ML25181A772
| ML25181A772 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 06/30/2025 |
| From: | Rivera R Office of Nuclear Reactor Regulation |
| To: | Perales M Perales, Allmon & Ice, P.C. |
| SECY RAS | |
| References | |
| RAS 57393, 50-614-CP | |
| Download: ML25181A772 (0) | |
Text
June 30, 2025 Marisa Perales Perales, Allmon & Ice, P.C.
1206 San Antonio St.
Austin, Texas 78701 RE: REQUEST FOR SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION REGARDING CONSTRUCTION PERMIT APPLICATION SUBMITTED BY LONG MOTT ENERGY, LLC The U.S. Nuclear Regulatory Commission (NRC) staff is responding to your letter1 (Access Request) on behalf of San Antonio Bay Estuarine Waterkeeper and associated individuals (collectively referred to as Waterkeeper) requesting access to sensitive, unclassified, non-safeguards information (SUNSI) included in the Long Mott Energy, LLC (LME) construction permit application for the proposed Long Mott Generating Station, a four-unit reactor facility to be built in Calhoun County, Texas.2 You request access to figures contained in Part II of the construction permit application and the Aircraft Impact Assessment contained in Part VII of the application. Specifically, you request access to Preliminary Safety Analysis Report (PSAR)
Figure 1.1-6, the Aircraft Impact Assessment, and PSAR Figures 7.3.1-1 through 7.3.1-13.3 The Aircraft Impact Assessment, PSAR Figure 1.1-6 and PSAR Figures 7.3.1-1 through 7.3.1-13 were withheld from public disclosure under Title 10 of the Code of Federal Regulations (C.F.R.)
Section 2.390 because they contain SUNSI information.4 Pursuant to the Order Imposing Procedures for Access to SUNSI for Contention Preparation (SUNSI Order), included in the June 10, 2025, Federal Register notice,5 the NRC staff evaluated your request to determine whether (1) there is a reasonable basis to believe that Waterkeeper is likely to establish standing to participate in this NRC proceeding, and (2) the requestors have established a legitimate need for access to the SUNSI requested.6 For the reasons stated below, the NRC staff has determined that your request for access to the SUNSI should be granted. Accordingly, as discussed below, access to (1) the Aircraft Impact Assessment; (2) PSAR Figure 1.1-6; (3) and PSAR Figures 7.3.1-1 through 7.3-13 will be 1 Letter from Marisa Perales, Perales, Allmon & Ice, to Office of the Secretary, Nuclear Regulatory Commission (June 20, 2025) (ADAMS Access No. ML25174A087) (Access Request).
2 See Long Mott Energy, LLC, Submittal of the Long Mott Energy, LLC, Construction Permit Application for Long Mott Generating Station, (Mar. 31, 2025) (ML25090A057 (package)).
3 See id.
4 See id.; 10 C.F.R § 2.390(a)(4); 10 C.F.R. § 2.390(d)(1).
5 Long Mott Energy, LLC; Long Mott Generating Station; Construction Permit Application, 90 Fed.
Reg. 24,428 (June 10, 2025).
6 Id. at 24,430.
granted to Marisa Perales, Sidra Hanson, Gwyneth Lonergan, Diane Wilson, Daniel L, Dr.
Edwin Lyman, and Timothy Judson (collectively Requestors) upon execution of non-disclosure agreements and agreeing to be bound by the terms of a protective order.
I.
