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{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
 
G. Paul Bollwerk, III, Chair Dr. Sue H. Abreu Dr. Arielle J. Miller In the Matter of DUKE ENERGY CAROLINAS, LLC (Oconee Nuclear Station, Units 1, 2, and 3)
ATOMIC SAFETY AND LICENSING BOARD PANEL
Docket Nos. 50-269-SLR-2, 50-270-SLR-2, and 50-287-SLR-2 ASLBP No. 24-985-03-SLR-BD01 May 21, 2024 MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period)
 
On May 16, 2024, the Commission adopted a final rule (2024 Rule) that will make an agency generic environmental analysis applicable to both the initial license renewal (ILR) period (i.e., operating years 40 through 60) and the first subsequent license renewal (SLR) period (i.e.,
Before the Licensing Board:
operating years 60 through 80) for nuclear power plants.1 Also, in conjunction with the 2024 Rule, the NRC Staff has updated the 2013 version of NUREG-1437, Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants.2 1 See Mem. from Carrie M. Safford, Secretary, Nuclear Regulatory Commission (NRC) to Raymond V. Fursteneau, Acting Executive Director for Operations (EDO), NRC, at 1 (May 16, 2024) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24137A164) [hereinafter SRM].
 
2 See id.; see also 1 Office of Nuclear Material Safety and Safeguards, NUREG-1437,  
G. Paul Bollwerk, III, Chair Dr. Sue H. Abreu Dr. Arielle J. Miller
 
In the Matter of Docket Nos. 50 -269-SLR-2, 50-270-SLR-2, and 50-287-SLR-2 DUKE ENERGY CAROLINAS, LLC ASLBP No. 24-985-03-SLR-BD01 (Oconee Nuclear Station, Units 1, 2, and 3)
May 21, 2024
 
MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period)
 
On May 16, 2024, the Commission adopted a final rule (2024 Rule) that will make an
 
agency generic environmental analysis applicable to both the initial license renewal (ILR) period
 
(i.e., operating years 40 through 60) and the first subsequent license renewal (SLR) period (i.e.,
 
operating years 60 through 80) for nuclear power plants. 1 Also, in conjunction with the 2024
 
Rule, the NRC Staff has updated the 2013 version of NUREG-1437, Generic Environmental
 
Impact Statement (GEIS) for License Renewal of Nuclear Plants. 2
 
1 See Mem. from Carrie M. Safford, Secretary, Nuclear Regulatory Commission (NRC) to Raymond V. Fursteneau, Acting Executive Director for Operations (EDO), NRC, at 1 (May 16, 2024) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24137A164) [hereinafter SRM].
 
2 See id.; see also 1 Office of Nuclear Material Safety and Safeguards, NUREG-1437,
 
Of particular relevance to this proceeding, the 2024 Rule will revise portions of
 
Table B-1, Summary of Findings on NEPA Issues for License Renewal of Nuclear Power Plants,
 
in appendix B to subpart A of 10 C.F.R. part 51 (Table B-1) that will delineate 80 environmental
 
topics that are to be classified either as generic (Category 1) issues or as plant-specific
 
(Category 2) issues.3
 
Additional administrative action by the NRC Staff is necessary before the newly adopted
 
rule will be published in the Federal Register, to become effective 30 days after publication. 4
 
Nonetheless, the possibility exists that the 2024 Rule may become effective before the
 
resolution of the question of the admissibility of the three pending contentions proffered by
 
petitioners Beyond Nuclear and the Sierra Club (Petitioners) in their pending April 29, 2024
 
hearing request (as corrected on May 1, 2024). Moreover, based on prior Commission
 
precedent in ILR cases, whether a contention is denoted as raising issues falling within either
 
Table B-1 Category 1 or Table B-1 Category 2 can have a significant impact on the standards
 
that apply to the admission of the contention. 5 Accordingly, to aid the Board in its understanding
 
of the potential substantive and procedural impacts of this newly adopted rule, in their upcoming


