ML25014A335
| ML25014A335 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 01/07/2025 |
| From: | Curran D Beyond Nuclear, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Sierra Club |
| To: | NRC/OCIO/DIME/FLICB |
| References | |
| FOIA-2024-000663 | |
| Download: ML25014A335 (3) | |
Text
September 23, 2024 FOIA Officer Mail Stop T-2 F43 U.S. Nuclear Regulatory Commission Washington, DC 20555 BY EMAIL: foia.resources@nrc.gov and BY FOIAOnline at www.foia.gov
SUBJECT:
Freedom of Information Act Request
Dear FOIA Officer:
On behalf of the Beyond Nuclear, Inc. and the Sierra Club, Inc. (Organizations) and pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. § 552 et seq.) and U.S. Nuclear Regulatory Commission (NRC) FOIA implementing regulations in 10 C.F.R. Part 9, I am writing to request access to and copies of the unredacted transcript of a June 24, 2024 oral argument before the NRCs Atomic Safety and Licensing Board in the adjudicatory proceeding for Duke Energy Carolinas, LLPs application for subsequent license renewal (SLR) of the operating licenses for Oconee Nuclear Station, Units 1, 2, and 3 (Docket Nos. 50-269, 50-270, and 50-287). As petitioners in the adjudicatory proceeding, we have been informed that this record has been redacted at the request of the Federal Energy Regulatory Commission (FERC).
It is our understanding that the redactions remove information regarding the differing flood height to which the NRC previously required the Oconee reactors to be protected and the flood heights to which h NRC ently requires their protection.
If you redact any portion of the requested record pursuant to 10 C.F.R. § 9.19, please identify the legal exemption on which you rely for each redaction.
Please provide the requested documents in electronic (pdf) format.
Request for Waiver of Fees As described further below, the Organizations do not make this request for commercial purposes and thus may not be charged review fees. See 5 U.S.C. § 552(a)(4)(A)(ii).
In addition, pursuant to federal regulations at 10 CFR § 9.41, the Organizations request that any searching and cop i f
i urred as a result of this search be waived. The Organizations satisfy all of the NRCs criteria in 10 C.F.R. § 9.41(b) for this FOIA request:
- 1) Purpose of request: The requested document contains information regarding the risk of a core melt accident caused by flooding at the Oconee nuclear power plant. As discussed above, we understand that at least some of this information has been redacted by the NRC Staff. We seek full disclosure so that the public may have a more complete understanding of the safety risks. We believe that all of the information that has been redacted from the transcript was previously posted on public ADAMS - some of it in response to previous FOIA requests - but the information has now been withdrawn. This FOIA request is one of a
NRC FOIA Officer September 23, 2024 Page 2 set of FOIA requests seeking to ensure that as much of the information as possible remains on the public record. See the Organizations previous FOIA Request, dated Sept. 6, 2024 (case # FOIA-2024-000550).
The requested record contains information that is highly relevant to Duke Energy Corporations recent application for SLR of the three Oconee operating licenses, which would permit extended operation of the reactors for twenty years beyond their current 60-year terms. The Organizations seek the requested information in order to participate in the SLR proceeding for the Oconee reactors in a public setting, so that affected members of the public can understand the risks posed by continued operation of the Oconee reactors. The Organizations h i
duce information in the requested record regarding flood protection at Oconee as evidence in public hearings on Dukes SLR application. Petitioners hearing request, which raises concerns regarding flooding risks to the Oconee reactors, is now pending before the NRCs Atomic Safety and Licensing Board (ASLB).
- 2) Extent to which the Organizations will extract and analyze the substantive content of the records: The Organizations have retained a highly qualified expert, Jeffrey T. Mitman, to assist them in evaluating the document requested here and in FOIA-2024-000550, and presenting the information they contain in an evidentiary hearing if the Licensing Board grants the Organizations hearing request. And whether or not the ASLB grants their hearing request, the Organizations will publish the requested information in correspondence with the media and public officials and their members.
