ML25317A721
| ML25317A721 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 11/13/2025 |
| From: | Bernstein K, Blanton M, Blind A, Eskelsen G, Lovett A, Naber A, Tompkins J, Ken Wilson Balch & Bingham, LLP, Holtec Palisades, NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57531, ASLBP 25-990-02-LA-BD01, 50-255-LA-5 | |
| Download: ML25317A721 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
) Docket No. 50-255-LA-5
)
Holtec Palisades, LLC
)
ASLBP No. 25-990-02-LA-BD01
)
(Palisades Nuclear Plant)
) November 13, 2025
)
JOINT MOTION REQUESTING REVISED BRIEFING SCHEDULE Pursuant to 10 CFR 2.323(a) and the Atomic Safety and Licensing Boards (Board)
August 5, 2025 Memorandum and Order (Initial Prehearing Order),1 Holtec Palisades, LLC (Applicant), NRC Staff, and Joint Petitioners2 (collectively, Participants) hereby request that the Board issue a revised scheduling order substantially in the form of Attachment 1 hereto, to address (1) the federal government shutdown, and (2) Joint Petitioners supplemental petition (Supplemental Petition).3 A.
The Initial Schedule NRC published a Federal Register notice4 providing an opportunity to request a hearing on a license amendment request filed by Applicant to defer the date for full compliance with license 1 Memorandum and Order (Initial Prehearing Order) (Aug. 5, 2025) (ML25217A517).
2 Alan Blind, Jody Flynn, Tom Flynn, Bruce Davis, Karen Davis, Christian Moevs, Mary Hoffman, Chuck Hoffman, Diane Ebert, David Simonelli, Terese McCarthy Alsterda, William Connor, and Telene Edington.
3 Petitioners Motion for Leave to File Supplemental Petition and for Alternative Procedural Relief (Nov. 1, 2025) (ML25305A001).
4 NRC, Holtec Palisades, LLC; Palisades Nuclear Plant; License Amendment Application, 90 Fed.
Reg. 34,019 (July 18, 2025).
conditions associated with the National Fire Protection Association Standard NFPA 805 by one operating cycle (the LAR).5 In response to that notice and the Boards Initial Prehearing Order, Joint Petitioners filed an amended and restated petition to intervene on September 7, 2025 (Consolidated Petition).6 Pursuant to the Initial Prehearing Order, Applicants and NRC Staffs answers to the Consolidated Petition were due October 14, 2025, with Joint Petitioners reply due October 21, 2025.7 The Board tentatively scheduled oral argument for October 29, 2025.8 B.
The Federal Government Shutdown On October 1, 2025, the federal government shut down, which resulted in the suspension of certain NRC activities, including this adjudicatory proceeding. During the shutdown, counsel for NRC Staff was not authorized to work on this matter. The Commission Secretary issued an order in the above-captioned proceeding tolling all filing deadlines by the number of days NRC remained shut down.9 The Boards law clerk also notified the Participants, via email, that the Board will reschedule the October 29, 2025 tentative oral argument date.
The federal government resumed operations on November 13, 2025, forty-three days after it shut down. Accordingly, pursuant to the Secretarys tolling order, Applicants and NRC Staffs 5 Letter from J. Fleming, Holtec Palisades, to NRC Document Control Desk, License Amendment Request to Change the Full Compliance Implementation Date for the Fire Protection Program Transition License Condition for Required Modifications (June 24, 2025) (ML25175A275) 6 Request for Hearing and Petition to Intervene (Sept. 7, 2026) (ML25250A001). Joint Petitioners previously filed an initial petition to intervene on July 30, 2025 and a supplement on August 3, 2025.
According to Joint Petitioners, the Consolidated Petition supersedes and replaces these prior filings.
Consolidated Petition at 37.
7 The Board imposed a limit of 50 pages for Joint Petitioners reply. Order (Page Limit for Joint Petitioners Reply) (Sept. 17, 2025) (ML25260A067).
8 Order (Tentatively Scheduling Oral Argument) (Sept. 29, 2025) (ML25272A271).
9 Notice (Regarding Agency Shutdown) (Oct. 1, 2025) (ML25274A098).
answers to the Consolidated Petition are due November 26, 2025, with Joint Petitioners reply due December 3, 2025.
C.
The Supplemental Petition On November 1, 2025, during the shutdown, Joint Petitioners filed the Supplemental Petition. The Supplemental Petition contains new contentions based on a supplement to the LAR that Applicant filed on September 30, 2025, which became publicly available on ADAMS on October 2, 2025 (the LAR Supplement).10 Pursuant to 10 CFR 2.309(i)(1), the Initial Prehearing Order, and the Secretarys tolling order, Applicants and NRC Staffs answers to the Supplemental Petition are due December 8, 2025, with Joint Petitioners reply due December 15, 2025.
