ML24326A367
| ML24326A367 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 11/21/2024 |
| From: | Mary Woods NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57203, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 | |
| Download: ML24326A367 (0) | |
Text
November 21, 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 MOTION REQUESTING THAT THE LICENSING BOARD ACCEPT THE REDACTED DOCUMENTS IDENTIFIED AS NON-PUBLIC ATTACHMENTS A-D TO THIS MOTION FOR INCLUSION ON THE PUBLIC DOCKET The Licensing Board requested that the U.S. Nuclear Regulatory Commission (NRC)
Staff provide weekly status reports during its review of several ex parte/separation of functions communications referred to the Staff by the Licensing Board and the four Appendix 1 documents to determine whether any of the documents contained sensitive information, including Critical Energy/Electric Infrastructure Information (CEII).1 The NRC Staff has completed its review, identified CEII, and applied redactions to the CEII, thereby completing its process2 to ensure consistent redactions are made in the four Appendix 1 documents, identified as Non-Public 1 See Licensing Board Memorandum and Order (Requesting Weekly NRC Staff Status Report on Redaction Review Efforts) (Oct. 18, 2024) (ADAMS Accession No. ML24292A130) at 2-3 (stating, Accordingly, so that the Board has current information on the status of the Staffs redaction review process, we request the Staff provide for the public docket of this proceeding a weekly status report on its document redaction efforts that includes a good faith estimate of the specific date by which that redaction process will be completed for the four Appendix 1 documents and for the Board-referred ex parte/separation of functions communications. This weekly reporting obligation will continue until the Staff provides for the public record of this proceeding final redacted versions of the four documents and the referred ex parte/separation of functions communications. (footnote omitted)).
2 See NRC-FERC CEII Memorandum of Understanding Extension Third Addendum (Apr. 23, 2024)
(ML24116A184 (package)); see also Yellow Announcement YA-18-0051, Critical Energy/Electric Infrastructure Information Policy (May 25, 2018) (ML18145A145).
2 Attachments A-D to this motion,3 and in the ex parte/separation of functions communications referred to the Staff by the Licensing Board in order to protect CEII.4 The NRC Staff is providing the updated Non-Public Attachments A-D, with redactions applied, as attachments to the NRC Staffs motion on the nonpublic docket with information withheld under 10 C.F.R. § 2.390(a)(3), and requests that the Licensing Board accept these redacted documents, in place of the versions previously provided as nonpublic attachments to the NRC Staffs September 25, 2024, Motion,5 for use on the public docket. The NRC Staff notes that the approach used in this motion to provide these documents is consistent with the approach the NRC Staff followed in its September 25, 2024, motion and its motion providing the Licensing Board with the redacted June 24, 2024, initial prehearing conference transcript in this proceeding.6 3 See 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 (Sept. 25, 2024) (ML24269A178) (NRC Staff Motion Regarding Redacted Appendix 1 Documents).
4 On October 15, 2024, the NRC Staff notified the Licensing Board that in its work to review the ex parte/separation of functions communications, it identified a potential inconsistency in the redactions in documents previously submitted to the nonpublic docket as attachments to the NRC Staffs September 25, 2024, Motion, and that the documents should remain on the nonpublic docket while the NRC Staff worked expeditiously to address this potential inconsistency. See NRC Staff October 15, 2024, Notification (Oct. 15, 2024) (ML24289A192); see also, NRC Staff October 25, 2024, Weekly Status Report (Oct. 25, 2024) (ML24299A096); NRC Staff November 8, 2024, Weekly Status Report (Nov. 8, 2024) (ML24313A051); NRC Staff November 14, 2024, Weekly Status Report (Nov. 14, 2024)
(ML24319A249).
5 See NRC Staff Motion Regarding Redacted Appendix 1 Documents. The NRC Staff notes that the versions previously submitted as nonpublic attachments to the NRC Staffs September 25, 2024, Motion should remain nonpublic.
6 See NRC Staff Motion Regarding Redacted Appendix 1 Documents; NRC Staff Motion Regarding the Redacted June 24, 2024, Initial Prehearing Conference Transcript (Sept. 10, 2024) (ML24254A456).
3 The NRC Staff consulted with the parties to this proceeding on the approach in this motion. Counsel for the Petitioners and Counsel Duke Energy Carolinas, LLC did not object.7 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 North Bethesda, MD this 21st day of November 2024 7 See NRC Staff Enclosure 1 (November 21, 2024, Consultation Emails) at emails dated, November 21, 2024 at 3:05 p.m. and 3:36 p.m..
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 participants in this proceeding and resolve the issues raised in the above motion. Counsel for the Petitioners and Counsel for Duke Energy Carolinas, LLC did not object.
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 North Bethesda, MD this 21st day of November 2024
5 NRC Staff Enclosure 1 (November 21, 2024, Consultation Emails)
From:
Mary Frances Woods To:
Lighty, Ryan K.; Diane Curran Cc:
Tracey.Leroy@duke-energy.com; Megan Wright; Kevin Bernstein; Bessette, Paul M.; Mattison, Molly
Subject:
RE: Re: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLR-2 Proceeding Date:
Thursday, November 21, 2024 3:43:00 PM
Dear Counsel:
Thank you both for the prompt responses. We will include 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: Lighty, Ryan K. <ryan.lighty@morganlewis.com>
Sent: Thursday, November 21, 2024 3:36 PM To: Diane Curran <dcurran@harmoncurran.com>; Mary Frances Woods <Mary.Woods@nrc.gov>
Cc: Tracey.Leroy@duke-energy.com; Megan Wright <Megan.Wright@nrc.gov>; Kevin Bernstein
<Kevin.Bernstein@nrc.gov>; Bessette, Paul M. <paul.bessette@morganlewis.com>; Mattison, Molly
<molly.mattison@morganlewis.com>
Subject:
[External_Sender] Re: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLR-2 Proceeding
Mary Frances,
Duke does not object to the proposed motion.
