[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Notices]
[Pages 24428-24432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10505]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-614; NRC-2025-0079]
Long Mott Energy, LLC.; Long Mott Generating Station;
Construction Permit Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Acceptance for docketing, opportunity to request a hearing and
petition for leave to intervene; order imposing procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has accepted for
review and docketed an application from Long Mott Energy, LLC (LME) for
a construction permit for a four-unit reactor facility to be built in
Calhoun County, Texas. In addition, the NRC is providing notice that an
uncontested hearing will be held on the LME construction permit
application at a time and place to be set in the future by the
presiding officer for the uncontested hearing. This notice also
provides the public an opportunity to request a hearing and petition
for leave to intervene (i.e., contested hearing) with respect to that
application. The NRC staff is currently conducting a detailed technical
review of the construction permit application. If the NRC issues a
construction permit, the applicant, LME, would be authorized to
construct its proposed reactor facility in accordance with the
provisions of the construction permit. Because the application contains
Sensitive Unclassified Non-Safeguards Information (SUNSI), this notice
includes an order that imposes procedures to obtain access to SUNSI for
contention preparation.
DATES: The application was docketed on March 31, 2025. A request for a
hearing or petition for leave to intervene must be filed by August 11,
2025. Any potential party as defined in Sec. 2.4 of title 10 of the
Code of Federal Regulations (10 CFR) who believes access to SUNSI is
necessary to respond to this notice must request document access by
June 20, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0079 when contacting the
NRC about the availability of information for this action. You may
obtain publicly available information related to this action by any of
the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0079. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
NRC's Public Website: The construction permit application
is available under the NRC's Long Mott Generating Station, Construction
Permit Application public website at https://www.nrc.gov/reactors/new-reactors/advanced/who-were-working-with/applicant-projects/long-mott.html.
FOR FURTHER INFORMATION CONTACT: Adrian Mu[ntilde]iz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-4093; email: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 24429]]
I. Discussion
By letter dated March 31, 2025 (ADAMS Package Accession No.
ML25090A057), LME, a wholly owned subsidiary of the Dow Chemical
Company, submitted, pursuant to 10 CFR part 50, ``Domestic Licensing of
Production and Utilization Facilities,'' a construction permit
application that proposes to construct a four-unit non-light water
reactor facility (a ``non-light water reactor'' as defined in 10 CFR
50.2). A notice of receipt and availability of LME's application was
published in the Federal Register on May 2, 2025 (90 FR 18874). The
information submitted by the applicant includes, among other things,
the transmittal letter (ADAMS Accession No. ML25090A058), the
preliminary safety analysis report (ADAMS Accession No. ML25090A061),
the environmental report (ADAMS Accession No. ML25090A063), and certain
financial qualification information (ADAMS Accession No. ML25090A059).
The NRC is considering issuance of a construction permit to LME
that would authorize the construction of the proposed reactor facility,
identified as Long Mott Generating Station, to be located in Calhoun
County, Texas. The facility would be a four-unit high-temperature gas-
cooled reactor (HTGR).
The LME construction permit application consists of the following
information:
The general information required by 10 CFR 50.33;
The Preliminary Safety Analysis Report required by 10 CFR
50.34(a);
The Environmental Report required by 10 CFR 51.50; and
Exemption requests to support issuance of a construction
permit.
The NRC staff determined that the LME application is complete and
acceptable for docketing in accordance with 10 CFR 2.101(a) and 10 CFR
part 50 and assigned the Docket No. 50-614. The NRC staff provided LME
notice of the acceptance and docketing determination by letter dated
May 12, 2025 (ADAMS Accession No. ML25115A247).
The NRC staff will perform a detailed technical review of the
construction permit application and document its safety findings in a
safety evaluation report. Also, in accordance with 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' the NRC staff will complete an
environmental review for the proposed action.
Docketing of the application does not preclude the NRC staff from
requesting additional information from the applicant as the review
proceeds, nor does it predict whether the Commission will grant or deny
the application. The construction permit application will be referred
to the Advisory Committee on Reactor Safeguards for review and report
consistent with 10 CFR 50.58, ``Hearings and report of the Advisory
Committee on Reactor Safeguards.'' If the Commission finds that the
construction permit application meets the applicable standards of the
Atomic Energy Act of 1954, as amended and the Commission's regulations,
and that any required notifications to other agencies and bodies have
been made, the Commission will issue a construction permit, in the form
and containing conditions and limitations that the Commission finds
appropriate and necessary.
