ML24190A192

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Memorandum and Order (Regarding NRC Staff Review of Initial Prehearing Conference Transcript)
ML24190A192
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 07/08/2024
From: Bollwerk G
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 57054, 50–269-SLR-2, 50–287-SLR-2, ASLBP 24-985-03-SLR-BD01, 50–270-SLR-2
Download: ML24190A192 (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 July 8, 2024 MEMORANDUM AND ORDER (Regarding NRC Staff Review of Initial Prehearing Conference Transcript)

In a July 3, 2024 submission, the Nuclear Regulatory Commission (NRC) Staff responded to a Licensing Board June 28, 2024 issuance that requested the Staff provide its best estimate of when it will complete its review of the transcript for the June 24, 2024 initial prehearing conference for possible nonpublic information and inform the Board and the other participants to this proceeding about whether the transcript will require redaction. See NRC Staff Response to June 28, 2024, Memorandum and Order (July 3, 2024) at 1. In its response, the Staff indicated that it is following its process to review the relevant information and will update the Licensing Board and the parties regarding this review on or before July 23, 2024.

Id.

As the Board indicated in its June 28 status request, the results of the Staffs review process could entail the entry of a protective order and the submission of affidavits of nondisclosure by applicant Duke Energy Carolinas, LLC and petitioners Beyond Nuclear, Inc.,

and the Sierra Club, Inc. See Licensing Board Memorandum and Order (Requesting Status of Initial Prehearing Conference Transcript) (June 28, 2024) at 3 (unpublished). Consequently, to aid the Board in ensuring that both the participants and the public have appropriate and timely access to documents in this proceeding, the Board requests that while awaiting the results of the Staffs transcript review, the participants confer among themselves and come to an agreement about the contents of a proposed protective order and an associated proposed affidavit of nondisclosure. Then, if in its next status report (currently scheduled to be provided by July 23, 2024) the Staff indicates that withholding/redaction is necessary because of the presence of nonpublic information, by noon Eastern Time (ET) on the next business day after the Staff files its status report the participants should file a joint proposed protective order and an associated proposed affidavit of nondisclosure for Board consideration and adoption.

Additionally, in identifying the need to withhold/redact nonpublic information, the Staff in its status report should indicate the basis supporting such an action relative to the various categories for which nondisclosure of information is authorized as specified in 10 C.F.R.

§ 2.390(a).

Further, and out of an abundance of caution, the Board also requests that on or before Thursday, July 18, 2024, one representative of the participants send an email to Licensing Board Panel Litigation Support Assistant Sara Culler, at sara.culler@nrc.gov, indicating on which of the following dates and starting times all the participants would be available, if necessary, for a prehearing conference to discuss any issues regarding this potential nonpublic information matter:

Thursday, July 25, 2024, at 1:30 p.m., 2:00 p.m., 2:30 p.m., or 3:00 p.m. ET Friday, July 26, 2024, at 10:30 a.m. or 1:30 p.m. ET Tuesday, July 30, 2024, at 10:30 a.m., 2:30 p.m., or 3:00 p.m. ET Wednesday, July 31, 2024, at 2:00 p.m., 2:30 p.m., or 3:00 p.m. ET This prehearing conference, which the Board currently anticipates would last no more than one hour, would be (1) conducted virtually via WebEx; and (2) closed to the public, with the expectation that, if necessary, an appropriately redacted version of the conference transcript would be placed into the public record as promptly as possible after the conclusion of the conference.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland July 8, 2024

/RA/

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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DUKE ENERGY CAROLINAS, LLC,

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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)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Regarding NRC Staff Review 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 NRC Staff Review of Initial Prehearing Conference Transcript)

Duke Energy Corporation 525 South Tryon Street Charlotte, North Carolina 28202 Tracey M. Leroy E-mail: tracey.leroy@duke-energy.com Beyond Nuclear Reactor Oversight Project 7304 Carroll Avenue #182 Takoma Park, MD 20912 Paul Gunter E-mail: paul@beyondnuclear.org 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 Office of the Secretary of the Commission Dated at Rockville, Maryland, this 8th day of July 2024.

2 KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.07.08 15:11:30 -04'00'