ML11266A009
| ML11266A009 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 09/19/2011 |
| From: | Byrd K W FirstEnergy Nuclear Operating Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| L-11-288, TAC ME4613 | |
| Download: ML11266A009 (12) | |
Text
FENOC Davis-Besse Nuclear Power Station5501 N. State Route 2FirstEnergy Nuclear Operating Company Oak Harbor, Ohio 43449September 19, 2011L-1 1-288 10 CFR 54ATTN: Document Control DeskU. S. Nuclear Regulatory CommissionWashington, DC 20555-0001SUBJECT:Davis-Besse Nuclear Power Station, Unit No. 1Docket No. 50-346, License Number NPF-3License Renewal Application Amendment No. 17, Supplemental Information for theReview of the Davis-Besse Nuclear Power Station, Unit No. 1, License RenewalApplication Environmental Report (TAC No. ME4613)By letter dated August 27, 2010 (Agencywide Documents Access and ManagementSystem (ADAMS) Accession No. ML102450565), FirstEnergy Nuclear OperatingCompany (FENOC) submitted an application pursuant to Title 10 of the Code of FederalRegulations, Part 54 for renewal of Operating License NPF-3 for the Davis-BesseNuclear Power Station, Unit No. 1 (DBNPS).Enclosed with this letter is Amendment 17 to the DBNPS License Renewal Application.Specifically, the information provided in Appendix E, "Applicant's Environmental Report,Operating License Renewal Stage," has been updated. Additionally, by letter datedMarch 23, 2011, FENOC established a regulatory commitment to provide the NRC withthe results of the U.S. Fish and Wildlife Service review for threatened and endangeredspecies along the DBNPS transmission line corridors. The results of the review areprovided in a letter from the Fish and Wildlife Service dated August 19, 2011, which hasbeen incorporated into Appendix E.There are no regulatory commitments contained in this letter. If there are any questionsor if additional information is required, please contact Mr. Clifford I. Custer, FleetLicense Renewal Project Manager, at 724-682-7139.
Davis-Besse Nuclear Power Station, Unit No. 1L-11-288Page 2I declare under penalty of perjury that the foregoing is true and correct. Executed onSeptember _/__, 2011.Sincerely,Kendall W. ByrdDirector, Site Performance ImprovementEnclosure:Amendment No. 17 to the DBNPS License Renewal Applicationcc: NRC DLR Project ManagerNRC DLR Environmental Project ManagerNRC Region III Administratorcc: w/o EnclosureNRC DLR DirectorNRR DORL Project ManagerNRC Resident InspectorUtility Radiological Safety Board
Enclosure
Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS)Letter L-11-288Amendment No. 17 to theDBNPS License Renewal ApplicationPage 1 of 10License Renewal ApplicationSections AffectedAppendix E, Section 4.10.2Appendix E, Section 4.22Appendix E, Table 6.1-1Appendix E, Section 9.1Appendix E, Section 9.3Appendix E, Attachment CThe Enclosure identifies the change to the License Renewal Application (LRA) byAffected LRA Section, LRA Page No., and Affected Paragraph and Sentence. Thecount for the affected paragraph, sentence, bullet, etc. starts at the beginning of theaffected Section or at the top of the affected page, as appropriate. Below each sectionthe reason for the change is identified, and the sentence affected is printed in italics withdeleted text Jko-eiut and added text underlined.
Enclosure
L-1 1-288Page 2 of 10Affected LRA Section LRA Page No. Affected Paragraph and SentenceAppendix E, Page 4.10-2 New third paragraphSection 4.10.2Supplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). A new third paragraph is added to Section 4.10.2 of theDavis-Besse Environmental Report as follows:USFWS reported that the proiect is within the range of the following federallylisted endangered, proposed endangered, threatened, and candidate species:** Indiana bat (Myotis sodalis),* Kamer blue butterfly (Lycaeides melissa samuelis)," Kirtland's warbler (Setophafa kirtlandii)," Piping plover (Charadrius melodus),* Raved bean (Villosa fabalis)," Lake Erie watersnake (Nerodia sipedon insularium),* Lakeside daisy (Hymenoxys herbacea)," Eastern massasauga (Sistrurus catenatus), and" Eastern prairie fringed orchid (Platanthera leucophaea).
