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 ofthe operating license for the Columbia Generating Station on May 22, 2012. This development requires a reassessment ofthe 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 ofAugust 23, 2011, NRC initiated an informal consultation with NMFS pursuant to Section 7(a)(2) ofthe ESA, based onNRC'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 ofOctober 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, largelybecause 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 a n intake structure. The consequence ofour inability to concurwith NRC'sNLAA 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 ofour position that we could not concur with NRC's NLAA determination. We have considered this information and continue to find that issuance ofa 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 ofNRC's decision to issue the license renewal despite the pendency ofthe ESA consultation, NMFS now requires additional procedural information

. The


# @ Printed on Rccycled Papcr2 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 ofresources with respect to the agency action which has the effect offoreclosing the formulation or implementation ofany reasonable and prudent alternative measures which would" avoidjeopardizing listed species or adversely modifying critical habitat. Please advise NMFS ofany 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 ofNRC's continuing discretion regarding the configuration and operation ofthe Columbia Generating Station. Once NMFS receives this information we can better assess the appropriate next steps in this ESA consultation.

cc: Dennis Logan, Division ofLicense Renewal Sincerely,

# !M**~zlIL** William W. Stelle, Jr. Regional Administrator