- Regards, Ryan
Ryan K. Lighty Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW l Washington, DC 20004-2541 Direct & Mobile:+1.202.739.5274l Main:+1.202.739.3000 ryan.lighty@morganlewis.comlwww.morganlewis.comlwww.morganlewis.com/bios/rlighty Assistant: Eric Valdez l +1.202.739.5804leric.valdez@morganlewis.com
From: Diane Curran <dcurran@harmoncurran.com>
Sent: Thursday, November 21, 2024 3:05:02 PM To: Mary Frances Woods <Mary.Woods@nrc.gov>; ryan.lighty@morganlewis.com
<ryan.lighty@morganlewis.com>
Cc: paul.bessette@morganlewis.com <paul.bessette@morganlewis.com>; tracey.leroy@duke-energy.com <Tracey.Leroy@duke-energy.com>; molly.mattison@morganlewis.com
<molly.mattison@morganlewis.com>; Megan Wright <Megan.Wright@nrc.gov>; Kevin Bernstein
<Kevin.Bernstein@nrc.gov>
Subject:
RE: RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLR-2 Proceeding
[EXTERNAL EMAIL]
No. And thanks for the clarification.
From: Mary Frances Woods <Mary.Woods@nrc.gov>
Sent: Thursday, November 21, 2024 2:58 PM To: Diane Curran <dcurran@harmoncurran.com>; ryan.lighty@morganlewis.com Cc: paul.bessette@morganlewis.com; tracey.leroy@duke-energy.com; molly.mattison@morganlewis.com; Megan Wright <Megan.Wright@nrc.gov>; Kevin Bernstein
<Kevin.Bernstein@nrc.gov>
Subject:
RE: RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLR-2 Proceeding
Dear Diane:
As soon as we can, today if possible. Do you object to 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: Thursday, November 21, 2024 2:36 PM To: Mary Frances Woods <Mary.Woods@nrc.gov>; ryan.lighty@morganlewis.com Cc: paul.bessette@morganlewis.com; tracey.leroy@duke-energy.com; molly.mattison@morganlewis.com; Megan Wright <Megan.Wright@nrc.gov>; Kevin Bernstein
<Kevin.Bernstein@nrc.gov>
Subject:
[External_Sender] RE: Consultation Request on Motion Regarding Appendix 1 Documents for the Oconee SLR-2 Proceeding
Thanks Mary Frances. A question - When do you intend to file the updated redacted versions of the documents identified in Appendix 1 on the nonpublic docket?
- Thanks, Diane
From: Mary Frances Woods <Mary.Woods@nrc.gov>
Sent: Thursday, November 21, 2024 1:59 PM To: Diane Curran <dcurran@harmoncurran.com>; ryan.lighty@morganlewis.com Cc: paul.bessette@morganlewis.com; tracey.leroy@duke-energy.com; 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 SLR-2 Proceeding
Dear Counsel:
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 Order that may need to be redacted as nonpublic information. And, as you will recall, on August 19, 2024, and October 9, 2024, the Licensing Board directed the NRC Staff to review several ex parte/separation of functions communications e-mailed to the Board to determine whether any of the e-mails contained information that should be redacted as nonpublic information. On September 25, 2024, the NRC Staff provided 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-D to that motion. However, on October 15, 2024, the NRC Staff notified the Licensing Board that in its work to review the ex parte/separation of functions communications, it identified a potential inconsistency in the redactions in documents previously submitted to the nonpublic docket as attachments to the NRC Staffs September25, 2024, Motion, and requested that the documents remain on the nonpublic docket while the NRC Staff worked expeditiously to address this potential inconsistency.
The NRC Staff took actions consistent with the 2018 Memorandum of Understanding with the Federal Energy Regulatory Commission and has completed its process to ensure consistent, appropriate redactions are made in the four Appendix 1 documents, identified as NRC Staff Non-Public Attachments A-D, to protect Critical Energy/Electric Infrastructure Information.
In the interest of getting this information to the Licensing Board promptly, the NRC Staff would like to file a motion on the public docket to request that the Licensing Board accept the updated redacted versions of the documents identified in Appendix 1 to the Licensing Boards August 19, 2024, Protective Order for use on the public docket. The Staff intends to file the updated redacted versions of the documents identified in Appendix 1 (entitled NRC Staff Non-Public Attachments A-D) on the nonpublic docket, consistent with the Staffs
previous motions regarding these documents and the June initial prehearing conference transcript.
Please inform me at your earliest convenience whether you would object to the NRC Staffs motion.
- Regards,
Mary Frances
Mary Frances Woods Attorney, Division of Reactor Programs Office of the General Counsel U.S. Nuclear Regulatory Commission
November 21, 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 MOTION REQUESTING THAT THE LICENSING BOARD ACCEPT THE REDACTED DOCUMENTS IDENTIFIED AS NON-PUBLIC ATTACHMENTS A-D TO THIS MOTION FOR INCLUSION ON THE PUBLIC DOCKET, dated November 21, 2024, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the captioned proceeding, this 21st day of November 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 North Bethesda, MD this 21st day of November 2024