Of particular relevance to this proceeding, the 2024 Rule will revise portions of Table B-1, Summary of Findings on NEPA Issues for License Renewal of Nuclear Power Plants, in appendix B to subpart A of 10 C.F.R. part 51 (Table B-1) that will delineate 80 environmental topics that are to be classified either as generic (Category 1) issues or as plant-specific (Category 2) issues.3 Additional administrative action by the NRC Staff is necessary before the newly adopted rule will be published in the Federal Register, to become effective 30 days after publication.4 Nonetheless, the possibility exists that the 2024 Rule may become effective before the resolution of the question of the admissibility of the three pending contentions proffered by petitioners Beyond Nuclear and the Sierra Club (Petitioners) in their pending April 29, 2024 hearing request (as corrected on May 1, 2024). Moreover, based on prior Commission precedent in ILR cases, whether a contention is denoted as raising issues falling within either Table B-1 Category 1 or Table B-1 Category 2 can have a significant impact on the standards that apply to the admission of the contention.5 Accordingly, to aid the Board in its understanding of the potential substantive and procedural impacts of this newly adopted rule, in their upcoming
[GEIS] for License Renewal of Nuclear Plants, Main Report, Final Report (rev. 2 Feb. 2024)
[GEIS] for License Renewal of Nuclear Plants, Main Report, Final Report (rev. 2 Feb. 2024)
(ADAMS Accession No. ML23201A224) [hereinafter 2024 GEIS]; 1 Office of Nuclear Reactor Regulation, NRC, NUREG-1437, [GEIS] for Licens e Renewal of Nuclear Plants, Main Report, Final Report (rev. 1 June 2013) (ADAMS Accession No. ML13106A241).
(ADAMS Accession No. ML23201A224) [hereinafter 2024 GEIS]; 1 Office of Nuclear Reactor Regulation, NRC, NUREG-1437, [GEIS] for License Renewal of Nuclear Plants, Main Report, Final Report (rev. 1 June 2013) (ADAMS Accession No. ML13106A241).
 
3 See Mem. from Raymond V. Furstenau, Acting EDO, NRC, to the Commissioners, NRC, SECY-24-0017, Final Rule: Renewing Nuclear Power Plant Operating Licenses Environmental Review at 3 (Feb. 21, 2024) (ADAMS Accession No. ML23202A150) [hereinafter SECY-24-0017].
3 See Mem. from Raymond V. Furstenau, Acting EDO, NRC, to the Commissioners, NRC, SECY-24-0017, Final Rule: Renewing Nuclear Power Plant Operating Licenses Environmental Review at 3 (Feb. 21, 2024) (ADAMS Accession No. ML23202A150) [hereinafter SECY-24-0017].
4 See SRM at 1; SECY-24-0017, at 7.
4 See SRM at 1; SECY-24-0017, at 7.
5 See Exelon Generation Co., LLC (Limerick Generating Station, Units 1 and 2),
5 See Exelon Generation Co., LLC (Limerick Generating Station, Units 1 and 2),
CLI-12-19, 76 NRC 377, 385-87 (2012) (indicating that notwithstanding recognized opportunity in license renewal cases to contest matters involving new and significant environmental information, challenge to Table B-1 Category 1 issues requires that petitioner submit a 10 C.F.R. § 2.335(b) rule waiver petition).
CLI-12-19, 76 NRC 377, 385-87 (2012) (indicating that notwithstanding recognized opportunity in license renewal cases to contest matters involving new and significant environmental information, challenge to Table B-1 Category 1 issues requires that petitioner submit a 10 C.F.R. § 2.335(b) rule waiver petition).  


responsive pleadings associated with Petitioners pending hearing request, 6 the participants
responsive pleadings associated with Petitioners pending hearing request,6 the participants should address the following matters, as appropriate:
 
: 1. What Is the Applicability of the 2024 Rule to this Proceeding? When effective, will the 2024 Rule apply to a pending SLR application proceeding like this one, including any associated adjudication?7
should address the following matters, as appropriate:
: 2. When Does the NRC Staff Anticipate the 2024 Rule Will Be Effective? What is the NRC Staffs schedule for submitting the 2024 Rule, as revised by the Commission, to the NRC Secretary for transmission to the Federal Register and when does the Staff anticipate that the 2024 Rule will become effective?
: 1. What Is the Applicability of the 2024 Rule to this Proceeding? When effective, will the
 
2024 Rule apply to a pending SLR application proceeding like this one, including any associated
 
adjudication?7
: 2. When Does the NRC Staff Anticipate the 2024 Rule Will Be Effective? What is the
 
NRC Staffs schedule for submitting the 2024 Rule, as revised by the Commission, to the NRC
 
Secretary for transmission to the Federal Register and when does the Staff anticipate that the
 
2024 Rule will become effective?
: 3. What Is the Relevance of the 2024 Rules Compliance Provision to this Proceeding?
: 3. What Is the Relevance of the 2024 Rules Compliance Provision to this Proceeding?
 
