ML25128A345
| ML25128A345 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/08/2025 |
| From: | Carrie Safford NRC/SECY |
| To: | - No Known Affiliation |
| SECY RAS | |
| References | |
| RAS 57350, 50-289-LA-2 | |
| Download: ML25128A345 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Docket No. 50-289-LA-2 CONSTELLATION ENERGY GENERATION, LLC.
(Application to Amend Renewed Facility License No. DPR-50)
ORDER On January 13, 2025, Constellation Energy Generation, LLC (CEG) submitted a license amendment request to the Nuclear Regulatory Commission (NRC) seeking an administrative amendment to its NRC Renewed Facility License No. DPR-50.1 If approved, the amendment would modify the existing license to reflect a facility name change from Three Mile Island, Unit 1 to Chistopher M. Crane Clean Energy Center. Thereafter, the NRC published notice of the receipt of the request and an opportunity to request a hearing and petition for leave to intervene in the Federal Register.2 In the notice, the NRC provided an April 21, 2025, deadline to submit any such requests and stated that a request for a hearing and petition for leave to intervene must be filed in accordance with 10 C.F.R. Part 2, Agency Rules of Practice and Procedure, including 10 C.F.R. § 2.309.
1 Letter from James Barstow, CEG, to NRC Document Control Desk License Amendment RequestApplication to Approve Facility Name Change from Three Mile Island, Unit 1 to Christopher M. Crane Clean Energy Center, Attachment 1 at 1 (Jan. 13, 2025) (ML25013A311)
(License Amendment Request).
2 Monthly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 90 Fed. Reg. 9739 (Feb. 18, 2025).
Mr. Eric Joseph Epstein submitted to the Nuclear Regulatory Commission a timely petition for leave to intervene and request for a hearing.3 The Petition contains one contention asserting that renaming the facility will have an adverse safety impact. Specifically, Mr. Epstein alleges that the constant name changes and fluid ownership of the facility have created confusion and uncertainty about the ultimate disposition of the site, and that every instance when the plant has changed names and owners, Three Mile Islands financial health has eroded[.]4 The Petition concludes with a summary statement that the contention meets the admissibility criteria in 10 C.F.R. § 2.309(f)(1)(i)-(vi).5 However, only one criterion is addressed.6 Pursuant to my authority under 10 C.F.R. § 2.346(h), I deny the Petition. I find that the Petition on its face fails to comply with the NRCs pleading requirements, in that it does not attempt to address each of the contention admissibility requirements in 10 C.F.R. § 2.309(f)(1).
The NRCs contention admissibility requirements ensure that NRC hearings cover only genuine and pertinent issues of concern and that hearings are effective and focused on real, concrete issues.7 By not addressing the contention admissibility criteria, Mr. Epstein fails to articulate a genuine dispute with the applicant on a material issue of law or fact. I further find that the Petition fails to set forth an arguable basis for further proceedings, particularly in light of the wholly administrative nature of this license amendment request.
This order is issued pursuant to my authority under 10 C.F.R. § 2.346(h).
3 Eric Joseph Epsteins Petition for Leave to Intervene and Request for a Hearing (Apr. 18, 2025) (Petition) (ML25108A166).
4 Id. at 16-17.
5 Id. at 20.
6 Id. at 17 (listing facts upon which the contention is based and citing 10 C.F.R. § 2.309(f)(1)(v)).
7 Changes to Adjudicatory Process, 69 Fed. Reg. 2182, 2189-90 (Jan. 14, 2004).
For the Commission Carrie M. Safford Secretary of the Commission Dated at Rockville, Maryland, this 8th day of May 2025.
CARRIE SAFFORD Digitally signed by CARRIE SAFFORD Date: 2025.05.08 16:23:43
-04'00'
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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CONSTELLATION ENERGY
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GENERATION, LLC.
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Docket No. 50-289-LA-2
)
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(Application to Amend Renewed Facility
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License No. DPR-50)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER OF THE SECRETARY OF THE COMMISSION 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 Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Susan Vrahoretis, Esq.
Jeremy Wachutka, Esq.
Julie Ezell, Esq.
Alana Bell, Esq.
Amanda Leatherman, Esq.
E-mail: susan.vrahoretis@nrc.gov jeremy.wachutka@nrc.gov julie.ezell@nrc.gov alana.bell@nrc.gov amanda.leatherman@nrc.gov Counsel for Constellation Energy Generation, LLC 101 Constitution Ave. NW, Suite 400 East, Washington, DC 20001 Jason Zorn. Esq.
E-mail: jason.zorn@constellation.com Counsel for Constellation Energy Generation, LLC Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Ryan Lighty. Esq.
Alex Polonsky, Esq.
E-mail: ryan.lighty@morganlewis.com alex.polonsky@morganlewis.com Eric J. Epstein 4100 Hillsdale Rd.
Harrisburg, PA 17112 E-mail: btkimmett@gmail.com Office of the Secretary of the Commission Dated at Rockville, Maryland, this 8th day of May 2025.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2025.05.08 16:44:59 -04'00'