RA-18-093, Request to Reinitiate Consultation Regarding the OCNGS Sea Turtle Incidental Take Statement

Request to Reinitiate Consultation Regarding the OCNGS Sea Turtle Incidental Take Statement

ML18289A370
Person / Time
Site:	Oyster Creek
Issue date:	10/16/2018
From:	Gallagher M Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
RA-18-093
Download: ML18289A370 (17)

Text

Michael P. Gallagher Exelon Generation ~

Exelon Nuclear Vice President License Renewal and Decomm1ss1onmg 200 Exelon Way Kennett Square, PA 19348 610 765 5958 Office 610 765 5658 Fax www.exeloncorp.com m1chaelp.gallagher@exeloncorp.com 50 CFR 402.16 RA-18-093 October 16, 2018 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Oyster Creek Nuclear Generating Station Renewed Facility Operating License No. DPR-16 NRG Docket Nos. 50-219 and 72-15

Subject:

Request to Reinitiate Consultation Regarding the OCNGS Sea Turtle Incidental Take Statement

Reference:

1) Letter from P. Kurkul, NOAA National Marine Fisheries Service to A.

Imboden, U.S. Nuclear Regulatory Commission - "Oyster Creek Nuclear Generating Station," dated November 21, 2011 (ML12006A217)

2) Letter from M. Gallagher (Exelon Generation Company, LLC to U.S.

Nuclear Regulatory Commission - "Oyster Creek Nuclear Generating Station - Post-Shutdown Decommissioning Activities Report," dated May 21, 2018 (ML18141A590)

The Oyster Creek Nuclear Generating Station (OCNGS) Renewed Facility Operating License No. DPR-16 requires Exelon Generation Company, LLC (Exelon) to comply with the terms and conditions of the Incidental Take Statement (ITS) associated with certain sea turtles that is "in effect or as subsequently issued" by the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) in a Biological Opinion. The Biological Opinion most recently issued by NMFS in support of the U.S. Nuclear Regulatory Commission's (NRG) renewal of the OCNGS operating license is dated November 21, 2011 (Reference 1).

The purpose of this letter is to request that the NRG reinitiate the Endangered Species Act (ESA) Section 7 consultation that was the basis for the ITS issued on November 21, 2011 (2011 ITS). Such reinitiation would allow NMFS to consider amending the ITS to be more relevant to current circumstances at the OCNGS, which include permanent cessation of operation and the corresponding reduced effects on listed species.

Reinitiation of ESA Section 7 consultation between the NMFS and another federal agency is required if the other agency retains control over an action leading to an initial ESA Section 7 consultation, and if: (1) the amount or extent of taking specified in the ITS is exceeded (50 CFR 402.16(a)); (2) new information reveals effects of the action that may not have been previously considered (50 CFR 402.16{b)); (3) the identified action is subsequently modified in a manner that causes an effect to listed species or critical habitat that was not considered in the existing

U.S. Nuclear Regulatory Commission OCNGS Sea Turtle Incidental Take Statement Docket Nos. 50-219 and 72-15 October 16, 2018 Page 2 biological opinion (50 CFR 402.16(c)); or (4) a new species is listed or critical habitat is designated that may be affected by the action leading to the initial ESA Section 7 consultation (50 CFR 402.16(d)).

Exelon has evaluated the current OCNGS operating status against these criteria and concluded that criterion (3) justifies reinitiation of the ESA Section 7 consultation between the NRC and NMFS that led to the 2011 ITS. The basis for this conclusion is summarized below.

First, no unconsidered effects on protected species have been revealed to trigger criterion (2).

Regarding criterion (4), Exelon reviewed the U.S. Fish and Wildlife Service website during 2018 (Reference 2) for listed species that are known or believed to occur in New Jersey and found that the following species have been added to the list since the 2011 ITS was issued for OCNGS:

• Red Knot

• Northern Long-Eared Bat According to the Red Knot profile on the website, Red Knot habitat includes Atlantic and bay beaches and mudflats. Threats to the Red Knot include sea level rise; coastal development; shoreline stabilization; dredging; reduced food availability at stopover areas; disturbance by vehicles, people, dogs, aircraft, and boats; and climate change. Other than the potential for dredging, the planned post-shutdown decommissioning activities at OCNGS will not create any of these threats to the Red Knot. Additionally, the Red Knot does not typically reside in water bodies like Oyster Creek or Forked River. As discussed in the OCNGS Post-Shutdown Decommissioning Activities Report (PSDAR) (Reference 2), if dredging is pursued between the barge landing and Barnegat Bay in order to provide enough depth for the barge shipment, it would be conducted under U.S. Army Corps of Engineers (USAGE) and appropriate New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation permits. Exelon has reserved space for dredge spoils in an existing State of New Jersey dredge spoils basin on property adjacent to Oyster Creek. Because decommissioning activities at OCNGS would utilize an existing barge landing and dredge spoils basin, there would be no changes to offsite land use patterns.

