ML24346A368
| ML24346A368 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 12/11/2024 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | Beyond Nuclear, Duke Energy Carolinas, NRC/OGC, Sierra Club |
| SECY RAS | |
| References | |
| RAS 57219, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2, ASLBP 24-985-03-SLR-BD01 | |
| Download: ML24346A368 (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 11, 2024 MEMORANDUM AND ORDER (Granting Petitioners Unopposed Time Extension Motion)
In a December 9, 2024 unopposed request, petitioners Beyond Nuclear, Inc. and the Sierra Club, Inc. (collectively Petitioners) sought a one-business day (three-calendar days) extension, i.e., until December 16, 2024, to submit a Licensing Board-sanctioned motion concerning the disclosure of recently redacted documents under the official acknowledgment precept.1 That motion also outlined an alternative schedule, proposed by the Nuclear Regulatory Commission (NRC) Staff and agreed to by Petitioners, that would permit Petitioners motion to be submitted by December 23, 2024, with any answers from the Staff and applicant 1 See Unopposed Motion by [Petitioners] for Extension of Time to Submit Motion Challenging Withholding of Redacted Information (Dec. 9, 2024) at 1 & n.1 [hereinafter Petitioners Time Extension Motion]; see also Licensing Board Memorandum and Order (Rulings Regarding Protective Order Reconsideration/Clarification Motions and Submissions Concerning Public Release of Redacted Versions of June 24, 2024 Initial Prehearing Conference Transcript, Four Filings by Petitioners, and Ex Parte/Separation of Functions Communications; Establishing Briefing Schedule for Challenging Withholding of Redacted Information) (Dec. 2, 2024) at 18 (unpublished) [hereinafter Board Decision Regarding Public Release of Redacted Documents].
Duke Energy Carolinas, L.L.C. (Duke) due by January 6, 2025. See Petitioners Time Extension Motion at 1. But because the motion made no mention of Dukes position regarding the alternative schedule, the Board in a December 10, 2024 issuance provided Duke with an opportunity to submit its views on that alternate timetable.2 In its December 11, 2024 response, Duke expresses a concern about the carrying costs that Duke and its customers are forced to incur for each additional day it waits to receive [the renewed Oconee Nuclear Station] licenses.3 As a consequence, Duke opposes the alternative schedule if it would impact the January 17, 2025 date that the Board in its recent 10 C.F.R.
§ 2.309(j)(1) notice identified as the time by which its decision on Petitioners hearing request would be issued.4 Under 10 C.F.R. § 2.307(a), time extensions may be granted for good cause, or by stipulation approved by a presiding officer. Based on the information provided in Petitioners December 9 motion and Dukes December 11 filing,5 the Board concludes that good cause has 2 See Licensing Board Memorandum and Order (Providing Opportunity for Applicant to Submit Its Views Regarding Alternative Schedule Proposed in Petitioners Time Extension Motion) (Dec. 10, 2024) at 2 (unpublished).
3 See Letter from Ryan K. Lighty, Counsel for Duke, to Licensing Board at 2 (Dec. 11, 2024).
4 See id.; see also Licensing Board Memorandum (Fourth Notice Regarding Issuance of Decision) (Dec. 2, 2024) at 2 (unpublished).
5 Petitioners stated in their motion that a supporting basis for their extension request was their need for 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[, 2024]
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.
Petitioners Time Extension Motion at 2. In this context, the Board reminds the participants that Petitioners motion and any subsequent filings must be limited to arguments that can be been established for granting Petitioners an extension of time to file their motion up through and including Monday, December 16, 2024. Further, because Petitioners will be afforded thirteen calendar days within which to submit their motion, the Board will provide a similar period for Staff and Duke to file their answers to Petitioners motion, which shall be due on or before Monday, December 30, 2024.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland December 11, 2024 litigated on the public record. Board Decision Regarding Public Release of Redacted Documents at 19. This public record limitation would, of course, apply to any information contained in materials provided in support of such submissions.
/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 (Granting Petitioners Unopposed Time Extension Motion) 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 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 (Granting Petitioners Unopposed Time Extension Motion)
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 11th day of December 2024.
2 KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.12.11 15:05:40 -05'00'