What effect, if any, does the 2024 Rules requirement that there be compliance with the rule within one year after publication have upon its effectiveness or its potential application in this adjudicatory proceeding?8
What effect, if any, does the 2024 Rules requirement that there be compliance with the rule
 
within one year after publication have upon its effectiveness or its potential application in this
 
adjudicatory proceeding? 8
: 4. What Is the Status of NRC Staffs Compliance with the 2024 Rule in this Proceeding?
: 4. What Is the Status of NRC Staffs Compliance with the 2024 Rule in this Proceeding?
 
10 C.F.R. § 51.95(c)(4) provides that in making a determination about license renewal environmental impacts, the NRC staff, adjudicatory officers, and [the] Commission shall integrate the conclusions in the generic environmental impact statement for issues designated 6 See Licensing Board Memorandum and Order (Initial Prehearing Order) (May 8, 2024) at 2 (indicating answers of applicant Duke Energy Carolinas, LLC, (Duke) and the NRC Staff to Petitioners pending hearing request are due by May 31, 2024, while Petitioners reply must be filed on or before June 7, 2024) (unpublished).
10 C.F.R. § 51.95(c)(4) provides that in making a determination about license renewal
 
environmental impacts, the NRC staff, adjudicatory officers, and [the] Commission shall
 
integrate the conclusions in the generic environmental impact statement for issues designated
 
6 See Licensing Board Memorandum and Order (Initial Prehearing Order) (May 8, 2024) at 2 (indicating answers of applicant Duke Energy Carolinas, LLC, (Duke) and the NRC Staff to Petitioners pending hearing request are due by May 31, 2024, while Petitioners reply must be filed on or before June 7, 2024) (unpublished).
 
7 See SECY-24-0017, at 6 (indicating that adoption of the rule would enable pending and future license renewal applicants to realize the efficiencies based on the findings for Category 1 issues in Table B-1, as supported by the technical basis in the revised [2024] GEIS, in preparing environmental reports as part of their applications).
7 See SECY-24-0017, at 6 (indicating that adoption of the rule would enable pending and future license renewal applicants to realize the efficiencies based on the findings for Category 1 issues in Table B-1, as supported by the technical basis in the revised [2024] GEIS, in preparing environmental reports as part of their applications).
8 See id. at 7 (stating that [c]ompliance with the rule will be required no later than 1 year after publication).


8 See id. at 7 (stating that [c]ompliance with the rule will be required no later than 1 year after publication).
as Category 1 with information developed for those Category 2 issues applicable to the plant under § 53.51(c)(3)(ii) and any new and significant information. Given this provision, once the 2024 Rule becomes effective, in light of the discussion in Appendix G to its February 2024 draft site-specific environmental impact statement (SSEIS) for the Oconee facility,9 what additional actions, if any, must be taken by the NRC Staff to incorporate the provisions of the 2024 Rule and the 2024 GEIS into this licensing proceeding (including the 2024 draft SSEIS) before any adjudication of Petitioners contentions would be subject to the terms of the 2024 Rule and the 2024 GEIS?
 
: 5. What Impact Does the 2024 Rule Have on This Proceeding Relative to Petitioners Contentions? Assuming the 2024 Rule is applicable to this proceeding per item 1 above, Petitioners contentions could fall within the ambit of Table B-1s issue groupings and findings as well as the associated Category 1 and 2 designations. In light of the NRC Staffs responses to items 2 and 3 above regarding the 2024 Rules effective date and NRC Staff compliance with the 2024 Rule in this proceeding, what impact would the 2024 Rule have on this proceeding, including additional participant filings that would be appropriate and the schedule for such submissions?10 9 See Office of Nuclear Material Safety and Safeguards, [SSEIS] for License Renewal of Nuclear Plants, Supp. 2, Second Renewal, Regarding [SLR] for Oconee Nuclear Station Units 1, 2, and 3, NUREG-1437, app. G (draft Feb. 2024) (Environmental Issues and Impact Findings Contained In the Proposed Rule, 10 CFR Part 51, Environmental Protection Regulations For Domestic Licensing And Related Regulatory Functions) (ADAMS Accession No. ML24033A298).
as Category 1 with information developed for those Category 2 issues applicable to the plant
 
under § 53.51(c)(3)(ii) and any new and significant information. Given this provision, once the
 
