., the NMFS and/or the U.S. Fish and Wildlife Service) initiate or reinitiate consultation. It prohibits Federal action agencies and project owners from making any irreversible or irretrievable commitment of resources that has the effect of foreclosing the formulation or implementation of any reasonable and prudent measures deemed necessary to avoid jeopardy or adverse modification. Non-jeopardizing activities (i.e., those not expected to cause take) may, therefore, proceed during the consultation period.

Memo ML22061A215 NMSS/REFS OGC/GCHA/AGCOR OFFICE NMSS/DUWP/RDB NMSS/DUWP/RDB

/ERLRB /NLO NAME ASnyder AS BGrange BG BWatson BW JWachutka JW DATE Mar 2, 2022 Mar 3, 2022 Mar 3, 2022 Mar 8, 2022 OFFICE NMSS/DUWP/RDB NAME ASnyder AS DATE Mar 8, 2022