ML24292A132
| ML24292A132 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 10/18/2024 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | NRC/SECY |
| SECY RAS | |
| References | |
| RAS 57158, 50-287-SLR-2, 50-269-SLR-2, 50-270-SLR-2, ASLBP 24-985-03-SLR-BD01 | |
| Download: ML24292A132 (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 October 18, 2024 MEMORANDUM (Making September 26, 2024 Ex Parte/Separations of Functions Communication Publicly Available)
In an October 9, 2024 issuance, the Licensing Board placed into the nonpublic docket of this proceeding as an improper ex parte/separation of functions communication a September 26, 2024 e-mail from Lawrence Criscione, a member of the Nuclear Regulatory Commission (NRC) technical staff, that was directed to the Boards members and others and expressed concerns about the Oconee facility.1 In taking this action, the Board indicated that the e-mail warranted further review by the NRC Staff to determine whether it contained nonpublic information so as to merit redaction before being made publicly available. See Board Redaction Review Order at 2. In an October 16, 2024 status update concerning its ongoing redaction review regarding this and a number of other Board-referred ex parte/separation of 1 See Licensing Board Memorandum and Order (Concerning Additional Ex Parte/Separation of Functions Communications) (Oct. 9, 2024) at 2 (unpublished) [hereinafter Board Redaction Review Order].
functions communications from Mr. Criscione, the Staff declared that it did not identify any sensitive information in the [September 26, 2024 e-mail], which can be released to the public docket.2 The Board appreciates the Staffs expeditious action in reviewing this e-mail, which by reason of its inclusion as Attachment A to this issuance will become part of the public record of this proceeding.3 At the Boards request, the Office of the Secretary will provide a copy of this memorandum to Mr. Criscione concurrently with its issuance.
FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland October 18, 2024 2 NRC Staff October 16, 2024, Status Update Regarding Ex Parte/Separation of Functions Communications (Oct. 16, 2024) at 2.
3 As the Board stated in its October 9 issuance, its referral of the September 26, 2024 e-mail to the Staff did not include an associated e-mail string incorporating Mr. Crisciones previous July 29 and 30, 2024 and August 23, 2024 e-mails, which the Board indicated would be duplicative as those e-mails already are under NRC Staff review to determine whether they contain nonpublic information. See Board Redaction Review Order at 2-3.
In addition, the Board notes that the version of the September 26, 2024 e-mail included as Attachment A to this issuance comes from the Boards October 9, 2024 nonpublic memorandum submitting that e-mail, along with another, for inclusion in the nonpublic docket of this proceeding as subject to Protective Order B. See id. at 3. To avoid any confusion about its current status as publicly available, the Board has lined out the header that was placed on the September 26, 2024 e-mail in accordance with Protective Order Bs paragraph 6.a, which indicated the e-mail was then a nonpublic document subject to that protective orders strictures.
/RA/
Attachment A
CONTAINS PROTECTED INFORMATION - SUBJECT TO PROTECTIVE ORDER B
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 (Making September 26, 2024 Ex Parte/Separations of Functions Communication Publicly Available) 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 Molly Mattison E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com scott.clausen@morganlewis.com molly.mattison@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 (Making September 26, 2024 Ex Parte/Separations of Functions Communication Publicly Available) 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 18th day of October 2024.
CLARA SOLA Digitally signed by CLARA SOLA Date: 2024.10.18 13:39:02 -04'00'