The habitat of the Northern Long-Eared Bat includes caves and mines in the winter and wooded areas in the summer. White-nose syndrome, the cause of which is not related to any OCNGS decommissioning activity, is the predominant threat to this bat, according to the U.S. Fish and Wildlife Service Environmental Conservation Online System (ECOS). Hence, the planned post-shutdown decommissioning activities at OCNGS will not pose a threat to the Northern Long-Eared Bat.

Atlantic sturgeon and shortnose sturgeon are federally-listed endangered aquatic species found in the Delaware River in New Jersey. However, neither species was identified by resource agencies as being of concern when the NRC reviewed the OCNGS application for operating license renewal during 2006. In addition, no shortnose or Atlantic sturgeon have been collected at OCNGS since the 2011 ITS was issued (Reference 2).

Hence, because the planned post-shutdown decommissioning activities at OCNGS are not anticipated to create or pose any threats to either the Northern Long-Eared Bat or the Red Knot, and both Atlantic and shortnose sturgeon continue to be absent at OCNGS, Exelon concludes that no newly listed species or newly identified critical habitat is present to trigger criterion (4).

Regarding criterion (3), OCNGS ceased power operations on September 17, 2018, defueled, and began execution of post-shutdown decommissioning activities as described in the OCNGS

U.S. Nuclear Regulatory Commission OCNGS Sea Turtle Incidental Take Statement Docket Nos. 50-219 and 72-15 October 16, 2018 Page3 PSDAR (Reference 2). Upon shutdown of the reactor, OCNGS discontinued the use of the Dilution Water System (DWS). This eliminated sea turtle impingement risk at the DWS.

OCNGS will continue using two Circulating Water System (CWS) pumps (approximately 250,000 gpm [360 MGD]) for approximately 60 days after power operations ceased. Beyond the 60-day period, plant heat will be removed by the Service Water (SW) and Emergency Service Water (ESW) systems (approximately 12,000 gpm [17.3 MGD]) until all spent fuel has been moved from the Spent Fuel Pool to the Independent Spent Fuel Storage Installation (ISFSI), which is scheduled for approximately March 2024. This change represents a greater than 98% reduction in intake flow from full power operation, which significantly reduces sea turtle impingement risks. Hence, post-shutdown decommissioning activities will have meaningfully less effect on threatened and endangered sea turtles than was previously contemplated in the 2011 ITS. For that reason, Exelon believes reinitiation of the ESA Section 7 consultation under criterion (3) (50 CFR §402.16(c)) is justified in order to fashion a revised ITS that is more relevant to current OCNGS circumstances.

Regarding criterion (1), Table 2 in the Attachment indicates the number of loggerhead sea turtles taken at the OCNGS intake structures from 2012 through September 2018 exceeds the limit for full power operation specified in the 2011 ITS. Exelon, however, does not recommend reinitiation of the ESA Section 7 consultation based on criterion (1) because the permanent shutdown in September 2018 makes the exceedance of the incidental take limit irrelevant with respect to future effects of OCNGS on listed species.

The attachment to this letter provides additional supporting information. Express modifications to the "reasonable and prudent measures" as well as the mitigating "terms and conditions" enumerated in the 2011 ITS are also suggested in the attachment.

No commitments to the NRC are made in this letter.

If you have any questions concerning this submittal, please contact Paul Bonnett at (61 O) 765-5264.

Respectfully, Michael P. Gallagher Vice President, License Renewal & Decommissioning Exelon Generation Company, LLC

Attachment:

Evaluation of Changed Circumstances That Affect Protected Sea Turtles at Oyster Creek Nuclear Generating Station cc: w/Attachment Regional Administrator - NRC Region I NRC Senior Resident Inspector - Oyster Creek Nuclear Generating Station NRC Project Manager, NRA - Oyster Creek Nuclear Generating Station Director, Bureau of Nuclear Engineering - New Jersey Department of Environmental Protection Mayor of Lacey Township, Forked River, NJ

ATTACHMENT Evaluation of Changed Circumstances That Affect Protected Sea Turtles at Oyster Creek Nuclear Generating Station

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-1 EVALUATION OF CHANGED CIRCUMSTANCES THAT AFFECT PROTECTED SEA TURTLES AT OYSTER CREEK NUCLEAR GENERATING STATION BACKGROUND The Oyster Creek Nuclear Generating Station (OCNGS) began commercial operation in 1969.

No observed takes of endangered or threatened species occurred at the OCNGS prior to 1992.

However, following dredging in the intake and discharge canals in early 1992, sea turtle impingements began occurring at the OCNGS intake structure. A detailed summary of such impingements from 1992 through 2011 is provided in the 2011 Biological Opinion and its accompanying Incidental Take Statement (ITS) (Reference 1), which specifies cumulative take limits for the period from 2012 through 2029 and was used to support the NRC's first renewal of the OCNGS operating license. The table below summarizes sea turtle impingements from 1992 through September 2018.

