ML14316A097
| ML14316A097 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 11/14/2014 |
| From: | David Wrona Division of License Renewal |
| To: | Ledwin J US Dept of Interior, Fish & Wildlife Service |
| Dennis Logan 301-415-0490 | |
| References | |
| Download: ML14316A097 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 14, 2014 Ms. Jane Ledwin Fish and Wildlife Biologist U.S. Fish and Wildlife Service Missouri Ecological Services Field Office 101 Park DeVille Dr., Suite A Columbia, MO 65203
SUBJECT:
REQUEST FOR CONCURRENCE REGARDING THE MINIMUM SUFFICIENCY OF A MONITORING PLAN TO PROVIDE INFORMATION ON ENDANGERED PALLID STURGEON AS PART OF THE ENDANGERED SPECIES ACT SECTION 7 CONSULTATION FOR THE PROPOSED CALLAWAY PLANT, UNIT 1, LICENSE RENEWAL
Dear Ms. Ledwin:
I am writing you regarding a telephone call I had with you on November 12, 2014, pursuant to consultation under section 7 of the Endangered Species Act of 1973, as amended (ESA),
between the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Fish and Wildlife Service (FWS) for the proposed license renewal of Callaway Plant, Unit 1 (Callaway), located near Fulton in Callaway County, Missouri.
The NRC is in the process of developing a record of decision (ROD) for the proposed Callaway license renewal in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the NRCs regulations implementing NEPA at Title 10, Part 51, of the Code of Federal Regulations (10 CFR Part 51). Among other things, the ROD will address the section 7 consultation with FWS for endangered pallid sturgeon. The relevant history is as follows.
In conjunction with reviewing the license renewal application, the NRC submitted a biological assessment to the FWS on the effects of Callaways cooling water system operation on the endangered pallid sturgeon as part of its ESA section 7 consultation. The NRCs assessment found that young pallid sturgeon may occur in the Missouri River near Callaway and that some lethal takes of pallid sturgeon attributable to plant operation are probable and most likely inevitable over the period of the proposed license renewal. The NRC staff could not confirm such takes because Ameren Corporation (Ameren or the applicant) has not monitored Callaways cooling water system for entrainment and impingement of fish species for about three decades. During the consultation, NRC staff found that seasonal monitoring of entrainment and impingement would be necessary to quantify present and estimate future levels of pallid sturgeon takes necessary to complete formal consultation. The FWS agreed with NRCs assessment that the biological assessment lacks sufficient information about impingement and entrainment of pallid sturgeon to develop a biological opinion. The FWS recommended that Ameren perform impingement and entrainment studies to collect that data.
During the consultation, the U.S. Environmental Protection Agency (EPA) finalized its regulations to establish requirements for cooling water intake structures at existing electric generation plants and facilities and published those regulations in the Federal Register on
August 15, 2014 (79 FR 48300). The final rule establishing the regulations allows EPA or its designated states to require impingement and entrainment monitoring in association with the National Pollutant Discharge Elimination System (NPDES) permitting program (40 CFR 125.95(a)), as well as additional measures to reduce entrainment and impingement mortality of endangered species or adverse effects on designated critical habitat (for example, the food base of endangered species). In association with its NPDES permit for Callaway, Ameren has agreed to conduct impingement and entrainment monitoring and Missouri River sampling for pallid sturgeon at Callaway and to provide the NRC with a report describing the results by March 31, 2017. Ameren will also provide copies of the report to the FWS, the Missouri Department of Natural Resources, and the Missouri Department of Conservation. Ameren followed up with a letter of formal commitment to that effect to the NRC on October 31, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14304A755). Ameren copied you on this letter.
After reviewing the monitoring plan described in Amerens letter of commitment, the NRC staff has determined that Amerens plan would meet the minimum requirements for providing data to determine possible adverse effects to pallid sturgeon in the Missouri River near Callaway and complete our section 7 consultation. We request your concurrence with this determination.
If you have any questions regarding this letter, please contact Dr. Dennis Logan, Biologist, of my staff at 301-415-0490 or by e-mail at dennis.logan@nrc.gov.
Sincerely,
/RA/
David J. Wrona, Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation
- concurred via email OFFICE LA:DLR*
AB:RERB:DLR BC:RERB:DLR NAME IKing DLogan DWrona DATE 11/14/14 11/14/14 11/14/14
Letter to J. Ledwin from D. Wrona dated November 14, 2014
SUBJECT:
REQUEST FOR CONCURRENCE REGARDING THE MINIMUM SUFFICIENCY OF A MONITORING PLAN TO PROVIDE INFORMATION ON ENDANGERED PALLID STURGEON AS PART OF THE ENDANGERED SPECIES ACT SECTION 7 CONSULTATION FOR THE PROPOSED CALLAWAY PLANT, UNIT 1, LICENSE RENEWAL DISTRIBUTION:
E-MAIL:
PUBLIC EndangeredSpecies Resource RidsNrrDlr Resource RidsNrrDlrRerb Resource RidsNrrDlrRpb2 Resource RidsNrrPMCallaway Resource DLogan BGrange TTran DWrona BWittick DRoth, OGC jane_ledwin@fws.gov (Jane Ledwin, U.S. Fish and Wildlife Service)