ML14100A372

Response to EPA Comment on Informal Consultation Between the NRC and U.S. Fish and Wildlife Service Regarding the Endangered Species Act with Respect to the Nrc'S Review

ML14100A372
Person / Time
Site:	South Texas
Issue date:	05/15/2014
From:	John Lubinski Division of License Renewal
To:	Rich Smith Environmental Protection Agency
Tran T, 415-3617
References
Download: ML14100A372 (4)

Text

May 15, 2014 Ms. Rhonda Smith, Chief Office of Planning and Coordination U.S. Environmental Protection Agency, Region 6 1145 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

SUBJECT:

RESPONSE TO EVIRONMENTAL PROTECTION AGENCY COMMENT ON INFORMAL CONSULTATION BETWEEN THE NUCLEAR REGULATORY COMMISSION AND U.S. FISH AND WILDLIFE SERVICE REGARDING THE ENDANGERED SPECIES ACT WITH RESPECT TO THE NUCLEAR REGULATORY COMMISSION REVIEW OF THE SOUTH TEXAS PROJECT LICENSE RENEWAL APPLICATION

Dear Ms. Smith:

The U.S. Nuclear Regulatory Commission (NRC) staff is in the final stages of its review of the STP Nuclear Operating Companys (STPNOC) application for renewal of the South Texas Project (STP) operating licenses for an additional 20 years. The NRC is charged with the responsibility of reviewing and approving the license renewal application pursuant to Section 103 of the Atomic Energy Act of 1954, as amended. This letter responds to your letter dated December 17, 2013, regarding the status of informal consultation between the NRC and U.S.

Fish and Wildlife Service (USFWS). The staff appreciates your input and assistance in reviewing and commenting upon the supplemental environmental impact statement (SEIS) for the South Texas Project (STP) license renewal.

As a part of its review of the STP license renewal application, the NRC staff prepared a Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 48, Regarding South Texas Project, Units 1 and 2, pursuant to the National Environmental Policy Act of 1969, as amended. The staff worked closely with you and others at the EPA, Region 6, on the review of this SEIS, as appropriate. The final SEIS conclusion states: the NRC staffs recommendation is that the adverse environmental impacts of license renewal for STP are not great enough to deny the option of license renewal for energy planning decision makers.

As noted in your letter, at the time of issuance of the final SEIS in November 2013, informal Section 7 consultation between NRC and USFWS had not been finalized. The USFWS provided its concurrence regarding the staff analysis and conclusion in the final SEIS for the STP license renewal in its letter dated March 28, 2014. A copy of the USFWS concurrence is publicly available on the docket (Agencywide Documents Access & Management System Accession No. ML14087A234) and enclosed.

Regarding your request that the USFWS concurrence be included in the NRC Record of Decision (ROD) of the license renewal, 10 CFR 51.103, which sets forth the required content of an NRC ROD, does not require inclusion of such information. However, the staff will note receipt of the March 28, 2014, concurrence letter in the STP ROD. The

R. Smith staff will provide you a copy of the ROD upon completion of the staff review and issuance of the renewed licenses, as requested and consistent with 10 CFR 51.102.

If you have any questions regarding this matter, please contact the license renewal project manager, Mr. Tam Tran, at 301-415-3617 or e-mail tam.tran@nrc.gov.

Sincerely,

/RA/

John Lubinski, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc w/encl: Listserv

ML14111A442 (Pkg)

ML14100A372 (Ltr)

ML14087A234 (Encl 1)

ML14002A262 (Encl 2) *concurred via email OFFICE LA:DLR* PM:RPB2:DLR OGC/NLO BC:RPB2:DLR NAME IKing TTran MYoung BWittick DATE 4/11/14 4/16/14 5/15/14 5/14/14 OFFICE BC:RERB:DLR D:DLR NAME DWrona JLubinski DATE 4/21/14 5/15/14

Letter to R. Smith from J. Lubinski dated May 15, 2014

SUBJECT:

RESPONSE TO EVIRONMENTAL PROTECTION AGENCY COMMENT ON INFORMAL CONSULTATION BETWEEN THE NUCLEAR REGULATORY COMMISSION AND U.S. FISH AND WILDLIFE SERVICE REGARDING THE ENDANGERED SPECIES ACT WITH RESPECT TO THE NUCLEAR REGULATORY COMMISSIONS REVIEW OF THE SOUTH TEXAS PROJECT LICENSE RENEWAL APPLICATION DISTRIBUTION:

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