Standing Pursuant to 10 C.F.R. § 2.309(d)(1), the Commission established general standing criteria that requires a petitioner to provide the (i) name, address, and telephone number of the petitioner, (ii) nature of the [petitioners] right under the [Atomic Energy Act] to be made a party to the proceeding, (iii) nature and extent of the [petitioners] property, financial or other interest in the proceeding, and (iv) possible effects of any decision or order that may be issued in the proceeding on the [petitioners] interest.7 The Commission uses contemporaneous judicial concepts of standing when evaluating whether a petitioner has established standing.8 While the Commission generally requires the elements of standing be pled with specificity, it has also found standing in certain cases under a proximity presumption.9 Because an organization is a person under 10 C.F.R. § 2.4, it is also entitled to this proximity presumption.10 An organization may establish representational standing by demonstrating, typically via affidavit, that at least one of its members may be affected by the proceeding and that these members have authorized the organization to represent them and to request a hearing on their behalf.11 Further, the member seeking representation must qualify for standing in [their] own right; the interests that the representative organization seeks to protect must be germane to its purpose; and neither the asserted claim nor the requested relief must require an individual member to participate in the organizations legal action.12 In this matter, the Construction Permit application, if approved, would allow LME to construct an 800 megawatt-thermal (MWth) nuclear power plant comprising four X Energy, Xe-100 small modular high-temperature gas-cooled reactors in Calhoun County, Texas.13 In your Access Request you listed the individuals seeking access to SUNSI material who are associated with Waterkeeper, which is a potential party who will seek to intervene in and expects to have standing in this proceeding regarding [LMEs] Application.14 You provided information that at least one of the individuals who is a member of Waterkeeper lives within 50 miles of the proposed LME nuclear power plant site.15 You also detailed Waterkeepers mission of protect[ing] Lavaca, Matagorda, and San Antonio Bays, as well as educat[ing] the public on 7 10 C.F.R § 2.309(d)(1)(i) - (iv); see also 42 U.S.C. § 2239(a)(1)(A).
8 See Florida Power & Light Co. (Turkey Point Nuclear Generating Plant, Units 3 and 4), CLI-15-25, 82 NRC 389, 394 (2015); see also Calvert Cliffs 3 Nuclear Project, LLC (Calvert Cliffs Nuclear Power Plant, Unit 3), CLI-09-20, 70 NRC 911, 915 (2009).
9 See Calvert Cliffs, CLI-09-20, 70 NRC at 915 n.15; USEC, Inc. (American Centrifuge Plant), CLI-05-11, 61 NRC 309, 314-15 (2005).
10 See NextEra Energy Seabrook, LLC (Seabrook Station, Unit 1), LBP-17-7, 86 NRC 59, 60-61 (2017).
11 FirstEnergy Nuclear Operating Co. and FirstEnergy Nuclear Generation, LLC (Beaver Valley Power Station, Units 1 and 2), CLI-20-5, 91 NRC 214, 220-21 (2020).
12 Beaver Valley, CLI-20-5, 91 NRC at 220.
13 See Long Mott Energy, LLC, Submittal of the Long Mott Energy, LLC, Construction Permit Application for Long Mott Generating Station, (Mar. 31, 2025) (ML25090A057 (package)).
14 Access Request at 1.
15 Access Request at 2.
the sources of pollution that impact Calhoun County, among other activities.16 Moreover, you state that 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 [LMEs]
construction permit Application.17 You also state that Waterkeeper promotes the preservation of local wetlands and waterways for commercial and sport fishing and other recreational uses, and that Waterkeeper often works with shrimpers and oystermen who earn their livelihood fishing in waterbodies within 50 miles of the proposed reactors. Based on the information provided in your request, the NRC staff concludes that there is a reasonable basis to believe that Waterkeeper is likely to establish standing should it decide to submit a petition to intervene.
II.
Need for access to SUNSI The Commissions policy regarding access to SUNSI balances the applicants interest in protecting proprietary information with the petitioners legitimate interest in obtaining information that is necessary to allow for meaningful participation in the adjudicatory proceeding.18 Additionally, to meet the need criterion, the Requestors are required to provide, (1) an explanation of the importance of the requested information to the proceeding, i.e., how the information relates to the license application or to NRC requirements or guidance, and how it will assist the requester in seeking intervention; and (2) an explanation of why existing publicly available versions of the application would not be sufficient.19 While, a requester of SUNSI must demonstrate how the information would assist them in formulating a proposed contention, [t]he need for SUNSI analysis should not be conflated with the contention admissibility standards.20 The Commission has explained that [a] request for SUNSI must demonstrate how the information would assist in meeting the Commission requirements for intervention petitions, including formulation of a proposed contention. It does not require a showing that the contention will be admissible if it is formulated using that information.21 In your Access Request, you provide several statements in support of Requestors need to access the requested SUNSI. You state that the SUNSI is necessary for purposes of preparing [Waterkeepers] contentions and 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.22 You also state that Waterkeepers ability to meaningfully participate in a proceeding regarding [LMEs] Application will be hampered without access to the SUNSI.23 Finally, the Access Request states that [i]t is worth noting that the Application proposes a novel reactor design that the public has not had an opportunity to review.24 You also note that there is no public version of the requested figures or 16 Access Request at 1-2.
