ML25252A405
| ML25252A405 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 09/09/2025 |
| From: | Perales M Perales, Allmon & Ice, P.C., San Antonio Bay Estuarine Waterkeeper |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| RAS 57478, ASLBP 25-991-01-CP-BD01, 50-614-CP | |
| Download: ML25252A405 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of:
Long Mott Energy, LLC (Long Mott Generating Station)
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§ Docket No. 50-614-CP September 9, 2025 SAN ANTONIO BAY ESTUARINE WATERKEEPERS SECOND CORRECTED SUPPLEMENT TO ITS PETITION TO INTERVENE AND REQUEST FOR HEARING BASED ON SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (REDACTED)
NOW COMES San Antonio Bay Estuarine Waterkeeper (Waterkeeper or Petitioner), by and through counsel, and submits this Second Corrected1 Supplement to Its Petition to Intervene and Request for Hearing Based on Sensitive Unclassified Non-Safeguards Information in the above-captioned proceeding.
I.
INTRODUCTION Pursuant to 10 C.F.R. § 2.309, and the hearing notice published at 90 Fed. Reg. 24428 (June 10, 2025), Petitioner San Antonio Bay Estuarine Waterkeeper (Waterkeeper or Petitioner), hereby supplements its request that the U.S. Nuclear Regulatory Commission (NRC or Commission) grant a hearing and leave for petition to intervene 1 Waterkeeper submitted a Supplement to Its Petition to Intervene and Request for Hearing Based on Sensitive Unclassified Non-Safeguards Information on August 25, 2025. The August 27, 2025 Corrected Supplement removed the reference to Ms. Claire Krebs, as Ms. Krebs does not and at no time has had access to the SUNSI, nor did she contribute to the Original or either Corrected Supplement. This Second Corrected Supplement includes the proper document markings in accordance with Paragraph 7 of the Protective Order issued in this proceeding on July 22, 2025.
The first Corrected Supplement did not include the headings as required by Paragraph 7 of the Protective Order.
CONTAINS SECURITY RELATED INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER
CONTAINS SECURITY RELATED INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER 2
regarding Long Mott Energy, LLC (LME)s Construction Permit Application for the proposed Long Mott Generating Station.2 The NRC published a Federal Register notice of opportunity to request a hearing and petition for leave to intervene on June 10, 2025. This notice provides that any contentions in these proceedings that are based upon the information received because of the request made for Sensitive Unclassified No-Safeguards Information (SUNSI) must be filed by the requestor no later than 25 days after receipt of (or access to) that information. Petitioner received access to the SUNSI on July 29, 2025. Petitioner submitted its Petition to Intervene and Request for Hearing on August 11, 2025.
Petitioner contends that the NRC should not grant the LM-CPA based on its review of the SUNSI because ((
))SRI The remainder of this Second Corrected Supplemental Petition to Intervene and Request for Hearing Based on SUNSI presents Petitioners contention based on its SUNSI review.
II.
CONTENTION: ((
))SRI A. Statement of Contention
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2 Long Mott Energy, LLC, Submittal of Construction Permit Application for Long Mott Generating Station, April 16, 2025, https://www.nrc.gov/docs/ML2509/ML25090A057.html.
CONTAINS SECURITY RELATED INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER 3
))SRI B. Basis 10 C.F.R. § 50.150, Aircraft impact assessment, applies to LME as an applicant for a construction permit application for nuclear power reactors.3 It requires LME to perform a design-specific assessment of the effects on the facility of the impact of a large, commercial aircraft.4 The regulation provides, Using realistic analyses, the applicant shall identify and incorporate into the design those design features and functional capabilities to show that, with reduced use of operator actions: (i) The reactor core remains cooled, or the containment remains intact; and (ii) Spent fuel cooling or spent fuel pool integrity is maintained.5
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3 10 C.F.R. § 50.150(a)(3)(i).
4 10 C.F.R. § 50.150(a)(1).