2024 Rule becomes effective, in light of the discussion in Appendix G to its February 2024 draft
 
site-specific environmental impact statement (SSEIS) for the Oconee facility, 9 what additional
 
actions, if any, must be taken by the NRC Staff to incorporate the provisions of the 2024 Rule
 
and the 2024 GEIS into this licensing proceeding (including the 2024 draft SSEIS) before any
 
adjudication of Petitioners contentions would be subject to the terms of the 2024 Rule and the
 
2024 GEIS?
: 5. What Impact Does the 2024 Rule Have on This Proceeding Relative to Petitioners
 
Contentions? Assuming the 2024 Rule is applic able to this proceeding per item 1 above,
 
Petitioners contentions could fall within the ambit of Table B-1s issue groupings and findings as
 
well as the associated Category 1 and 2 designations. In light of the NRC Staffs responses to
 
items 2 and 3 above regarding the 2024 Rules effective date and NRC Staff compliance with
 
the 2024 Rule in this proceeding, what impact would the 2024 Rule have on this proceeding,
 
including additional participant filings that would be appropriate and the schedule for such
 
submissions?10
 
9 See Office of Nuclear Material Safety and Safeguards, [SSEIS] for License Renewal of Nuclear Plants, Supp. 2, Second Renewal, Regarding [SLR] for Oconee Nuclear Station Units 1, 2, and 3, NUREG-1437, app. G (draft Feb. 2024) (Environmental Issues and Impact Findings Contained In the Proposed Rule, 10 CFR Part 51, Environmental Protection Regulations For Domestic Licensing And Related Regulatory Functions) (ADAMS Accession No. ML24033A298).
 
10 Although Duke may not have knowledge of the NRC Staffs answers to item 2 and 3 before filing its answer (unless the NRC Staff choses to provide that information to Duke prior to the Staffs submission of its answer), Duke nonetheless should make its best effort to respond regarding these items based on whatever stated assumptions it deems reasonable.
10 Although Duke may not have knowledge of the NRC Staffs answers to item 2 and 3 before filing its answer (unless the NRC Staff choses to provide that information to Duke prior to the Staffs submission of its answer), Duke nonetheless should make its best effort to respond regarding these items based on whatever stated assumptions it deems reasonable.
- 5 -
As was noted earlier, participant responses to these questions should be incorporated into their upcoming responsive pleadings. See supra note 6 and accompanying text.
 
As was noted earlier, participant responses to these questions should be incorporated
 
into their upcoming responsive pleadings. See supra note 6 and accompanying text.
 
It is so ORDERED.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland May 21, 2024
/RA/


FOR THE ATOMIC SAFETY AND LICENSING BOARD
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DUKE ENERGY CAROLINAS, LLC,
)
Docket Nos. 50-269 SLR-2
)
50-270 SLR-2
)
50-287 SLR-2
)
(Oconee Nuclear Station Units 1, 2, and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period) 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 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 G. Paul Bollwerk, III, Chairman, Administrative Judge Dr. Sue H. Abreu, Administrative Judge Dr. Arielle J. Miller, Administrative Judge Emily Newman, Law Clerk E-mail: Paul.bollwerk@nrc.gov Sue.abreu@nrc.gov Arielle.miller@nrc.gov emily.newman@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 David Roth Susan H. Vrahoretis Mary Frances Woods Megan Wright Kevin Bernstein Caitlin R. Byrd, Paralegal Georgiann E. Hampton, Paralegal E-mail: david.roth@nrc.gov susan.vrahoretis@nrc.gov mary.woods@nrc.gov megan.wright@nrc.gov kevin.bernstein@nrc.gov caitlin.byrd@nrc.gov georgiann.hampton@nrc.gov Counsel for Duke Energy Carolinas, LLC Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Paul Bessette Ryan K. Lighty Scott Clausen E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com scott.clausen@morganlewis.com


/RA/
Duke Energy Carolinas, LLC (Oconee Nuclear Station Units 1, 2, and 3, Docket Nos. 50-269, 50-270, and 50-287 SLR-2)
G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE
MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period) 2 Duke Energy Corporation 525 South Tryon Street Charlotte, North Carolina 28202 Tracey M. Leroy E-mail: tracey.leroy@duke-energy.com Counsel for Beyond Nuclear and Sierra Club Harmon, Curran, Spielberg, &
 
Rockville, Maryland
 
May 21, 2024 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
 
In the Matter of )
)
DUKE ENERGY CAROLINAS, LLC, ) Docket Nos. 50-269 SLR-2
) 50- 270 SLR-2
) 50- 287 SLR-2
)
(Oconee Nuclear Station Units 1, 2, and 3) )
 
CERTIFICATE OF SERVICE
 
I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period) have been served upon the following persons by Electronic Information Exchange.
 