Enclosure
L-1 1-288Page 3 of 10Affected LRA Section LRA Page No. Affected Paragraph and SentenceAppendix E, Pages 4.10-2 Third paragraph (now fourthSection 4.10.2 and 4.10-3 paragraph after above amendment)Supplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). The existing third paragraph (now fourth paragraph afterabove amendment) in Section 4.10.2 of the Davis-Besse Environmental Report isrevised as follows:USFWS determined that the Davis-Besse license renewal project will not impactfederally listed species and will have minimal environmental impacts, as nochange in operation or extent of the facility is proposed. However, the USFWSnoted that a bald eagle (Haliaeetus leucocephalus) nest exists on theDavis-Besse property. Although the bald eagle was removed from the Federal listof endangered and threatened species in July 2007 due to recovery, this speciescontinues to be afforded protection by the Bald and Golden Eagle Protection Actand Migratory Bird Treaty Act. To avoid disturbing nesting and young eagles,USFWS requested that no activity occur within 660 feet of the nest betweenJanuary 1 and July 31, when the nesting eagles are most vulnerable.Additionally, there is a confirmed population of the eastern prairie fringed orchid(Platanthera leucophaea), a federally listed threatened species, within thetransmission line corridor in Sandusky County. If maintenance activities such asmowing, spraying, or the operation of heavy equipment within the transmissionline corridor are to be conducted USFWS recommends that:" the location be examined to determine if suitable habitat for the orchid ispresent,* if suitable habitat is present, that surveys for this species be conducted inearly July when the orchids are in bloom," if the use of heavy equipment or mowing is required in identified areasprior to the completion of surveys, that these activities be restricted tobetween October I and March 31 of each year to avoid impacts to thisspecies, and* if herbicide spraying is used to control vegetation or if maintenanceactivities cannot be constrained to between these dates, furthercoordination with the USFWS is required.FENOC plans to incorporate the USFWS requirements into station and corporatetransmission line maintenance procedures. (USFWS 2009; USFWS 2011)
Enclosure
L-1 1-288Page 4 of 10Affected LRA SectionLRA Page No.Pages 4.10-2and 9.3-1Affected Paragraph and SentenceAppendix E,Section 4.22 andSection 9.3New reference listingSupplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). A new reference listing for the USFWS letter is added toSections 4.22 and 9.3, both titled "References," of the Davis-BesseEnvironmental Report as follows:USFWS 2011. U.S. Fish and Wildlife Service, U.S. Department of the Interior,USFES letter, M.K. Knapp to C. Custer (TAILS #314200-2011-TA-0933),August 19, 2011, Columbus, Ohio.Affected LRA SectionLRA Page No.Affected Paragraph and SentenceItem No. 49 -Environmental ImpactcolumnAppendix E,Table 6.1-1Page 6.1-3Supplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). The Environmental Impact column of Item No. 49 inTable 6.1-1 of the Davis-Besse Environmental Report is revised as follows:SMALL. Impacts are expected to be minimal during refurbishment becauseFENOC will follow the requirements provided by the USFWS and ODNRregarding eastern prairie fringed orchids, bald eagles and Indiana bats.Additionally, operation and maintenance of the plant and associated transmissionlines are not expected to change significantly during the license renewal term.
Enclosure
L-1 1-288Page 5 of 10Affected LRA Section LRA Page No. Affected Paragraph and SentenceAppendix E, Page 9.1-2 New third paragraphSection 9.1Threatened orEndangered SpeciessubsectionSupplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). A new third paragraph is added to the Threatened orEndangered Species subsection of Section 9.1 of the Davis-BesseEnvironmental Report as follows:USFWS reported that the proiect is within the range of the following federallylisted endangered, proposed endangered, threatened, and candidate species:*" Indiana bat (Myotis sodalis),* Karner blue butterfly (Lvcaeides melissa samuelis)," Kirtland's warbler (Setophaga kirtlandii)," Piping plover (Charadrius melodus),* Raved bean (Villosa fabalis),* Lake Erie watersnake (Nerodia sipedon insularium),* Lakeside daisy (Hymenoxys herbacea)," Eastern massasauga (Sistrurus catenatus), and" Eastern prairie fringed orchid (Platanthera leucophaea).
