ML21326A114

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Memorandum and Order (Request to Provide Post-Initial Prehearing Conference Information)
ML21326A114
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 11/22/2021
From: Bollwerk G
Atomic Safety and Licensing Board Panel
To:
Beyond Nuclear, Duke Energy Carolinas, NRC/OGC, Sierra Club
SECY RAS
References
50-269-SLR, 50-270-SLR, 50-287-SLR, ASLBP 22-973-01-SLR-BD01, RAS 56310
Download: ML21326A114 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:

G. Paul Bollwerk, III, Chairman Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of Docket Nos. 50-269-SLR, 50-270-SLR, and 50-287-SLR DUKE ENERGY CAROLINAS, LLC ASLBP No. 22-973-01-SLR-BD01 (Oconee Nuclear Station, Units 1, 2, and 3)

November 22, 2021 MEMORANDUM AND ORDER (Request to Provide Post-Initial Prehearing Conference Information)

During the November 16, 2021 initial prehearing conference the Licensing Board inquired about, but was not able to obtain a participant response providing the documentary or other supporting basis for, the following statement in a January 2011 Nuclear Regulatory Commission (NRC) Staff assessment regarding external flooding concerns at the Oconee facility:1 The random sunny-day failure scenario was selected after evaluation of the failure modes determined that the potential failure of the Jocassee Dam from either an overtopping event or seismic event was not credible.2 The Board subsequently indicated that it would provide the participants with a further indication about whether it wanted an answer regarding 1 Tr. at 99-102, 103-07.

2 Letter from Eric J. Leeds, Director, NRC Office of Nuclear Reactor Regulation, to Preston Gillespie, Site Vice President, Oconee Nuclear Station at 1 (Jan. 28, 2011) (ADAMS Accession No. ML110280153).

this and several other Board inquiries that elicited participant responses offering additional information following the conference.3 The Board has determined it would like post-conference responses to this inquiry regarding the supporting basis for this NRC Staff statement that evaluation of failure modes had found Jocassee Dam failure from overtopping or seismic events not credible. Accordingly, we establish the following schedule for participant submissions of no more than five pages on this subject.

Tuesday, November 30, 2021: Submissions from applicant Duke Energy Carolinas, LLC (Duke) and the NRC Staff Tuesday, December 7, 2021: Response to Duke and NRC Staff submissions from petitioners Beyond Nuclear, Inc., and Sierra Club, Inc. (collectively Petitioners) 4 It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

G. Paul Bollwerk, III, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 22, 2021 3 Tr. at 132.

4 As these submissions relate to the initial prehearing conference, absent some other Board issuance, for the purpose of calculating the 45-day period for issuance of the Boards decision on Petitioners intervention request and the admissibility of their contentions, that period will begin with the filing of Petitioners response to the Duke and NRC Staff submissions in response to this Board request for information. See 10 C.F.R. § 2.309(j).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

DUKE ENERGY CAROLINAS, LLC, ) Docket Nos. 50-269, 50-270 & 50-287-SLR DUKE ENERY )

)

(Oconee Nuclear Station )

Units 1, 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the MEMORANDUM AND ORDER (Request to Provide Post-Initial Prehearing Conference Information) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Susan Vrahoretis, Esq.

G. Paul Bollwerk, III, Chairman David E. Roth, Esq.

Administrative Judge Megan A. Wright, Esq.

Mary F. Woods, Esq.

Nicholas G. Trikouros Joseph M. Azeizat, Esq.

Administrative Judge Brian Newell, Senior Paralegal Georgiann E. Hampton, Paralegal Dr. Gary S. Arnold Amanda Black, Paralegal Administrative Judge E-mail: susan.vrahoretis@nrc.gov david.roth@nrc.gov Ian Curry, Law Clerk megan.wright@nrc.gov mary.woods@nrc.gov Brooke Taylor, Law Clerk joseph.azeizat@nrc.gov brian.newell@nrc.gov Allison Wood, Law Clerk georgiann.hampton@nrc.gov amanda.black@nrc.gov E-mail: paul.bollwerk@nrc.gov nicholas.trikouros@nrc.gov gary.arnold@nrc.gov ian.curry@nrc.gov brooke.taylor@nrc.gov allison.wood@nrc.gov

Oconee Power Station (Units 1, 2 and 3)

Docket Nos. 50-269, 50-270 and 50-287-SLR MEMORANDUM AND ORDER (Request to Provide Post-Initial Prehearing Conference Information)

Duke Energy Tracey LeRoy, Esq.

550 South Tryon Street, 45A Charlotte, NC 28202 tracey.leroy@duke-energy.com Counsel for Duke Energy Morgan, Lewis & Bockius LLP Paul Bessette, Esq.

Ryan Lighty, Esq.

1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com Beyond Nuclear Paul Vernon Gunter, Esq.

7304 Carroll Avenue #182 Takoma Park, MD 20912 paul@beyondnuclear.org Counsel for Beyond Nuclear Diane Curran, Esq.

Harmon, Curran, Spielberg and Eisenberg 1725 DeSales Street NW, Suite 500 Washington, DC 20036 dcurran@harmoncurran.com Krupskaya T. Digitally signed by Krupskaya T.

Castellon Castellon Date: 2021.11.22 11:56:32 -05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland, This 22nd day of November 2021.

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