ML24269A178
| ML24269A178 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 09/25/2024 |
| From: | Mary Woods NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57123, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 | |
| Download: ML24269A178 (0) | |
Text
September 25, 2024
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of
DUKE ENERGY CAROLINAS, LLC Docket No. 50- 269-SLR-2, 50- 270- SLR-2, (Oconee Nuclear Station, Units 1, 2, and 3) 50- 287-SLR-2
NRC STAFF MOTION REQUESTING THAT THE LICENSING BOARD ACCEPT REDACTED DOCUMENTS IDENTIFIED IN APPENDIX 1 TO LICENSING BOARD AUGUST 19, 2024, PROTECTIVE ORDER FOR INCLUSION ON THE PUBLIC DOCKET
On August 26, 2024, the Licensing Board directed the NRC Staff to provide a public
status report regarding its efforts to identify portions of the documents specified in Appendix 1 to
the Licensing Boards August 19, 2024, Protective Order1 that may need to be redacted as
nonpublic information.2 The NRC Staff has completed its process for the review of these
1 See Licensing Board Memorandum and Order (Granting Motion to Enter Protective Order) (Aug. 19, 2024) (ADAMS Accession No. ML24232A211).
2 See Licensing Board Memorandum and Order (Regarding Nondisclosure Declaration Filings, Reconsideration/Clarification Motions, Nonpublic Document Redaction, and Marking Nonpublic Documents), at 4-5 (Aug. 26, 2024) (ML24239A824) (stating, [r]egardless of the possible pendency of any reconsideration or clarification motions associated with the Licensing Boards August 19 protective orders, the Board is not aware of any reason that would preclude the NRC Staff from undertaking the process of redacting the nonpublic documents specified in Appendix 1 to the Boards August 19 protective order regarding specific [Sensitive Unclassified Non-Safeguards Information (SUNSI)]. Accordingly, within fourteen (14) days of the date on which those nonpublic documents are placed in this proceedings docket, the NRC Staff should provide the Board and the other participants with a public status report regarding its efforts to identify what specific portions of these documents it asserts need to be redacted as nonpublic information, including an estimate of when it will complete this task relative to Appendix 1.).
2
documents. 3 Consistent with the NRC Staffs associated September 11, 2024, status update, 4
the NRC Staff submit s this motion request ing the Licensing Board accept the redacted versions
of the documents specified in Appendix 1 to the Licensing Boards August 19, 2024, Protective
Order for use on the public docket. The NRC Staff consulted with the parties in this proceeding
regarding this motion.5 Counsel for Petitioners stated that the Petitioners are not taking a
position on the NRC Staffs proposed motion and reserve the right to response once filed.6
Counsel for Duke Energy stated that Duke Energy did not oppose the NRC Staffs proposed
motion. 7
The NRC Staff is submitting redacted versions of the documents identified in Appendix 1
of the Licensing Boards August 19, 2024, Protective Order on the nonpublic docket as NRC
Staff Non-Public Attachments A, B, C, and D to this motion, with information withheld under
10 C.F.R. § 2.390(a)(3), and requests that the Licensing Board accept these redacted
documents for use on the public docket. The NRC Staff notes that this is consistent with the
approach in its motion providing the Licensing Board with the redacted transcript in this
proceeding. 8
3 See, e.g., NRC Staff Status Update Associated with Licensing Board Memorandum and Orders, at 2 (Sept. 11, 2024) (ML24255A895) ( NRC Staff September 11, 2024, Status Update) ; Yellow Announcement YA 0051, Critical Energy/Electric Infrastructure Information Policy (May 25, 2018) (ML18145A145);
NRC-FERC CEII Memorandum of Understanding Extension Third Addendum (Apr. 23, 2024)
(ML24116A184 (package)).
4 See NRC Staff September 11, 2024, Status Update at 2 (stating, [t] he NRC Staff will notify the parties and consult with them before filing a motion with the Licensing Board to request that the Licensing Board accept the redacted versions of those documents for filing on the public docket. The NRC Staff is striving to complete its review and will either provide the redacted versions of those documents or an update on the status of that process on or before September 25, 2024.).
5 See NRC Staff Attachment 1 (Consultation Emails) (email dated September 24, 2024 at 10:22 a.m.; see also emails dated September 24, 2024 at 4:37 p.m. and 5:13 p.m.).
6 Id. ( email dated September 24, 2024 at 4:43 p.m.; see also email dated September 24, 2024 at 11:48 a.m.).
7 Id. (email dated September 24, 2024 11:15 a.m.).
8 See NRC Staff Motion Regarding the Redacted June 24, 2024, Initial Prehearing Conference Transcript (Sept. 10, 2024) (ML24254A456).
