ML24348A186
| ML24348A186 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 12/13/2024 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57225, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2, ASLBP 24-985-03-SLR-BD01 | |
| Download: ML24348A186 (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 13, 2024 MEMORANDUM AND ORDER (Making December 3, 2024 Ex Parte/Separations of Functions Communication Publicly Available)
In a December 5, 2024 issuance, the Licensing Board placed into the nonpublic docket of this proceeding as an improper ex parte/separation of functions communication a December 3, 2024 e-mail from Lawrence Criscione, a member of the Nuclear Regulatory Commission (NRC) technical staff, that was directed to the Boards members and others and referred to concerns regarding the Oconee Nuclear Station.1 In taking this action, the Board indicated that the e-mail warranted further review by the NRC Staff to determine whether it contained nonpublic information so as to merit redaction before being made publicly available.
See Board Redaction Review Order at 2. In a December 12, 2024 Board notification, the Staff 1 See Licensing Board Memorandum and Order (Concerning Additional Ex Parte/Separation of Functions Communication) (Dec. 5, 2024) at 2 (unpublished) [hereinafter Board Redaction Review Order].
declared that it did not identify any sensitive information that warranted redactions in that email, which can be released to the public docket.2 The Board appreciates the Staffs expeditious action in reviewing this e-mail.
Consistent with similar treatment afforded a document in a December 2, 2024 Board issuance placing into the public portion of this proceedings docket a number of formerly nonpublic documents,3 the Boards December 5, 2024 nonpublic referral memorandum, to which the December 3, 2024 e-mail was attached, will become part of the public record of this proceeding in accordance with the following protocol:
Contemporaneous with this issuance the Licensing Board has provided the Office of the Secretary (SECY) with a replacement file containing the Boards December 5, 2024 referral memorandum and the accompanying attachment,4 from which has been stricken (1) the header CONTAINS PROTECTED INFORMATION - SUBJECT TO PROTECTIVE ORDER B on the issuance and the accompanying attachment; and (2) the uses of the word nonpublic in the issuance. This is intended to indicate that these references no longer reflect the availability status of the issuance or its attachment, thereby avoiding viewer uncertainty about this documents availability status as well as issues regarding the documents availability status during any future document repository reviews or scans. Further, the availability status of the document (including the attachment) will be changed by SECY from Non-Publicly Available to Publicly Available so that this issuance and the attachment will appear in the public portion of 2 NRC Staff Notification Regarding December 5, 2024, Ex Parte/Separation of Functions Communication Memorandum and Order (Dec. 12, 2024) at 2 (footnote omitted).
3 See 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) attach. A, at 5-6 (unpublished).
4 See Licensing Board Memorandum (Submitting Additional Document for Inclusion in the Docket as a Nonpublic Ex Parte/Separation of Functions Communication) (Dec. 5, 2024)
(unpublished).
the docket for this proceeding. The following comment also will be added to the ADAMS metadata for the document: The availability status of this document was changed from Non-Publicly Available to Publicly Available and pertinent references in the document to its former nonpublic status were lined-out pursuant to a December 13, 2024 Atomic Safety and Licensing Board Memorandum and Order (MLXXXXXXXXX).
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 13, 2024
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DUKE ENERGY CAROLINAS, LLC,
)
Docket Nos. 50-269 SLR-2
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50-270 SLR-2
)
50-287 SLR-2
)
(Oconee Nuclear Station Units 1, 2, and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Making December 3, 2024 Ex Parte/Separations of Functions Communication Publicly Available) 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 (Making December 3, 2024 Ex Parte/Separations of Functions Communication Publicly Available)
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 13th day of December 2024.
2 KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.12.13 12:57:22 -05'00'