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| {{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board: | | {{#Wiki_filter:}} |
| G. Paul Bollwerk, III, Chairman Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of Docket Nos. 50-269-SLR, 50-270-SLR, and 50-287-SLR DUKE ENERGY CAROLINAS, LLC ASLBP No. 22-973-01-SLR-BD01 (Oconee Nuclear Station, Units 1, 2, and 3)
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| November 10, 2021 MEMORANDUM AND ORDER (Schedule for Responses to Applicant Duke Energy Carolinas, LLCs Information Notification)
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| Referencing (1) the obligation of adjudicatory participants to inform the presiding officer about potentially relevant information associated with a proceeding;1 (2) the involvement in this proceeding of former Nuclear Regulatory Commission (NRC) staff member Jeffery T. Mitman on behalf of petitioners Beyond Nuclear, Inc., and the Sierra Club, Inc. (collectively Petitioners);
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| and (3) the provisions of 18 U.S.C. § 207(a)(1) restricting the post-employment representational activities of federal executive branch (including independent agency) employees,2 by notification 1 See Sacramento Mun. Util. Dist. (Rancho Seco Nuclear Generating Station), CLI-93-5, 37 NRC 168, 170 (1993).
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| 2 In pertinent part, section 207(a)(1) provides that a former federal executive branch employee (which includes an independent agency employee) may not knowingly make[], with intent to influence, any communication to or appearance before any federal department, agency, or court in connection with a particular matter . . . in which the United States . . . has a direct and substantial interest, and in which the former employee participated personally and substantially as a federal employee that involved a specific party or parties at the time of such participation[.] 18 U.S.C. § 207(a)(1).
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| to the Licensing Board dated November 8, 2021, applicant Duke Energy Carolinas, LLC, has declared that it is unclear whether information about Mr. Mitmans involvement in this proceeding as it may relate to the strictures of section 207(a)(1) has been reported, considered, and dispositioned by the appropriate entities.3 As a consequence, Duke declares in its notification, it has reported this information to the agencys Office of Inspector General (OIG) and requested that OIG confirm whether Mr. Mitmans involvement in this proceeding complies with applicable requirements.4 As is the case with the subjects of Petitioners standing and the admissibility of their first contention,5 this is not a matter the Board plans to explore at the scheduled November 16, 2021 oral argument. The NRC Staff and Petitioners may, however, respond to Dukes November 8 notification on or before Friday, November 19, 2021. Further, as part of the Staffs response, or in lieu of that filing should the Staff decide not to submit a response, the Board requests that, after consulting with OIG and/or ethics counselors from the NRC Office of the General Counsel, as appropriate, the Staff provide (1) a description of the OIG process for considering and 3 Letter from Ryan K. Lightly, Duke Counsel, to Licensing Board at 1-2 (Nov. 8, 2021).
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| 4 Id. at 2.
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| 5 See Licensing Board Memorandum and Order (Initial Prehearing Conference Scheduling and Procedures) (Oct. 29, 2021) at 3 n.2 (unpublished).
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| addressing Dukes request for confirmation; and (2) the approximate time frame within which an OIG response to that request may be forthcoming.
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| It is so ORDERED.
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| FOR THE ATOMIC SAFETY AND LICENSING BOARD
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| /RA/
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| G. Paul Bollwerk, III, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 10, 2021
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| UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
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| )
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| DUKE ENERGY CAROLINAS, LLC, ) Docket Nos. 50-269, 50-270 & 50-287-SLR DUKE ENERY )
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| )
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| (Oconee Nuclear Station )
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| Units 1, 2 and 3) )
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| CERTIFICATE OF SERVICE I hereby certify that copies of the MEMORANDUM AND ORDER (Schedule for Responses to Applicant Duke Energy Carolinas, LLCs Information Notification) have been served upon the following persons by Electronic Information Exchange.
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| U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Susan Vrahoretis, Esq.
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| G. Paul Bollwerk, III, Chairman David E. Roth, Esq.
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| Administrative Judge Megan A. Wright, Esq.
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| Mary F. Woods, Esq.
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| Nicholas G. Trikouros Joseph M. Azeizat, Esq.
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| Administrative Judge Brian Newell, Senior Paralegal Georgiann E. Hampton, Paralegal Dr. Gary S. Arnold Amanda Black, Paralegal Administrative Judge E-mail: susan.vrahoretis@nrc.gov david.roth@nrc.gov Ian Curry, Law Clerk megan.wright@nrc.gov mary.woods@nrc.gov Brooke Taylor, Law Clerk joseph.azeizat@nrc.gov brian.newell@nrc.gov Allison Wood, Law Clerk georgiann.hampton@nrc.gov amanda.black@nrc.gov E-mail: paul.bollwerk@nrc.gov nicholas.trikouros@nrc.gov gary.arnold@nrc.gov ian.curry@nrc.gov brooke.taylor@nrc.gov allison.wood@nrc.gov
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| Oconee Power Station (Units 1, 2 and 3)
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| Docket Nos. 50-269, 50-270 and 50-287-SLR MEMORANDUM AND ORDER (Schedule for Responses to Applicant Duke Energy Carolinas, LLCs Information Notification)
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| Duke Energy Tracey LeRoy, Esq.
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| 550 South Tryon Street, 45A Charlotte, NC 28202 tracey.leroy@duke-energy.com Counsel for Duke Energy Morgan, Lewis & Bockius LLP Paul Bessette, Esq.
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| Ryan Lighty, Esq.
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| 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com Beyond Nuclear Paul Vernon Gunter, Esq.
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| 7304 Carroll Avenue #182 Takoma Park, MD 20912 paul@beyondnuclear.org Counsel for Beyond Nuclear Diane Curran, Esq.
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| Harmon, Curran, Spielberg and Eisenberg 1725 DeSales Street NW, Suite 500 Washington, DC 20036 dcurran@harmoncurran.com Krupskaya T. Digitally signed by Krupskaya T.
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| Castellon Castellon Date: 2021.11.10 13:09:35 -05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland, this 10th day of November 2021.
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| 2}}
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