IR 05000219/2025002
| ML26014A042 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek (DPR-016) |
| Issue date: | 01/15/2026 |
| From: | Eve E Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Trice K Holtec Decommissioning International |
| References | |
| EPID I-2025-002-0078, EPID I-2025-001-0135 IR 2025001, IR 2025002 | |
| Download: ML26014A042 (0) | |
Text
January 15, 2026
SUBJECT:
HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, OYSTER CREEK NUCLEAR GENERATING STATION - NRC INSPECTION REPORT NOS.
05000219/2025002, INDEPENDENT SPENT FUEL STORAGE INSTALLATION INSPECTION REPORT 07200015/2025001, AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Kelly Trice:
On December 31, 2025, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at your Oyster Creek Nuclear Generating Station (Oyster Creek). The results of the inspection were discussed with Jeffrey Dostal, Site Vice President, and other members of your staff on January 8, 2026, and are described in the enclosed inspection report.
The NRC identified a violation of Title 10 of the Code of Federal Regulations (10 CFR) Part 72.48, paragraphs (c)(1), (c)(2), and (d)(1), and provisions of 10 CFR 72.212 that resulted from a Certificate of Compliance (CoC) holders failure to comply with 10 CFR 72.48 for a CoC holder-generated change for the Holtec continuous basket shim multi-purpose canister variant design. However, an Interim Enforcement Policy issued in August 2025 is applicable to this violation. Specifically, Enforcement Policy Section 9.4, Enforcement Discretion for General Licensee Adoption of Certificate of Compliance (CoC) Holder-Generated Modifications under 10 CFR Part 72.48, provides enforcement discretion to not issue an enforcement action for this violation. The licensee will be expected to comply with 10 CFR 72.212 provisions after the NRC dispositions the noncompliance for a CoC holder-generated change that affects the General Licensee.
No other violations of more than minor safety significance were identified during this inspection. This letter, its enclosure, and your response (if any) will be made available for public inspection and copying at http://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room in accordance with 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.
Sincerely, Elise Eve, Acting Chief Decommissioning, ISFSI, and Reactor Health Physics Branch Division of Radiological Safety and Security
Docket Nos. 05000219 and 07200015 License No.
cc w/encl: Distribution via ListServ
Enclosure:
Inspection Report Nos.
05000219/2025002 and 07200015/2025001
ELISE EVE Digitally signed by ELISE EVE Date: 2026.01.15 07:22:41 -05'00'
SUBJECT:
HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, OYSTER CREEK NUCLEAR GENERATING STATION - NRC INSPECTION REPORT NOS.
05000219/2025002 INDEPENDENT SPENT FUEL STORAGE INSTALLATION INSPECTION REPORT 07200015/2025001, AND EXERCISE OF ENFORCEMENT DISCRETION DATED JANUARY 15, 2026
DISTRIBUTION:
MFerdas, DRSS EEve, DRSS SVeunephachan, DRSS KBarnes, DRSS LEklund, DRSS MDoell, RDB
ADAMS A
Inspection Report
Docket Nos.
05000219 and 07200015
License No.
Report Nos.
05000219/2025002 and 07200015/2025001
Enterprise Identifiers:
I-2025-002-0078 and I-2025-001-0135
Licensee:
Holtec Decommissioning International, LLC (HDI)
Facility:
Oyster Creek Nuclear Generating Station
Location:
Forked River, New Jersey
Inspection Dates:
July 1, 2025, to December 31, 2025
Inspectors:
S. Veunephachan, Senior Health Physicist
Decommissioning, ISFSI and Reactor Health Physics Branch
Division of Radiological Safety and Security
L. Eklund, Health Physicist
Decommissioning, ISFSI and Reactor Health Physics Branch
Division of Radiological Safety and Security
A. Kostick, Health Physicist
Decommissioning, ISFSI and Reactor Health Physics Branch
Division of Radiological Safety and Security
Approved By:
Elise Eve, Acting Chief
Decommissioning, ISFSI and Reactor Health Physics Branch
Division of Radiological Safety and Security
SUMMARY
The U.S. Nuclear Regulatory Commission (NRC) conducted a routine inspection of problem identification and resolution, fire protection, decommissioning performance and status reviews, occupational radiation exposure, and solid radioactive waste management and transportation.
The inspection consisted of observations by the inspectors, interviews with site personnel, a review of procedures and records, and site walk-downs. The NRCs program for overseeing the safe decommissioning of a permanently shutdown nuclear power reactor is described in Inspection Manual Chapter (IMC) 2561, Decommissioning Power Reactor Inspection Program.