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov David Roth Susan H. Vrahoretis Mary Frances Woods U.S. Nuclear Regulatory Commission Megan Wright Office of the Secretary of the Commission Kevin Bernstein Mail Stop: O-16B33 Caitlin R. Byrd, Paralegal Washington, DC 20555-0001 Georgiann E. Hampton, Paralegal E-mail: hearingdocket@nrc.gov E-mail: david.roth@nrc.gov susan.vrahoretis@nrc.gov mary.woods@nrc.gov U.S. Nuclear Regulatory Commission megan.wright@nrc.gov Atomic Safety and Licensing Board Panel kevin.bernstein@nrc.gov Mail Stop: T-3F23 caitlin.byrd@nrc.gov Washington, DC 20555-0001 georgiann.hampton@nrc.gov G. Paul Bollwerk, III, Chairman, Administrative Judge Dr. Sue H. Abreu, Administrative Judge Counsel for Duke Energy Carolinas, LLC Dr. Arielle J. Miller, Administrative Judge Morgan, Lewis & Bockius, LLC Emily Newman, Law Clerk 1111 Pennsylvania Ave NW E-mail: Paul.bollwerk@nrc.gov Washington, DC 20004 Sue.abreu@nrc.gov Paul Bessette Arielle.miller@nrc.gov Ryan K. Lighty emily.newman@nrc.gov Scott Clausen E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com scott.clausen@morganlewis.com
 
Duke Energy Carolinas, LLC (Oconee Nuclear Station Units 1, 2, and 3, Docket Nos. 50-269, 50-270, and 50 -287 SLR-2)
MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period)
 
Beyond Nuclear Reactor Oversight Project Duke Energy Corporation 7304 Carroll Avenue #182 525 South Tryon Street Takoma Park, MD 20912 Charlotte, North Carolina 28202 Paul Gunter Tracey M. Leroy E-mail: paul@beyondnuclear.org E-mail: tracey.leroy@duke-energy.com
 
Counsel for Beyond Nuclear and Sierra Club Harmon, Curran, Spielberg, &
Eisenberg, LLP 1725 DeSales Street, N.W.
Eisenberg, LLP 1725 DeSales Street, N.W.
Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com
Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com Beyond Nuclear Reactor Oversight Project 7304 Carroll Avenue #182 Takoma Park, MD 20912 Paul Gunter E-mail: paul@beyondnuclear.org Office of the Secretary of the Commission Dated at Rockville, Maryland, this 21st day of May 2024.
 
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.05.21 10:57:05 -04'00'}}
Office of the Secretary of the Commission
 
Dated at Rockville, Maryland, this 21st day of Ma y 2024.
 
2}}

Latest revision as of 18:15, 24 November 2024

Memorandum and Order (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period)
ML24142A273
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 05/21/2024
From: Bollwerk G
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 57030, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR, ASLBP 24-985-03-SLR-BD01
Download: ML24142A273 (0)
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Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:

G. Paul Bollwerk, III, Chair Dr. Sue H. Abreu Dr. Arielle J. Miller In the Matter of DUKE ENERGY CAROLINAS, LLC (Oconee Nuclear Station, Units 1, 2, and 3)

Docket Nos. 50-269-SLR-2, 50-270-SLR-2, and 50-287-SLR-2 ASLBP No. 24-985-03-SLR-BD01 May 21, 2024 MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period)

On May 16, 2024, the Commission adopted a final rule (2024 Rule) that will make an agency generic environmental analysis applicable to both the initial license renewal (ILR) period (i.e., operating years 40 through 60) and the first subsequent license renewal (SLR) period (i.e.,

operating years 60 through 80) for nuclear power plants.1 Also, in conjunction with the 2024 Rule, the NRC Staff has updated the 2013 version of NUREG-1437, Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants.2 1 See Mem. from Carrie M. Safford, Secretary, Nuclear Regulatory Commission (NRC) to Raymond V. Fursteneau, Acting Executive Director for Operations (EDO), NRC, at 1 (May 16, 2024) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24137A164) [hereinafter SRM].