Table 1: OCNGS Sea Turtle incidental take data from 1992 through September 2018 Kemp's ridley Loggerhead Green TOTAL 1992 to 2010 50 11 8 69 2011 6 1 1 8 2012 4 0 1 5 2013 7 2 0 9 2014 7 1 0 8 2015 8 0 4 12 2016 1 1 1 3 2017 2 1 1 4 Jan to Sept 2 2 0 4 2018 TOTAL (1992 87 19 16 122 to 2018)

PROPOSED ACTION On December 9, 2010, Exelon became a party to an Administrative Consent Order (ACO) with the New Jersey Department of Environmental Protection (NJDEP) (Reference 2). In the ACO, Exelon agreed to cease power production at OCNGS no later than December 31, 2019, rather than operate the facility until 2029, when the station's renewed U.S. Nuclear Regulatory Commission (NRC) operating license expires. Accordingly, NJDEP agreed to issue a new draft New Jersey Pollutant Discharge Elimination System (NJ PD ES) permit containing a determination, pursuant to the Clean Water Act Section 316(b), that existing measures being taken at OCNGS to mitigate fish and shellfish impingement and entrainment effects represent the best technology available for the facility's cooling water intake through the time of permanent cessation of power

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-2 generation operations (i.e., shutdown) at the facility and the associated reduction in intake volume commensurate with post-shutdown activities.

In the 2011 Biological Opinion, NMFS explains that:

"On October 12, 2011, the NRG issued a letter to Exelon confirming that, NRG had received Exelon's notice of intent to permanently cease operations of the OGNGS by no later than December 31, 2019. NMFS requested clarification from the NRG on the status of the OGNGS license after 2019. NRG has indicated that the operating license will remain in effect until April 2029, regardless of Exelon's stated plans to cease operations early. As the term of the license has not changed and because, under the terms of the existing license, operations are authorized until April 9, 2029, NMFS has considered the potential impacts of the continued operation of the facility through, the end of its operating license.

NMFS anticipates that, a future Section 7 consultation between NMFS and NRG would consider effects to listed species from any decommissioning plans or other activities associated with the future termination of operations at OGNGS." (Reference 1)

By letter dated February 14, 2018, Exelon certified, pursuant to 10 CFR 50.82(a)(1 )(i) and 10 CFR 50.4(b)(8}, that OCNGS would permanently cease operations no later than October 31, 2018 (Reference 3). On May 21, 2018, OCNGS submitted to the NRC the Post-Shutdown Decommissioning Activities Report (PSDAR) (Reference 4). Subsequently, the OCNGS ceased operations on September 17, 2018 (Reference 5). Exelon has provided the NRC certification pursuant to 10 CFR 50.82(a)(1 )(ii) that all fuel has been removed from the reactor vessel and placed in the Spent Fuel Pool (Reference 6). Based on the latter two submittals, in accordance with 10 CFR 50.82(a)(2) OCNGS is no longer authorized to operate the reactor.

Upon shutdown of the reactor, OCNGS discontinued the use of the Dilution Water System (DWS).

This eliminated sea turtle impingement risk at the DWS. OCNGS will continue using two Circulating Water System (CWS) pumps (approximately 250,000 gpm [360 MGD]) for approximately 60 days after power operations ceased. Beyond the 60-day period, plant heat will be removed by the Service Water (SW) and Emergency Service Water (ESW) systems (approximately 12,000 gpm [17.3 MGD]) until all spent fuel has been moved from the Spent Fuel Pool, to the Independent Spent Fuel Storage Installation (ISFSI), which is scheduled for approximately March 2024. This change represents a greater than 98% reduction in intake flow from full power operation, which significantly reduces sea turtle impingement risks.

Considering the above information, Exelon submits that actual cessation of OCNGS operations on September 17, 2018, and certification of permanent fuel removal on September 25, 2018, removes all options involving continued operation of the facility through the end of its renewed operating license term on April 9, 2029. Because, cessation of power operations has less effect than the continued power operations contemplated in the 2011 ITS, Exelon is requesting that the NRC reinitiate the formal consultation with NMFS that concluded with NMFS issuance of the 2011 Biological Opinion and ITS with respect to NRC's action to extend the OCNGS operating license for an additional 20 years beyond the initial licensed term. Because the OCNGS licensed term remains unmodified, this reinitiation request is appropriate to address changed circumstances regarding effects on threatened and endangered sea turtles during the extended license term.

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-3 EVALUATION The 2011 Biological Opinion examined the likely effects (direct and indirect) of OCNGS full power operation through April 9, 2029. At the time the 2011 Biological Opinion was written, the potential ways in which OCNGS operation was expected to affect threatened and endangered sea turtles included: impingement at either the circulating water system or dilution water system intake trash racks; capture of free swimming sea turtles in the intake bays; altering the abundance or availability of sea turtle prey items; and altering water quality through the discharge of heated and chlorinated effluent.