Additionally, this inspection report includes a review of independent spent fuel storage installation (ISFSI) dry cask activities. The NRCs program for overseeing the operation of dry storage of spent fuel at an ISFSI is described in IMC 2690, Inspection Program for Dry Storage of Spent Reactor Fuel at Independent Spent Fuel Storage Installations and for Title 10 of the Code of Federal Regulations (10 CFR) Part 71 Transportation Packagings.
List of Violations
No violations of more than minor significance were identified. One violation was identified for which enforcement discretion was granted.
Additional Tracking Items
Type Issue Number Title Report Section Status EDG EAF-NMSS-2025-0224 Noncompliance Related to a General Licensees Use of Non-Qualified Spent Fuel Casks (IEP 9.4)60855 Closed
SITE STATUS
Oyster Creek Nuclear Generating Stations was inspected under Category 3,Active Decommissioning (DECON), No Fuel in the Spent Fuel Pool as described in IMC 2561.
The inspectors performed on-site decommissioning inspection activities on August 4 - 7,
September 22 - 25, and December 8 - 11, 2025 supplemented by in-office reviews and periodic phone calls. The inspection consisted of observations by the inspectors, interviews with site personnel, a review of procedures and records, and site walk-downs.
HDI completed internal demolition and concrete remediation work of the New Radwaste Building (NRW) and began open air demolition. HDI continued preparations for vessel segmentation by separating the bellows and began preliminary cutting of piping within the turbine building. HDI continued waste loadout of radioactive material.
INSPECTION SCOPES
The inspection was conducted using the appropriate portions of the inspection procedures (IPs).
Currently approved IPs are located and may be viewed on the public website at http://www.nrc.gov/reading-rm/doc-collections/insp-manual/inspection-procedure/index.html.
The inspectors reviewed select procedures and records, observed activities, and interviewed personnel to assess licensee performance and compliance with Commission rules and regulations, license conditions, site procedures, and standards. The inspections were declared complete when the objectives of the IPs were met, consistent with Inspection Manual Chapter (IMC) 2561, Decommissioning Power Reactor Inspection Program and 2690 Inspection Program for Storage of Spent Reactor Fuel and Reactor-Related Greater-than-Class C Waste at Independent Spent Fuel Storage Installations (ISFSI) and for 10 CFR Part 71 Transportation Packagings.
IP 71801 - Decommissioning Implementation and Status
Status of Decommissioning (IP Section 03.01)
The inspectors attended select management meetings, including station oversight committee and management review committee meetings.
The inspectors performed plant walk-downs of the following locations to assess field conditions and decommissioning activities:
1) Reactor Building 2) New Radwaste Building 3) Turbine Building 4) Radiological Controlled Area Storage Yard
Implementation of Regulatory and Licensing Requirements (IP Section 03.02)
The inspectors reviewed the following licensing basis documents and regulatory required documents:
1) CD-020 Decommissioning Quality Assurance Program, Revision 3 2) Defueled Safety Analysis Report, Revision 2 Problem Identification and Resolution (IP Section 03.02b)
The inspectors reviewed a sample of condition reports initiated between July 1, 2025, through December 31, 2025.
IP 83750 - Decommissioning Occupational Radiation Control
Radiological Work Planning and Execution (IP Section 03.01)
The inspectors reviewed radiation work permits (RWPs) and as low as reasonably achievable (ALARA) work plans and observed radiation protection (RP) activities associated with the following:
1) New Radwaste Building concrete scabbling and interior demolition 2) New Radwaste Building open air demolition 3) Vessel segmentation - Bellows cutting
Occupational Radiation Exposure Topical Areas (IP Section 03.02)
Dosimetry (IP Section 03.02a)
The inspectors verified the 2025 National Voluntary Laboratory Accreditation Program certification.
Airborne and Respiratory Protection (IP Section 03.02b)
The inspectors observed the following activities for contamination control:
1) Workers exiting of the radiologically controlled area (RCA) for the reactor building.
2) Walk-downs and observations of continuous air monitors and grab samplers located in:
- Reactor Building 23 elevation, AMS-4, S/N: 02759 on September 23, 2025
- Reactor Building 119 refuel floor, AMS-4, S/N: 02637 on September 10, 2025
Source Term Characterization
The inspectors reviewed the following source term characterization to ensure the licensee was using appropriate instruments commensurate with the characterized radiation types and energies:
1) Unit 3 Spent Fuel Pool Racks Dry Active Waste 2) Unit 2 Segmentation TN Filters 3) Unit 1 Primary system Components Decayed
IP 84750 - Decommissioning Radioactive Waste Treatment, and Effluent and Environmental Monitoring Changes in the Offsite Dose Calculations Manual (ODCM), Process Control Program (PCP) and Radwaste System Design and Operation (IP Section 03.01)
The inspectors reviewed the sites ODCM (current to Revision 14), PCP (current to Revision 12)and DSAR (current to Revision 2) for changes, and determined whether changes were technically justified and incorporated into program documents and site procedures.
