ML21327A200
| ML21327A200 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 11/23/2021 |
| From: | Bessette P, Leroy T, Lighty R Duke Energy Carolinas, Duke Energy Corp, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-269-SLR, 50-270-SLR, 50-287-SLR, ASLBP 22-973-01-SLR-BD01, RAS 56311 | |
| Download: ML21327A200 (3) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of: ) Docket Nos. 50-269-SLR
) 50-270-SLR and DUKE ENERGY CAROLINAS, LLC ) 50-287-SLR
)
(Oconee Nuclear Station, Units 1, 2 and 3) ) November 23, 2021
)
DUKE ENERGY CAROLINAS, LLCS RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS NOVEMBER 16, 2021 ORDER I. INTRODUCTION On November 15, 2021, applicant Duke Energy Carolinas, LLC, (Duke) filed a motion to strike (Motion)1 portions of the November 5, 2021 reply pleading (Reply)2 filed by petitioners Beyond Nuclear, Inc., and the Sierra Club, Inc. (collectively Petitioners). On November 16, 2021, the Atomic Safety and Licensing Board (Board) issued an order establishing a briefing schedule associated with the Motion (Order).3 Among other things, the Order stated that:
[w]ithin two business days of the E-Filing notice indicating the transcript of the November 16, 2021 oral argument has been submitted to the agencys Electronic Hearing Docket (EHD),
applicant Duke may submit a pleading of no more than five pages in length supplementing its motion to strike relative to any 1
[Dukes] Motion to Strike Portions of the Reply Filed by [Petitioners] (Nov. 15, 2021) 2 Petitioners Reply to Oppositions by Duke Energy Corp. and NRC Staff to Petitioners Hearing Request and Petition to Intervene and Waiver Petition (Nov. 5, 2021) (ML21309A774) 3 Licensing Board Order (Establishing Briefing Schedule Associated with Applicant Duke Energy Carolinas, LLCs Motion to Strike) (Nov. 16, 2021).
discussion at the oral argument that might be encompassed by its claims regarding section II.B.4 of Petitioners reply pleading.4 The E-Filing notice for the oral argument transcript was served on November 19, 2021.5 After reviewing the transcript, Duke believes that no new arguments related to the Motion and section II.B.4 of the Reply were raised at oral argument, and that the Motion sufficiently describes the reasons the core arguments raised in section II.B.4 of the Reply should be stricken. Accordingly, Duke does not plan to submit a supplement to the Motion.
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d) Executed in Accord with 10 C.F.R. § 2.304(d)
Tracey M. LeRoy, Esq. Paul M. Bessette, Esq.
DUKE ENERGY CORPORATION MORGAN, LEWIS & BOCKIUS LLP 4720 Piedmont Row Drive 1111 Pennsylvania Avenue, N.W.
Charlotte, NC 28210 Washington, D.C. 20004 (704) 382-8317 (202) 739-5796 tracey.leroy@duke-energy.com paul.bessette@morganlewis.com Signed (electronically) by Ryan K. Lighty Ryan K. Lighty, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5274 E-mail: ryan.lighty@morganlewis.com Counsel for Duke Energy Carolinas, LLC Dated in Washington, D.C.
this 23rd day of November 2021 4
Id. at 2.
5 E-mail from hearingdocket@nrc.gov to participants of the above-captioned proceeding, noting It was submitted through the NRC Electronic Information Exchange (EIE) system and arrived on 11/19/2021 at 03.24 PM.
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of: ) Docket Nos. 50-269-SLR
) 50-270-SLR and DUKE ENERGY CAROLINAS, LLC ) 50-287-SLR
)
(Oconee Nuclear Station, Units 1, 2 and 3) ) November 23, 2021
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of Duke Energy Carolinas, LLCs Response to the Atomic Safety and Licensing Boards November 16, 2021 Order was served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned docket.
Signed (electronically) by Ryan K. Lighty Ryan K. Lighty, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5274 E-mail: ryan.lighty@morganlewis.com Counsel for Duke Energy Carolinas, LLC DB1/ 125828043