ML060860052

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Request Initiation for a Formal Consultation for Ongoing Activities Related to the Operation of Turkey Point, Units 3 and 4
ML060860052
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 03/24/2006
From: Gillespie F
NRC/NRR/ADRO/DLR
To: Wrublik J
US Dept of Interior, Fish & Wildlife Service
Nash H, REBB/DLR/NRR, 415-4100
References
TAC MC9679, TAC MC9680
Download: ML060860052 (4)


Text

March 24, 2006 Mr. John M. Wrublik U.S. Fish and Wildlife Service Vero Beach Ecological Services Office 1339 20th Street Vero Beach, Florida 32960

SUBJECT:

REQUEST INITIATION FOR A FORMAL CONSULTATION FOR ONGOING ACTIVITIES RELATED TO THE OPERATION OF TURKEY POINT, UNITS 3 AND 4 (TAC NOS. MC9679 AND MC9680)

Dear Mr. Wrublik:

The U.S. Nuclear Regulatory Commission (NRC) is requesting initiation for a formal consultation, in accordance with Section 7 of the Endangered Species Act of 1973, as amended, regarding the ongoing activities related to the operation of Turkey Point, Units 3 and

4. The Turkey Point Power Plant is located in Miami-Dade County, Florida, and is operated by the Florida Power & Light Company (FPL). On December 21, 2005, an FPL Environmental Specialist discovered a dead American crocodile (Crocodylus acutus) during a routine daily wildlife survey. The animal was a 47.2-cm-long juvenile female weighing 230.4 g. The crocodile was apparently hit by a vehicle on the road immediately south of the test canals.

It is unknown whether the vehicle that hit the crocodile was affiliated with activities under the jurisdiction of the NRC or under the jurisdiction of the U.S. Army Corps of Engineers (Corps),

which issued a permit in accordance with Section 404 of the Clean Water Act for FPLs Turkey Point Power Plant Expansion Project. On February 16, 2006, representatives of the U.S. Fish and Wildlife Service (FWS), the NRC, the Corps, and the FPL met at the Turkey Point site to discuss the crocodile mortality and tour the site. Various options of conducting the Section 7 consultation were discussed at the meeting, but a conclusion was not reached at that time.

On March 3, 2006, representatives of the FWS and the NRC participated in a conference call and concluded that the NRC would be the only action agency involved in the Section 7 consultation regarding the 2005 American crocodile mortality at Turkey Point. Operations under the NRCs jurisdiction will continue after FPLs Turkey Point Power Plant Expansion Project has concluded; therefore, it was decided that the Corps would not be required to participate in this Section 7 consultation.

The NRC staff has determined that ongoing activities related to the operation of Turkey Point, Units 3 and 4 may affect, but are not likely to jeopardize the continued existence of, the American crocodile. The healthy population of the American crocodile at the Turkey Point site reproduces successfully and is predicted to expand quickly. Therefore, the probability of another incidental take may increase over time as the number of crocodiles at the site increases. Given the amount of information available describing Turkey Point operations, the FWS determined that the NRC does not need to submit a Biological Assessment. Therefore, the NRC staff hereby requests an Incidental Take Statement for the American crocodile for the Turkey Point site. The NRC staff suggests that the FWS calculate the incidental take limit to be

J. Wrublik a percentage of the existing American crocodile population at Turkey Point. Also, the NRC staff requests to review the draft Biological Opinion before the consultation is concluded.

If you have any questions regarding the staffs request, please contact Ms. Harriet Nash of the Environmental Branch at 301-415-4100 or by e-mail at hln@nrc.gov.

Sincerely,

/RA Pao-Tsin Kuo For/

Frank Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc w/encl: See next page

J. Wrublik a percentage of the existing American crocodile population at Turkey Point. Also, the NRC staff requests to review the draft Biological Opinion before the consultation is concluded.

If you have any questions regarding the staffs request, please contact Ms. Harriet Nash of the Environmental Branch at 301-415-4100 or by e-mail at hln@nrc.gov.

Sincerely,

/RA Pao-Tsin Kuo For/

Frank Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc w/encl: See next page DISTRIBUTION:

F. Gillespie/P. T. Kuo (RidsNrrDlr)

R. Franovich (RidsNrrDlrRebb)

M. Masnik H. Nash B. Moroney Adams Accession no.: ML060860052 E:\\Filenet\\ML060860052.wpd OFFICE:

LA:RLEP PM:REBB BC:REBB DD:DLR NAME:

Y. Edmonds H. Nash R. Franovich F. Gillespie DATE:

03/222/06 03/232/06 03/242/06 03/24/06 OFFICIAL RECORD COPY

Florida Power and Light Company TURKEY POINT PLANT cc:

Mr. William E. Webster Vice President, Nuclear Operations Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.

Suite 220 Washington, DC 20004 Terry O. Jones Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 County Manager Miami-Dade County 111 Northwest 1 Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344th Street Florida City, Florida 33035 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Michael O. Pearce Plant General Manager Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 Walter Parker Licensing Manager Turkey Point Nuclear Plant 9760 SW. 344th Street Florida City, FL 33035 Mark Warner, Vice President Nuclear Operations Support Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Fred Emerson Nuclear Energy Institute 1776 I Street, N.W., Suite 400 Washington, DC 20006-3708 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420