Annual Effluent and Environmental Reports (IP Section 03.02)
The inspectors verified the annual Radiological Effluent Release Report and Radiological Environmental Operating Report were submitted as required and reported doses are below regulatory requirements.
Implementation of the Radiological, Effluent, and Groundwater Protection Initiative Programs (IP Section 03.03)
Radioactive Gaseous and Liquid Effluent Treatment (IP Section 03.03a)
The inspectors performed walk-downs of the sites liquid waste processing skid and stack air monitoring sampling system on September 24, 2025.
The inspectors reviewed the following liquid waste discharge permits:
1) OCR-25-2 2) OCR-25-5 3) OCR-25-9
Radiological Environmental Monitoring Program (IP Section 03.03b)
The inspectors conducted walk-downs of the following thermoluminescent dosimeter monitoring stations to ensure they were located as stated in the ODCM and to determine adequate material condition on September 23, 2025:
1) 64 - NE of site, on Route 9 North at entrance to Finninger Farm, Forked River, NJ 2) 66 - SE of site, east of Route 9 and south of the OCGS Discharge Canal, inside fence, Waretown, NJ 3) 51 - North of site, on the access road to Forked River site, Forked River, NJ 4) 52 - NNW of site, on the access road to Forked River site, Forked River, NJ 5) 55A - West of site, on Southern Area Stores access road, north side of road, west of OCGS Switchyard, Forked River, NJ
The inspectors conducted walk-downs of the following air sampling stations to determine they were located as stated in the ODCM and to determine adequate material condition on 09/23/2025:
1) 66 - SE of site, east of Route 9 and south of the OCGS Discharge Canal, inside fence, Waretown, NJ 2) 111 - ENE of site, Finninger Farm property along access road, Lacey Township, NJ The inspectors observed surface water samples on September 23, 2025 of the following locations:
1) 33 - ENE of site, Finninger Farm property along access road, Lacey Township, NJ 2) 94 - SSW of site, in Great Bay/Little Egg Harbor
Groundwater Protection Initiative (GPI)
The inspectors reviewed the HDIs groundwater protection program and performed walk-downs of the following on-site groundwater monitoring wells to ensure adequate material condition:
1) 2 2) 4 3) 56I 4) 14 5) 21
IP 86750 - Decommissioning Solid Radioactive Waste Management, Demolition and Transportation of Radioactive Materials
Transportation of Radioactive Materials (IP Section 03.02)
The inspectors reviewed the shipping manifests for the following radioactive waste shipments:
1) OC-25-0217 2) OC-25-1074 3) OC-25-0209
Demolition and Disposition of Radiologically Impacted Structures (IP Section 03.03)
The inspectors observed open air demolition on the New Radwaste Building and assessed the methods the licensee used to control the spread radioactive material on December 10, 2025.
IP 60855 - Operation of an Independent Spent Fuel Storage Installation
The inspector conducted a periodic in-office follow-up that focused on the review of the general licensees (GLs) implementation of the 10 CFR 72.48 process and associated corrective actions related to ISFSI activities. The review included:
1) 72.48 Evaluations and Screenings: Reviewed the GLs 72.48 process and associated evaluation associated with the adoption of the continuous basket shim (CBS) variant 2) Corrective Action Program (CAP): Reviewed condition reports related to the design change of the CBS variant
INSPECTION RESULTS
Enforcement Discretion Enforcement Action EAF-NMSS-2025-0224:
Noncompliance Related to a General Licensees Use of Non-Qualified Spent Fuel Casks (IEP 9.4)60855
Description:
Holtec International (also referred to as the CoC [Certificate of Compliance]
Holder) implemented a design change to its multi-purpose canister (MPC) fuel basket, known as the CBS variant, which altered the structural configuration from welded to bolted shims.
This change resulted in a departure from the method of evaluation (MOE) described in the final safety analysis report (FSAR) used to establish the design basis for tip-over events.
Holtec did not fully evaluate the cumulative impact of the MOE changes or apply them consistently with the licensing basis. As a result, the NRC issued three Severity Level IV violations to Holtec for noncompliance with 10 CFR 72.48 requirements (see U.S. Nuclear Regulatory Commission Inspection Report 07201014/2022-201, Holtec International, Agencywide Documents Access and Management System [ADAMS] Accession No.
ML23145A175 and Holtec International, Inc. - Notice of Violation; The U.S. Nuclear Regulatory Commission Inspection Report No. 07201014/2202-201, ADAMS Accession No.
When the GL chooses to adopt a change the CoC holder made pursuant to a CoC holders change authority under 10 CFR 72.48 (referred to herein as a CoC holder-generated change), the GL must perform a separate review using the requirements of 10 CFR 72.48(c).
