ML26022A331
| ML26022A331 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 01/22/2026 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 57584, ASLBP 25-991-01-CP-BD01, 50-614-CP | |
| Download: ML26022A331 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
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 January 22, 2026 MEMORANDUM (Notice Regarding Issuance of Decision on Intervention Petition Supplement Containing Sensitive Unclassified Non-Safeguards Information (SUNSI))
In this proceeding concerning the March 2025 10 C.F.R. Part 50 construction permit (CP) application of Long Mott Energy, LLC (LME) for authorization to build the Long Mott Generating Station in Calhoun County, Texas, the Licensing Board today issued two rulings associated with the August 11, 2025 hearing request filed by petitioner San Antonio Bay Estuarine Waterkeeper (Petitioner). The first, LBP-26-01, 103 NRC ___ (Jan. 22, 2026), is a publicly available decision addressing Petitioners representational standing to intervene in this adjudication and the admissibility of three contentions challenging certain safety and environmental aspects of the LME CP Application. The other, LBP-26-02, 103 NRC __ (Jan. 22, 2026), is a currently nonpublic decision concerning the admissibility of a Waterkeeper contention filed as a supplement to its August 2025 hearing request that questions the
adequacy of the aircraft impact assessment in LMEs preliminary safety analysis report (PSAR).
LME previously identified the portion of the PSAR that is the subject of Petitioners aircraft impact assessment contention as containing Sensitive Unclassified Non-Safeguards Information (SUNSI), resulting in that segment being withheld from the public record of this licensing proceeding. Based on the redacted version of that PSAR segment in the public record, the Board has attempted to ensure its decision on this aspect of Petitioners hearing request contains no SUNSI requiring nonpublic treatment. Nonetheless, out of an abundance of caution, the participants to this proceeding have been provided with a copy of that contention admissibility decision as a nonpublic document to permit their review to confirm whether the decision contains any nonpublic information that requires redaction.
Given the delay in the availability of that decision to the public, the Board provides the following high-level, publicly available summary of its ruling in LBP2602, albeit with the caveat that, like the summaries and headnotes that accompany licensing board and Commission published decisions, this synopsis has no legal significance:
Regarding Petitioners contention contesting the aircraft impact assessment in LMEs PSAR, the Board determines that because LME was not required to submit an aircraft impact assessment as part of its CP Application, that contention is inadmissible under 10 C.F.R. § 2.309(f)(1)(iii), (iv), as outside the scope of this proceeding and lacking materiality in that it seeks to go beyond the scope of the challenge allowed under 10 C.F.R. § 50.150(a)(1), (b). Id. at __ (slip op. at 8, 9).
Once the participants have completed their SUNSI review of this Board decision and provided the Board with the results of that review, the Board will ensure that a publicly available version of its decision is placed on this proceedings docket and served on all the participants to this proceeding.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Stefan R. Wolfe, Chair ADMINISTRATIVE JUDGE Rockville, Maryland January 22, 2026
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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LONG MOTT ENERGY, LLC.
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Docket No. 50-614-CP
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(Long Mott Generating Station)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM (Notice Regarding Issuance of Decision on Intervention Petition Supplement Containing Sensitive Unclassified Non-Safeguards Information (SUNSI)) 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.
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 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 (Notice Regarding Issuance of Decision on Intervention Petition Supplement Containing Sensitive Unclassified Non-Safeguards Information (SUNSI))
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 22nd day of January 2026.
CLARA SOLA Digitally signed by CLARA SOLA Date: 2026.01.22 15:27:09 -05'00'