NRC-2025-0079, Request for Access to Sensitive Unclassified Non-Safeguards Information Regarding Construction Permit Application from Long Mott Energy, LLC
| ML25174A087 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 06/20/2025 |
| From: | Perales M Perales, Allmon & Ice, P.C., San Antonio Bay Estuarine Waterkeeper |
| To: | Tison Campbell, Carrie Safford NRC/OGC, NRC/SECY |
| References | |
| NRC-2025-0079 | |
| Download: ML25174A087 (1) | |
Text
June 20, 2025 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Attention: Rulemakings and Adjudications Staff Hearing.Docket@nrc.gov Deputy General Counsel for Licensing, Hearings, and Enforcement Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 RidsOgcMailCenter.Resource@nrc.gov RE: Request for Sensitive Unclassified Non-Safeguards Information (SUNSI) regarding Construction Permit Application, submitted by Long Mott Energy, LLC, for the proposed Long Mott Generating Station in Calhoun County, Texas; Docket No. 50-614; NRC-2025-0079; notice provided at 90 Fed. Reg. 24428 (June 10, 2025).
Dear NRC:
This is a request for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) related to the Application submitted by Long Mott Energy, LLC, for a construction permit for the proposed Long Mott Generating Station, a four-unit reactor facility proposed to be built in Calhoun County, Texas. See 90 Fed. Reg. 24428 (June 10, 2025). The individuals described below are associated with San Antonio Bay Estuarine Waterkeeper (Waterkeeper), a potential party who will seek to intervene in and expects to have standing in this proceeding regarding Long Mott Energys Application, under 10 C.F.R. § 2.309. Accordingly, they seek access to SUNSI information that is necessary for purposes of preparing their contentions; more specifically, they seek access to those portions of Section VII of the Application that have been withheld under 10 C.F.R. § 2.390(d)(1). This includes: PSAR Figure 1.1-6, PCDAS Security Level Architecture Diagram; Aircraft Impact Assessment; and PSAR Figures 7.3.1-1 through 7.3.1-13, plan and elevation views of non-safety-related with special treatment nuclear island structures.
Waterkeeper is a non-profit membership organization whose mission is to protect Lavaca, Matagorda, and San Antonio Bays and to educate the public about these ecologically important estuarine systems. It is part of a national network of organizations in the Waterkeeper Alliance.
Waterkeeper investigates violations of environmental permits, participates in the pollution permitting process, and educates the public on the sources of pollution that impact Calhoun
2 County. Waterkeeper also promotes the preservation of local wetlands and waterways for commercial and sport fishing and other recreational uses, often working with shrimpers and oystermen who earn their livelihood fishing in waterbodies within 50 miles of the proposed reactors. Waterkeeper includes members who reside, recreate, and work within 50 miles of the proposed reactors and who will be affected by the reactor facility that is the subject of Long Mott Energys construction permit Application. Waterkeepers mailing address is 600 Ramona Road, Seadrift, TX 77983.
The following individuals, associated with Waterkeeper, seek access to the SUNSI information described above:
Diane Wilson is the founder and director of Waterkeeper. Her mailing address is 600 Ramona Road, Seadrift, TX 77983. Ms. Wilson also resides, works, and recreates within 50 miles of the proposed reactor facility that is the subject of Long Mott Energys Application. Accordingly, Ms.
Wilson possesses particularized interests that are likely to be impacted by the proposed reactor facility, if a construction permit is issued. As the director of Waterkeeper and as a member with standing to intervene in this proceeding, Ms. Wilson seeks access to the SUNSI information described above for purposes of assessing and demonstrating how she and other members of Waterkeeper may be affected by the proposed facility and to allow her effective participation in any proceeding regarding Long Mott Energys Application.
Daniel L is the Senior Campaigner and manages operations at Waterkeeper. His mailing address is 2803 Killdeer Lane, Humble, TX 77396. He seeks access to SUNSI information, in his capacity as a Waterkeeper staff person, so that he may assist in the preparation of an intervention petition and in the preparation of contentions on behalf of Waterkeeper.
Also seeking SUNSI access are Dr. Edwin Lyman, whose address is 1515 Park Road, NW #8, Washington, DC 20010, and Timothy Judson, whose address is 103 Rugby Road, Syracuse, NY 13206. Dr. Lyman is an expert in nuclear power safety and security. Mr. Judson has experience and expertise in NRC licensing, enforcement, and rulemaking proceedings, including experience with nuclear facility licensing proceedings. Both Dr. Lyman and Mr. Judson are technical experts and advising consultants, who are reviewing the construction permit Application and assisting with the development of contentions on behalf of Waterkeeper.
Attorney Marisa Perales, of Perales, Allmon & Ice, P.C., is also seeking SUNSI access as legal counsel for Waterkeeper. Sidra Hanson, a law clerk with Perales, Allmon & Ice, P.C., and Gwyneth Lonergan, lead legal assistant with Perales, Allmon & Ice, P.C., seek SUNSI access as well. Their address is 1206 San Antonio Street, Austin, TX 78701.
All the individuals seeking SUNSI access have the technical competence, knowledge, and skills to evaluate and use the information that would be made available. If need be, all agree to be bound by the terms of a Non-Disclosure Agreement or Affidavit and protective order setting forth terms and conditions to prevent unauthorized or inadvertent disclosure of SUNSI information.
The information provided in Long Mott Energy, LLCs Construction Permit Application is insufficient for Waterkeeper to meaningfully participate in the intervention process. Its worth noting that the Application proposes a novel reactor design that the public has not had an
3 opportunity to review. Access to those portions of Section VII of the Application that have been withheld under 10 C.F.R. § 2.390(d)(1) is necessary for purposes of a thorough review of potential risks associated with the proposed facility and an assessment of how Waterkeeper members could be adversely impacted by the proposed facility, were it permitted. No publicly available version of this information has been made available for review. For example, there is no publicly available version of the Aircraft Impact Assessment; yet, this information is essential for purposes of investigating the robustness of the safety of the proposed facility and the potential impacts to the health and safety of those living, working, and recreating within 50 miles of the proposed reactors.
Thus, Waterkeepers ability to meaningfully participate in a proceeding regarding Long Mott Energys Application will be hampered without access to this information.
In short, SUNSI access is necessary for Waterkeeper to fully understand and effectively research the many issues of concern that have been identified thus far and to effectively participate in the intervention process.
Sincerely,
/s/ Marisa Perales Marisa Perales Texas Bar No. 24002750 marisa@txenvirolaw.com PERALES, ALLMON & ICE, P.C.
1206 San Antonio St.
Austin, Texas 78701 512-469-6000 (t) l 512-482-9346 (f)
Counsel for San Antonio Bay Estuarine Waterkeeper