5 Id.
6 LM-CPA, Part VII - VII.
7 Review of Risk-Informed, Technology-Inclusive Advanced Reactor ApplicationsRoadmap, Interim Staff Guidance, DANU-ISG-2022-01, p. 43 (March 2024) (ML23297A158). This Interim Guidance document also notes that if an application contemplates the ability to produce process heat for industrial use, the staff should include the impacts resulting from events at the industrial facility associated with the reactor, including aircraft impacts, as part of the external hazards analysis and the siting evaluation. Id. The LMGS contemplates generating heat to support the Dow Chemical plants industrial processes. ((
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CONTAINS SECURITY RELATED INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER 4
))SRI
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8 Methodology for Performing Aircraft Impact Assessments for New Plant Designs, NEI 07-13, Rev. 8, p.7 (April 2011) (ML111440006).
9 LM-CPA, Part VII-IX.
10 LM-CPA, Part VII-IX.
11 Id., Part VII-IX.
12 Id.
CONTAINS SECURITY RELATED INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER 5
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13 Id.
14 LM-CPA, Part VII-IX.
15 LM-CPA, Part VII-X.
16 LM-CPA, Part VII-X.
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functional capabilities to show that, with reduced use of operator actions:... spent fuel cooling or spent fuel pool integrity is maintained.17 ((
))SRI At bottom, the AIA fails to demonstrate compliance with regulatory requirements.
C. This Contention Is Within the Scope of This Proceeding This Contention is within the scope of the LME construction permit proceeding because it seeks compliance with 10 C.F.R. § 50.150, which applies to construction permit applications. See also 10 C.F.R. § 50.34(a)(13).
D. This Contention Is Material to the Findings the NRC Must Make to Grant the LM-CPA
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))SRI identify and incorporate into the design those design features and functional capabilities to show that, with reduced use of operator actions: (i) The reactor core remains cooled, or the containment remains intact; and (ii) spent fuel cooling or spent fuel pool integrity is maintained,18 ((
))SRI that will have significant implications for the LM-CPA decision-making process and the safety of the proposed facility. ((
))SRI for this construction permit applicationso that any necessary design changes occur before an operating license application is considered.
17 50 C.F.R. § 50.150(a)(1).
18 Id.
CONTAINS SECURITY RELATED INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER 7
E. Facts or Expert Opinion Supporting the Contention, Along with Appropriate Citations to Supporting Scientific or Factual Materials The facts and materials that support this contention are included in the discussion of the Basis for the contention, above. More specifically, the application materials themselves provide the basis for this contention.
III.
CONCLUSION For the foregoing reasons, Waterkeepers Second Corrected Supplement to its Petition to Intervene and Request for Hearing Based on Sensitive Unclassified Non-Safeguards Information should be granted.
Date: September 9, 2025 Respectfully submitted, Signed (electronically) by 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 COMMISSION In the Matter of:
Long Mott Energy, LLC (Long Mott Generating Station)
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§ Docket No. 50-614-CP September 9, 2025 COUNSELS CERTIFICATION Pursuant to Memorandum and Order Regarding Protective Order Noncompliance, dated September 4, 2025, I hereby certify that I have reviewed the Protective Order and that to the best of my knowledge and belief, the foregoing document is in compliance with the Protective Orders terms. Per the terms of Paragraph 10 of the July 22, 2025 Protective Order Governing SUNSI, Applicants counsel provided written approval of the redactions in this filing via email to Waterkeepers counsel, as follows: "We agree that the proposed redactions appear to sufficiently cover the SUNSI."
Date: September 9, 2025 Signed (electronically) by 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 COMMISSION In the Matter of:
Long Mott Energy, LLC (Long Mott Generating Station)
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§ Docket No. 50-614-CP September 9, 2025 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that, on September 9, 2025, copies of the foregoing San Antonio Bay Estuarine Waterkeepers Second Corrected Supplement to Its Petition to Intervene and Request for Hearing Based on Sensitive Unclassified Non-Safeguards Information (Redacted) were served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned docket.
Signed (electronically) by 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