ML25161A232
| ML25161A232 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/10/2025 |
| From: | Carrie Safford NRC/SECY |
| To: | Epstein E Three Mile Island Alert |
| SECY RAS | |
| References | |
| RAS 57378, 50-289-LA-2 | |
| Download: ML25161A232 (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 Mr. Eric Joseph Epstein, on behalf of Three Mile Island Alert, has submitted a request to the NRC, citing the National Environmental Policy Act (NEPA) and the Commissions inherent supervisory authority to protect the integrity of its licensing and NEPA decisions.1 The request asks the Commission to suspend any processing or consideration of a planned license amendment request by Constellation Energy Generation, LLC (CEG) to allow receipt of new fuel to support potential restart of the Christopher M. Crane Clean Energy Center, formerly Three Mile Island, Unit 1.2 In summary, Mr. Epstein asserts that CEG intends to seek a license amendment that would enable CEG to acquire nuclear fuel in advance of obtaining the NRCs authorization to restart operation of the reactor, and that the Commission should enjoin CEG from doing so because it would comprise an irreversible and irretrievable commitment of resources that would prejudice the NRCs NEPA review.3 1 Eric Joseph Epsteins Request to Bar Receipt of New Fuel to Support Potential Restart of the Facility (May 27, 2025) (ADAMS accession no. ML25147A024) (Request). This document was submitted using the NRC Electronic Information Exchange system and filed on an adjudicatory docket (50-289-LA-2) that had been previously created for an unrelated hearing request from Mr. Epstein, which was denied on May 8, 2025. Order of the Secretary of the Commission (May 8, 2025) (unpublished) (ML25128A345); Order of the Secretary of the Commission (June 5, 2025) (unpublished) (ML25156A292).
2 Request at 2.
3 Id. at 2, 4.
Pursuant to my authority under 10 C.F.R. § 2.346(j), I deny the request, without prejudice. As Mr. Epstein acknowledges, CEG has not submitted to the NRC the license amendment request to which he objects.4 Should CEG submit the license amendment request he describes, the NRC would at that time publish notice in the Federal Register and provide any person whose interest may be affected by the proceeding with an opportunity to file a written request for hearing or petition for leave to intervene, in accordance with NRC regulations governing such requests. See generally 10 C.F.R. § 2.309. For this reason, Mr. Epsteins request is premature and provides no compelling reason for the NRC to deviate from its ordinary processes for public participation in licensing proceedings.
This order is issued pursuant to my authority in 10 C.F.R. § 2.346(j).
For the Commission Carrie M. Safford Secretary of the Commission Dated at Rockville, Maryland, this 10th day of June 2025.
4 While not specifically referenced in the Request, Mr. Epstein appears to be referring to the planned license amendment request that was the subject of a recent NRC public meeting with representatives from CEG. See Notice of Meeting with Constellation Energy Generation, LLC (May 19, 2025) (ML25148A402); Crane Clean Energy CenterPresentation for New Fuel Receipt Pre-submittal Meeting (May 28, 2025) (ML25148A129).
CARRIE SAFFORD Digitally signed by CARRIE SAFFORD Date: 2025.06.10 16:18:38
-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 10th day of June 2025.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2025.06.10 16:22:46 -04'00'