Impingement and Capture of Sea Turtles (September 2018 through 01 2024)

According to the 2011 Biological Opinion, "[i]t is unclear why sea turtles enter the Forked River and encounter the OCNGS intake structures. In order to be present at the intake bays, live sea turtles must actively swim from Barnegat Bay into the Forked River and continue downstream to the intake bays. As the current velocity does not increase until within several meters of the intakes, it does not appear that sea turtles are subject to inescapable currents in the Forked River which would draw them to the intakes." Hence, only when sea turtles approach within relatively close proximity to the OCNGS intake structures does impingement become a concern. And even then, the 2011 Biological Opinion concludes that it is likely that sea turtles impinged on the intake trash bars are already stressed, which may increase the turtles' susceptibility to suffocation or drowning. Furthermore, in the plant discharge canal, sea turtles have never been vulnerable to impingement because water flow is away from the plant equipment.

During full power operation, the total maximum intake water flow from Barnegat Bay via the south branch of the Forked River was approximately 1 million gallons per minute (gpm). At that flow rate, velocity in the intake canal was typically less than 2.0 feet per second (fps). Since power operations have ceased, the intake flow rate has been reduced to 250,000 gpm. In December 2018, intake flow will be reduced to 12,000 gpm, which is attributed to the Service Water System pumps that continue to provide cooling for the Spent Fuel Pool. The Spent Fuel Pool cooling will be needed until all spent fuel has been moved into dry storage, which is projected to occur by approximately March 2024, which is about 5.5 years after plant shut down (Reference 4, Table 2). Hence, the OCNGS intake flow rate between December 2018 and the first quarter of 2024 will be reduced to less than two percent of the flow rate during full power operation (i.e., 12,000 +

1x106 = 0.012). The accompanying flow velocity in the intake canal at this reduced intake flow rate will be less than 0.02 fps.

Exelon submits that the significantly reduced intake water volume and flow rate in the intake canal should reduce impingement effects on threatened and endangered sea turtles by a directly proportional percentage during the 5.5 years following plant shut down. Accordingly, Exelon anticipates the reduced cumulative impact indicated in Table 2 on two federally endangered species (Kemp's ridley sea turtle and green sea turtle) and one federally threatened species (loggerhead sea turtle).

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-4 Table 2: Projected OCNGS Sea Turtle Incidental Take (December 2018 through Q1 2024)

Cumulative Take Listed Sea Derived Annual Calculated 5.5-Year Limits at 100% Turtle Take at 100 % Annual Take at Cumulative Take Power Intake Flow Species Power Intake Post-Shutdown at Post-Shutdown from 2012 to Flow from 2012 Intake Flow(= Intake Flow(=

2028* (from 2011 to 2028 (= 2% of Derived Calculated Annual ITS) Cumulative Annual Take) Take x 5.5)

Limit+ 16 sea turtle seasons) 71 Kemps Ridley 4.4 0.88 0.48 6 Loggerhead 0.38 0.0076 0.042 11 Green 0.69 0.014 0.077

• The OCNGS renewed operating license will expire in April 2029. As sea turtles are only present from May to October, NMFS concluded that no sea turtles are likely to be captured or impinged in 2029. Thus, NMFS considered cumulative impacts over the 16 "sea turtle seasons" in 2012 through 2028.

Effects on Prey and Water Quality (December 2018 through Q1 2024)

NMFS evaluated both direct and indirect effects of OCNGS full power operation during 2012 through 2029 on protected sea turtles resulting from OCNGS effects on water temperature and water quality. Regarding prey, the 2011 Biological Opinion states that there is no evidence that sea turtles have been affected by impacts on sea turtle prey caused by either impingement and entrainment or elevated discharge water temperatures associated with OCNGS. Also, the 2011 Biological Opinion states that the level of chlorination at the OCNGS is believed to have an insignificant effect on the ability of sea turtles to successfully forage, and there is no evidence that the OCNGS heated effluent has increased sea turtle vulnerability to cold stunning.

During the post-shutdown period from December 2018 through the first quarter (01) of 2024, impacts on sea turtle prey caused by either impingement and entrainment or discharge water chlorination will be a miniscule fraction of such impacts during full power operation.

Effects After Q1 2024 Until License Termination All spent fuel will have been moved from the Spent Fuel Pool to the ISFSI pad by the end of the first quarter in 2024. Therefore, after that time no effects resulting from OCNGS cooling water systems will continue, and other decommissioning activities are not likely to adversely impact any protected sea turtle species (Reference 4, p. 33).

