ML24344A260
| ML24344A260 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 12/09/2024 |
| From: | Curran D Beyond Nuclear, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Sierra Club |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57216, 50-287-SLR-2, 50-269-SLR-2, 50-270-SLR-2 | |
| Download: ML24344A260 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
Duke Energy Carolinas, LLC
) Docket Nos. 50-269/270/287 SLR Oconee Nuclear Station,
) December 9, 2024 Units 1, 2 & 3
)
UNOPPOSED MOTION BY BEYOND NUCLEAR AND SIERRA CLUB FOR EXTENSION OF TIME TO SUBMIT MOTION CHALLENGING WITHHOLDING OF REDACTED INFORMATION INTRODUCTION Pursuant to 10 C.F.R. §§ 2.307(a) and 2.323, Petitioners Beyond Nuclear and the Sierra Club hereby request a one-working-day extension of the December 13, 2024 deadline for submitting a motion to disclose recently redacted documents under the public acknowledgement doctrine, or until December 16, 2024.1 Duke Energy Carolinas, L.L.C. (Duke) and the U.S.
Nuclear Regulatory Commission (NRC) Staff do not oppose the motion. In the consultation process pursuant to 10 C.F.R. § 2.323(b), the Staff proposed a briefing schedule that would set a deadline of December 23 for Petitioners and January 6 for the Staff and Duke. The Staffs alternative schedule would avoid opposing parties having to respond to Petitioners on December 26, i.e., during the winter holidays. Petitioners agree that the Staffs proposal is reasonable.
1 The Atomic Safety and Licensing Board (ASLB) has established a deadline of ten days from the NRC Staffs posting on ADAMS of the redacted documents, which consist of three pleadings, an expert report, and a transcript of an oral argument before the Board. Memorandum and Order (Rulings Regarding Protective Order Reconsideration/Clarification Motions, Etc.) at 18 (citing 10 C.F.R. § 2.323(a)(2)) (Dec. 2, 2024). The ten-day clock began to run when the U.S.
Nuclear Regulatory Commission (NRC) Staff issued a notice that the documents had been posted on the NRCs Electronic Hearing Docket. Memorandum from Russell E. Chazell, Assistant for Rulemakings and Adjudications, to Service List re: Designation of Certain Documents as Publicly Available in the Oconee SLR-2 Proceeding (Dec. 3, 2024).
2 As required by 10 C.F.R. §§ 2.307(a), Petitioners respectfully submit that they have good cause for a one-day extension from December 13 to December 16 in the following respects:
First, in order to satisfy Petitioners burden of going forward, with affirmative evidence of official acknowledgment, see, e.g., ACLU v. CIA, 710 F.3d 422, 427 (D.C. Cir. 2013), they will need a significant amount of time to research, analyze and present the public disclosure status of a large number of source documents that were cited in support of the redacted information in Petitioners pleadings, expert report, and the June 24 transcript. Petitioners will also need time to identify source documents that are still missing from public ADAMS and address the legal significance under the public acknowledgement doctrine of the absence of those records from public ADAMS.
In addition, undersigned counsel and Petitioners expert consultant, Jeffrey Mitman, each has had or will have pre-scheduled and necessary surgery during the ten-day period between December 3 and December 13 that has rendered or will render them unable to work for the entire day of the surgery. Petitioners request the additional business day in order to compensate for the two-day lapse in the full availability of Petitioners litigation team during the relatively brief ten-day period allowed by the Boards order.
Respectfully submitted,
___/signed electronically by/__
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com December 9, 2024
3 CERTIFICATE OF COUNSEL PURSUANT TO 10 C.F.R. § 2.323(b)
I certify that on December 6, 2024, I contacted counsel for the Duke Energy Carolinas, LLC (Duke) and the NRC Staff in a sincere effort to resolve the issues raised in this conditional motion. Their responses are described in the first paragraph of the motion above.
___/signed electronically by/__
Diane Curran CERTIFICATE OF SERVICE I certify that on December 9, 2024, I posted UNOPPOSED MOTION BY BEYOND NUCLEAR AND SIERRA CLUB FOR EXTENSION OF TIME TO SUBMIT MOTION CHALLENGING WITHHOLDING OF REDACTED INFORMATION on the NRCs Electronic Information Exchange.
___/Electronically signed by/__
Diane Curran