ML26033A186
| ML26033A186 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 02/02/2026 |
| From: | Julie Ezell, Stephens S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57604, ASLBP 25-991-01-CP-BD01, 50-614-CP | |
| Download: ML26033A186 (0) | |
Text
February 2, 2026 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 NRC STAFFS RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF JANUARY 22, 2026 Pursuant to the Atomic Safety and Licensing Boards (Board) Order in LBP-26-01,1 the staff (Staff) of the U.S. Nuclear Regulatory Commission (NRC) herein submits its responses to the portion of the Boards Order directed to the NRC Staff.
BACKGROUND On January 22, 2026, the Board published its Memorandum and Order in LBP-26-01, ruling on San Antonio Bay Estuarine Waterkeepers (Petitioner) intervention petition in the Long Mott Energy, LLC proceeding (Docket No. 50-614-CP). Therein, the Board found that the Petitioner had established its representational standing to intervene and that at least one of its contentions was admissible. Specifically, the Board admitted Petitioners Contention 3A and 3B, dismissed other portions of Contention 3, and rejected Petitioners Contentions 1 and 4 in their entirety.2 Additionally, the Board, inter alia, directed NRC Staff, within 10 days, (1) to provide 1 Long Mott Energy, LLC (Long Mott Generating Station), Memorandum and Order (Ruling on Intervention Petition, LBP-26-1, 103 NRC __, __ (Jan. 22, 2026) (slip op. at 61) (ADAMS Accession No. ML260223A317).
2 Id. at 2. The Petitioner had previously withdrawn its Contention 2. See San Antonio Bay Estuarine Waterkeepers Reply in Support of Petition to Intervene and Request for Hearing, at 20 (Sep. 12, 2025)
(ML25258A244).
notice to the Board as to its status as a party to this proceeding, and (2) to submit a written estimate of its projected schedule for completion of its safety and environmental evaluations, including but not limited to its best estimate of the dates for issuance of the final safety evaluation report(s) and any draft and final environmental assessment/finding of no significant impact or environmental impact statement relative to the [Long Mott Generating Station]
LMGS.3 The Board further indicated that after receiving the Staffs filings, it will conduct a prehearing conference to discuss various litigation-related matters.4 NRC STAFFS PARTICIPATION IN THIS PROCEEDING In response to the Boards Order, and pursuant to 10 C.F.R. § 2.1202(b)(2), the NRC Staff hereby provides notice that it does not desire to participate as a party in the proceeding.
The NRC Staffs safety and environmental reviews of the Long Mott Energy construction permit application are ongoing and it has not made any determinations on the application. The NRC Staff reserves its right to become a party at a later point in the proceeding, in which event it will notify the Board and parties of its desire to become a party and will identify the contentions on which it desires to be a party, as set forth in 10 C.F.R. § 2.1202(b)(2). Although the NRC Staff will not be a party in this proceeding on Contentions 3A and 3B, the Staff will compile a hearing file in accordance with 10 C.F.R. § 2.1203(a) and will remain available to respond to questions from the Board.
NRC STAFFS PROJECTED REVIEW SCHEDULE In response to the Boards Order, the NRC Staff hereby provides the following information as its written estimate of its projected schedule for completion of its safety and environmental reviews of the Long Mott Energy construction permit application. The NRC Staff 3 LBP-26-1, 103 NRC at __ (slip op. at 61).
4 See id.; see also Memorandum and Order (Scheduling Prehearing Conference and Oral Argument)
(Feb. 2, 2026) (ML26033A100).
is working diligently to complete its review efficiently and will notify the Board and parties promptly of any changes in its schedule for completion of the review of this application.5 Document6 Target Completion Date7 Safety Evaluation Report November 2026 Finalize Draft Environmental Assessment and Related Determinations (for internal NRC use only)8 April 2026 Issue Environmental Assessment and Finding of No Significant Impact (if applicable)
June 2026 Respectfully submitted,
/Signed (electronically) by/
Samuel K. Stephens Counsel for NRC Staff Mail Stop: O15-B04 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: 301-415-1581 E-mail: samuel.stephens@nrc.gov
/Executed in Accord with 10 CFR 2.304(d)/
Julie G. Ezell Counsel for NRC Staff Mail Stop: O15-B04 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: 301-287-9157 E-mail: julie.ezell@nrc.gov 5 The Staff notes that under 10 C.F.R. § 2.332(d), the Board may commence hearings on safety issues before publication of the NRC Staffs safety evaluation, upon a finding that commencing the hearings at that time would expedite the proceeding.
6 Additional information about the NRC Staffs review of this application can be found at https://www.nrc.gov/reactors/new-reactors/advanced/who-were-working-with/applicant-projects/long-mott.
7 These dates reflect the best estimate of the dates for issuance of the final safety evaluation report(s) and any draft and final environmental assessment/finding of no significant impact or environmental impact statement. LBP-26-1, 103 NRC at __ (slip op. at 61).
8 The NRC Staff notes that it does not plan to make draft versions of either its Environmental Assessment (EA)/Finding of No Significant Impacts (FONSI) or its Safety Evaluation publicly available and will not file such drafts in this proceeding.
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 NRC STAFFS RESPONSE TO THE ATOMIC SAFETY AND LICEINSING BOARDS ORDER OF JANUARY 22, 2026, has been filed through the NRCs E-Filing System this 2nd day of February 2026.
/Signed (electronically) by/
Samuel K. Stephens Counsel for NRC Staff Mail Stop: O15-B04 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: 301-415-1581 E-mail: samuel.stephens@nrc.gov