CONCLUSIONS During the post-shutdown period from September 2018 through the first quarter of 2024, the cumulative effects of impingement and capture of sea turtles will be a small fraction of full power

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-5 operational impacts. The greatly reduced intake flow rate due to the suspension of the DWS and CWS flows and only the use of the SW and/or ESW systems reduces the risk of sea turtle impingements caused by the OCNGS intake structures to essentially zero in any particular year.

Therefore, captures, injuries and deaths of sea turtles are not expected to occur as a result of intake flows at OCNGS. Furthermore, effects on sea turtle prey and water quality during that same period will be immeasurable or nonexistent.

Between the end of the first quarter in 2024 and license termination, endangered and threatened sea turtles will be unaffected by OCNGS cooling water systems, and other decommissioning activities are not likely to adversely impact any protected sea turtle species (Reference 4).

Accordingly, Exelon requests that the NRC seek reinitiation by NMFS of ESA Section 7 consultation for the purpose of reevaluating the cumulative take of threatened and endangered sea turtles expected to occur between September 17, 2018 and termination of the OCNGS operating license. Table 3 itemizes Exelon's proposed changes to the "reasonable and prudent measures" (RPMs) identified in the 2011 ITS (Reference 1), and Table 4 itemizes Exelon's proposed changes to the "Terms and Conditions" set forth in the 2011 ITS for implementing the RP Ms.

Table 3: Proposed Changes to "Reasonable and Prudent Measures" Stated In the 2011 ITS Suggested Text of "Reasonable and Revised Text of Prudent Measures" from the "Reasonable Explanatory Comments 2011 ITS and Prudent Measures"

1. OCNGS must continue to OCNGS shall Upon shutdown of the reactor on September implement a NMFS approved monitor and 17, 2018, OCNGS discontinued the use of program to prevent, monitor, mitigate the the Dilution Water System (DWS). The use of minimize, and mitigate the incidental take all Circulating Water System (CWS) pumps incidental take of sea turtles at the of sea turtles at will be discontinued by approximately CWS and DWS intake structures. the facility intake December 1, 2018. At that time plant heat structures. removal will be accomplished only by the Service Water (SW) and/ or Emergency Service Water (ESW) systems (approximately 12,000 gpm or 17.3 MGD) until all spent fuel has been moved from the Spent Fuel Pool to the Independent Spent Fuel Storage Installation (lSFSl) Pad (approximately March 2024).

Accordingly, incidental take of sea turtles after December 2018 will not be caused by the CWS and DWS intake flows. The greatly reduced intake flow rate from using the SW and/or ESW systems reduces the risk of sea turtle impingements caused by the OCNGS intake structures to essentially zero in any particular year. Thus, prevention and minimization of incidental sea turtle takes will

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-6 Suggested Text of "Reasonable and Revised Text of Prudent Measures" from the "Reasonable Explanatory Comments 2011 ITS and Prudent Measures" no longer be within OCNGS control, and the mandatory program should be modified to focus on monitoring and mitigation.

2. All sea turtle impingements NMFS must be The greatly reduced intake flow rate associated with the OCNGS and notified if a sea beginning in December 2018 will reduce the sea turtle sightings in the action turtle is risk of sea turtle impingements caused by the area must be reported to NMFS. recovered at OCNGS intake structures to essentially zero OCNGS intake in any particular year. Accordingly, merely structures. sighting a sea turtle near the intake structures should not warrant reporting.

However, if a sea turtle is recovered at the OCNGS intake structures, Exelon agrees that NMFS must be notified, regardless of the condition of the turtle.

3. All live sea turtles must be Sea turtles The greatly reduced OCNGS intake water transported to an appropriate recovered at flow rate after December 2018 will reduce the facility for necessary rehabilitation OCNGS intake risk of sea turtle impingements caused by the and release into the wild. structures shall OCNGS intake structures to essentially zero be transported in any particular year. Even so, Exelon to an agrees that notification of NMFS would be appropriate required upon recovery of a sea turtle at an facility for further OCNGS intake structure, and Exelon agrees evaluation. to transport recovered sea turtles to an appropriate facility for evaluation.

4. A necropsy of any dead sea NIA - This The greatly reduced OCNGS intake flow rate turtles must be undertaken measure is no beginning in December 2018 is not expected promptly. to attempt to identify the longer to cause the death of a healthy sea turtle; cause of death, particularly necessary therefore, OCNGS should not be required to whether the sea turtle died as a necropsy recovered sea turtles that die. Even result of interactions with the so, Exelon agrees that notification of NMFS intakes. would be required upon recovery of a dead sea turtle, regardless of the cause of death, and Exelon agrees to transport such sea turtles to an appropriate facility for evaluation as a measure for implementing RPM #3.

