ML24290A113
| ML24290A113 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 10/16/2024 |
| From: | Mary Woods NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57152, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 | |
| Download: ML24290A113 (0) | |
Text
October 16, 2024 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of DUKE ENERGY CAROLINAS, LLC (Oconee Nuclear Station, Units 1, 2, and 3)
Docket No. 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 NRC STAFF OCTOBER 16, 2024, STATUS UPDATE REGARDING EX PARTE/SEPARATION OF FUNCTIONS COMMUNICATIONS The U.S. Nuclear Regulatory Commission (NRC) Staff, consistent with the Staffs September 25, 2024, status update,1 is filing this status update to inform the Licensing Board that the process for reviewing the ex parte/separation of functions communications2 continues to progress but is not yet complete. As part of this process for review, the NRC Staff is taking actions consistent with the 2018 Memorandum of Understanding with the Federal Energy Regulatory Commission (FERC).3 The NRC Staff will either provide a copy of the publicly available version of these communications with any appropriate redactions applied or another status update on or before November 8, 2024. The NRC Staff recognizes this extends beyond the date noticed for the Licensing Boards issuance of decision,4 and will strive to submit the publicly available versions promptly upon completion.
1 See NRC Staff September 25, 2024, Status Update (Sept. 25, 2024) (ML24269A179).
2 See Licensing Board Memorandum and Order (Notice Concerning Ex Parte/Separation of Functions Communications) (Aug. 19, 2024) (ML24232A221).
3 See NRC-FERC CEII Memorandum of Understanding Extension Third Addendum (Apr. 23, 2024)
(ML24116A184 (package)). See e.g., Yellow Announcement YA-18-0051, Critical Energy/Electric Infrastructure Information Policy (May 25, 2018) (ML18145A145).
4 See Licensing Board Memorandum (Second Notice Regarding Issuance of Decision) (Sept. 9, 2024)
(ML24253A104).
2 The NRC Staff also notes that on October 9, 2024, the Licensing Board notified the parties that it received three (3) additional emails from a member of the NRC Staff that the Licensing Board is treating consistent with the agencys ex parte and separation of functions communications.5 The Licensing Board also requested the NRC Staff review two (2) of these e-mails to determine whether all or any portion could be publicly released.6 The NRC Staff determined that the e-mail in Attachment B to the Licensing Boards October 9, 2024 Memorandum (nonpublic) contains sensitive information that should be protected. The NRC Staffs process for reviewing that attachment is ongoing. However, the NRC Staff did not identify any sensitive information in the e-mail in Attachment A, which can be released to the public docket.
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 16th day of October 2024 5 Licensing Board Memorandum and Order (Concerning Additional Ex Parte/Separation of Functions Communications) (Oct. 9, 2024) (ML24283A154) (October 9, 2024, Ex Parte/Separation of Functions Memorandum and Order). As the Licensing Board recognized, these types of communications would typically be placed on the public docket in this proceeding, consistent with 10 C.F.R. §§ 2.347(c) and 2.348(c). See id. at 1-2. However, the Licensing Board determined two e-mails merited further review, and thus, requested NRC Staff review accordingly. See id. at 2-3. The Licensing Board placed the aforementioned ex parte/separation of functions communications on the nonpublic docket on October 9, 2024 (nonpublic).
6 See October 9, 2024, Ex Parte/Separation of Functions Memorandum and Order at 2-3. The NRC Staff notes that the Licensing Board determined one of the three e-mails could be, and was, placed directly onto the public docket.
3 October 16, 2024 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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, 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 OCTOBER 16, 2024, STATUS UPDATE REGARDING EX PARTE/SEPARATION OF FUNCTIONS COMMUNICATIONS, dated October 16, 2024, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the captioned proceeding, this 16th day of October 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 16th day of October 2024