Accordingly, when the GL chooses to adopt a CoC holder-generated change, and that change results in a non-conforming cask, there is a violation of 10 CFR 72.48 and certain provisions of 10 CFR 72.212 by the GL, in addition to a CoC holder violation of 10 CFR 72.48.
As it relates to the adoption of the CBS variant casks, the GL failed to recognize the noncompliance with 10 CFR 72.48 requirements made by the CoC holders design change and subsequently loaded the CBS variant casks.
Corrective Actions: The GL entered this into its CAP with actions to restore compliance with the 10 CFR 72.212 provisions that require each cask to conform to the terms, conditions, and specifications of a CoC or an amended CoC listed in 72.214.
Corrective Action References: IR# OYS-3754, OCNGS 10 CFR 72.212 Evaluation Report Rev. 2, 72.48-1446 Rev. 3.
Enforcement:
Significance/Severity: This violation was dispositioned in accordance with Section 9.4, Enforcement Discretion for General Licensee Adoption of CoC Holder-Generated Changes Under 10 CFR 72.48, of the NRCs Enforcement Policy.
Specifically, as stated in the Policy, the NRC will exercise enforcement discretion and not issue an enforcement action to a General Licensee, for a noncompliance with the requirements of paragraphs (c)(1) and
- (2) and (d)(1) of 10 CFR 72.48 and with provisions of 10 CFR 72.212 that require GLs to ensure use of casks that conform to the terms, conditions and specifications of a CoC listed in 10 CFR 72.214, when the noncompliance results from a CoC holders failure to comply with 10 CFR 72.48 for a CoC holder-generated change.
Violation: Title 10 CFR 72.48 (c)(1) requires, in part, that a licensee or certificate holder may make changes in the facility or spent fuel storage cask design as described in the FSAR (as updated), without obtaining:
- (c) The change, test, or experiment does not meet any of the criteria in paragraph (c)(2) of this section.
Title 10 CFR 72.48(c)(2) requires, in part, that a general licensee shall request that the certificate holder obtain a CoC amendment, prior to implementing a proposed change, if the change would: (viii) Result in a departure from an MOE described in the FSAR used in establishing the design bases or in the safety analyses.
Title 10 CFR 72.48(d)(1) requires, in part, that the licensee shall have a written evaluation which provides the bases for the determination that the change does not require a CoC amendment pursuant to 72.48(c)(2).
Title 10 CFR 72.212(b)(3) requires, in part, a general licensee must ensure that each cask used by the general licensee conforms to the terms, conditions, and specifications of a CoC or an amended CoC listed in 72.214.
Contrary to the above, in December 2020, the licensee loaded the first CBS design variant and failed to maintain records of changes in the spent fuel storage cask design made pursuant to 72.48(c) that include a written evaluation which provided the bases for the determination that the change did not require a CoC amendment. The licensee failed to request that the certificate holder obtain a CoC amendment, prior to implementing a proposed change, if the change would: (viii) result in a departure from an MOE described in the FSAR used in establishing the design bases or in the safety analyses. Further, the licensee failed to ensure each cask conformed to the terms, conditions, and specifications of a CoC or amended CoC listed in 72.214.
Basis for Discretion: When a general licensee chooses to adopt a CoC holder-generated change, and that change results in a non-conforming cask, there is a violation of 10 CFR 72.48 and certain provisions of 10 CFR 72.212 by the GL, in addition to a CoC holder violation of 10 CFR 72.48. And, when a general licensee chooses to adopt a CoC holder-generated change without performing a separate 10 CFR 72.48 analysis, the general licensee is in violation of 10 CFR 72.48. These requirements could lead to enforcement actions being issued against both the general licensees 10 CFR 72.48 program (as well as certain 10 CFR 72.212 violations) and the CoC holders 10 CFR 72.48 program for changes that originated with the CoC holder. The NRC has concluded that this enforcement approach would be inconsistent with efficiency, which is one of the NRCs Principles of Good Regulation, and NRCs mission of efficient and reliable oversight.
Since this violation meets the conditions of the NRCs Enforcement Policy Section 9.4, Enforcement Discretion for General Licensee Adoption of Certificate of Compliance Holder-Generated Changes under 10 CFR 72.48 (ML25224A097), and the licensee has entered the noncompliance into the CAP, the NRC is exercising enforcement discretion by not issuing an enforcement action for this violation.
EXIT MEETING
On January 8, 2026, the inspectors presented the inspection results to Jeffrey Dostal, Site Vice President, and other members of the Oyster Creek organization. No proprietary information was retained by the inspectors or documented in this report.
DOCUMENTS REVIEWED
OSRP:00-04, Special Form Character of MRC-N-SS-W-AmBe Sealed Sources Letter US DOT
Certificate USA/0043/S-96, Revision 15