[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Page 23058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06983]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-269-SLR-2; 50-270-SLR-2; 50-287-SLR-2]


In the Matter of Duke Energy Carolinas, LLC, (Oconee Nuclear 
Station Units 1, 2, and 3); Order

    On February 13, 2024, the Nuclear Regulatory Commission issued a 
notice in the Federal Register providing an opportunity to request a 
hearing and petition for leave to intervene with respect to the Draft 
Supplemental Environmental Impact Statement for Duke Energy Carolinas, 
LLC's subsequent license renewal application for Oconee Nuclear 
Station, Units 1, 2, and 3.\1\ The Federal Register notice set a 
deadline of April 15, 2024, for filing a hearing request.
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    \1\ Duke Energy Carolinas, LLC; Oconee Nuclear Station, Units 1, 
2, and 3; Draft Supplemental Environmental Impact Statement, 89 
FR10,107 (Feb. 13, 2024) (Hearing Notice).
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    Subsequently, on March 18, 2024, Beyond Nuclear and Sierra Club 
(together, Petitioners) filed a motion to extend by two weeks, until 
April 29, 2024, the deadline for Petitioners to request a hearing in 
this proceeding.\2\ The Petitioners represent that the applicant has 
agreed not to oppose this extension request provided that its deadline 
to respond to such a hearing request is also extended by seven days, to 
May 31, 2024.\3\ In addition, the Petitioners state in the motion that 
the NRC Staff has not taken a position on the extension request.\4\
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    \2\ Motion by Beyond Nuclear and Sierra Club for Extension of 
Time to Submit Hearing Request (Mar. 18, 2024) (ADAMS Accession no. 
ML24078A146).
    \3\ Id. at 1.
    \4\ Id. at 2.
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    As good cause for the requested extension, the Petitioners cite 
conflicting litigation obligations, a personal commitment, and that 
they ``reasonably anticipated'' that the Commission would withdraw the 
hearing request in light of the circumstances in two other subsequent 
license renewal proceedings.\5\ Under Commission precedent litigation 
burden is not good cause for an extension.\6\
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    \5\ Id. at 1-2. The Petitioners cite subsequent license renewal 
proceedings for North Anna Power Station, Units 1 and 2, and Turkey 
Point Nuclear Generating, Units 3 and 4, the draft supplemental 
environmental impact statements of which were similarly noticed for 
hearing opportunities in accordance with Commission direction. CLI-
22-3, 95 NRC 40, 42 (2022). In the Turkey Point proceeding, the 
Atomic Safety and Licensing Board certified a question to the 
Commission concerning language in CLI-22-3, specifically, whether 
the Staff should have waited to issue the notice of opportunity for 
hearing until the completion of the final supplemental environmental 
impact statement. Florida Power & Light Co. (Turkey Point Nuclear 
Generating Units 3 and 4), LBP-24-1, 99 NRC __, __(Jan. 31, 2024) 
(slip op. at 4). The Commission recently issued an order in which it 
accepted the Board's certification and found the Staff's 
interpretation of CLI-22-3 with respect to the timing of the hearing 
notice acceptable. Florida Power & Light Co. (Turkey Point Nuclear 
Generating Units 3 and 4), CLI-24-1, 99 NRC __, __(Mar. 7, 2024) 
(slip op. at 6).
    \6\ See Consolidated Edison Co. of New York (Indian Point, Units 
1 and 2), CLI-01-8, 53 NRC 225, 229-30 (2001) (quoting Niagara 
Mohawk Power Corp. (Nine Mile Point, Units 1 & 2), 50 NRC 333, 343 
(1999)).
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    Nevertheless, in this instance, the participants have consulted, 
the Petitioners and the applicant have reached agreement, and the 
motion is unopposed. Therefore, pursuant to my authority under 10CFR 
2.346(b), I extend the deadline for all persons to file a hearing 
request in this proceeding until April 29, 2024. The deadline for 
answers to timely hearing requests shall be May 31, 2024, and the 
deadline for any replies shall be June 7, 2024. Petitions to intervene 
and requests for hearing shall be filed consistent with the 
instructions set out in the Electronic Submissions (E-Filing) section 
of the Hearing Notice.
    It is so ordered.

    For the Commission.

    Dated at Rockville, Maryland, This 28th of March 2024.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2024-06983 Filed 4-2-24; 8:45 am]
BILLING CODE 7590-01-P