ML24326A368
| ML24326A368 | |
| 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 57204, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 | |
| Download: ML24326A368 (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 NOVEMBER 21, 2024, NOTIFICATION THAT REVIEW OF EX PARTE/SEPARATION OF FUNCTIONS COMMUNICATIONS TO IDENTIFY CEII IS COMPLETE As directed by the Licensing Boards October 18, 2024, Memorandum and Order,1 the NRC Staff is notifying the Licensing Board that the process for review of the referred ex parte/separation of functions communications to determine whether any information contained in them should be protected as Critical Energy/Electric Infrastructure Information (CEII), as described herein, is now complete. The NRC Staff will address the results of its review of each of the two sets of ex parte/separation of functions communications in turn.
On August 19, 2024, the Licensing Board notified the parties that it was in receipt of four emails from a member of the NRC Staff, was treating the emails consistent with the NRCs rules concerning ex parte and separation of functions communications, and requested that the NRC 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)). See also, NRC Staff November 14, 2024, Weekly Status Report (Nov. 14, 2024) (ML24319A249).
2 Staff review these emails to determine whether they contained any sensitive information prior to the Licensing Board making them publicly available.2 The NRC Staff identified CEII in the referred communications and has completed its process and applied redactions accordingly.3 Consistent with the Licensing Boards direction, the NRC Staff is providing a copy of a redacted version that could be made publicly available as NRC Staff Non-Public Attachment 1 - August 19, 2024, Ex Parte/Separation of Functions, with appropriate redactions applied, on the nonpublic docket through the NRCs E-Filing system with information withheld under 10 C.F.R. § 2.390(a)(3).4 The NRC Staff also identified that an unredacted version of the study entitled, Study of Reprisal and Chilling Effect for Raising Mission-Related Concerns and Differing Views at the NRC, was included as part of the ex parte/separation of functions communications referred to the NRC Staff for review by the Licensing Board. The NRC Staff identified sensitive, nonpublic information in this study but did not include it in NRC Staff Non-Public Attachment 1 -
August 19, 2024, Ex Parte/Separation of Functions because a version with information 2 See Licensing Board Memorandum and Order (Notice Concerning Ex Parte/Separation of Functions Communications) (Aug. 19, 2024) (ML24232A221) (August 19, 2024, Ex Parte/Separation of Functions Memorandum and Order). See also, Licensing Board Memorandum and Order (Regarding Nondisclosure Declaration Filings, Reconsideration/Clarification Motions, Nonpublic Document Redaction, and Marking Nonpublic Documents), at 3-4 (Aug. 26, 2024) (ML24239A824) (notifying the parties that the Licensing Board would place the ex parte/separation of functions communications on the nonpublic docket for this proceeding) (footnote omitted).
The NRC Staff notes that the Licensing Board directed the member of the NRC Staff to cease communicating with the Board. See August 19, 2024, Ex Parte/Separation of Functions Memorandum and Order at 3.
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 August 19, 2024, Ex Parte/Separation of Functions Memorandum and Order at 2. ([t]he Board requests that the NRC Staff review these e-mails and make a prompt determination about whether all or any portion of each e-mail can be publicly released, after which the Staff should provide a copy of the publicly available versions of these communications with any appropriate redactions for the docket of this proceeding via a public filing through the agencys E-Filing system.).
The NRC Staff notes that the ex parte/separation of functions document associated with the August 19, 2024, Ex Parte/Separation of Functions Memorandum and Order placed on the nonpublic docket was not text searchable; therefore, it remains not text searchable, as submitted by the NRC Staff.