Enclosure
L-11-288Page 6 of 10Affected LRA Section LRA Page No. Affected Paragraph and SentenceAppendix E, Page 9.1-2 Third paragraph (now fourthSection 9.1 paragraph after above amendment)Threatened orEndangered SpeciessubsectionSupplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). The existing third paragraph (now fourth paragraph afterabove amendment) in the Threatened or Endangered Species subsection ofSection 9.1 of the Davis-Besse Environmental Report is revised as follows:USFWS determined that the Davis-Besse license renewal project will not impactfederally listed species and will have minimal environmental impacts, as nochange in operation or extent of the facility is proposed. However, the USFWSnoted that a bald eagle (Haliaeetus leucocephalus) nest exists on theDavis-Besse property. Although the bald eagle was removed from the Federal listof endangered and threatened species in July 2007 due to recovery, this speciescontinues to be afforded protection by the Bald and Golden Eagle Protection Actand Migratory Bird Treaty Act. To avoid disturbing nesting and young eagles,USFWS requested that no activity occur within 660 feet of the nest betweenJanuary 1 and July 31, when the nesting eagles are most vulnerable.Additionally, there is a confirmed population of the eastern prairie fringed orchid(Platanthera leucophaea), a federally listed threatened species, within thetransmission line corridor in Sandusky County. If maintenance activities such asmowing. spraying, or the operation of heavy equipment within the transmissionline corridor are to be conducted USFWS recommends that:* the location be examined to determine if suitable habitat for the orchid ispresent,* if suitable habitat is present, that surveys for this species be conducted inearly July when the orchids are in bloom," if the use of heavy equipment or mowing is required in identified areasprior to the completion of surveys, that these activities be restricted tobetween October 1 and March 31 of each year to avoid impacts to thisspecies, and* if herbicide spraying is used to control vegetation or if maintenanceactivities cannot be constrained to between these dates, furthercoordination with the USFWS is required.FENOC plans to incorporate the USFWS requirements into station and corporatetransmission line maintenance procedures. (USFWS 2009; USFWS 2011)
Enclosure
L-1 1-288Page 7 of 10Affected LRA SectionLRA Page No.Affected ParaqraDh and SentenceAppendix E,Attachment CC-3Table of ContentsSupplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). A new document listing is added to the Threatened orEndangered Species section of the Table of Contents of Attachment C of theDavis-Besse Environmental Report as follows:Mary Knapp (U.S. Fish & Wildlife Service) to C.I. Custer (FENOC),A ugust 19, 2011 ......................................................................... C -48Affected LRA SectionLRA Page No.Affected Paragraph and SentenceAppendix E,Attachment CC-48New documentSupplemental information was provided to FENOC by the U.S. Fish and WildlifeService (USFWS). The following three-page letter is added to the end ofAttachment C of the Davis-Besse Environmental Report:
United States Department of the InteriorFISH AND WILDLIFE SERVICEEcological Services4625 Morse Road, Suite 104Columbus, Ohio 43230(614) 416-8993 / FAX (614) 416-8994August 19, 2011Clifford I. Custer TAILS #: 31420-2011-TA-0933Davis-Besse License Renewal Project ManagerMail Stop 3370Davis-Besse Nuclear Power Station5501 N. State Route 2Oak Harbor, Ohio 43449Dear Mr. Custer,.This is in response to the March 21, 2011 letter requesting our review and comments on theproposed operating license renewal for Davis-Besse Nuclear Power Station and associated powerlines. The U.S. Fish & Wildlife Service had previously provided comments dated December 16,2009, though at the time the project did not extend greater than 6-miles from the Power Station.In an email dated September 24, 2010 and on June 7, 2011, our office requested GIS shapefilesof the proposed transmission corridor in order to assess potential impacts; these were received onJuly 5, 2011. As part of the Nuclear Regulatory Commission renewal process you have requestedthe U.S. Fish and Wildlife Service's assistance in assessing the impact of the license renewal onthreatened and endangered species.As stated in the December 16, 2009 