ML26044A256
| ML26044A256 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 02/13/2026 |
| From: | Lighty R Long Mott Energy, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57615, 50-614-CP, ASLBP 25-991-01-CP-BD01 | |
| Download: ML26044A256 (0) | |
Text
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 February 13, 2026 JOINT UNOPPOSED MOTION REGARDING MANDATORY DISCLOSURES Pursuant to 10 C.F.R. § 2.323, and the Atomic Safety and Licensing Boards (Board) recent decision in LBP-26-01,1 Long Mott Energy, LLC (LME) and San Antonio Bay Estuarine Waterkeeper (Waterkeeper) (together, the Parties) request that the Board grant this joint unopposed motion regarding mandatory disclosure protocols and request to extend the deadline to submit initial disclosures.
I.
DISCLOSURE PROTOCOLS The Parties have agreed to, and request Board approval of, the following revisions to or clarifications of the default disclosure protocol in 10 C.F.R. § 2.336 for this proceeding:
- 1.
The Parties are not required to identify or produce:
- documents available via the NRCs website or Agencywide Documents Access and Management System (ADAMS), including documents in the hearing file;2
- documents that already have been served on the other Parties to this proceeding; 1 Long Mott Energy, LLC (Long Mott Generating Station), LBP-26-01, 103 NRC __ (Jan. 22, 2026) (slip op.).
2 Although the NRC Staff is not participating as a party at this time, it will compile a hearing file in accordance with 10 C.F.R. § 2.1203(a). NRC Staffs Response to the Atomic Safety and Licensing Boards Order of January 22, 2026, at 2 (Feb. 2, 2026) (ML26033A186).
2
- privileged documents (e.g., attorney-client communications, attorney work product, etc.);
- press clippings from independent news outlets;
- emails; or
- draft documents (including comments on drafts, resolutions of comments, draft transmittals, or similar documents) and marginalia on final documents.3
- 2.
The Parties are not required to produce documents that are publicly available.
However, the Parties will identify such documents (other than documents described in item 1, above), along with information regarding the location of such documents (e.g., web address).
- 3.
If an identical document is found in multiple locations or in multiple formats (e.g.,
hardcopy and electronic), the Parties are only required to identify or produce one instance of the document; and
- 4.
All required productions shall be provided in a text-searchable electronic format, to the extent practicable.
- 5.
Within seven (7) calendar days of any request from Waterkeeper for production of Sensitive Unclassified Non-Safeguards Information (SUNSI), the Parties will move (jointly or separately) to amend the Protective Order to facilitate Waterkeepers access to such documents.4 II.
INITIAL DISCLOSURES DEADLINE The Parties also have agreed to, and hereby request Board approval of, an extension of the deadline for initial disclosures by thirty (30) calendar days to March 25, 2026. LME currently expects, in the very near term, to revise or supplement the portions of its Construction Permit Application that Waterkeeper challenges in Contentions 3A and 3B. The Parties also are continuing to discuss a proposed schedule for further proceedings and intend to submit joint or individual schedule proposals to the Board soon, but need additional time to do so. These 3 The Parties will identify (and produce, if requested) any relevant final revisions of documents (e.g., Rev. 1).
4 See Licensing Board Memorandum and Order (Corrected Version of Amended Protective Order Governing Specific Sensitive Unclassified Non-Safeguards Information) (Dec. 18, 2025) (ML25352A173) (unpublished)
(Protective Order). The Parties agree that the proposed amendment will include terms to proactively cover all SUNSI documents disclosed throughout the mandatory disclosure process, rather than list each individual document or portion thereof that is covered by the protective order.
3 circumstances provide good cause for a brief extension of the deadline for initial disclosures.
Given that the default disclosure deadline is February 23, 2026, but may change as requested in this Joint Motion, and that receiving a Board decision at least three (3) business days before that deadline may avoid the unnecessary expenditure of substantial resources, the Parties also respectfully request the Board to issue an order approving the extension on or before February 18, 2026.
Respectfully submitted,5 Signed (electronically) by Ryan K. Lighty RYAN K. LIGHTY, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 (202) 739-5274 ryan.lighty@morganlewis.com Counsel for Long Mott Energy, LLC Dated in Washington, DC this 13th day of February 2026 5 Counsel for LME certifies that LME made a sincere effort to confer with Waterkeeper regarding the issues raised in this Motion. Waterkeeper agreed to join and authorized LME to file this Motion on behalf of the Parties.
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 February 13, 2026 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing JOINT UNOPPOSED MOTION REGARDING MANDATORY DISCLOSURES was served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned docket.
Signed (electronically) by Ryan K. Lighty RYAN K. LIGHTY, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 (202) 739-5274 ryan.lighty@morganlewis.com Counsel for Long Mott Energy, LLC