D.
Requested Revised Schedule In light of the foregoing developments, Participants respectfully request that the Board issue a scheduling order substantially in the form of Attachment 1, setting forth the following consolidated briefing schedule:
December 8, 2025 - NRC Staffs consolidated answer and Applicants consolidated answer to the Consolidated Petition and the Supplemental Petition (25 days from the end of the federal shutdown, consistent with 10 CFR 2.309(i)(1) and the Secretarys tolling order).
10 Letter from J. Fleming, Holtec Palisades, to NRC Document Control Desk, Supplemental Information to License Amendment Request to Change the Full Compliance Implementation Date for the Fire Protection Program Transition License Condition for Required Modifications (Sept. 30, 2025)
(ML25274A074).
December 15, 2025 - Joint Petitioners combined reply to Applicants and NRC Staffs answers (7 days from NRC Staffs and Applicants answers, consistent with 10 CFR 2.309(i)(2)).
The Participants request no changes to page limits previously ordered by the Board, including the fifty-page limit on Joint Petitioners reply.
Good cause exists for this consolidated and revised schedule in light of the overlapping briefing that would otherwise proceed in the absence of the Boards action, resulting in duplication of arguments, separate answers addressing arguments that Joint Petitioners have since supplemented, additional pleadings and page count, and additional expenditure of the Participants and the Boards resources. The consolidated schedule is consistent with the Commissions directions to its hearing boards to conduct efficient and timely proceedings.11 For the foregoing reasons, Participants respectfully request that the Board issue an order substantially in the form of Attachment 1 hereto. In accordance with Section II of the Initial Prehearing Order, the undersigned certify that they have read the Initial Prehearing Order in its entirety.
11 See Statement of Policy on Conduct of Adjudicatory Proceedings, CLI-98-12, 48 NRC 18, 20 (1998).
Respectfully submitted,
/Executed in accord with 10 CFR 2.304(d)/
Anita Ghosh Naber Kevin D. Bernstein Kristopher P. Wilson Mail Stop O15-B04 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (301) 415-0764 (301) 415-1001 (301) 415-3200 anita.ghoshnaber@nrc.gov kevin.bernstein@nrc.gov kris.wilson@nrc.gov Counsel for the NRC Staff
/Executed in accord with 10 CFR 2.304(d)/
Arthur Alan Blind 100 West Shawnee Rd.
Baroda, MI 49101 (269) 303-6396 a.alan.blind@gmail.com Representative for Joint Petitioners
/Signed (Electronically) by Alan D. Lovett /
Alan D. Lovett BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 (205) 226-8769 alovett@balch.com
/Executed in accord with 10 CFR 2.304(d)/
M. Stanford Blanton Grant W. Eskelsen Jason B. Tompkins BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 (205) 251-8100 sblanton@balch.com geskelsen@balch.com jtompkins@balch.com Counsel for Holtec Palisades, LLC
ATTACHMENT 1 - PROPOSED SCHEDULING ORDER 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 MEMORANDUM AND ORDER (Scheduling Order)
The Atomic Safety and Licensing Board (Board) hereby issues this Scheduling Order to reflect the revised briefing schedule requested by Holtec Palisades, LLC (Holtec), NRC Staff, and Joint Petitioners 1 (collectively, Participants) in their Joint Motion Requesting Revised Briefing Schedule. See ADAMS Accession No. __ (Joint Motion Requesting Revised Briefing Schedule (Nov. 13, 2025)).
This proceeding concerns the opportunity for petitioners to intervene and request a hearing on a license amendment request filed by Holtec (the LAR), requesting an extension to the compliance date associated with the National Fire Protection Association Standard NFPA 805. See 90 Fed. Reg. 34,019 (July 18, 2025). The Board issued an Initial Prehearing Order on August 5, 2025 that, among other things, established the briefing schedule for petitions, answers, and replies, and a 30-day deadline for submission of any late-filed new/amended contentions 1 Joint Petitioners are Alan Blind, Jody Flynn, Tom Flynn, Bruce Davis, Karen Davis, Christian Moevs, Mary Hoffman, Chuck Hoffman, Diane Ebert, David Simonelli, Terese McCarthy Alsterda, William Connor, and Telene Edington.
In the Matter of HOLTEC PALISADES, LLC (Palisades Nuclear Plant)
Docket No. 50-255-LA-5 ASLBP No. 25-990-02-LA-BD01 November __, 2025 under 10 C.F.R. § 2.309(c). See ADAMS Accession No. ML25217A517 (Initial Prehearing Order (Aug. 5, 2025) at 2-3, 5 (unpublished)).
