ML052240048
| ML052240048 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/20/2005 |
| From: | Mcinnis R US Dept of Commerce, National Marine Fisheries Service |
| To: | Kuo P NRC/NRR/DRIP/RLEP |
| References | |
| Download: ML052240048 (3) | |
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UNITED STATES DEPARTMENT OF COMMERCE
.- National Oceanic and Atmospheric Administration Stt-o NATIONAL MARINE FISHERIES SERVICE Southwest Region 501 West Ocean Boulevard, Suite 4200 Long Beach, California 90802-4213 JUL 2 0 2005 151401SWR2004PR138l5:JSK Mr. Pao-Tsin Kuo Program Director License Renewal and Environmental Impacts Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
Dear Mr. Kuo:
This letter acknowledges that NOAA's National Marine Fisheries Service (NMFS) is in receipt of your letter dated May 10, 2005, requesting initiation of a formal section 7 consultation under the Endangered Species Act (ESA). The consultation concerns the possible effects of continued operation of the Diablo Canyon Power Plant (DCPP) Cooling Water System (CWS) on ESA-listed species managed by NMFS. DCPP is operated by Pacific Gas & Electric under licenses issued and administered by the U.S. Nuclear Regulatory Commission (NRC). The potential impacts of plant operations on ESA-listed species were not considered during the original environmental impact statement for DCPP.
The information required to initiate formal section 7 consultation was provided in the Biological Assessment (BA) prepared by NRC and submitted with your letter. The BA contained sufficient information to initiate consultation, although some additional information may be required by NMFS to complete the consultation. Additional information requests will be handled by Jessica Kondel of my staff.
The species covered in this consultation will includc only those ESA-listed species for which NMFS has jurisdiction. The information provided in the BA shows that the southern sea otter (Enlyclra lhris nereis) is often found near the CWS at DCPP. I would recommend that you contact the U.S. Fish and Wildlife Service which has jurisdiction over the ESA-listed southern sea otter.
Section 7 allows NMFS up to 90 days to conclude formal consultation with your agency and an additional 45 calendar days to prepare our biological opinion, unless we mutually agree to an extension; Therefore, we expect to provide you with our biological opinion no later than November 30, 2005.
2 As a reminder, the ESA requires that after initiation of formal consultation, the Federal action agency may not make any irreversible or irretrievable commitment of resources that limit future options. This practice ensures agency actions do not preclude the formulation or implementation of reasonable and prudent alternatives that avoid jeopardizing the continued existence of endangered or threatened species or destroying or modifying their critical habitats.
If you have any questions or concerns about this consultation or the consultation process, please contact Jessica Kondel at (562) 980-3230 or Jessica.Kondel~noaa.gov.
Sincerely, 6p A,___
Rodney R. McInnis Regional Administrator
-ff' II U.S. DEPARTMENT OF COMMERCE ATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA 4ATIONA L MAPl NE FISHER IE SERVXCt SOUTHWEST REGION 501 W. OCEAN BLVD., SUITE 4200 1 ŽIr
- RFlLrHf, CA 908241 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 AN EQUAL OPPORTUNITY EMPLOYER Mr. Pao-Tsifl KU0o rnetlIP lt License Renewal & EnvirionsUe-Ntalemar eglaor Office of Nuclear Regulations, U Comnission 05-° WashiflgtOfl, DC 20555000 42 Stv rit) %
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