ML24235A074

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Notice by Beyond Nuclear and the Sierra Club Regarding Nondisclosure Declarations
ML24235A074
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 08/22/2024
From: Curran D
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 57080, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2
Download: ML24235A074 (0)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

Duke Energy Carolinas, LLC

) Docket Nos. 50-269/270/287 SLR-2 Oconee Nuclear Station,

) August 22, 2024 Units 1, 2 & 3

)

NOTICE BY BEYOND NUCLEAR AND THE SIERRA CLUB REGARDING NONDISCLOSURE DECLARATIONS In response to the Atomic Safety and Licensing Boards (ASLBs) Memorandum and Order (Granting Motion to Enter Protective Order (Aug. 19, 2024) (Memorandum and Order),

Petitioners Beyond Nuclear, Inc. and the Sierra Club, Inc. hereby notify the ASLB that at this time, they decline to submit executed nondisclosure agreements in this proceeding.1 After carefully considering the terms of the Memorandum and Order and the two Protective Orders, Petitioners have determined that their interest and the general publics interest in maximizing the openness and transparency of the issues raised by Petitioners in this proceeding would be best served if they do not enter nondisclosure agreements. In reaching this conclusion, Petitioners are mindful of the unusual circumstances of this case - in which much of the information that would be subject to the Boards nondisclosure requirements is already in the public record through lawful means and thus not subject to the Protective Orders by their own terms. See Protective Order Governing Specific Sensitive Unclassified Non-Safeguards Information, ¶ 19; Protective Order Regarding Ex Parte/Separation of Functions Communications, ¶ 16. Petitioners wish to 1 See Memorandum and Order at 13 (requiring submittal of executed nondisclosure declarations within three days of the issuance of Memorandum and Order (Protective Order Regarding Ex Parte/Separation of Functions Communications) (Aug. 19, 2024) and Memorandum and Order (Protective Order Governing Specific Sensitive Unclassified Non-Safeguards Information) (Aug.

19, 2024). Petitioners anticipate that if warranted by future changes in the circumstances of this proceeding, they may seek an opportunity to access nonpublic information by signing nondisclosure declarations.

2 avoid taking actions that could invite confusion and/or disputes over how and when they received access to relevant information and related challenges to their right to discuss the information publicly.

Petitioners also note that they are still reviewing all four of the orders issued by the ASLB on August 19; and that they may seek clarification and/or reconsideration of one or more of those orders within the ten-day period provided by 10 C.F.R. § 2.323(a) with respect to Petitioners obligations as participants, i.e., non-signers of the nondisclosure declarations.

Respectfully submitted,

__/signed electronically by/___

Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com August 22, 2024

3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

Duke Energy Carolinas, LLC

) Docket Nos. 50-269/270/287 SLR-2 Oconee Nuclear Station,

)

Units 1, 2 & 3

)

CERTIFICATE OF SERVICE I certify that on August 22, 2024, I posted on the NRCs Electronic Information Exchange NOTICE BY BEYOND NUCLEAR AND THE SIERRA CLUB REGARDING NONDISCLOSURE DECLARATIONS.

___/signed electronically by/__

Paul Gunter