ML26040A289

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Memorandum and Order (Placing Unredacted Version of LBP-26-02 Into the Public Record)
ML26040A289
Person / Time
Site: 05000614
Issue date: 02/09/2026
From: Wolfe S
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 57610, ASLBP 25-991-01-CP-BD01, 50-614-CP
Download: ML26040A289 (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 February 9, 2026 MEMORANDUM AND ORDER (Placing Unredacted Version of LBP-26-02 into the Public Record)

This proceeding concerns the March 2025 application of Long Mott Energy, LLC (LME) for a 10 C.F.R. Part 50 construction permit authorizing LME to build the Long Mott Generating Station in Calhoun County, Texas, consisting of four Xe-100 high-temperature gas-cooled power reactor modules. In its January 22, 2026 decision in LBP-26-02, the Licensing Board determined that petitioner San Antonio Bay Estuarine Waterkeepers (Petitioner) fifth contention concerning the adequacy of the aircraft impact assessment contained in LMEs application was inadmissible.1 Because of the possibility that the Boards decision might contain Sensitive Unclassified Non-Safeguards Information (SUNSI),

the Board placed that decision into the nonpublic portion of this proceedings docket pending review by LME, the Nuclear Regulatory Commission (NRC) Staff, and Petitioner to determine whether any redactions were necessary.2 1 See LBP-25-02, 103 NRC __, __-__ (slip op. at 5-8) (Jan. 22, 2026).

2 See id. at __-__ (slip op. at 9-10).

On January 30, 2026, the parties informed the Board that, based on their review, LBP-26-02 does not contain any nonpublic information so the decision can be placed in the public portion of this proceedings docket.3 As a result, the Board has provided a file consisting of its LBP-26-02 decision to the NRCs Office of the Secretary (SECY) with the header CONTAINS SECURITY-RELATED INFORMATION AND/OR PROPRIETARY INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER stricken, indicating that this header placed on the document by the Board to denote its nonpublic status while under SUNSI review by the parties is no longer applicable. That public document will replace the nonpublic document now residing in this proceedings docket and the availability status of that document will be changed by SECY from Non-Publicly Available to Publicly Available so that the document will be fully viewable by the public.

Additionally, SECY will add the following comment to the ADAMS metadata for that file: 4 Pursuant to the February 9, 2026 Atomic Safety and Licensing Board Memorandum and Order (MLXXXXXXXXX), the header CONTAINS SECURITY-RELATED INFORMATION AND/OR PROPRIETARY INFORMATION - SUBJECT TO NRC PROTECTIVE ORDER has been stricken from this document to reflect that the information in this document is no longer 3 See Joint Report Regarding Potential Redactions to LBP-26-02 (Jan. 30, 2026) at 1. The Board appreciates the parties prompt action in reviewing the Boards decision and providing notice of the results of that review.

4 The ADAMS accession number for this issuance will be incorporated into the metadata comment field once that number is assigned as part of the agencys document processing regimen.

considered nonpublic and its availability status has been changed from Non-Publicly Available to Publicly Available.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Stefan R. Wolfe, Chair ADMINISTRATIVE JUDGE Rockville, Maryland February 9, 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 AND ORDER (Placing Unredacted Version of LBP-26-02 into the Public Record) 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.

Sherwin Turk, 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 sherwin.turk@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 (Placing Unredacted Version of LBP-26-02 into the Public Record) 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 9th day of February 2026.

CLARA SOLA Digitally signed by CLARA SOLA Date: 2026.02.09 15:04:52 -05'00'