3 appropriately redacted and withheld already exists.5 The NRC Staff did, however, identify and redact information, withheld under 10 C.F.R. § 2.390(a)(6), in NRC Staff Non-Public Attachment 1 - August 19, 2024, Ex Parte/Separation of Functions.6 On October 9, 2024, the Licensing Board notified the parties that it received three (3) additional emails from the same member of the NRC Staff that the Licensing Board treated consistently with the agencys policies for handling ex parte and separation of functions communications.7 The Licensing Board also requested that the NRC Staff review two (2) of these emails8 to determine whether all or any portion could be publicly released.9 The NRC Staff also identified CEII in the email contained in Attachment B to the Licensing Boards October 9, 2024, Memorandum (nonpublic),10 completed its process and applied redactions accordingly.11 Consistent with the Licensing Boards direction,12 the NRC Staff is providing a 5 See Response to Freedom of Information Act (FOIA) Request (2018-000318 (Rev)), Study of Reprisal and Chilling Effect for Raising Mission-Related Concerns and Differing Views at the NRC (June 27, 2018)
(ML18179A032). The NRC Staff notes that the version provided to the Licensing Board in the ex parte/separation of functions communications was unredacted; however, the NRC Staff revisited the redactions that had been made during the processing of the FOIA request and affirmed that these redactions continue to be appropriate, and the information should continue to be withheld.
6 See NRC Staff Non-Public Attachment 1 - August 19, 2024, Ex Parte/Separation of Functions at email dated July 29, 2024, at 11:30p.m.. The NRC Staff notes that this email repeats within the ex parte/separation of functions communications.
7 See 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).
8 The Licensing Board determined one of the three emails could be placed on the public docket and did so as part of its Memorandum and Order. See October 9, 2024, Ex Parte/Separation of Functions Memorandum and Order at 2 (stating, For the September 23, 2024 e-mail, we find this an appropriate approach and include that e-mail as Attachment A to this issuance.).
9 See October 9, 2024, Ex Parte/Separation of Functions Memorandum and Order at 2-3. Additionally, the NRC Staff notified the Licensing Board that the Staff did not identify any sensitive information in the e-mail in Attachment A, which the Board subsequently placed on the public docket to this proceeding. See NRC Staff October 16, 2024, Status Update Regarding Ex Parte/Separation of Functions Communications at 2 (Oct. 16, 2024) (ML24290A113); Licensing Board Memorandum (Making September 26, 2024 Ex Parte/Separations of Functions Communication Publicly Available) (Oct. 18, 2024) (ML24292A132).
10 See also, October 9, 2024, Ex Parte/Separation of Functions Memorandum and Order.
11 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).
12 See October 9, 2024, Ex Parte/Separation of Functions Memorandum and Order at 3 (stating, Upon completing its review, the Staff should provide a copy of the publicly available versions of these
4 copy of a redacted version of this ex parte/separation of functions communication that could be made publicly available as NRC Staff Non-Public Attachment 2 - October 9, 2024, Ex Parte/Separation of Functions, with appropriate redactions applied, on the nonpublic docket through the NRCs E-Filing system with information withheld under 10 C.F.R. § 2.390(a)(3).13 In conclusion, the NRC Staff has completed its process14 for reviewing all of the ex parte/separation of functions communications associated with the August 19, 2024, ex parte/separation of functions Memorandum and Order15 and Attachment B to the Licensing Boards October 9, 2024, ex parte/separation of functions Memorandum (nonpublic).16 Accordingly, consistent with the Licensing Boards direction,17 the NRC Staff is providing, as discussed above, a copy of these redacted versions entitled, NRC Staff Non-Public Attachment 1 - August 19, 2024, Ex Parte/Separation of Functions and NRC Staff Non-Public Attachment 2
- October 9, 2024, Ex Parte/Separation of Functions, with appropriate redactions applied, on the nonpublic docket through the NRCs E-Filing system that could be made publicly available.
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 communications with any appropriate redactions for the docket of this proceeding through the agencys E-Filing system.).
13 The NRC Staff notes that Attachment B to the October 9, 2024, Memorandum (nonpublic) was not text searchable; therefore, it remains not text searchable, as submitted by the NRC Staff.
14 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).
15 See August 19, 2024, Ex Parte/Separation of Functions Memorandum and Order.
16 See also, October 9, 2024, Ex Parte/Separation of Functions Memorandum and Order.
17 See id. at 3; August 19, 2024, Ex Parte/Separation of Functions Memorandum and Order at 2.
5 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 NOVEMBER 21, 2024, NOTIFICATION THAT REVIEW OF EX PARTE/SEPARATION OF FUNCTIONS COMMUNICATIONS TO IDENTIFY CEII IS COMPLETE, 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