ML19294C178
| ML19294C178 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 02/07/1980 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19294C179 | List: |
| References | |
| DD-80-04, DD-80-4, NUDOCS 8003070285 | |
| Download: ML19294C178 (5) | |
Text
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DD-80-4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION s
In the Matter of
)
PUBLIC SERVICE ELECTRIC & GAS Docket No. 50-272 COMPANY (Salem Nuclear Generating Station, Unit 1)
)
DIRECTOR'S DECISION UNDER 10 CFR 2.206 I
By petition dated October 18, 1979, Mr. and Mrs. Alfred Colenan pursuant to 10 CFR 2.206 of the Conmission's regulations requested that a show cause order be issued to Public Service Electric and Gas Company (hereinafter the
" Licensee") to suspend or revoke the operating license for Salem Nuclear Generating Station, Unit 1 and the construction permits for Salem Unit 2 and Hope Creek Generating Station, Units 1 and 2.
Notice of receipt of the Colemans' petition was published in the Federal Register, 44 FR 67253 (November 23,1979).
The basis for the Colemans' request is alleged violations by the licensee of the Endangered Species Act of 1973, as amended, I (hereinafter the "Act").
The Colemans allege: (1) the fact that two specimens of Acipenser brevirostrum, shortnose sturgeon, an endangered species designated u nder 16 U.S.C.A. 51533, were found by the Licensee on the intake trash bars and screens of the Salem Nuclear Generating Station, Unit 1, constitutes a "taking" in violation of the Endangered Species Act, and (2) the continued operation of Salem Unit 1 and the construction and future operation of Salem 2 and Hope Creek, Units 1 and 2 are actions which jeopardize the continued existence of an endangered species because
- / 16 U.S.C. 61531 e_t, sea. (1979).
t 8003070 2 85
. the "shortnose sturgeon is being impinged or is highly susceptible to impinge-ment on the Circulating Water System (CWS) traveling screens and the Service Water System (SWS) traveling screens at the Artificial Island site". Consequently, the Nuclear Regulatory Comnission should suspend or revoke the operating license for Salem Unit 1 and the construction permits of Salem Unit 2 and Hope Creek Units 1 and 2 in order to fulfill its responsibilities under the Act, i.e.,
" insure that action authorized....b'y such agency..does not jeopardize the continued existence of any endangered species or threatened species..." 16 U.S.C.A.
91536(a)(1979).
For the reasons set forth below, the request by the Colemans with regard to Salec huclear Generating Station, Unit 1 is denied. Consideratien of the request with regard to Salem Nuclear Generating Station, Unit 2 and Hope Creek Units 1 and 2 is still in progress and a decision on that request will be issued prcrnptly when sufficient infonnation concerning any possible effects of those plants on shortnose sturgeon in the Delaware River has been developed.
II Fellowing receipt of the Colemans' petition, the Comnission staff conducted informal discussions with the National Marine Fisheries Service, National Oceanic and Atmospheric Adninistration (NMFS) on the effects of c?eration of Salem Unit 1 and the construction and operation of Salem 2 and Hope Creek Units 1 and 2 on the endangered species, shortnose sturgeon. Under the Endangered Species Act, NMFS is charged with assisting other federal agencies in carrying out their obligations under the Act as they may affect certain endangered species.
Two specimens of shortnose sturgeon were known to have been involved in some way with impingement at Salem Unit 1.
On January 12, 1978, one specimen,
. already dead, was collected from the trash bars at the Salem Unit 1 intake.
On June 26, 1978, a second specimen was recovered from the screen wash water at the plant.
It was in poor physiological condition and subsequently died despite attempts to resuscitate it in a flowing ambient water bath.
By letter dated October 31, 1979, the NRC requested, pursuant to the Endangered Species Act, fomal consultation / with NMFS to detemine "whether construction and operation of Salem 2 and Hope Creek 1 and 2 and long-term continued operation of Salem 1 and their associated intake structures would jeopardize the continued existence of this endangered species or result in the destruction or modification of any critical habitat of this species". See.
On Decembec 7,1979, NMFS issu'ed Section 7 Consultation - Threshold Examination and Biological Opinion. A copy is attached and is hereby incorporated by reference. The National Marine Fisheries Service did not review the constructicn and operation phase of Salem Unit 2 and Hope Creek Units 1 and 2.
Consequently, they did not render an opinion on the possible impact of those activities on the shortnose sturgeon in the Delaware River.
In the opinion they did, however, review the effects of continued operation of Salem Unit 1.
They concluded that:
"the present water intake program of the once-through system at Salem Unit 1 is not likely to jeopardize the continued existence of the shortnose sturgeon, nor is it likely to destroy or adversely affect habitat that may be critical to the shortnose sturgeon."
III Based on this finding by the National Marine Fisheries Service that there
- / 16 U.S.C. sl536(a)&(b).
will be no adverse affect on the continued existence ~ ofs the shortnose sturgeon in the Delaware River due to long-tem operation of Salem Unit 1, the request by the Colemans for suspension or revocation of the Salem Unit 1 operating license is denied.*/
The requests for action regarding Salem Unit 2 and Hope Creek, Units 1 and 2, are still under consideration and action on those requests will be taken promptly following the development of additional infomation regarding ~the possible effects of the construction and/or operation of those plants on shortnose sturgeon in the Delaware River.
A copy of this decision will be placed in the Commission's Public Document Room at 1717 H Street, N.W., Washingtor., D. C. 20555 and the local public document room for the Salem Nuclear Generating Station, Unit 1, located at Salem Free Public Library,112 West Broadway, Salem, New Jersey 08079. A copy of this decision will also be filed with the Secr2tary of the Comission for its revi]w in accordance with 10 CFR 2.206(c) of the Comission's regulations.
As provided in 10 CFP 2.206(c) of the Comission's regulations, this decision will constitute the final action of the Comission 20 days after the
- / Whether or not the incidental impingement of the two shortnose sturgeon at the Salem Unit 1 facility constituted a violation of the Endangered Species Act is a question which lies outside the purview of this agency.
'See 16 U.S.C.1540 (a)-(e) (1979).
The NRC's obligation under the Act is to insure, in consultation with and with the assistance of the Secretary (of Commerce or Interior)3 that action authorized by NRC does not jeopardize the continued existence of an endangered species.
Tha' nas been done in this case.
date of issuance, unless the Comission on its own motion institutes the review of this decision within that time.
FOR THE NUCLEAR REGULATORY COMMISSION ANY x
Harold R. Denton, Director Office of Nuclear Reactor Regulation Dated at Bethesda, Maryland this 7, of February,1980.
Enclosures:
1.
NRC Ltr of 10/31/79 2.
NMFS Consultation Opinion