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-7 Table 4: Proposed Changes to "Terms and Conditions" Stated In the 2011 ITS Text of Terms and Conditions Suggested Explanatory Comments From the 2011 ITS Revised Text

1. To implement RPM #1, the To implement After the CWS and DWS cease operating, sea CWS and DWS (when RPM #1, turtles will not be captured by CWS and DWS operational) intake trash bars cleaning of the intake flows. Therefore, mitigation of turtle must be cleaned daily from intake trash impingements through daily trash bar cleaning June 1 to October 31. bars will occur from June 1 to October 31 should not be as-needed to mandatory. Instead, Exelon proposes to clean support facility the trash bars only as often as needed to support operations. facility operations.

a) Cleaning must include the full To lessen the Although the greatly reduced OCNGS intake length of the trash rack, i.e., possibility of water flow rate after December 2018 is not down to the bottom of each injury to a turtle expected to capture sea turtles, if a sea turtle is intake bay. To lessen the when trash bar present during trash bar cleaning, it could be possibility of injury to a turtle, cleaning incidentally affected by the raking process.

the raking process must be occurs, the Accordingly, Exelon agrees that monitoring for closely monitored so that it can raking process the presence of sea turtles when the raking be stopped immediately if a shall be process is performed to support facility operation turtle is sighted. monitored so it would be prudent. However, cleaning of the full can be stopped length of the trash rack should not be mandatory.

if a turtle is sighted.

b) Personnel must be instructed Personnel shall Although the greatly reduced OCNGS intake to look beneath surface debris examine water flow after December 2018 is not expected before the rake is used to surface debris to capture sea turtles, if a sea turtle is present lessen the possibility of injury before the rake during trash bar cleaning, it could be incidentally to a turtle. is used to affected by the raking process. Accordingly, lessen the Exelon agrees that examining surface debris for possibility of the presence of sea turtles before the raking injury to a turtle. process begins would be prudent.

c) Personnel cleaning the racks Personnel shall Although the greatly reduced OCNGS intake must inspect all trash that is examine debris water flow after December 2018 is not expected dumped to ensure that no sea container to capture sea turtles, a sick, injured, or turtles are present within the contents to deceased sea turtle could be among debris debris. ensure that no collected by the raking process. Accordingly, sea turtles are Exelon agrees that examining the contents present within dumped from the debris container would be the debris. prudent.

d) An alternative method of daily NIA - This term The greatly reduced OCNGS intake water flow cleaning of the full length of the and condition is after December 2018 is not expected to capture trash racks must be developed no longer sea turtles. Therefore, mitigation of sea turtle for use between June 1 necessary. impingements through daily trash bar cleaning through October 31 when the from June 1 to October 31 should not be trash rake is unavailable due to mandatory, and the requirement for an necessary repair or alternative method of daily cleaning to be maintenance or is otherwise available within 24-hours if the trash raking inoperable. If the trash rake will system becomes inoperable between June 1 and be inoperable for more than 24 October 31 also should not be mandatory.

hours, Exelon or NRC must

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-8 Text of Terms and Conditions Suggested Explanatory Comments From the 2011 ITS Revised Text contact NMFS and explain Exelon proposes to clean the trash rack only as what alternate arrangements often as needed to support facility operations.

have been made to ensure that the full length of the trash racks is cleaned at least once per 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />

2. To implement RPM #1, NIA - This term The greatly reduced OCNGS intake water flow inspection of CWS and DWS and condition is after December 2018 is not expected to capture cooling water intake trash bars no longer sea turtles. Therefore, mitigation of sea turtle (and immediate area necessary. impingements through inspections and upstream) must continue to be recordkeeping should not be mandatory. Exelon conducted at least once every proposes to inspect the trash racks only as often 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> (three times per 12- as needed to support facility operations.

hour shift) from June 1 through October 31. NRC must ensure Adequate facility personnel shall remain that inspections follow a set available to support RPM#1.

schedule so that they are regularly spaced rather than clumped. Inspections must occur at least three times during each 12-hour shift. A proposed schedule would be to schedule inspections 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> after the start of each shift and then every 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> during the shift. Times of inspections, including those when no turtles were sighted, must be recorded.

3. To implement RPM #1, lighting NIA - This term The greatly reduced OCNGS intake water flow must be maintained at the and condition is after December 2018 is not expected to capture intake bays to enable no longer sea turtles. Therefore, nighttime inspections of inspection personnel to see necessary. the intake bays should not be mandatory. Exelon the surface of each intake bay proposes to maintain adequate lighting at the and to facilitate safe handling intake bays to assure personnel safety. If a sea of turtles which are discovered turtle is recovered at the OCNGS intake at night. Portable spotlights structures, it would be handled during daylight must be available at both the hours to support RPM#1.

CWS and the DWS for times when extra lighting is needed.

4. To implement RPM #1, dip To implement Although the greatly reduced OCNGS intake nets, baskets, and other RPM #1, dip water flow after December 2018 is not expected equipment must be available at nets, baskets, to capture sea turtles, Exelon agrees that both the CWS and the DWS slings, and equipment should be maintained for use by and must be used to remove other OCNGS personnel if a sea turtle requires rescue smaller sea turtles from the equipment shall or recovery at the OCNGS intake structures.

