ML24340A257
| ML24340A257 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 12/05/2024 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | NRC/OGC, NRC/SECY |
| SECY RAS | |
| References | |
| RAS 57213, 50-287-SLR-2, 50-269-SLR-2, 50-270-SLR-2, ASLBP 24-985-03-SLR-BD01 | |
| Download: ML24340A257 (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 December 5, 2024 MEMORANDUM AND ORDER (Concerning Additional Ex Parte/Separation of Functions Communication)
The Licensing Board has received an additional e-mail dated December 3, 2024, from Lawrence Criscione, a member of the Nuclear Regulatory Commission (NRC) technical staff, that refers to concerns regarding the Oconee facility. Consistent with the agencys rules governing the receipt of ex parte and separation of functions communications, the Board has determined that this e-mail should be placed in the docket of this proceeding. See 10 C.F.R.
§§ 2.347(c), 2.348(c). Moreover, consistent with these rules outlining the prohibition on ex parte communications and the recognized separation between agency adjudicatory and technical staff, we cannot and do not consider Mr. Crisciones e-mail.1 1 See Licensing Board Memorandum and Order (Notice Concerning Ex Parte/Separation of Functions Communications) (Aug. 19, 2024) at 3 (unpublished) [hereinafter Board Order Concerning Ex Parte/Separation of Functions Communications]. As the Board has indicated previously, an e-mail of this sort is improper. See Licensing Board Memorandum (Making September 26, 2024 Ex Parte/Separation of Functions Communication Publicly Available)
(Oct. 18, 2024) at 1 (unpublished). Under the agencys ex parte and separation of functions restrictions, it is inappropriate to send Board members (whether individually or as part of a
As we noted in our August 19, 2024 order regarding such communications, under these regulatory provisions the e-mail generally would be placed into the public portion of the docket for this proceeding. See Board Order Concerning Ex Parte/Separation of Functions Communications at 1. The contents of the December 3, 2024 e-mail, however, merit prompt NRC Staff review to ascertain whether they contain Sensitive Unclassified Non-Safeguards Information (SUNSI), including Critical Energy/Electric Infrastructure Information (CEII), so as to warrant redaction before being made publicly available. See id. at 2.
To that end, we are submitting the e-mail for inclusion in the docket of this proceeding as nonpublic information in accordance with existing Protective Order B.2 But in doing so, we are not including the attachment to that e-mail, which we have reviewed and determined contains nothing associated with the merits of this proceeding.
As it has done previously,3 upon completing its review the Staff should provide through the agencys E-Filing system a copy of the publicly available version of this communication with any appropriate redactions for the docket of this proceeding. And, as it also has done previously,4 on a weekly basis beginning on Friday, December 13, 2024, the Staff shall provide the Board with a status report on its SUNSI/CEII review effort that includes a good faith estimate of the specific date by which that redaction process will be completed. This weekly reporting obligation will continue until the Staff furnishes a redacted copy of a publicly available version of group mailing) an e-mail that contains information that might be associated with the issues in a proceeding without also serving that e-mail on the proceedings other participants.
2 See Licensing Board Memorandum and Order (Protective Order B Regarding Ex Parte/Separation of Functions Communications) (Aug. 19, 2024) (unpublished).
3 See NRC Staff November 21, 2024, Notification That Review of Ex Parte/Separation of Functions Communications to Identify CEII Is Complete (Nov. 21, 2024).
4 See Licensing Board Memorandum and Order (Requesting Weekly NRC Staff Status Report on Redaction Review Efforts) (Oct. 18, 2024) at 2-3 (unpublished); see also Licensing Board Memorandum (Regarding the Need in Weekly Status Reports to Provide a Good Faith Date-Specific Estimate for Completing the Redaction Process) (Nov. 18, 2024) at 2-3 (unpublished).
the ex parte/separation of functions communication or advises the Board that the communication does not require any redactions.
Finally, at the Boards request, the Office of the Secretary will provide a copy of this memorandum and order to Mr. Criscione concurrently with its issuance.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland December 5, 2024
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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DUKE ENERGY CAROLINAS, LLC,
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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)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Concerning Additional Ex Parte/Separation of Functions Communication) has 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 E-mail: david.roth@nrc.gov susan.vrahoretis@nrc.gov mary.woods@nrc.gov megan.wright@nrc.gov kevin.bernstein@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 AND ORDER (Concerning Additional Ex Parte/Separation of Functions Communication) 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 5th day of December 2024.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.12.05 16:20:07 -05'00'