ML25007A195
| ML25007A195 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 01/07/2025 |
| From: | Mary Spencer NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57253, ASLBP 24-986-01-LA-BD01, 50-255-LA-3 | |
| Download: ML25007A195 (0) | |
Text
January 7, 2025 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, AND HOLTEC PALISADES, LLC (Palisades Nuclear Plant)
Docket No. 50-255-LA-3 NRC STAFF ANSWER TO MOTION FOR RECONSIDERATION REGARDING ORAL ARGUMENT Pursuant to 10 C.F.R. § 2.323(c), the U.S. Nuclear Regulatory Commission (NRC) staff (Staff) herein answers a motion for reconsideration (Motion) from Beyond Nuclear, Dont Waste Michigan, Michigan Safe Energy Future, Three Mile Island Alert, and Nuclear Energy Information Service (Petitioning Organizations).1 As the Staff informed Petitioning Organizations during consultation, the Staff does not support the Motion because (1) the Petitioning Organizations have not satisfied the compelling circumstances standard in 10 C.F.R.
§ 2.323(e); (2) the Petitioning Organizations have had ample opportunity to make their affirmative arguments in writing, and oral argument is not for the purpose of making new arguments; and (3) the licensing board (Board) has permissibly exercised its discretion on whether to hold oral argument and how much time to allot to it. The Applicant has addressed the relevant legal authorities in its answer to the Motion,2 so the Staff will not belabor these points in the instant response. The Staff will only add that, while the Board has allotted itself 15 minutes 1 Petitioning Organizations Motion for Reconsideration of Prehearing Conference Agenda (Jan. 3, 2025)
(Motion).
2 Applicants Opposition to Petitioning Organizations Motion for Reconsideration (Jan. 6, 2025).
per participant for Board questions,3 we understand that the Board did so to inform the participants of how much time it expected to take for questions based on its consideration of the participants written pleadings. However, the Board has the authority at oral argument to take additional time to ask questions, as the Board deems appropriate, to support an informed decision. The Board may exercise this discretion during oral argument without needing to reconsider its prior decision.
Respectfully submitted,
/Signed (electronically) by/
Michael A. Spencer Counsel for NRC Staff Mail Stop: O14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9115 Email: Michael.Spencer@nrc.gov Dated January 7, 2025 3 Holtec Decommissioning International, LLC (Palisades Nuclear Plant), LBP Memorandum and Order (Scheduling Initial Prehearing Conference) (Dec. 30, 2024) (unpublished) (ML24365A200).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, AND HOLTEC PALISADES, LLC (Palisades Nuclear Plant)
Docket No. 50-255-LA-3 Certificate of Service Pursuant to 10 C.F.R. § 2.305, I hereby certify that the NRC Staff Answer to Motion for Reconsideration Regarding Oral Argument, has been filed through the NRCs E-Filing System this 7th day of January 2025.
/Signed (electronically) by/
Michael A. Spencer Counsel for NRC Staff Mail Stop: O14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9115 Email: Michael.Spencer@nrc.gov Dated January 7, 2025