OCNGS intake structures to be available at reduce trauma caused by the the facility for existing cleaning mechanism. use in removal Equipment suitable for

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-9 Text of Terms and Conditions Suggested Explanatory Comments From the 2011 ITS Revised Text rescuing large turtles (e.g., of sea turtles rescue sling or other provision) from the intake.

must be available at OCNGS and readily accessible from the CWSand DWS.

5. To implement RPM #1, an NIA - This term Although Exelon agrees that notification of attempt to resuscitate and condition is NMFS would be required upon recovery of a sea comatose sea turtles must be no longer turtle at the OCNGS intake structures, and made according to the necessary. Exelon agrees to implement RPM #1 by procedures described in transporting recovered sea turtles to an Appendix II. These procedures appropriate facility for evaluation, OCNGS must be posted in appropriate personnel should not be required to resuscitate areas such as the intake bay comatose sea turtles because the greatly areas for both the CWS and reduced OCNGS intake water flow after the DWS, any other area December 2018 is not expected to capture where turtles would be moved turtles, and therefore, not expected to cause for resuscitation, and the CWS them to become comatose.

and DWS operator's office(s).

6. To implement RPM #2, NIA - This term The greatly reduced OCNGS intake water flow OCNGS personnel must and condition is after December 2018 is not expected to capture observe the canal area for sea no longer sea turtles. Accordingly, requiring OCNGS turtles where and when necessary. personnel to notify NMFS within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of possible (i.e., during the every sea turtle sighting in the OCNGS vicinity is daylight hours). Any sea turtles not warranted due to the reduced risk of capture.

sighted in the canal and in vicinity of OCNGS (not necessarily only near the intake structures) must be reported to NMFS within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the observation (NMFS Section 7 Coordinator at (978) 281-9328 or FAX (978) 281-9394).

7. To implement RPM #2, if any To implement The greatly reduced OCNGS intake water flow live or dead sea turtles are RPM #2, the after December 2018 is not expected to capture taken at OCNGS, plant NMFS must be sea turtles. However, if a sea turtle is recovered personnel must notify NMFS notified if a sea at an OCNGS intake structure, Exelon agrees within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the take turtle is that notification of NMFS would be required, and (NMFS Endangered Species recovered at additional documentation is warranted for Coordinator at 978-281-9208). the DWS or circumstances in which a recovered sea turtle An incident report for sea turtle CWS intake has been incidentally harmed by facility take (Appendix Ill) must also structure components.

be completed by plant (NMFS personnel and sent to the Endangered NMFS Section 7 Coordinator Species via FAX (978-281-9394) within Coordinator at 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the take. Every 978-281-9208).

sea turtle must be photographed. Information in If a recovered Appendix IV will assist in sea turtle has

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-1 o Text of Terms and Conditions Suggested From the 2011 ITS Revised Text Explanatory Comments identification of species been impaired impinged. All sea turtles that byOCNGS are sighted within the vicinity components or of OCNGS (including the equipment, a intake and discharge sea turtle structures) must also be incident report recorded, and this information and must be submitted in the photographs annual report. (Appendix Ill) shall be completed by plant personnel and sent to the NMFS Section 7 Coordinator via FAX (978-281-9394).

8. To implement RPM #2, an NIA - This term The greatly reduced OCNGS intake water flow annual report of incidental and condition is after December 2018 is not expected to capture takes must be submitted to no longer sea turtles. However, if a sea turtle is recovered NMFS by January 1 of each necessary. at an OCNGS intake structure, Exelon agrees year. This report will be used that notification of NMFS would be required.

to identify trends and further Furthermore, additional documentation would be must include, as detailed provided to NMFS for circumstances in which the above, all necropsy reports, recovered sea turtle has been incidentally incidental take reports, harmed by facility components. Nevertheless, photographs (if not previously Exelon anticipates that during the post-shutdown submitted), a record of all period from December 2018 through license sightings in the vicinity of termination the number of sea turtles recovered OCNGS, and a record of when at OCNGS intake structures will be so small that inspections of the intake trash the requirement for submittal of an annual bars were conducted for the 24 summary report is no longer warranted.

hours prior to the take. The annual report must also include any potential measures to reduce sea turtle impingement or mortality at the intake structures. This annual report must also include information on arrangements made with a STSSN facility to handle sea turtles taken in the coming year. The report must also include all necropsy reports. At the time the report is submitted, NMFS will supply NRG and Exelon with any information on changes to reporting requirements (i.e.,

staff chanoes, phone or fax

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-11 Text of Terms and Conditions Suggested Explanatory Comments From the 2011 ITS Revised Text numbers, e-mail addresses) for the coming year.