2 See id.; see also 1 Office of Nuclear Material Safety and Safeguards, NUREG-1437,

Of particular relevance to this proceeding, the 2024 Rule will revise portions of Table B-1, Summary of Findings on NEPA Issues for License Renewal of Nuclear Power Plants, in appendix B to subpart A of 10 C.F.R. part 51 (Table B-1) that will delineate 80 environmental topics that are to be classified either as generic (Category 1) issues or as plant-specific (Category 2) issues.3 Additional administrative action by the NRC Staff is necessary before the newly adopted rule will be published in the Federal Register, to become effective 30 days after publication.4 Nonetheless, the possibility exists that the 2024 Rule may become effective before the resolution of the question of the admissibility of the three pending contentions proffered by petitioners Beyond Nuclear and the Sierra Club (Petitioners) in their pending April 29, 2024 hearing request (as corrected on May 1, 2024). Moreover, based on prior Commission precedent in ILR cases, whether a contention is denoted as raising issues falling within either Table B-1 Category 1 or Table B-1 Category 2 can have a significant impact on the standards that apply to the admission of the contention.5 Accordingly, to aid the Board in its understanding of the potential substantive and procedural impacts of this newly adopted rule, in their upcoming

[GEIS] for License Renewal of Nuclear Plants, Main Report, Final Report (rev. 2 Feb. 2024)

(ADAMS Accession No. ML23201A224) [hereinafter 2024 GEIS]; 1 Office of Nuclear Reactor Regulation, NRC, NUREG-1437, [GEIS] for License Renewal of Nuclear Plants, Main Report, Final Report (rev. 1 June 2013) (ADAMS Accession No. ML13106A241).

3 See Mem. from Raymond V. Furstenau, Acting EDO, NRC, to the Commissioners, NRC, SECY-24-0017, Final Rule: Renewing Nuclear Power Plant Operating Licenses Environmental Review at 3 (Feb. 21, 2024) (ADAMS Accession No. ML23202A150) [hereinafter SECY-24-0017].

4 See SRM at 1; SECY-24-0017, at 7.

5 See Exelon Generation Co., LLC (Limerick Generating Station, Units 1 and 2),

CLI-12-19, 76 NRC 377, 385-87 (2012) (indicating that notwithstanding recognized opportunity in license renewal cases to contest matters involving new and significant environmental information, challenge to Table B-1 Category 1 issues requires that petitioner submit a 10 C.F.R. § 2.335(b) rule waiver petition).

responsive pleadings associated with Petitioners pending hearing request,6 the participants should address the following matters, as appropriate:

1. What Is the Applicability of the 2024 Rule to this Proceeding? When effective, will the 2024 Rule apply to a pending SLR application proceeding like this one, including any associated adjudication?7
2. When Does the NRC Staff Anticipate the 2024 Rule Will Be Effective? What is the NRC Staffs schedule for submitting the 2024 Rule, as revised by the Commission, to the NRC Secretary for transmission to the Federal Register and when does the Staff anticipate that the 2024 Rule will become effective?
3. What Is the Relevance of the 2024 Rules Compliance Provision to this Proceeding?

What effect, if any, does the 2024 Rules requirement that there be compliance with the rule within one year after publication have upon its effectiveness or its potential application in this adjudicatory proceeding?8

4. What Is the Status of NRC Staffs Compliance with the 2024 Rule in this Proceeding?

10 C.F.R. § 51.95(c)(4) provides that in making a determination about license renewal environmental impacts, the NRC staff, adjudicatory officers, and [the] Commission shall integrate the conclusions in the generic environmental impact statement for issues designated 6 See Licensing Board Memorandum and Order (Initial Prehearing Order) (May 8, 2024) at 2 (indicating answers of applicant Duke Energy Carolinas, LLC, (Duke) and the NRC Staff to Petitioners pending hearing request are due by May 31, 2024, while Petitioners reply must be filed on or before June 7, 2024) (unpublished).

7 See SECY-24-0017, at 6 (indicating that adoption of the rule would enable pending and future license renewal applicants to realize the efficiencies based on the findings for Category 1 issues in Table B-1, as supported by the technical basis in the revised [2024] GEIS, in preparing environmental reports as part of their applications).