The Sierra Cl ers living close to the Oconee reactors who seek a better understanding of the environmental and safety risks posed by the reactors. Beyond Nuclear also has members who live close to the Oconee reactors and seek a better understanding of the environmental and safety risks posed by the reactors.
In addition, Beyond Nuclear has a long track record of communicating with the public regarding the significant safety risks posed by the operation of Oconee and other reactors.
Beyond Nuclear is quoted in national and international media and has been cited as a reliable source of information on NRC oversight and enforcement of regulation regarding the operation of nuclear power generating stations and public safety in electronic and print media including newspapers such as the New York Times and the Washington Post.1 Beyond 1 See, for instance "Nuclear Boosterism has gotten reckless," March 22, 2024, Utility Dive, https://www.utilitydive.com/news/nuclear-boosterism-has-gotten-reckless/710777/; "Can Aging US Nuclear Power Plants Withstand More Extreme Weather," April 23, 2024, E360, Yale School of Environment, Yale University, https://e360.yale.edu/digest/u.s.-nuclear-power-climate-change; "Environmental Groups Slam Plan to Reopen Michigan Nuclear Plant," September 23, 2022, Detroit News, https://www.detroitnews.com/story/news/local/michigan/2022/09/23/environment-groups-slam-plan-to-reopen-michigan-nuclear-plant/69514085007/; "Feds Rescind License Extension for Florida Nuclear Plant," April 24, 2022, Miami Herald, https://apnews.com/article/climate-business-miami-florida-environment-024ebc960fb018446e6f8c5a8f733ed7.
NRC FOIA Officer September 23, 2024 Page 3 Nuclear is recognized and utilized as a reliable source of information in the broadcast media of television, radio and the worldwide web. Beyond Nuclear has a working relationship with physicists, structural and nuclear engineers, federal policy analysts and other respected professionals who contribute to the full understanding of the NRC oversight and regulation of operational safety and reliability of nuclear power generating stations seeking Subsequent License Renewal, including Oconee.
- 3) Nature of the specific activity or research in which the record will be used and Beyond Nuclear qualifications to utilize the information for the intended use in such a way that it will contribute to public understanding: The Organizations seek to disseminate the information to the public in t
( ) general dissemination to the public via their websites and other communications; and (b) through participation in the NRCs public adjudicatory proceeding on whether and under what conditions the Oconee reactors should be allowed to operate for an additional twenty years.
- 4) Likely impact on the public understanding of the subject as compared to the level of understanding of the subject prior to disclosure: The vulnerability of the Oconee reactors to a core melt accident caused by flooding due to breach of the upstream Jocassee Dam has been a controversial issue within the NRC for decades. While NRC initially withheld relevant documents from public disclosure, hundreds were later released, documenting that the issue remains unresolved.
Now, unfortunately, the NRC is attempting once again to hide this important safety information fr utiny and understanding by withdrawing it from public ADAMS.
Through this FOIA request and FOIA-2024-000550, the Organizations seek a number of documents that are likely to enhance public understanding of the process by which the NRC identified a significant safety issue with the Oconee reactors, attempted to address it, and then backed off while making multiple attempts to hide the documents that would allow the public to understand what had happened.
- 5) Size and nature of the public to whose understanding a contribution will be made: The requested disclosures will reach a broad audience of the Organizations members, as well as a broader segment of the affected public. Beyond Nuclear has a membership of approximately 28,000 individuals and organizations who periodically receive communications from Beyond Nuclear. Beyond Nuclear also maintains a web site at www.BeyondNuclear.org, where postings on this issue will be made available. The Sierra Club has 3.8 million members, with whom the Sierra Club communicates via its website (www.sierraclub.org) and regular newsletters. Additionally, the Sierra Club has a webpage dedicated to nuclear safety and environmental issues, www.sierraclub.org/nuclear-free.
Both Organizations provide resource material to electronic and print media outlets with very broad outreach to a constituency and the interested public. As described above and in note 1, Beyond Nuclear also has established relationships with mainstream media outlets, who will likely disseminate the information further.