ML25217A009
| ML25217A009 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/05/2025 |
| From: | Blind A - No Known Affiliation |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57435, 50-255-LA-5 | |
| Download: ML25217A009 (0) | |
Text
Docket No. 50-255-LA-5 of 1
7 August 5, 2025 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
HOLTEC PALISADES, LLC (Palisades Nuclear Plant)
Docket No. 50-255-LA-5 PETITIONERS MOTION TO WITHDRAW PRIOR PROCEDURAL MOTIONS FILED UNDER 10 CFR § 2.323 Submitted by:
Alan Blind, Pro Se Petitioner August 4, 2025 I. INTRODUCTION
Docket No. 50-255-LA-5 of 2
7 Pursuant to 10 CFR § 2.323 and the procedural authority of this Board, I respectfully move to withdraw my previously "led procedural motions:
Petitioners Motion for Procedural Relief Pursuant to 10 CFR § 2.323
- Request for Board Action to Preserve Adjudicatory Jurisdiction and Prevent Premature Fuel Loading (submitted July 30, 2025); and Supplement to Petitioners Motion for Procedural Relief Pursuant to 10 CFR § 2.323 (Clari"cation and Revision of Requested Action Regarding Fuel Loading) (submitted August 4, 2025).
This motion is submitted in light of formal correspondence received from NRC Staff legal counsel on August 4, 2025, which con"rms the procedural awareness and active consideration by NRC Staff of the "lings referenced in my prior motions.
A copy of this correspondence is attached as Addendum One.
II. BASIS FOR WITHDRAWAL
Docket No. 50-255-LA-5 of 3
7 The purpose of the original motions was limited and procedural: to request that the Board notify NRC Staff that an adjudicatory process is ongoing and that fuel loadingspeci"cally, entry into Mode 6should not proceed in a manner that would preempt the Boards authority or the outcome of the petitioners "lings.
In response to consultation, NRC Senior Attorney Anita Ghosh Naber, in her August 4, 2025 email (Addendum One), con"rmed that:
The NRC Staff is aware of my July 30, 2025 Petition for Hearing under 10 CFR § 2.309 and my August 3, 2025 supplement; and My July 29, 2025 10 CFR § 2.206 petition is currently undergoing the NRCs screening determination process, in accordance with Management Directive 8.11.
This written con"rmation satis"es the central purpose of my motions, which was to ensure that the NRC Staffs licensing review and any potential actions regarding fuel loading would not occur without awareness of the pending adjudicatory process. As that assurance has now been formally provided, I see no further need for Board action on these motions.
Docket No. 50-255-LA-5 of 4
7 III. REQUEST FOR BOARD ACTION I respectfully request that the Atomic Safety and Licensing Board:
1.
Accept this "ling as a formal notice of withdrawal of both the July 30 and August 4 procedural motions submitted pursuant to 10 CFR § 2.323; and 2.
Remove those motions from active consideration in this proceeding.
This withdrawal is without prejudice to future "lings, should new facts or circumstances arise that necessitate further procedural or substantive relief.
IV. CONSULTATION STATEMENT UNDER 10 CFR § 2.323(b)
Pursuant to 10 CFR § 2.323(b), I certify that I consulted with counsel for the NRC Staff regarding this motion. On August 4, 2025, I engaged in a phone call with Ms.
Anita Ghosh Naber and Mr. Sam Caverly of the NRC Of"ce of the General Counsel to discuss the status and purpose of my prior motions. During that consultation, Ms. Ghosh Naber con"rmed that the NRC Staff was aware of my 10 CFR § 2.309 hearing petition and my related 10 CFR § 2.206 petition. Ms. Ghosh
Docket No. 50-255-LA-5 of 6
7 Phone Number: (269) 303-6396 Email: a.alan.blind@gmail.com
Docket No. 50-255-LA-5 of 7
7 ADDENDUM ONE Email from NRC Senior Attorney Anita Ghosh Naber Date: August 4, 2025
Subject:
Consultation regarding July 30, 2025 Motion in Palisades 50-255-LA-5 Hearing Docket
8/4/25, 4:00PM Gmail - Consultation regarding July 30, 2025 Motion in Palisades 50-255-LA-5 Hearing Docket Page 1 of 2 https://mail.google.com/mail/u/0/?ik=fde94bb936&view=pt&searchmsg-f:1839554495490265449&simpl=msg-f:1839554495490265449&mb=1 Alan Blind <a.alan.blind@gmail.com>
Consultation regarding July 30, 2025 Motion in Palisades 50-255-LA-5 Hearing Docket 1 message Anita Ghosh Naber <anita.ghoshnaber@nrc.gov>
Mon, Aug 4, 2025 at 3:31 PM To: "a.alan.blind@gmail.com" <a.alan.blind@gmail.com>
Cc: Sam Stephens <Samuel.Stephens@nrc.gov>, Kevin Bernstein <Kevin.Bernstein@nrc.gov>, "Lovett, Alan"
<alovett@balch.com>
Good afternoon Mr. Blind, Thank you for speaking with me and Sam today regarding your procedural motion. In your previous email you stated that your motion, simply asks the ASLB to notify the NRC Staff that an adjudication is in progress which may affect the Staffs review of the Holtec license amendment request, and that the status quo regarding fuel loadingspecifically, entry into Mode 6should be preserved. This would ensure that the adjudicatory process can be completed without prejudicing the petitioners or preempting the Boards consideration of the issues raised.
As we discussed, as counsel for the NRC staff, I represent the NRC technical staff in NRC adjudications.
Per your request, I am confirming that the NRC technical staff is aware of the hearing request you filed on the Palisades NFPA-805 license amendment request on July 30, 2025, and the supplement filed on August 3, 2025.
You also asked for information regarding the status of your 2.206 petition related to License Condition 2.C.(3)(c)2 at Palisades. Your submission is undergoing the NRC staffs initial screening determination consistent with Management Directive 8.11 (NRCs Agencywide Documents Access and Management System Accession No. ML18296A043).
If you have any additional questions, please let me know.
- Best, Anita Anita Ghosh Naber Senior Attorney
8/4/25, 4:00PM Gmail - Consultation regarding July 30, 2025 Motion in Palisades 50-255-LA-5 Hearing Docket Page 2 of 2 https://mail.google.com/mail/u/0/?ik=fde94bb936&view=pt&searchmsg-f:1839554495490265449&simpl=msg-f:1839554495490265449&mb=1 Of"ce of the General Counsel U.S. Nuclear Regulatory Commission (301) 415-0764 anita.ghoshnaber@nrc.gov