Following the Boards issuance of the Initial Prehearing Order, the federal government shut down from October 1, 2025 to November 12, 2025, which, among other effects, prevented counsel for NRC Staff from working on this matter and tolled all deadlines in this proceeding. See ADAMS Accession No. ML25274A098 (Commission Notice Regarding Agency Shutdown (Oct.
1, 2025)). Immediately prior to the shutdown, Holtec also filed a supplement to the LAR (the LAR Supplement), which became publicly available on October 2, 2025. See ADAMS Accession No. ML25274A074 (Supplemental Information to License Amendment Request to Change the Full Compliance Implementation Date for the Fire Protection Program Transition License Condition for Required Modifications (Sept. 30, 2025)). On November 1, 2025, Joint Petitioners filed a Supplemental Petition and accompanying motion in response to the LAR Supplement. See ADAMS Accession No. ML25305A001 (Petitioners Motion for Leave to File Supplemental Petition and for Alternative Procedural Relief). In light of these events, the current briefing schedule requires Holtec and NRC Staff to file Answers to Joint Petitioners original Consolidated Petition (ADAMS Accession No. ML25250A001 (Sept. 7, 2025)) by November 26, 2025, and Answers to Joint Petitioners Supplemental Petition by December 8, 2025.
The Board grants the Joint Motion and issues the revised consolidated briefing schedule set forth below. Good cause exists for revising the briefing schedule in this proceeding because it reduces the number of pleadings required to be filed by the Participants and reviewed by the Board and avoids overlapping briefing on initial admissibility and late-filed contentions.
NRC Staff and Holtec will each file an Answer responding to Joint Petitioners Consolidated Petition and Supplemental Petition by December 8, 2025. Joint Petitioners combined reply to Applicants and NRC Staffs Answers is due December 15, 2025. The foregoing Reply due date shall apply even if an Answer is filed prior to the above-noted date for Answers. The 50-page limit the Board previously imposed on Joint Petitioners Reply remains in effect. See ADAMS Accession No. ML25260A067 (Page Limit for Joint Petitioners Reply (Sept.
17, 2025) (unpublished)).
As previously communicated by the Boards law clerk, Ms. Dean, the Board will reschedule a tentative date for oral argument. Ms. Dean will coordinate with the Participants representatives to identify a new date in light of the revised briefing schedule set forth in this Order.
Apart from the revised briefing schedule set forth above, the provisions of the Boards Initial Prehearing Order remain in effect.
THE ATOMIC SAFETY AND LICENSING BOARD
_//DRAFT//____________________
Jeremy A. Mercer, Chair Administrative Judge Rockville, Maryland November __, 2025
- Consultation Certification -
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
Docket No. 50-255-LA-5
)
Holtec Palisades, LLC
)
ASLBP No. 25-990-02-LA-BD01
)
(Palisades Nuclear Plant)
)
November 13, 2025
)
CONSULTATION CERTIFICATION Pursuant to 10 CFR 2.323(b) and the Boards Initial Prehearing Order, the undersigned certifies that the foregoing Joint Motion is the product of good faith efforts undertaken by the Participants to resolve the matters set forth herein. Applicants counsel and Mr. Blind conferred several times via phone and email during the government shutdown. Mr. Blind has represented to the Board and the other Participants that he has been authorized by each individual Joint Petitioner to act as their designated representative, including with respect to his agreement to this Joint Motion on behalf of all Joint Petitioners. Following the shutdown, Applicants counsel conferred with Mr. Blind and NRC Staff counsel via email on November 13, 2025. As a result of these discussions, all Participants have authorized the undersigned to file this Joint Motion on their behalf. There are no parties to this proceeding that oppose the Joint Motion.
Signed (Electronically) by Alan D. Lovett Alan D. Lovett Balch & Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203 (205) 226-8769 alovett@balch.com Counsel for Holtec Palisades, LLC
- Certificate of Service -
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
) Docket No. 50-255-LA-5
)
Holtec Palisades, LLC
)
ASLBP No. 25-990-02-LA-BD01
)
(Palisades Nuclear Plant)
) November 13, 2025
)
CERTIFICATE OF SERVICE Pursuant to 10 CFR 2.305, I hereby certify that the Joint Motion Requesting Revised Briefing Schedule has been filed through the NRCs E-Filing System this 13th day of November, 2025.
Signed (Electronically) by Alan D. Lovett Alan D. Lovett Balch & Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203 (205) 226-8769 alovett@balch.com Counsel for Holtec Palisades, LLC