ML25044A034
| ML25044A034 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 02/13/2025 |
| From: | Carrie Safford NRC/SECY |
| To: | Beyond Nuclear, Sierra Club |
| SECY RAS | |
| References | |
| RAS 57286, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 | |
| Download: ML25044A034 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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 50-287-SLR-2 ORDER In a Memorandum and Order dated January 17, 2025, the Atomic Safety and Licensing Board denied a motion by Beyond Nuclear and Sierra Club (together, Petitioners) requesting that the Board order the disclosure of redacted and other nonpublic information.1 In so doing, the Board referred two questions to the Commission: (1) whether participants in an agency adjudicatory proceeding are able to raise before the presiding officer a challenge to a Sensitive Unclassified Non-Safeguards Information (SUNSI)/Critical Energy/Electric Infrastructure Information (CEII) redaction determination; and (2) whether the official acknowledgment doctrine provides a basis in this proceeding for a nonpublic document to be returned to its previous status as a public document.2 The parties are invited to provide their views on the Boards referred questions. Pursuant to my authority under 10 C.F.R. § 2.346(a) and (j), the parties may submit initial briefs, not to exceed 20 pages (exclusive of the title page, table of contents, and table of authorities), by March 3, 2025. Thereafter, the parties may file responsive briefs by March 28, 2025. Responsive briefs may not exceed 10 pages.
1 Licensing Board Order (Denying Petitioners Document Disclosure Motion and Referring Ruling to the Commission) (Jan. 17, 2025), at 25 (unpublished).
2 Id.
The Commission is also in receipt of a motion by Petitioners for a two-week extension of the deadline for submitting their notice of appeal and supporting brief concerning LBP-25-1, the Boards decision denying their request for hearing and petition to intervene.3 Duke Energy Carolinas, LLC (Duke), does not oppose a one-week extension of the filing deadline given the proximity of another deadline in a federal court proceeding.4 While litigation burden is not ordinarily good cause for an extension, in consideration of Petitioners imminent federal court filing deadline and the concurrent opportunity afforded to Petitioners to address the questions referred by the Board, pursuant to my authority under 10 C.F.R. § 2.346(b), I grant Petitioners motion in part and extend the deadline for Petitioners to file their appeal to February 24, 2025.
Any answers to Petitioners appeal should be filed by March 21, 2025.
Finally, Petitioners request a page limit increase for their appeal brief from 30 to 50 pages.5 As justification for their request, Petitioners state that [a]n extension of the page limit is necessary in order to allow Petitioners a fair and meaningful opportunity to brief the extensive history of this case and the multiple issues raised in the proceeding below.6 Petitioners have not shown good cause to justify significantly expanding the 30-page limit on supporting briefs.
Therefore, I deny Petitioners request. Petitioners supporting brief and any answers should conform to the standard requirements in 10 C.F.R. §§ 2.311(b) and 2.341(c)(3).
3 Motion by Beyond Nuclear and Sierra Club for Extension of Time and Page Limit for Their Appeal of LBP-25-01 (Feb. 3, 2025), at 1 (Motion).
4 Duke Energy Carolinas, LLCs Answer Partially Opposing Petitioners Motion for Extension of Time and Page Limits (Feb. 4, 2025), at 2, 7-8 (Duke Answer). The NRC Staff opposes Petitioners request. NRC Staffs Answer Opposing Motion by Beyond Nuclear and Sierra Club for Extension of Time and Page Limit for Their Appeal of LBP-25-01 (Feb. 7, 2025), at 2-4 (Staff Answer).
5 Motion at 7. Both Duke and the Staff oppose Petitioners request. Duke Answer at 2; Staff Answer at 4-5.
6 Motion at 7.
For the Commission Carrie M. Safford Secretary of the Commission Dated at Rockville, Maryland, this 13th day of February 2025.
CARRIE SAFFORD Digitally signed by CARRIE SAFFORD Date: 2025.02.13 08:32:10 -05'00'
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 ORDER OF THE SECRETARY 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)
ORDER OF THE SECRETARY 2
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 February 2025.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2025.02.13 08:47:20 -05'00'