8 See id. at 7 (stating that [c]ompliance with the rule will be required no later than 1 year after publication).

as Category 1 with information developed for those Category 2 issues applicable to the plant under § 53.51(c)(3)(ii) and any new and significant information. Given this provision, once the 2024 Rule becomes effective, in light of the discussion in Appendix G to its February 2024 draft site-specific environmental impact statement (SSEIS) for the Oconee facility,9 what additional actions, if any, must be taken by the NRC Staff to incorporate the provisions of the 2024 Rule and the 2024 GEIS into this licensing proceeding (including the 2024 draft SSEIS) before any adjudication of Petitioners contentions would be subject to the terms of the 2024 Rule and the 2024 GEIS?

5. What Impact Does the 2024 Rule Have on This Proceeding Relative to Petitioners Contentions? Assuming the 2024 Rule is applicable to this proceeding per item 1 above, Petitioners contentions could fall within the ambit of Table B-1s issue groupings and findings as well as the associated Category 1 and 2 designations. In light of the NRC Staffs responses to items 2 and 3 above regarding the 2024 Rules effective date and NRC Staff compliance with the 2024 Rule in this proceeding, what impact would the 2024 Rule have on this proceeding, including additional participant filings that would be appropriate and the schedule for such submissions?10 9 See Office of Nuclear Material Safety and Safeguards, [SSEIS] for License Renewal of Nuclear Plants, Supp. 2, Second Renewal, Regarding [SLR] for Oconee Nuclear Station Units 1, 2, and 3, NUREG-1437, app. G (draft Feb. 2024) (Environmental Issues and Impact Findings Contained In the Proposed Rule, 10 CFR Part 51, Environmental Protection Regulations For Domestic Licensing And Related Regulatory Functions) (ADAMS Accession No. ML24033A298).

10 Although Duke may not have knowledge of the NRC Staffs answers to item 2 and 3 before filing its answer (unless the NRC Staff choses to provide that information to Duke prior to the Staffs submission of its answer), Duke nonetheless should make its best effort to respond regarding these items based on whatever stated assumptions it deems reasonable.

As was noted earlier, participant responses to these questions should be incorporated into their upcoming responsive pleadings. See supra note 6 and accompanying text.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland May 21, 2024

/RA/

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

DUKE ENERGY CAROLINAS, LLC,

)

Docket Nos. 50-269 SLR-2

)

50-270 SLR-2

)

50-287 SLR-2

)

(Oconee Nuclear Station Units 1, 2, and 3)

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period) 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 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 G. Paul Bollwerk, III, Chairman, Administrative Judge Dr. Sue H. Abreu, Administrative Judge Dr. Arielle J. Miller, Administrative Judge Emily Newman, Law Clerk E-mail: Paul.bollwerk@nrc.gov Sue.abreu@nrc.gov Arielle.miller@nrc.gov emily.newman@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 David Roth Susan H. Vrahoretis Mary Frances Woods Megan Wright Kevin Bernstein Caitlin R. Byrd, Paralegal Georgiann E. Hampton, Paralegal E-mail: david.roth@nrc.gov susan.vrahoretis@nrc.gov mary.woods@nrc.gov megan.wright@nrc.gov kevin.bernstein@nrc.gov caitlin.byrd@nrc.gov georgiann.hampton@nrc.gov Counsel for Duke Energy Carolinas, LLC Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Paul Bessette Ryan K. Lighty Scott Clausen E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com scott.clausen@morganlewis.com

Duke Energy Carolinas, LLC (Oconee Nuclear Station Units 1, 2, and 3, Docket Nos. 50-269, 50-270, and 50-287 SLR-2)

MEMORANDUM AND ORDER (Request to Address Impacts of Final Rule Applying Generic Environmental Impact Statement to Subsequent License Renewal Period) 2 Duke Energy Corporation 525 South Tryon Street Charlotte, North Carolina 28202 Tracey M. Leroy E-mail: tracey.leroy@duke-energy.com Counsel for Beyond Nuclear and Sierra Club Harmon, Curran, Spielberg, &

Eisenberg, LLP 1725 DeSales Street, N.W.

Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com Beyond Nuclear Reactor Oversight Project 7304 Carroll Avenue #182 Takoma Park, MD 20912 Paul Gunter E-mail: paul@beyondnuclear.org Office of the Secretary of the Commission Dated at Rockville, Maryland, this 21st day of May 2024.

KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.05.21 10:57:05 -04'00'

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