ML26050A257
| ML26050A257 | |
| Person / Time | |
|---|---|
| Site: | 05000614 |
| Issue date: | 02/19/2026 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 57619, ASLBP 25-991-01-CP-BD01, 50-614-CP | |
| Download: ML26050A257 (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 19, 2026 MEMORANDUM AND ORDER (Providing Administrative Information and Topics for Prehearing Conference)
On February 26, 2026, at 10:00 a.m. Eastern Time (ET), the Licensing Board will hold a prehearing conference to address administrative matters in this proceeding and to pose questions regarding the three pending motions for leave to file new and amended contentions.1 The conference will be held virtually, using the Microsoft Teams platform. Should the conference last longer than two hours, the Board will recess for lunch for an appropriate period.
At the conference, the Board first will hear argument from the parties on Waterkeepers new and amended contention motions.2 After argument on all three motions the Board anticipates allowing each party a brief summation.
1 See Licensing Board Memorandum and Order (Scheduling Prehearing Conference and Oral Argument) (Feb. 2, 2026) at 1-2 (unpublished).
2 Although the NRC Staff has indicated that in accordance with 10 C.F.R. § 2.1202(b)(2) it currently is declining to be a party to this proceeding, see NRC Staffs Response to the Atomic
Thereafter, the Board will turn to administrative matters regarding the admitted contentions in this proceeding. The parties should be prepared to state their views as to next steps in the proceeding regarding each of the admitted portions of Contention 3 (e.g., whether the Board should establish a schedule for summary disposition filings or an evidentiary hearing and whether the parties are interested in having the Board seek a Settlement Judge pursuant to section 2.338(b)). The parties also should be prepared to raise and discuss any other administrative matters, including whether there are discovery or other disputes that should be brought to the Boards attention for resolution or guidance. However, regarding any such dispute, the parties should first confer to determine whether such disputes can be resolved or narrowed by mutual agreement.
Should any party intend to raise a complex matter with the Board (i.e., one which the Board would substantially benefit by being allowed to prepare for the issue in advance), the parties shall jointly or separately file an appropriate notice identifying the issues, summarizing relevant facts, and identifying governing law.
Additionally, the parties should be prepared to state their views on the following items:
Whether the Board should establish a regularly scheduled virtual status conference to timely address administrative matters as they arise so as to avoid undue delay. And, if so, what would be an appropriate time frame (e.g., third Tuesday of the month at 10 a.m. ET).
The administrative, scheduling, and practical effects, if any, on the NRC Staffs election not to be a party to the proceeding, and the scope of that election.3 In this regard, the Staffs determination not to be a party relative to Contentions 3A Safety and Licensing Boards Order of January 22, 2026 (Feb. 2, 2026) at 2, for simplicity, unless it is otherwise stated, the term party in this issuance includes the NRC Staff.
3 See id.
and 3B appears to relate to the fact that its safety and environmental reviews of Long Mott Energy, LLCs (LME) construction permit application are ongoing.4 If correct, is there anything that precludes the Staff, should it arrive at a final position as to the issues raised in the admitted contentions prior to the Board resolving those same issues, from providing those views so that the parties and the Board will have the benefit of its position?
What factors, if any, should a Licensing Board consider in determining whether to order the NRC Staff to participate as a party pursuant to 10 C.F.R. § 2.1202(b)(1)(ii).
The effects on the schedule for this proceeding, if any, of the NRC Staffs decision not to make public its draft Environmental Assessment/Finding of No Significant Impacts (EA/FONSI) or Safety Evaluation Report (SER), 5 and whether, assuming intervenor San Antonio Bay Estuarine Waterkeeper (Intervenor) is not otherwise provided access to the drafts of those Staff documents, that Staff decision will delay the proceeding by, for example, extending (a) the time frame in which the Board can reach a merits resolution of the admitted portions of Contention 3; or (b) the date on which Intervenor may claim to have good cause to raise new or amended contentions regarding the Staffs environment and/or safety findings.6 4 See id.
5 See id. at 3 n.8.
6 In considering this issue, the parties should be prepared to discuss, as an illustrative example, the effect on the schedule if the Board were to accept the arguments made by applicant LME in answering Intervenors December 12, 2025 second new/amended contentions motion that 10 C.F.R. § 51.23(b) does not require an applicant to include in its environmental report an assessment of the environmental impacts of continued spent fuel storage. Specifically, would such a finding, when combined with the Staffs decision to not publish its drafts, alter when Intervenor can first raise a contention based on continued storage of spent fuel, and thereby delay the Boards resolution of that issue?
The effect on the proceeding, if any, from proposed changes to NRC regulations, whether the changes are substantive or procedural, and any relevant precedent addressing the effect of rule changes on a proceeding that has already commenced.
To the extent practical, the parties should confer prior to the conference to determine if the parties have joint positions or responses, partially or wholly, to any of the issues listed above.
Members of the public and other interested persons who wish to listen to the conference may access a listen-only line by dialing (301) 576-2978 and entering passcode 262 891 871 followed by the # sign. After successful entry of the passcode, the following message will be heard: You are not allowed to unmute. To raise your hand press *5. Please note that this telephone line is not being monitored and pressing *5 will not allow participation in the conference.
A transcript of the conference will be made publicly available shortly after the conference in the NRCs Electronic Hearing Docket.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Stefan R. Wolfe, Chair ADMINISTRATIVE JUDGE Rockville, Maryland February 19, 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 (Providing Administrative Information and Topics for Prehearing Conference) 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 (Providing Administrative Information and Topics for Prehearing Conference) 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 Brunswick, Maryland, this 19th day of February 2026.
SAMANTHA MIKLASZEWSKI Digitally signed by SAMANTHA MIKLASZEWSKI Date: 2026.02.19 12:35:29 -05'00'