ML24180A244
| ML24180A244 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 06/28/2024 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 57050, 50–269-SLR-2, 50–270-SLR-2, 50–287-SLR-2, ASLBP 24-985-03-SLR-BD01 | |
| Download: ML24180A244 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
G. Paul Bollwerk, III, Chair Dr. Sue H. Abreu Dr. Arielle J. Miller In the Matter of DUKE ENERGY CAROLINAS, LLC (Oconee Nuclear Station, Units 1, 2, and 3)
Docket Nos. 50-269-SLR-2, 50-270-SLR-2, and 50-287-SLR-2 ASLBP No. 24-985-03-SLR-BD01 June 28, 2024 MEMORANDUM AND ORDER (Regarding Status of Initial Prehearing Conference Transcript)
In this 10 C.F.R. Part 54 proceeding regarding the June 2021 subsequent license renewal application of Duke Energy Carolinas, LLC (Duke) for an additional twenty-year term for the 10 C.F.R. Part 50 operating licenses for Oconee Nuclear Station Units 1, 2, and 3, during the June 24, 2024 initial prehearing conference with the participants an issue was raised by the NRC Staff about the possibility that information being discussed might need to be treated as nonpublic. See Tr. at 86. The Board thus requested that the NRC Staff promptly review the transcript when it became available and let the Board and the other participants know of any concerns in that regard. See Tr. at 149.
In a July 27, 2024 e-mail to the Boards litigation support assistant, which was copied to the participants in this proceeding and accompanies this issuance as Attachment 1, NRC Staff counsel indicated that after reviewing the transcript the Staff did indeed have such a concern and requested that the transcript remain nonpublic during the pendency of the NRC Staffs review. See E-mail from Mary Frances Woods, NRC Staff Counsel, to Sara Culler, Atomic
Safety and Licensing Board Panel Litigation Support Assistant (June 27, 2024, 12:22 p.m. EST).
Consequently, the Office of the Secretary has placed the transcript into the Electronic Hearing Dockets (EHD) nonpublic protective order file for this proceeding and the agencys court reporting service has been alerted not to make the transcript available to anyone requesting a copy from that service.
As the Board indicated during the prehearing conference, while not its preference, redacting the transcript is something it nonetheless is prepared to do if necessary. See Tr.
at 73. Additionally, the uncertainty that has now attached to the public/nonpublic status of some of the information associated with this proceeding raises the possibility that the resolution of this issue will entail the entry of a protective order and the submission of affidavits of nondisclosure by applicant Duke and petitioners Beyond Nuclear, Inc., and the Sierra Club, Inc. (collectively Petitioners). See Tr. at 84. This, in turn, creates the possibility that the issuance of a Board decision regarding the grant or denial of the Petitioners April 29, 2024 hearing request (as corrected on May 1, 2024) will be delayed commensurate with the resolution of this issue.
The first step in resolving this matter rests on a determination by the NRC Staff about whether the initial prehearing conference transcript contains any nonpublic information.
Accordingly, on or before Wednesday, July 3, 2024, the NRC Staff should provide a submission outlining its best estimate of when it will complete its review of the transcript and can inform the Board and the other participants about whether the transcript will require redaction. With that information, the Board can then begin to sort out any associated procedural or substantive issues.
Finally, until a further directive from the Board, Duke and Petitioners should not disseminate the transcript or otherwise make the information it contains available to anyone who would not be the subject of an affidavit of non-disclosure if it ultimately is determined that the transcript contains nonpublic information such that a protective order needs to be implemented for this proceeding.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland June 28, 2024
/RA/
ATTACHMENT 1
From:
Mary Frances Woods To:
Sara Culler Cc:
Diane Curran; ryan.lighty@morganlewis.com; paul.bessette@morganlewis.com; scott.clausen@morganlewis.com; David Roth OGC; Susan Vrahoretis; Megan Wright; Kevin Bernstein; Caitlin Byrd; Georgia Hampton
Subject:
NRC Staff Notification Regarding the Oconee Station SLR-2 Transcript from the June 24, 2024 Initial Prehearing Conference Date:
Thursday, June 27, 2024 12:22:34 PM
Dear Ms. Culler:
Per the Boards request during the initial prehearing conference on Monday, June 24, 2024, to provide a notice as promptly as possible to the Board and the parties after receiving the transcript regarding any questions or concerns about the transcript and non-public information - this email serves as such notice.
The NRC Staff is reviewing the transcript and has identified concerns. During the pendency of the NRC Staffs review, the NRC staff requests that the transcript remain non-public. The NRC Staff will provide additional information as soon as possible.
Thank you, and if the Board has any questions, please do not hesitate to contact me.
- Regards,
Mary Frances
Mary Frances Woods Attorney, Division of Reactor Programs Office of the General Counsel U.S. Nuclear Regulatory Commission
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
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DUKE ENERGY CAROLINAS, LLC,
)
Docket Nos. 50-269 SLR-2
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50-270 SLR-2
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50-287 SLR-2
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(Oconee Nuclear Station Units 1, 2, and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Regarding Status of Initial Prehearing Conference Transcript) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 G. Paul Bollwerk, III, Chairman, Administrative Judge Dr. Sue H. Abreu, Administrative Judge Dr. Arielle J. Miller, Administrative Judge E-mail: Paul.bollwerk@nrc.gov Sue.abreu@nrc.gov Arielle.miller@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 David Roth Susan H. Vrahoretis Mary Frances Woods Megan Wright Kevin Bernstein Caitlin R. Byrd, Paralegal E-mail: david.roth@nrc.gov susan.vrahoretis@nrc.gov mary.woods@nrc.gov megan.wright@nrc.gov kevin.bernstein@nrc.gov caitlin.byrd@nrc.gov Counsel for Duke Energy Carolinas, LLC Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Paul Bessette Ryan K. Lighty Scott Clausen E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com scott.clausen@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)
MEMORANDUM AND ORDER (Regarding Status of Initial Prehearing Conference Transcript) 2 Duke Energy Corporation 525 South Tryon Street Charlotte, North Carolina 28202 Tracey M. Leroy E-mail: tracey.leroy@duke-energy.com Counsel for Beyond Nuclear and Sierra Club Harmon, Curran, Spielberg, &
Eisenberg, LLP 1725 DeSales Street, N.W.
Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com Beyond Nuclear Reactor Oversight Project 7304 Carroll Avenue #182 Takoma Park, MD 20912 Paul Gunter E-mail: paul@beyondnuclear.org Office of the Secretary of the Commission Dated at Rockville, Maryland, this 28th day of June 2024.
RUSSELL CHAZELL Digitally signed by RUSSELL CHAZELL Date: 2024.06.28 17:09:28
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