ML24255A895
| ML24255A895 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 09/11/2024 |
| From: | Mary Woods NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57103, 50-269-SLR-2, 50-270-SLR-2, 50-287-SLR-2 | |
| Download: ML24255A895 (0) | |
Text
September 11, 2024
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of
DUKE ENERGY CAROLINAS, LLC Docket No. 50- 269-SLR-2, 50- 270- SLR-2, (Oconee Nuclear Station, Units 1, 2, and 3 ) 50- 287-SLR-2
NRC STAFF STATUS UPDATE ASSOCIATED WITH LICENSING BOARD MEMORANDUM AND ORDERS
On August 19, 2024, the Licensing Boa rd notified the parties that it received four (4)
e-mails from a member of the U.S. Nuclear Regulatory Commission Staff (NRC Staff) that the
Licensing Board is treating consistent with the agencys rules concerning ex parte and
separation of functions communications.1 The Licensing Board requested that the NRC Staff
review these e-mails to determine whether they contained any sensitive information that should
not be made public and provide a copy of the publicly available version of the e-mails with
redactions, as appropriate, so that the Licensing Board could place the redacted e-mails on the
public docket. 2 The Licensing Board also requested that the NRC Staff provide an update
1 See Licensing Board Memorandum and Order (Notice Concerning Ex Parte/Separation of Functions Communications) (Aug. 19, 2024) (ADAMS accession no. ML24232A221) (Notice Concerning Ex Parte/Separation of Functions Communications). As the Licensing Board recognized, these types of communications would typically be placed on the public docket in this proceeding, consistent with 10 C.F.R. §§ 2.347(c) and 2.348(c). See id. at 1. However, in order to ensure information in this proceeding is appropriately protected, the Licensing Board requested the NRC Staff to review these e-mails for sensitive information prior to making them publicly available. See id.
2 See id. at 2. ([ t]he Board requests that the NRC Staff review these e-mails and make a prompt determination about whether all or any portion of each e-mail can be publicly released, after which the Staff should provide a copy of the publicly available versions of these communications with any appropriate redactions for the docket of this proceeding via a public filing through the agencys E-Filing system. ); see also Licensing Board Memorandum and Order (Regarding Nondisclosure Declaration Filings, Reconsideration/Clarification Motions, Nonpublic Document Redaction, and Marking Nonpublic
2
regarding the NRC Staffs efforts on identifying and redacting nonpublic information in the
documents identified in Appendix 1 to the Licensing Boards August 19, 2024 Memorandum and
Order (Protective Order Governing Specific Sensitive Unclassified Non-Safeguards
Information), 3 and the ex parte/separation of functions documents. 4 Accordingly, the NRC Staff
is providing this update to the Licensing Board and parties.
The NRC Staff has provided the redacted version of the June 24, 2024, initial prehearing
conference transcript as a nonpublic attachment to its September 10, 2024, motion filed on the
public docket in this proceeding. Regarding documents listed in Appendix 1 to the Licensing
Boards August 19, 2024 Protective Orde r, the NRC Staff has received the redacted versions of
those documents from the Federal Energy Regulatory Commission, but those documents
contain references to other documents that the NRC staff is actively reviewing to identify
sensitive information that should be protected. Once this process is complete, the NRC Staff will
notify the parties and consult with them before filing a motion with the Licensing Board to
request that the Licensing Board accept the redacted versions of those documents for filing on
the public docket. The NRC Staff is striving to complete its review and will either provide the
redacted versions of those documents or an update on the status of that process on or before
September 25, 2024.
Documents), at 3-4 (Aug. 26, 2024) (ML24239A824) (notifying the parties that the Licensing Board would place the ex parte/separation of functions communications on the nonpublic docket for this proceeding)
(footnote omitted) (August 26, 2024, Memorandum and Order).
3 See Licensing Board Memorandum and Order (Protective Order Governing Specific Sensitive Unclassified Non-Safeguards Information), (Aug. 19, 2024) (ML24232A213) (August 19, 2024 Protective Order).
4 See August 26, 2024, Memorandum and Order at 5 (stating within fourteen (14) days of the date on which those nonpublic documents are placed in this proceedings docket, the NRC Staff should provide the Board and the other participants with a public status report regarding its efforts to identify what specific portions of these documents it asserts need to be redacted as nonpublic information, including an estimate of when it will complete this task relative to both the Appendix 1 and the ex parte/separation of functions documents.) ; see also Licensing Board Memorandum (Second Notice Regarding Issuance of Decision), at 2 (Sept. 9, 2024) ( ML24253A104) (Additionally, on or before September 11, 2024, the Board anticipates receiving from the NRC Staff a comprehensive status report regarding its efforts to provide redactions of the nonpublic information subject to the protective orders and an estimated date when it will complete this task. ) (footnote and citations omitted).
3
Regarding the NRC Staffs review of the ex parte/separation of functions
communications received by the Licensing Board, the NRC Staff has determined that they
contain sensitive information that should be protected. At this time, due to the volume of the
material submitted in and with the e-mails, which totals over 400 pages and includes pages of
references that must also be reviewed, the NRC Staff does not have a specific estimated
completion date as to when it would be able to file a redacted version of these documents. On
or before September 25, 2024, the NRC Staff will update the Licensing Board and parties on the
status of its review. The NRC Staff appreciates the position the Licensing Board is in and is
striving to complete this review as efficiently as possible.
Respectfully submitted,
/Signed ( electronically) by/
Mary Frances Woods Counsel for NRC Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555- 0001 Telephone: (301) 287-3514 E-mail: Mary.Woods@nrc.gov
Dated in Rockville, MD this 11th day of September 2024 September 11, 2024
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of
DUKE ENERGY CAROLINAS, LLC Docket Nos. 50- 269-SLR-2, 50- 270- SLR-2, (Oconee Nuclear Station, Units 1, 2, and 3) 50- 287-SLR-2
Certificate of Service
Pursuant to 10 C.F.R §2.305, I hereby certify that copies of the foregoing, NRC STAFF
STATUS UPDATE ASSOCIATED WITH LICENSING BOARD MEMORANDUM AND ORDERS
dated September 11, 2024, have been served upon the Electronic Information Exchange (the
NRCs E-Filing System), in the captioned proceeding, this 11th day of September 2024.
/Signed (electronically) by/
Mary Frances Woods Counsel for NRC Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555- 0001 Telephone: 301-287-3514 E-mail: Mary.Woods@nrc.gov Dated in Rockville, MD this 11th day of September 2024