ML25345A462
| ML25345A462 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 12/11/2025 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | San Antonio Bay Estuarine Waterkeeper |
| SECY RAS | |
| References | |
| RAS 57553, 50-614-CP, ASLBP 25-991-01-CP-BD01 | |
| Download: ML25345A462 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:
Stefan R. Wolfe, Chair Dr. David A. Smith Nicholas G. Trikouros In the Matter of LONG MOTT ENERGY, LLC (Long Mott Generating Station)
Docket No. 50-614-CP ASLBP No. 25-991-01-CP-BD01 December 11, 2025 MEMORANDUM AND ORDER (Requesting Briefing Regarding Portion of Contention 4 and Establishing Schedule for Reply to Motion to Amend Contention 1)
In the course of the Boards review of the information provided by the NRC Staffs December 3, 2025 Notification Regarding Supplemental Information,1 the Licensing Board has identified an issue that requires additional briefing. The notification indicates that Staff has changed its view as to the admissibility of one portion of petitioner San Antonio Bay Estuarine Waterkeepers (Petitioner) Contention 4 as a contention of omission as a result of information supplied by applicant Long Mott Energy, LLC (LME) in an October 17, 2025 submittal.2 The Staff now asserts that this information explains how the Continued Storage GEIS bounds its fuel and its application and argues that the submission appears to be sufficient to moot the 1 Notification Regarding Supplemental Information (Dec. 3, 2025) [hereinafter Staff Notification].
2 Id. at 2.
portion of Contention 4 related to the environmental effects of continued storage of spent fuel generated by Long Mott Generating Station.3 The Board finds it does not have a clear understanding of the views of Petitioner and LME regarding the Staffs conclusion that LMEs October 17, 2025 submittal mooted any contention of omission regarding spent fuel storage. The Board also notes that at oral argument Petitioner stated an intent to file new or amended contentions based on LMEs recent Contention 4-related submittals, presumably including the LME October 17, 2025 submittal relevant here. Accordingly, consistent with Petitioners approach in its December 5, 2025 motion to amend Contention 1 in connection with LMEs preliminary safety analysis report (PSAR) supplement 1,4 we request that Petitioner in any motion for a new or amended contention relative to LMEs October 17, 2025 submittal address this issue, with LME including its position on this issue in its answer to that motion.5 3 Id.
4 See [Petitioners] Motion to Amend Contention 1 Based on PSAR Supplement 1 (Dec. 5, 2025) at 5.
5 If Petitioner does not intend to file a new/amended contention motion based on LMEs October 17, 2025 Contention 4-related submittal, it shall so notify the Board on or before Monday, December 15, 2025, and the Board will determine whether to issue a separate order directing additional briefing.
Separately, the Board recognizes that any reply to answers to Petitioners December 5, 2025 motion to amend Contention 1 would be due on December 26, 2025.6 Because this deadline falls within a typical holiday period, we extend that deadline for any reply to Monday, December 29, 2025.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Stefan R. Wolfe, Chair ADMINISTRATIVE JUDGE Rockville, Maryland December 11, 2025 6 See Licensing Board Memorandum and Order (Initial Prehearing Order) (Aug. 28, 2025) at 5 n.17 (unpublished).
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
LONG MOTT ENERGY, LLC.
)
Docket No. 50-614-CP
)
)
(Long Mott Generating Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Requesting Briefing Regarding Portion of Contention 4 and Establishing Schedule for Reply to Motion to Amend Contention 1) 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 Stefan R. Wolfe, Chair, Administrative Judge Nicholas G. Trikouros, Administrative Judge Dr. David A. Smith, Administrative Judge Whitlee Dean, Law Clerk Georgia Rock, Law Clerk Email: stefan.wolfe@nrc.gov nicholas.trikouros@nrc.gov david.smith@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 Susan Vrahoretis, Esq.
David Roth, Esq.
Julie Ezell, Esq.
Sam Stephens, Esq.
Nick Mertz, Esq.
Stacy Schumann, Team Leader Anne Fream, Paralegal Georgia Hampton, Paralegal Email: susan.vrahoretis@nrc.gov david.roth@nrc.gov julie.ezell@nrc.gov samuel.stephens@nrc.gov nicolas.mertz@nrc.gov stacy.schumann@nrc.gov anne.fream@nrc.gov georgiann.hampton@nrc.gov Counsel for San Antonio Bay Estuarine Waterkeeper Perales, Allmon, & Ice, P.C.
1206 San Antonio St.
Austin, Texas 78701 Marisa Perales, Esq.
Gweneth Lonergan, Lead Legal Asst.
Email: marisa@txenvirolaw.com gwyneth@txenvirolaw.com
Long Mott Energy, LLC., Docket No. 50-614-CP MEMORANDUM AND ORDER (Requesting Briefing Regarding Portion of Contention 4 and Establishing Schedule for Reply to Motion to Amend Contention 1) 2 Counsel for Long Mott Energy, LLC.
Morgan, Lewis, & Bockius, LLP.
1111 Pennsylvania Ave., NW Washington, DC 20004 Ryan K. Lighty, Esq.
Alex Polonsky, Esq.
Email: ryan.lighty@morganlewis.com alex.polonsky@morganlewis.com Office of the Secretary of the Commission Dated at Rockville, Maryland, this 11th day of December 2025.
CLARA SOLA Digitally signed by CLARA SOLA Date: 2025.12.11 16:49:43 -05'00'