Jeremy Susco 

Acting Branch Chief 

UNITED STATES DEPARTMENT OF COMMERCE 

National Ocaanic and Atmospheric Administration 

NATIONAL MARINE FISHERIES SERVICE 

Northwest Region 

7600 Sand Point Way N.E .. Bldg. 1 

Seattle. WA 98115 

June 11,2012 

Environmental Review and Guidance Update Branch 

U.S. Nuclear Regulatory Commission 

Washington, DC 20555-0001 

Subject: Columbia Generating Station, Consuitation 1\[0. VNWRl2011l05286 . 

Dear Mr. Susco: 

National Marine Fisheries Service (NMFS) understands that the Nuclear Regulatory Commission 

(NRC) issued a renewal of the operating license for the Columbia Generating Station on May 22, 

2012. This development requires a reassessment of the Endangered Species Act (ESA) 

consultation concerning your regulatory action since an ESA consultation is completed before 

the action under consultation is taken. 

By your letter of August 23, 2011, NRC initiated an informal consultation with NMFS pursuant 

to Section 7(a)(2) of the ESA, based on NRC's determination that renewing the operating license 

for this plant 'may affect' two ESA listed species. NRC also determined that its license renewal 

action was 'not likely to adversely affect' (NLAA) the listed salmonids in the Columbia River. 

NMFS responded by our letter of October 24,2011, that, pursuant to our ESA consultation 

regulations, 50 C.F.R. § 402. 14(a), NMFS did not concur with NRC's NLAA determination, 

largely because the current cooling water intake configuration is likely to cause adverse effects, 

including impingement and entrainment, to ESA listed species. NMFS cannot concur with an 

action agency's NLAA determination ifit determines that adverse effects are likely. As we 

mentioned m our letter, NMFS can provide NRC with design guidance for such an intake 

structure. The consequence of our inability to concur with NRC's NLAA determination is that 

informal consultation is not permitted for this license renewal action. As provided in our 

regulations, a formal consultation resulting in a biological opinion is required. 

At our request, following our October 24, 2011 letter, you provided NMFS with additional 

information concerning the cooling water intake structure for seeking reconsideration of our 

position that we could not concur with NRC's NLAA determination. We have considered this 

information and continue to find that issuance of a renewed license for the Columbia Generating 

Station' operation, in part due to its continued use ofthe existing cooling water intake structure, 

is likely to adversely affect listed salmonid species. 

To determine the significance of NRC's decision to issue the license renewal despite the 

pendency of the ESA consultation, NMFS now requires additional procedural information. The 

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only opportunity for continuing the ESA consultation for the renewed license for the Columbia 

Generating Station under ESA's Section 7 would depend on NRC's basis for deciding to proceed 

with its action. ESA Section 7( d) provides that an action agency, such as NRC, can proceed with 

its action while the ESA consultation continues, provided it makes a determination that by doing 

so NRC is not making "any irreversible or irretrievable commitment of resources with respect to 

the agency action which has the effect of foreclosing the formulation or implementation of any 

reasonable and prudent alternative measures which would" avoid jeopardizing listed species or 

adversely modifying critical habitat. 

Please advise NMFS of any determinations NRC has made under ESA § 7(d) and the basis for 

such a determination. Assuming NRC made an ESA § 7(d) determination, NMFS will need to 

understand the nature and scope of NRC's continuing discretion regarding the configuration and 

operation of the Columbia Generating Station. Once NMFS receives this information we can 

better assess the appropriate next steps in this ESA consultation. 

cc: Dennis Logan, Division of License Renewal 

Sincerely, 

William 

!MW. ~zlIL Stelle, Jr. 

Regional Administrator