3
Respectfully submitted,
/Signed ( electronically) by/
Mary Frances Woods Counsel for NRC Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555- 0001 Telephone: (301) 287 -3514 E-mail: Mary.Woods@nrc.gov
Dated in Rockville, MD this 25th day of September 2024
4
CONSULTATION CERTIFICATION
Pursuant to 10 C.F.R. § 2.323(b), I hereby certify that the NRC Staff has made a sincere effort to contact the other parties in this proceeding and resolve the issues raised in the above motion.
Counsel for the Petitioners requested NRC Staff to, Please state that the Petitioners are not taking a position on your proposed motion and reserve the right to respond to the motion when it is filed. Counsel for Duke Energy provided, Duke does not oppose the proposed motion.
Respectfully submitted,
/Signed (electronically) by/
Mary Frances Woods Counsel for NRC Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555- 0001 Telephone: (301) 287 -3514 E-mail: Mary.Woods@nrc.gov
Dated in Rockville, MD this 25th day of September 2024 NRC Staff Attachment 1
(Consultation Emails)
From: Mary Frances Woods To: Diane Curran; Lighty, Ryan K.
Cc: Bessette, Paul M.; Tracey.Leroy@duke-energy.com; Mattison, Molly; Megan Wright; Kevin Bernstein
Subject:
RE: RE: RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLRA-2 Proceeding Date: Tuesday, September 24, 2024 5:13:00 PM
Dear Counsel:
Thank you both for the prompt responses. We will indicate your positions in the motion.
- Regards,
Mary Frances
Mary Frances Woods Attorney, Division of Reactor Programs Office of the General Counsel U.S. Nuclear Regulatory Commission
From: Diane Curran <dcurran@harmoncurran.com>
Sent: Tuesday, September 24, 2024 4:43 PM To: Mary Frances Woods <Mary.Woods@nrc.gov>
Cc: Bessette, Paul M. <paul.bessette@morganlewis.com>; Tracey.Leroy@duke-energy.com; Mattison, Molly <molly.mattison@morganlewis.com>; Megan Wright <Megan.Wright@nrc.gov>;
Kevin Bernstein <Kevin.Bernstein@nrc.gov>; Lighty, Ryan K. <ryan.lighty@morganlewis.com>
Subject:
[External_Sender] RE: RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLRA-2 Proceeding
Thanks Mary Frances. We are not contesting the specific redactions, just raising questions and concerns about the process. Please state that the Petitioners are not taking a position on your proposed motion and reserve the right to respond to the motion when it is filed.
Diane
From: Mary Frances Woods < Mary.Woods@nrc.gov>
Sent: Tuesday, September 24, 2024 4:37 PM To: Diane Curran < dcurran@harmoncurran.com>
Cc: Bessette, Paul M. <paul.bessette@morganlewis.com>; Tracey.Leroy@duke-energy.com ;
Mattison, Molly <molly.mattison@morganlewis.com>; Megan Wright <Megan.Wright@nrc.gov>;
Kevin Bernstein <Kevin.Bernstein@nrc.gov>; Lighty, Ryan K. <ryan.lighty@morganlewis.com>
Subject:
RE: RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLRA-2 Proceeding
Dear Ms. Curran:
For clarity, as the NRC Staff indicated in its consultation email, the NRC Staff is not consulting on the specific redactions. Rather, the NRC Staff is just consulting on the motion for the Staff to be able to submit these documents to the Licensing Board for the Boards consideration to make available on the public docket. Do you oppose the NRC Staff using the same procedure for getting these redacted documents to the Licensing Board as we used to get the redacted transcript to the Licensing Board? We are trying to get this information to the Licensing Board as quickly as possible so that the Licensing Board can complete its determination regarding contention admissibility in this matter.
- Regards,
Mary Frances
Mary Frances Woods Attorney, Division of Reactor Programs Office of the General Counsel U.S. Nuclear Regulatory Commission
From: Diane Curran < dcurran@harmoncurran.com>
Sent: Tuesday, September 24, 2024 11:48 AM To: Mary Frances Woods < Mary.Woods@nrc.gov>
Cc: Bessette, Paul M. <paul.bessette@morganlewis.com>; Tracey.Leroy@duke-energy.com ;
Mattison, Molly <molly.mattison@morganlewis.com>; Megan Wright <Megan.Wright@nrc.gov>;
Kevin Bernstein <Kevin.Bernstein@nrc.gov>; Lighty, Ryan K. <ryan.lighty@morganlewis.com>
Subject:
[External_Sender] RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLRA-2 Proceeding
Thanks for reaching out, Mary Frances.