letter, in general, we agree that the proposed renewal of theoperating license will not impact federally listed species and will have minimal environmentalimpacts, as no change in operation or extent of the facility is proposed. Should you subsequentlypropose any activities that would result in ground disturbance, tree clearing, or habitatmodification, further coordination with this office and the Ottawa National Wildlife Refuge(Refuge) is requested.ENDANGERED SPECIES COMMENTS: This project lies within the range of the Indiana bat(Myolis sodcalis), Karner blue butterfly (Lycaeides melissa samuelis), Kirtland's warbler(Setophaga kirtlandli), piping plover (Charadrius melodus), rayed bean (Villosafabalis), LakeErie watersnake (Nerodia sipedon insularum), Lakeside daisy. (Hymenoxys herbacea), andeastern inassasauga (Sistrurus calenatus), federally listed endangered, proposed endangered,threatened, and candidate species. Due to the project type, location, and onsite habitat, none of these species would be expected within the project area, and no impacts to these species areexpected.Additionally, the proposed project lies within the range of the eastern prairie fringed orchid(Platanthera leucophaea), a federally listed threatened species. This tall, showy orchid is foundin wet prairies, sedge meadows, and moist road-side ditches. Within the project area Easternprairie fringed orchid is found in Jerusalem Township in Lucas County, Erie Township inOttawa County, and Riley Township in Sandusky County. Currently, there is a confirmedpopulation of this Species within this transmission line corridor in Sandusky County. Thoughspecific activities were not listed within your March 21, 2011 letter, if maintenance activitiessuch as mowing, spraying, or the operation of heavy equipment within the transmission linecorridor are to be conducted, we recommend that the project location be examined to determineif suitable habitat for the orchid is present. If suitable habitat is present, we recommend thatsurveys for this species be conducted in early July when the orchids are in bloom. Should the useof heavy equipment or mowing be required for maintenance prior to the completion of surveyswithin these portions of the project area the Service asks that these activities be restricted tobetween October 1st -March 31st of each year to avoid impacts to this species. Should herbicidespraying be used to control vegetation or if maintenance activities cannot be constrained tobetween these dates fiirther coordination with the Service is required.MIGRATORY BIRD COMMENTS: The project area lies within the range of the bald eagle(Haliaeetus leucocephalus). The bald eagle has been removed from the Federal list ofendangered and threatened species due to recovery. This species continues to be affordedprotection by the Bald and Golden Eagle Protection Act (BGEPA, 16 U.S.C. 668-668d) andMigratory Bird Treaty Act (MBTA, 16 U.S.C. 703-712).At least one nest currently exists within 660 ft. of the transmission line corridor. In order toprevent adverse impacts to the bald eagle, we request that any work at the site be restricted frommid-January 1 through July 31. This will prevent disturbance of the eagles from the egg-layingperiod until the young fledge, which encompasses their most vulnerable times. We ask that youconsult with this office before construction begins to confirm that the eagles have left the nest.Once this has been confirmed, construction or maintenance may begin.These comments have been prepared under the authority of the Fish and Wildlife CoordinationAct (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Endangered Species Act of 1973(ESA), as amended, and are consistent with the intent of the National Environmental Policy Actof 1969 and the U.S. Fish and Wildlife Service's Mitigation Policy. Please note that theconsultation under section 7 of the ESA may be warranted for this project since suitable habitatfor the Indiana bat may be impacted by this project. This letter provides technical assistance onlyand does not serve as a complete section 7 consultation document.
Thank you for this opportunity to provide comments on this project. If you have any questions,or if we may be of assistance, please contact Keith Lott at extension 31 in this office.Sincerely,Mary A pp Ph.D.Supervisorcc: ODNR Division of Wildlife SCEA Unit, Columbus, OH