ML25337A133
| ML25337A133 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 12/03/2025 |
| From: | Nicolas Mertz, Stephens S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57545, ASLBP 25-991-01-CP-BD01, 50-614-CP | |
| Download: ML25337A133 (0) | |
Text
December 3, 2025 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of LONG MOTT ENERGY, LLC (Long Mott Generating Station)
Docket No. 50-614-CP NOTIFICATION REGARDING SUPPLEMENTAL INFORMATION The U.S. Nuclear Regulatory Commission (NRC) staff (Staff) is filing this notification to inform the Atomic Safety and Licensing Board (Board) and the participants of relevant new developments in the proceeding that may bear upon the admissibility of contentions of omission in this matter.1 Specifically, Long Mott Energy, LLC (LME) submitted supplemental information relevant to Contentions 1 and 4, after the NRC Staff and LME answered San Antonio Bay Estuarine Waterkeepers Petition to Intervene and Request for Hearing. In its September 5 Answer to the petition, the NRC Staff argued that portions of Contentions 1 and 4 were, in the NRC Staffs view, admissible. The NRC Staff has considered the supplemental information and, while the NRC Staffs review is ongoing and no conclusions have been reached, the NRC Staffs position regarding the admissibility of Contentions 1 and 4 or parts thereof as contentions of 1 See USEC Inc. (American Centrifuge Plant), CLI-06-10, 63 NRC 451, 470 (2006) (reminding the participants of their obligation to inform the Board and Commission, as well as other litigants, of relevant new developments in a proceeding); USEC, Inc. (American Centrifuge Plant), CLI-06-9, 63 NRC 433, 444-45 (noting that contention may be mooted through a motion for summary disposition or as part of the contention admission phase of the proceeding.); First Energy Nuclear Operating Co. (Davis-Besse Nuclear Power Station, Unit 1), LBP-12-27, 76 NRC 583, 610 (2012) (finding a contention that would have been admissible as a contention of omission mooted by subsequently supplied information [w]hile the matter of the contentions admissibility was pending).
omission has changed. To avoid surprise in next weeks oral argument on the admissibility of contentions, the NRC Staff notified the parties on December 3 that the NRC Staff intends to discuss the impact of this new information on the NRC Staffs previous position regarding the admissibility of portions of Contentions 4 (environmental effects of continued storage of spent nuclear fuel and flood level information in preliminary safety analysis report (PSAR)) and 1 (descriptions of fuel qualification and testing to meet 10 CFR 50.34(a)(8)).
Supplemental information related to Contention 4, Environmental Analysis of Continued Storage of Spent Fuel On October 17, 2025, LME responded to NRC Staff information needs related to the environmental report.2 In particular as relevant to Contention 4, LME states that the fuel kernels used by the Xe-100 at [Long Mott Generating Station] will be comparable to those used by the
[high temperature gas-cooled reactor] at Fort St. Vrain.3 In its September 5 Answer to San Antonio Bay Estuarine Waterkeepers Petition to Intervene and Request for Hearing, the NRC Staffs position was that the Petitioner proffered an admissible contention of omission related to the environmental effects of the continued storage of spent nuclear fuel.4 In its Answer, the NRC Staff noted that [a]n applicant not covered by the Continued Storage GEIS can rely on it, if the applicant demonstrates that the Continued Storage GEISs analysis bounds the proposed facility.5 The NRC Staff also stated that LME did not 2 Letter from Charles OConner, Long Mott Energy to Document Control Desk, NRC (Oct. 17, 2025)
(ADAMS Accession No. ML25290A123); see Email from Joe Ohara, NRC, to Milton Gorden, X-Energy (Sept.16, 2025) (ADAMS Accession No. ML25259A216). On October 1, 2025, the U.S. government experienced a lapse of appropriations. The Secretary of the Commission issued orders suspending this litigation on October 1 and lifting the suspension on November 13. Order of the Secretary, at 1 (Oct. 1, 2025) (unpublished) (ML25274A129) (suspending this adjudication due to a lapse in appropriations); see also Order of the Secretary, at 2 (Nov. 13, 2025) (unpublished) (ML25317A695) (lifting the suspension of adjudications). The NRC Staff is filing this update as soon as practicable after reaching a position on how this supplement affects its positions on contention admissibility.
3 Id. at 4.
4 NRC Staffs Answer to San Antonio Bay Estuarine Waterkeeper Petition to Intervene and Request for Hearing, at 37-38, 39-42 (ML25249A000) (NRC Staff Answer).
5 Id. at 41.
include supporting analysis for its statement that [w]aste and spent fuel inventories, as well as their associated certified spent fuel shipping and storage containers are not significantly different from what has been considered for LWR evaluations in [the Continued Storage GEIS].6 As discussed in the Continued Storage GEIS, [t]he Fort Saint Vrain spent fuel... is within the scope of this GEIS.7 While the NRC Staffs review is ongoing and it takes no position on the merits of LMEs supplemental information at this time, the information supplied by LME in its October 17 submittal explains how the Continued Storage GEIS bounds its fuel and its application. As such, in the Staffs view, LMEs supplemental submission appears to be sufficient to moot the portion of Contention 4 related to the environmental effects of continued storage of spent fuel generated by Long Mott Generating Station.
Supplemental information related to Contention 4, Flood Level Information in Preliminary Safety Analysis Report (PSAR) section 2.4 On November 20, 2025, LME submitted Supplement #2 to the Preliminary Safety Analysis Report for the Long Mott Generating Station Construction Permit Application.8 The PSAR supplement included five enclosures that provided revisions to certain subsections in PSAR Section 2.4.9 LME states that it previously identified plans to submit additional site-specific information to the NRC to support the descriptions of [Long Mott Generating Station]
hydrological characteristics and associated data collection, testing, analysis, and modeling that 6 Id. at 41.