9. To implement RPM #2, OGNGS NIA - This term Exelon agrees that NMFS must be notified if sea personnel or NRG must notify and condition is turtles are recovered at an OGNGS intake NMFS when the OGNGS no longer structure, and that records of such notifications reaches 50% of the incidental necessary. must be available to the NRG upon request in take level for any species of support of RPM#2. Nevertheless, because the sea turtle. At that time, NRG greatly reduced OGNGS intake water flow after and NMFS will determine if December 2018 is not expected to capture sea additional measures are turtles, Exelon anticipates that during the post-needed to minimize shutdown period from December 2018 through impingement at the GWS or license termination the number of sea turtles DWS intake structures. recovered at OGNGS intake structures will be so small that a requirement to evaluate the need for additional mitigation measures will not be needed.

10. To implement RPM#2, in any NIA - This term The greatly reduced intake flow rate at the year when the estimated and condition is OGNGS intake structures beginning in annual level of take (lethal and no longer December 2018 is not expected to capture sea non-lethal) is exceeded, NRG necessary. turtles. Even so, if a sea turtle is recovered at an must work with NMFS to OGNGS structure, Exelon agrees that determine whether the notification of NMFS would be required.

additional take represents new However, since operation of the OGNGS would information revealing effects of not be the cause of any reported sea turtle the action that may not have recovery, it should not be necessary to evaluate been previously considered. whether the level of turtle recoveries represents "new information revealinQ effects of the action."

11 . To implement RPM #3, a To implement No change to this term and condition is proposed stranding/rehabilitation facility RPM #3, a beyond minor clarifying edits. Exelon agrees that with the appropriate ESA stranding/ this condition is appropriate as a measure for authority must be contacted rehabilitation implementing RPM #3, as revised.

immediately following any live facility with the sea turtle take. Appropriate appropriate transport methods must be ESA authority employed following the shall be stranding facilities protocols, to contacted transport the animal to the care immediately of the stranding/rehabilitation following any personnel for evaluation, live sea turtle necessary veterinary care, take.

tagging, and release in an Appropriate appropriate location and transport habitat. methods shall be employed following the stranding facility's protocols, to transport the animal to the care of the

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-12 Text of Terms and Conditions Suggested Explanatory Comments From the 2011 ITS Revised Text stranding/

rehabilitation personnel for evaluation, necessary veterinary care, tagging, and release in an appropriate location and habitat.

12. To implement RPM #4, all NIA - This term As explained above in the Suggested Revised dead sea turtles must be and condition is Text of "Reasonable and Prudent Measures" tor necropsied by qualified no longer RPM #4, OCNGS should not be required to personnel. The OCNGS must necessary. necropsy dead sea turtles recovered at the coordinate with a qualified OCNGS intake structures because the greatly facility or individual to perform reduced OCNGS intake flow rate beginning in the necropsies on sea turtles December 2018 is not expected to cause the impinged at OCNGS, prior to death of a sea turtle.

the incidental turtle take, so that there is no delay in However, if recovered sea turtles are incidentally performing the necropsy or harmed by facility components or equipment, a obtaining the results. The sea turtle incident report and photographs necropsy results must identify, (Appendix Ill) shall be completed by plant when possible, the sex of the personnel and sent to the NMFS Section 7 turtle, stomach contents, and Coordinator via FAX (978-281-9394} as required the estimated cause of death. by Item 7 in these Terms and Conditions.

Necropsy reports must be submitted to the NMFS Northeast Region with the annual review of incident reports or, if not yet available, within 60 days of the incidental take.

REFERENCES

1) Letter from P. Kurkul, NOAA National Marine Fisheries Service to A. Imboden. U.S.

Nuclear Regulatory Commission - "Oyster Creek Nuclear Generating Station," dated November 21, 2011 (ML12006A217)

2) New Jersey Department of Environmental Protection - "Administrative Consent Order in The Matter Of Exelon Generation Company, LLC. Oyster Creek Generating Station," December 9, 2010.

3) Letter from Michael P. Gallagher, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - "Certification of Permanent Cessation of Power Operations

Attachment Reinitiation of Consultation With NOAA Docket Nos. 50-219 and 72-15 Page A-13 for Oyster Creek Nuclear Generating Station," dated February 14, 2018 (ML18045A084)

4) Letter from M. Gallagher (Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - "Oyster Creek Nuclear Generating Station - Post-Shutdown Decommissioning Activities Report," dated May 21, 2018 (ML18141A590)

5) Electronic Mail Capture from John Lamb (U.S. Nuclear Regulatory Commission) to David Helker (Exelon Generation Company, LLC), "Oyster Creek Permanently Ceases Power Operations," dated September 17, 2018 (ML18263A163)

6) Letter from Michael P. Gallagher, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - "Certification of Permanent Removal of Fuel from the Reactor Vessel for Oyster Creek Nuclear Generating Station," dated September 25, 2018 (ML18268A258)