ML25195A229
| ML25195A229 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 07/14/2025 |
| From: | Carrie Safford NRC/SECY |
| To: | - No Known Affiliation, San Antonio Bay Estuarine Waterkeeper |
| SECY RAS | |
| References | |
| RAS 57408, 50-614-CP | |
| Download: ML25195A229 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of LONG MOTT ENERGY, LLC (Long Mott Generating Station)
Docket No. 50-614-CP ORDER On June 10, 2025, the Nuclear Regulatory Commission (NRC) issued a notice in the Federal Register providing an opportunity to request a hearing and petition for leave to intervene with respect to Long Mott Energy, LLCs application for a construction permit for a four-unit reactor facility to be built in Calhoun County, Texas.1 The Federal Register notice set a deadline of August 11, 2025, for filing a request for a hearing or a petition for leave to intervene.2 The notice also set a deadline of June 20, 2025, for any potential party to request access to application documents containing Sensitive Unclassified Non-Safeguards Information (SUNSI).3 On June 20, 2025, San Antonio Bay Estuarine Waterkeeper and associated individuals (collectively referred to as Waterkeeper) requested access to SUNSI included in the Long Mott Energy, LLC application.4 Pursuant to the Order Imposing Procedures for Access to SUNSI for 1 Long Mott Energy, LLC.; Long Mott Generating Station; Construction Permit Application; Acceptance for docketing, opportunity to request a hearing and petition for leave to intervene; order imposing procedures, 90 Fed. Reg. 24,428 (June 10, 2025) (Hearing Notice).
2 Id. at 24,429.
3 Id. at 24,430-31.
4 Letter from Marisa Perales, Perales, Allmon, & Ice, P.C., to Office of the Secretary, U.S.
Nuclear Regulatory Commission (June 20, 2025) (ML25174A087).
Contention Preparation (SUNSI Order), included in the June 10, 2025, Federal Register notice, the NRC Staff evaluated Waterkeepers request and determined (1) there was a reasonable basis to believe that Waterkeeper was likely to establish standing to participate in this NRC proceeding, and (2) Waterkeeper has established a legitimate need for access to the SUNSI requested.5 Thus, the Staff determined Waterkeepers request for access to the SUNSI should be granted.6 Waterkeeper has requested an extension of the August 11, 2025, deadline to file a request for hearing or petition for leave to intervene until October 11, 2025.7 Reasons for the request included: (1) the voluminous and complex nature of the application materials, (2) the novel reactor design, (3) the professional commitments of Waterkeepers identified consultants and counsel, and (4) Waterkeepers delay in accessing essential SUNSI data.8 Long Mott Energy, LLC opposes Waterkeeper's request.9 Waterkeepers first three argumentsthat the application is voluminous and complex, the novel reactor design, and the professional obligations of its consultants and counsel without more, do not constitute good cause to grant an extension.10 On the final point, Waterkeeper is awaiting the protective order so that it can execute the required non-disclosure 5 Letter from Richard Rivera, Project Manager, Office of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission, to Marisa Perales, Perales, Allmon, & Ice, P.C. (June 30, 2025) (ML25181A772) (NRC Staff Response); see Hearing Notice, 90 Fed. Reg. at 24,430-31.
6 NRC Staff Response at 4.
7 San Antonio Bay Estuarine Waterkeepers Request for Extension of Deadline to File Request for Hearing or Petition for Leave to Intervene (July 7, 2025) (Extension Request).
8 Id. at 2-3.
9 Long Mott Energy, LLCs Opposition to San Antonio Bay Estuarine Waterkeepers Request for Extension of Deadline to File Request for Hearing or Petition to Intervene (July 9, 2025).
10 See Hearing Notice, 90 Fed. Reg. at 24,429 (citing 10 C.F.R. § 2.309(c)(1)(i)-(iii)).
affidavits and obtain access to the requested SUNSI data.11 Waterkeeper therefore seeks an extension of the filing deadline so that once the SUNSI data is made available to Waterkeeper, Waterkeepers identified consultants and counsel have adequate time to review the information.12 Paragraph F of the SUNSI Order, however, provides a minimum of 25 days after receipt of (or access to) [requested SUNSI] information.13 In its request for an extension, Waterkeeper does not explain why the 25 days provided are insufficient.
Pursuant to my authority under 10 C.F.R. § 2.346(b), I therefore deny Waterkeepers request for an extension to the filing deadline in this matter.
For the Commission Carrie M. Safford Secretary of the Commission Dated at Rockville, Maryland, this 14th day of July 2025.
11 Extension Request at 2-3.
12 Id.
13 Hearing Notice, 90 Fed. Reg. at 24,430-31.
CARRIE SAFFORD Digitally signed by CARRIE SAFFORD Date: 2025.07.14 14:03:33
-04'00'
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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LONG MOTT ENERGY, LLC.
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Docket No. 50-614-CP
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(Long Mott Generating Station)
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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 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E. Roy Hawkens, Chief Administrative Judge Whitlee Dean, Law Clerk Georgia Rock, Law Clerk Email: roy.hawkens@nrc.gov whitlee.dean@nrc.gov georgia.rock@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Susan Vrahoretis, Esq.
David Roth, Esq.
Julie Ezell, Esq.
Sam Stephens, Esq.
Nick Mertz, Esq.
Stacy Schumann, Team Leader Anne Fream, Paralegal Georgia Hampton, Paralegal Email: susan.vrahoretis@nrc.gov david.roth@nrc.gov julie.ezell@nrc.gov samuel.stephens@nrc.gov nicolas.mertz@nrc.gov stacy.schumann@nrc.gov anne.fream@nrc.gov georgiann.hampton@nrc.gov Counsel for San Antonio Bay Estuarine Waterkeeper Perales, Allmon, & Ice, P.C.
1206 San Antonio St.
Austin, Texas 78701 Marisa Perales, Esq.
Gweneth Lonergan, Lead Legal Asst.
Email: marisa@txenvirolaw.com gwyneth@txenvirolaw.com
Long Mott Energy, LLC., Docket No. 50-614-CP ORDER OF THE SECRETARY OF THE COMMISSION 2
Counsel for Long Mott Energy, LLC.
Morgan, Lewis, & Bockius, LLP.
1111 Pennsylvania Ave., NW Washington, DC 20004 Ryan K. Lighty, Esq.
Alex Polonsky, Esq.
Email: ryan.lighty@morganlewis.com alex.polonsky@morganlewis.com Office of the Secretary of the Commission Dated at Rockville, Maryland, This 14th day of July 2025.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2025.07.14 14:10:54 -04'00'