17 Access Request at 2.
18 See Susquehanna Nuclear, LLC (Susquehanna Steam Electric Station, Units 1 and 2), CLI-17-4, 85 NRC 59, 67 (2017) (citing 10 C.F.R. § 2.390(b)(2)); South Texas Project Nuclear Operating Co. (South Texas Project, Units 3 and 4), CLI-10-24, 72 NRC 451, 453-55 (2010).
19 South Texas Project, CLI-10-24, 72 NRC at 465; see also Nuclear Fuel Services, Inc. (License Amendment Application), LBP-22-2, 96 NRC 129, 142 (2022).
20 South Texas Project, CLI-10-24, 72 NRC at 467.
21 Id.
22 Access Request at 3.
23 Id.
24 Access Request at 2-3.
the Aircraft Impact Assessment; they are withheld in their entirety.25 With regard to your statements, NRC staff has determined that you have adequately explained why access to the Aircraft Impact Statement, PSAR Figure 1.1-6, and PSAR Figures 7.3.1-1 through 7.3-13 are necessary for the Requestors to meaningfully participate in this proceeding and why the SUNSI is necessary to provide the basis and specificity needed for crafting the Requestors contentions. Pursuant to 10 C.F.R. § 2.309(f)(1)(vi), contentions must be based on the application and must provide sufficient information to show that a genuine dispute exists on a material issue of law or fact. Therefore, you have demonstrated that, without the SUNSI, the Petitioners would be unable to effectively evaluate the information needed to adequately participate in in this proceeding.
In conclusion, the NRC staff has determined that there is an adequate basis in belief to determine that the Requestors are likely to establish standing in this proceeding. Further, the NRC staff also determined that you have adequately explained why access to the PSAR Figure 1.1-6, the Aircraft Impact Assessment, and Figures 7.3.1-1 through 7.3.1-13 would be necessary for the Requestors to meaningfully participate in this proceeding. Therefore, pursuant to the SUNSI Order:
Any party, other than the Requestors, may challenge the NRC staffs determination to grant access to the SUNSI within 5 days of this filing.
NRC staff will file a motion for Protective Order and draft a Non-Disclosure Agreement Affidavit within 20 days of this filing.
Access to PSAR Figure 1.1-6, the Aircraft Impact Assessment, and Figures 7.3.1-1 through 7.3.1-13 will be granted to Marisa Perales, Sidra Hanson, Gwyneth Lonergan, Diane Wilson, Daniel L, Dr. Edwin Lyman, and Timothy Judson once all parties have executed non-disclosure affidavits and have agreed to be 25 Access Request at 3.
bound by the terms of a protective order setting forth the terms and conditions to prevent the unauthorized or inadvertent disclosures of SUNSI.
Sincerely,
/Signed (electronically) by/
Richard Rivera, Project Manager Advanced Reactor Licensing Branch 2 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No. 50-614-CP
Enclosures:
- 1. Request cc w/encl: Distribution via Electronic Information Exchange
ENCLOSURE 1 Request for Access to Sensitive Unclassified Non-Safeguards Information regarding Construction Permit Application from Long Mott Energy, LLC
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
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE PRESIDING OFFICER In the Matter of LONG MOTT ENERGY, LLC (Long Mott Generating Station)
Docket No.
50-614-CP Certificate of Service Pursuant to C.F.R §., I hereby certify that copies of the foregoing letter dated June,
, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), and to Marisa Perales, Perales, Allmon & Ice, P.C., via email in the captioned proceeding, this th day of June.
/Signed (electronically) by/
Julie G. Ezell Counsel for NRC Staff Mail Stop: O B U.S. Nuclear Regulatory Commission Washington, DC -
Telephone: () -
E-mail: julie.ezell@nrc.gov