ML24088A303
| ML24088A303 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 03/28/2024 |
| From: | Carrie Safford NRC/SECY |
| To: | |
| SECY RAS | |
| References | |
| RAS 56975, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 | |
| Download: ML24088A303 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of
DUKE ENERGY CAROLINAS, LLC, Docket Nos. 50-269-SLR-2 50-270-SLR-2 (Oconee Nuclear Station Units 1, 2, and 3) 50-287-SLR-2
ORDER
On February 13, 2024, the Nuclear Regulatory Commission issued a notice in the
Federal Register providing an opportunity to request a hearing and petition for leave to
intervene with respect to the Draft Supplemental Environmental Impact Statement for Duke
Energy Carolinas, LLCs subsequent license renewal application for Oconee Nuclear Station,
Units 1, 2, and 3. 1 The Federal Register notice set a deadline of April 15, 2024, for fil ing a
hearing request.
Subsequently, on March 18, 2024, Beyond Nuclear and Sierra Club (together,
Petitioners) filed a motion to extend by two weeks, until April 29, 2024, the deadline for
Petitioners to request a hearing in this proceeding. 2 The Petitioners represent that the applicant
has agreed not to oppose this extension request provided that its deadline to respond to such a
1 Duke Energy Carolinas, LLC; Oconee Nuclear Station, Units 1, 2, and 3; Draft Supplemental Environmental Impact Statement, 89 Fed. Reg. 10,107 (Feb. 13, 2024) (Hearing Notice).
2 Motion by Beyond Nuclear and Sierra Club for Extension of Time to Submit Hearing Reques t (Mar. 18, 2024) (ADAMS Accession no. ML24078A146).
hearing request is also extended by seven days, to May 31, 2024. 3 In addition, the Petitioners
state in the motion that the NRC Staff has not taken a position on the extension request. 4
As good cause for the requested extension, the Petitioners cite conflicting litigation
obligations, a personal commitment, and that they reasonabl y anticipated that the Commission
would withdraw the hearing request in light of the circumstances in two other subsequent
license renewal proceedings. 5 Under Commission precedent litigation burden is not good cause
for an extension. 6
3 Id. at 1.
4 Id. at 2.
5 Id.at 1-2. The Petitioners cite subsequent license renewal proceedings for North Anna Power Station, Units 1 and 2, and Turkey Point Nuclear Generating, Units 3 and 4, the draft supplemental environmental impact statements of which were similarly noticed for hearing opportunities in accordance with Commission direction. CLI 3, 95 NRC 40, 42 (2022). In the Turkey Point proceeding, the Atomic Safety and Licensing Board certified a question to the Commission concerning language in CLI-22-3, specifically, whether the Staff should have waited to issue the notice of opportunity for hearing until the completion of the f inal supplemental environmental impact statement. Florida Power & Light Co. (Turkey Point Nuclear Generating Units 3 and 4), LBP-24-1, 99 NRC __, __ (Jan. 31, 2024) (slip op. at 4).
The Commission recently issued an order in which it accepted the Boards certification and found the Staffs interpretation of CLI-22-3 with respect to the timing of the hearing notice acceptable. Florida Power & Light Co. (Turkey Point Nuclear Generating Units 3 and 4),
CLI-24-1, 99 NRC __, __ (Mar. 7, 2024) (slip op. at 6).
6 See Consolidated Edison Co. of New York (Indian Point, Units 1 and 2), CLI-01-8, 53 NRC 225, 229-30 (2001) (quoting Niagara Mohawk Power Corp. ( Nine Mile Point, Units 1 & 2), 50 NRC 333, 343 (1999) ).
Nevertheless, in this instance, the participants have consulted, the Petitioners and the
applicant have reached agreement, and the motion is unopposed. Therefore, pursuant to my
authority under 10C.F.R. § 2.346(b), I extend the deadline for all persons to file a hearing
request in this proceeding until April 29, 2024. The deadline for answers to timely hearing
requests shall be May 31, 2024, and the deadline for any replies shall be June 7, 2024.
Petitions tointervene and requests for hearing shall be filed consistent with the instructions set
out in the Electronic Submissions (E-Filing) section of the Hearing Notice.
For the Commission
Carrie M. Safford Secretary of the Commission
Dated at Rockville, Maryland, This 28th of March 2024.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
DUKE ENERGY CAROLINAS, LLC, ) Docket Nos. 50-269
) 50-270
)0L-2R8-72 S 5
)
(Oconee Nuclear Station Units 1, 2, and 3) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing ORDER (Granting Motion to Extend Time to File a Hearing Request) 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 General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov David Roth Susan H. Vrahoretis Mary Frances Woods U.S. Nuclear Regulatory Commission Megan Wright Office of the Secretary of the Commission Kevin Bernstein Mail Stop: O-16B33 Caitlin R. Byrd, Law Clerk Washington, DC 20555-0001 Georgiann E. Hampton, Law Clerk E-mail: hearingdocket@nrc.gov E-mail: david.roth@nrc.gov susan.vrahoretis@nrc.gov mary.woods@nrc.gov U.S. Nuclear Regulatory Commission megan.wright@nrc.gov Atomic Safety and Licensing Board Panel kevin.bernstein@nrc.gov Mail Stop: T-3F23 caitlin.byrd@nrc.gov Washington, DC 20555-0001 georgiann.hampton@nrc.gov Edward Roy Hawkens, Chief Administrative Judge E-mail: roy.hawkens@nrc.gov Counsel for Duke Energy Carolinas, LLC Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW WashingEdton, DC 20004 Paul Bessette Ryan K. Lighty E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com
Duke Energy Carolinas, LLC (Oconee Nuclear Station Units 1, 2, and 3, Docket Nos. 50-269, 50-270, and 50-287 SLR-2)
ORDER (Granting Motion to Extend Time to File a Hearing Request)
Counsel for Beyond Nuclear and Beyond Nuclear Reactor Oversight Project Sierra Club 7304 Carroll Avenue #182 Takoma Park, Harmon, Curran, Spielberg, & MD 20912 Paul Gunter E-mail:
Eisenberg, LLP paul@beyondnuclear.org 1725 DeSales Street, N.W.
Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com
Office of the Secretary of the Commission
Dated at Rockville, Maryland, this 28th day of March 2024.
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