It would help us if you can you please clarify these aspects of the process for making the proposed redactions (without getting into their merits): (a) whether the documents you plan to forward to the ASLB reflect acceptance of all redactions requested or suggested by FERC, and/or additional NRC Staff redactions; (b) whether the Staff has rejected any of FERCs proposed redactions; and (c) whether the redactions in the documents reflect consideration of the doctrine of official acknowledgment, forbidding retraction of information that has been put on the public record? See cases cited in Petitioners July 29, 2024 response to the Joint Motion for Protective Order.
- Thanks, Diane
From: Lighty, Ryan K. < ryan.lighty@morganlewis.com>
Sent: Tuesday, September 24, 2024 11:15 AM To: Mary Frances Woods < Mary.Woods@nrc.gov>; Diane Curran <dcurran@harmoncurran.com>
Cc: Bessette, Paul M. <paul.bessette@morganlewis.com>; Tracey.Leroy@duke-energy.com ;
Mattison, Molly <molly.mattison@morganlewis.com>; Megan Wright <Megan.Wright@nrc.gov>;
Kevin Bernstein <Kevin.Bernstein@nrc.gov>
Subject:
RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLRA-2 Proceeding
Good morning Mary Frances,
Duke does not oppose the proposed motion.
- Regards, Ryan
Ryan K. Lighty Pronouns: He/Him/His Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW l Washington, DC 20004-2541 Direct: +1.202.739.5274 l Main:+1.202.739.3000 l Fax: +1.202.739.3001 Assistant: Eric Valdez l +1.202.739.5804 l eric.valdez@morganlewis.com ryan.lighty@morganlewis.com l www.morganlewis.com
From: Mary Frances Woods < Mary.Woods@nrc.gov>
Sent: Tuesday, September 24, 2024 10:22 AM To: Lighty, Ryan K. < ryan.lighty@morganlewis.com>; dcurran@harmoncurran.com Cc: Bessette, Paul M. <paul.bessette@morganlewis.com>; Tracey.Leroy@duke-energy.com ;
Mattison, Molly <molly.mattison@morganlewis.com>; Megan Wright <Megan.Wright@nrc.gov>;
Kevin Bernstein <Kevin.Bernstein@nrc.gov>
Subject:
Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLRA-2 Proceeding
[EXTERNAL EMAIL]
Dear Counsel:
The NRC Staff has completed its process for the review of the documents identified in Appendix 1 to the Licensing Boards August 19, 2024, Protective Order. Consistent with the NRC Staffs September 11, 2024, status update filed on the public docket in this proceeding, the NRC Staff would like to provide the redacted versions of these documents to the Licensing Board. Specifically, the NRC Staff would like to file a motion on the public docket to request that the Licensing Board accept the redacted versions of the documents identified in Appendix 1 for use on the public docket. The NRC staff plans to submit the redacted versions of these documents in the same manner as the redacted transcript, i.e.,
submitted as attachments on the nonpublic docket. This would allow the Licensing Board time to consider the NRC Staffs motion and make the decision as to whether to accept the documents for use on the public docket in this proceeding.
As before, the NRC Staff is just consulting on the motion requesting that the Licensing Board accept the redacted versions of those documents for use on the public docket, and not the specific redactions. We would also like to be able to file this motion unopposed, if possible. Accordingly, please advise if you object to the NRC Staff filing this motion.
- Regards,
Mary Frances
Mary Frances Woods Attorney, Division of Reactor Programs Office of the General Counsel U.S. Nuclear Regulatory Commission
September 25, 2024
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-SLR-2, 50- 270- SLR-2, (Oconee Nuclear Station, Units 1, 2, and 3) 50- 287-SLR-2
Certificate of Service
Pursuant to 10 C.F.R §2.305, I hereby certify that copies of the foregoing NRC STAFF MOTION
REQUESTING THAT THE LICENSING BOARD ACCEPT REDACTED DOCUMENTS
IDENTIFIED IN APPENDIX 1 TO LICENSING BOARD AUGUST 19, 2024, PROTECTIVE
ORDER FOR INCLUSION ON THE PUBLIC DOCKET, dated September 25, 2024, have been
served upon the Electronic Information Exchange (the NRCs E-Filing System), in the captioned
proceeding, this 25th day of September 2024.
/Signed (electronically) by/
Mary Frances Woods Counsel for NRC Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555- 0001 Telephone: 301 -287-3514 E-mail: Mary.Woods@nrc.gov
Dated in Rockville, MD this 25th day of September 2024