II. Hearing
Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part
2, ``Agency Rules of Practice and Procedure,'' and 10 CFR part 50,
notice is hereby given that an uncontested (i.e., mandatory) hearing
will be held, at a time and place to be set in the future by the
presiding officer for the uncontested hearing.
III. Opportunity To Request a Hearing and Petition of Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the 60-day deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local government body, Federally recognized Indian Tribe,
or designated agency thereof, may submit a petition to the Commission
to participate as a party under 10 CFR 2.309(h) no later than 60 days
from the date of publication of this notice. Alternatively, a State,
local government body, Federally recognized Indian Tribe, or agency
thereof may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submittals (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local government body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to: (1) request a digital identification
(ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID
[[Page 24430]]
certificate is obtained and a docket created, the participant must
submit adjudicatory documents in Portable Document Format. Guidance on
submissions is available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is
considered complete at the time the document is submitted through the
NRC's E-Filing system. To be timely, an electronic filing must be
submitted to the E-Filing system no later than 11:59 p.m. ET on the due
date. Upon receipt of a transmission, the E-Filing system timestamps
the document and sends the submitter an email confirming receipt of the
document. The E-Filing system also distributes an email that provides
access to the document to the NRC's Office of the General Counsel and
any others who have advised the Office of the Secretary that they wish
to participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed to obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, excluding government holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as described above, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
Order Imposing Procedures for Access To Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request access to SUNSI. A ``potential party'' is any person who
intends to participate as a party by demonstrating standing and filing
an admissible contention under 10 CFR 2.309. Requests for access to
SUNSI submitted later than 10 days after publication of this notice
will not be considered absent a showing of good cause for the late
filing, addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Deputy General Counsel
for Licensing, Hearings, and Enforcement, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
The expedited delivery or courier mail address for both offices is:
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses for the Office of the Secretary and
the Office of the General Counsel are [email protected] and
[email protected],\1\ respectively. The request must
include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C, the NRC staff will determine within 10 days of receipt of
the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2), the NRC staff will notify the requestor in writing
that access to SUNSI has been granted. The written notification will
contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order,\2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no
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later than 25 days after receipt of (or access to) that information.
However, if more than 25 days remain between the petitioner's receipt
of (or access to) the information and the deadline for filing all other
contentions (as established in the notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI contentions by that later
deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and requisite need, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if this individual is unavailable, another
administrative judge, or an Administrative Law Judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if he or
she is unavailable, another administrative judge, or an Administrative
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a) if another
officer has been designated to rule on information access issues, with
that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012) apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI
request submitted to the NRC staff under these procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated: June 5, 2025.
For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
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Day Event/activity
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0........................ Publication of Federal Register notice of
hearing or opportunity for hearing,
including order with instructions for access
requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) which contains
information: (i) supporting the standing of
a potential party identified by name and
address; and (ii) describing the need for
the information in order for the potential
party to participate meaningfully in an
adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention which contains: (i)
demonstration of standing; and (ii) all
contentions whose formulation does not
require access to SUNSI (+25 Answers to
petition for intervention; +7 petitioner/
requestor reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and demonstrates
the need for SUNSI. (NRC staff also informs
any party to the proceeding whose interest
independent of the proceeding would be
harmed by the release of the information.)
If NRC staff makes the finding of need for
SUNSI and likelihood of standing, NRC staff
begins document processing (i.e.,
preparation of redactions or review of
redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requestor to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff's reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Agreement or Affidavit. Deadline
for applicant/licensee to file Non-
Disclosure Agreement or Affidavit for SUNSI.
A........................ If access is granted: issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
SUNSI (including schedule for providing
access and submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Agreements or Affidavits. Access provided to
SUNSI consistent with decision issuing the
Protective Order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or notice of opportunity
for hearing), the petitioner may file its
SUNSI contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2025-10505 Filed 6-9-25; 8:45 am]
BILLING CODE 7590-01-P