ML25217A519
| ML25217A519 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/05/2025 |
| From: | Mercer J Atomic Safety and Licensing Board Panel |
| To: | Blind A - No Known Affiliation |
| SECY RAS | |
| References | |
| RAS 57440, ASLBP 25-990-02-LA-BD01, 50-255-LA-5 | |
| Download: ML25217A519 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:
Jeremy A. Mercer, Chair Dr. Gary S. Arnold Dr. Arielle J. Miller In the Matter of:
HOLTEC PALISADES, LLC, (Palisades Nuclear Plant)
Docket No. 50-255-LA-5 ASLBP No. 25-990-02-LA-BD01 August 5, 2025 ORDER GRANTING WITHDRAWAL MOTION AND DENYING PROCEDURAL MOTION AS MOOT This proceeding concerns Holtec Palisades, LLCs (Holtec) license amendment request for the Palisades Nuclear Plant to change the fire protection program license condition to allow for an extension of the full compliance date. See 90 Fed. Reg. 34,019 (July 18, 2025).
In short, Holtec asks to change the date for full compliance with National Fire Protection Association Standard NFPA 805 from the fourth full operating cycle after NRC approval to the fifth full operating cycle after NRC approval. Id.
In response to a Notice in the Federal Register setting September 16, 2025, as the deadline for interested persons to submit petitions to intervene, see id, Alan Blind (Blind) timely filed a Request for Hearing and Petition to Intervene (Petition) and a Motion for Procedural Relief Pursuant to 10 CFR § 2.323 Request for Board Action to Preserve Adjudicatory Jurisdiction and Prevent Premature Fuel Loading (Motion), both dated July 30, 2025. See Agencywide Documents Access and Management System (ADAMS) Accession No. ML25211A234 (Petition); ADAMS Accession No. ML25211A236 (Motion). On Monday, August 4, 2025, Blind filed a Supplement to Petitioners Motion for Procedural Relief Pursuant to 10 CFR § 2.323. See ADAMS Accession No. ML25216A030. On Tuesday, August 5, 2025, Blind filed Petitioners Motion to Withdraw Prior Procedural Motions [sic] Filed Under 10 C.F.R. § 2.323 (Withdrawal Motion). See ADAMS Accession No. ML25217A009.
In the Withdrawal Motion, Blind explains that he is seeking to withdraw from active consideration (Withdrawal Motion, p. 4) his Motion and the Supplement thereto because the relief he was seeking in the Motion has been achieved.
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 loadingspecifically, entry into Mode 6 should not proceed in a manner that would preempt the Boards authority or the outcome of the petitioners filings.
[Written communication from counsel for the Staff, which Blind attached to the Withdrawal Motion] satisfies 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.
Withdrawal Motion, p. 3.
Accordingly, in light of this Boards1 authority to avoid delay and to maintain order (10 C.F.R. § 2.319) and to [d]ispose of procedural requests or similar matters (10 C.F.R. § 2.319(h)), the Board grants the Withdrawal Motion and denies the Motion as moot.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Jeremy A. Mercer, Chair Administrative Judge Rockville, Maryland August 5, 2025 1
On July 31, 2025, the Nuclear Regulatory Commissions Secretary referred the Petition and Motion to the Chief Administrative Judge for appropriate action. See ADAMS Accession No. ML25212A101. On August 5, 2025, this Licensing Board (Board) was established to rule on standing and contention admissibility matters and to preside at any hearing. See Establishment of Atomic Safety and Licensing Board (August 5, 2025).
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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HOLTEC PALISADES, LLC
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Docket No. 50-255-LA-5
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(Palisades Nuclear Plant)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER GRANTING WITHDRAWAL MOTION AND DENYING PRECEDURAL MOTION AS MOOT 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 Jeremy A. Mercer, Chair Dr. Gary S. Arnold, Administrative Judge Dr. Arielle J. Miller, Administrative Judge Whitlee Dean, Law Clerk Georgia Rock, Law Clerk Email: jeremy.mercer@nrc.gov gary.arnold@nrc.gov arielle.miller@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 Kevin D. Bernstein, Esq.
Anita G. Naber, Esq.
Susan H. Vrahoretis, Esq.
David Roth, Esq.
Samuel Stephens, Esq.
Stacy Schumann, Team Leader Anne Fream, Paralegal Georgia Hampton, Paralegal Joelysa Mcleod, Paralegal Email: kevin.bernstein@nrc.gov anita.ghoshnaber@nrc.gov susan.vrahoretis@nrc.gov david.roth@nrc.gov samuel.stephens@nrc.gov stacy.schumann@nrc.gov anne.fream@nrc.gov georgiann.hampton@nrc.gov joelysa.mcleod@nrc.gov
Palisades Nuclear Plant, Docket No. 50-255-LA-5 ORDER GRANTING WITHDRAWAL MOTION AND DENYING PRECEDURAL MOTION AS MOOT 2
Counsel for Holtec Palisades, LLC Balch and Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203 M. Stanford Blanton, Esq.
Grant Eskelsen, Esq.
Alan D. Lovett, Esq.
Jason B. Tompkins, Esq.
Email: sblanton@balch.com geskelsen@balch.com alovett@balch.com jtompkins@balrch.com Representative for the Petitioners (who reside within the Palisades Emergency Planning Zone)
Arthur Blind 1000 West Shawnee Road Baroda, MI 49101 Email: a.alan.blind@gmail.com Office of the Secretary of the Commission Dated at Rockville, Maryland, this 5th day of August 2025.
CLARA SOLA Digitally signed by CLARA SOLA Date: 2025.08.05 14:51:13 -04'00'