7 Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel (Final Report),
NUREG-2157, vol. 1, at 2-9 to 2-10 (Sept. 30, 2014) (ML14196A105) (Continued Storage GEIS); Continued Storage of Spent Nuclear Fuel; Final Rule, 79 Fed. Reg. 56,238, 56,243 (Sept. 19, 2014) (Continued Storage Rule).
8 Letter from Charles OConner, LME to Document Control Desk, NRC, Supplement #2 to the Preliminary Safety Analysis Report for the Long Mott Generating Station Construction Permit Application (Nov. 20, 2025) (ML25324A306 (package)) (Supplement 2). This submittal became publicly available on December 1, 2025.
9 Id.
are contained in Section 2.4 of the [Long Mott Generating Station] PSAR and [a]ccordingly, this Supplement #2 includes redlined markups of certain Subsections to PSAR Chapter 2.4, Hydrology, based on additional site-specific information and analyses.10 Of particular relevance here, Enclosure 1 provided revisions to PSAR Section 2.4.2, Floods.11 Based on the information available when the NRC Staff answered the petition on September 5, the NRC Staffs position was that the Petitioner proffered an admissible contention of omission related to LMEs analysis of flood levels because LME acknowledged that it would provide additional site-specific analyses by the end of 2025.12 LME has now updated its application to include additional site-specific analyses for flood levels. The NRC Staffs review of this supplemental information is ongoing and it takes no position on adequacy of the information at this time. The NRC Staffs position, however, is that this supplement appears to contain the information Waterkeeper identified as being missing. As such, in the Staffs view, LMEs supplemental submission appears to be sufficient to moot the portion of Contention 4 related to flooding.
Supplemental information related to Contention 1 For completeness, the NRC Staff also addresses the impact of supplemental information submitted by LME on September 26, 2025,13 on the NRC Staffs September 5 Answer to the 10 Id. at 1.
11 Supplement 2, Encl. 1 (ML25324A308).
12 NRC Staff Answer, at 36-37.
13 On October 1, 2025five days after LME submitted this supplementthe U.S. government experienced a lapse in appropriations, resulting in the NRC shutting down and the Long Mott Generating Station proceeding being suspended. Due to these circumstances, NRC Staff was not able to notify the Board or the parties of its change in position as a result of the supplemental submittal until the NRC reopened. See Order of the Secretary, at 1 (Oct. 1, 2025) (unpublished) (ML25274A129) (suspending this adjudication due to a lapse in appropriations); see also Order of the Secretary, at 2 (Nov. 13, 2025)
(unpublished) (ML25226A043) (lifting the suspension of adjudications).
petition.14 LMEs September 26 submittal provided further identification and descriptions of the confirmatory testing and analysis activities that will be conducted for fuel qualification as well as a schedule for those activities.15 Based on information available when the NRC Staff filed its September 5 Answer, the NRC Staffs position was that Petitioner had proffered an admissible contention of omission by arguing that LME did not meet 10 CFR 50.34(a)(8) because LME will have to rely on X-energy testing for fuel qualification of its TRISO-X fuel, and it was unclear whether that testing would be complete by 2033, which is the latest date for completion of construction given in LMEs Construction Permit Application. As noted in the NRC Staffs September 5 Answer, 10 C.F.R. § 50.34(a)(8) requires an applicant to identify a schedule of the research and development program showing that safety questions on structures, systems, or components of the facility that require research and development to confirm the adequacy of the design will be resolved at or before the latest date stated in the application for completion of the facility.16 While the NRC Staffs review is ongoing and it takes no position on the adequacy of LMEs supplemental information at this time, LME has provided revisions to PSAR Section 6.4.2.3 that identify and describe the testing and analysis activities, and include a new Table 6.4.2-1 that contains schedules for those activities indicating they will be completed in 2026 and 2030.17 As such, LMEs supplemental submission appears to be sufficient to moot the portion of Contention 1 related to 10 C.F.R. § 50.34(a)(8).
14 See Letter from Ryan Lighty, Morgan, Lewis & Bockius to Atomic Safety and Licensing Board (Sept. 26, 2025) (ML25269A212); see also Letter from Charles OConner, LME to Document Control Desk, NRC, Supplement #1 to the Preliminary Safety Analysis Report for the Long Mott Generating Station Construction Permit Application (Sept. 26, 2025) (ML25269A125 (package)) (Supplement 1).
15 See Letter from Ryan Lighty, at 1.
16 NRC Staff Answer at 15.
17 See Supplement 1, NRC, Enclosure 1 (Sept. 26, 2025) (ML25269A127).
Respectfully submitted,
/Signed (electronically) by/
Samuel K. Stephens Counsel for NRC Staff Mail Stop: O-15-B04 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 415-1581 Email: samuel.stephens@nrc.gov Executed in Accord with 10 CFR 2.304(d)
Nicolas P. Mertz Counsel for NRC Staff Mail Stop: O-15-B04 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 415-0035 Email: nicolas.mertz@nrc.gov Dated December 3, 2025
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of LONG MOTT ENERGY, LLC (Long Mott Generating Station)
Docket No. 50-614-CP Certificate of Service Pursuant to 10 C.F.R. § 2.305, I hereby certify that the Notification Regarding Supplemental Information, has been filed through the NRCs E-Filing system this 3rd day of December 2025.
/Signed (electronically) by/
Samuel K. Stephens Counsel for NRC Staff Mail Stop: O-15-B04 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 415-1581 Email: samuel.stephens@nrc.gov Dated December 3, 2025