ML21202A231
| ML21202A231 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 07/28/2021 |
| From: | Blake Welling Division of Nuclear Materials Safety I |
| To: | Cowan P Holtec Decommissioning International |
| References | |
| EA-21-093, IR 2021403 | |
| Download: ML21202A231 (5) | |
See also: IR 05000219/2021403
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
P. Cowan
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION I
2100 RENAISSANCE BOULEVARD, SUITE 100
KING OF PRUSSIA, PA 19406-2713
July 28, 2021
Ms. Pamela B. Cowan
Senior Vice President
and Chief Operating Officer
Holtec Decommissioning International, LLC
1 Holtec Blvd., Krishna P. Singh Technology Campus
Camden, NJ 08104
SUBJECT:
HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, OYSTER CREEK
NUCLEAR GENERATING STATION - DISCRETIONARY SECURITY
DECOMMISSIONING INSPECTION REPORT NO. 05000219/2021403
Dear Ms. Cowan:
This letter refers to the discretionary inspection conducted by the U.S. Nuclear Regulatory
Commission (NRC) at Holtec Decommissioning International, LLCs (HDIs) Oyster Creek
Nuclear Generating Station (Oyster Creek) on May 17 - 20, 2021, and June 10 - 17, 2021, with
continued in-office review through July 15, 2021. This inspection examined activities related to
the physical protection program to ensure it was designed and implemented in a manner that
protects against the design basis threat (DBT) of radiological sabotage. On July 15, 2021, the
inspectors presented the inspection results to Mr. J. Scott Thomson, Chief Operating Officer,
Holtec Security International, and other members of the staff.
Based on the results of this inspection, apparent violations (AVs) were identified and some are
being considered for escalated enforcement action, including a civil penalty, in accordance with
the NRC Enforcement Policy. The current Enforcement Policy is available on the NRCs Web
site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
Enclosure Contains Sensitive Unclassified Non-Safeguards
Information. When separated from enclosure,
this transmittal document is decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
P. Cowan
2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
The enclosed inspection report provides a description of the AVs. Note that the NRC does not
discuss the number of security-related apparent violations that are potentially characterized
above Severity Level IV. In addition, please be advised that the number and characterization of
AVs described in the enclosed inspection report may change as a result of further NRC review.
You will be advised by separate correspondence of the results of our deliberations on this
matter.
Before the NRC makes its enforcement decision, we request that you provide information in
writing regarding HDIs corrective actions. The written response should include: (1) the reason
for the AVs or, if contested, the basis for disputing the AVs; (2) the corrective steps that have
been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date
when full compliance will be achieved. You should be aware that the promptness and
comprehensiveness of your actions will be considered in assessing any civil penalty for the AVs.
The guidance in NRC Information Notice 96-28, "Suggested Guidance Relating to Development
and Implementation of Corrective Action," at
https://www.nrc.gov/docs/ML0612/ML061240509.pdf, may be helpful.
The written response should be sent to the NRC within 30 days of the date of this letter. Your
response may reference or include previously docketed correspondence, if the correspondence
adequately addresses the required response. You should clearly mark the response as a
Response to Apparent Violations in NRC Report No. 05000219/2021403; EA-21-093, and
send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk,
Washington, DC 20555-0001 with a copy to the Regional Administrator, NRC Region I, 2100
Renaissance Boulevard, Suite 100, King of Prussia, PA 19406. If an adequate response is not
received within the time specified or an extension of time has not been granted by the NRC, the
NRC will proceed with its enforcement decision or schedule a pre-decisional enforcement
conference (PEC).
In lieu of providing a written response, you may choose to provide your perspective on this
matter, including the significance, cause, and corrective actions, as well as any other
information that you believe the NRC should take into consideration by: (1) requesting a PEC to
meet with the NRC and provide your views in person or (2) requesting Alternative Dispute
Resolution (ADR) mediation.
If you choose to request a PEC, the meeting should be held within 30 days of the date of this
letter. The conference will include an opportunity for you to provide your perspective on these
matters and any other information that you believe the NRC should take into consideration
before making an enforcement decision. The topics discussed during the PEC may include
information to determine whether a violation occurred, information to determine the significance
of a violation, information related to the identification of a violation, and information related to
any corrective actions taken or planned.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
P. Cowan
3
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
In lieu of a PEC, you may also request ADR with the NRC in an attempt to resolve this issue.
ADR is a general term encompassing various techniques for resolving conflicts using a neutral
third party. The technique that the NRC has decided to employ is mediation; a voluntary,
informal process in which a trained neutral mediator works with parties to help them reach
resolution. If the parties agree to use ADR, they select a mutually agreeable neutral mediator
who has no stake in the outcome and no power to make decisions. Mediation gives parties an
opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement,
and reach a final resolution of the issues. Additional information concerning the NRC ADR
program can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The
Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC
program as a neutral third party. Please contact ICR at 877-733-9415 within 10 days of the
date of this letter if you are interested in pursuing resolution of this issue through ADR. The
ADR mediation session should be held within 45 days of the date of this letter.
The PEC or the ADR would be closed to public observation because they would involve security
related information. However, the time and date of the PEC or ADR will be publicly announced.
Please contact Fred Bower, Chief, Security, Emergency Preparedness, and Incident Response
Branch, NRC Region I, at 610-337-5200 or Fred.Bower@nrc.gov within 10 days of the date of
this letter to notify the NRC which of the above options you choose.
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public
Inspections, Exemptions, Requests for Withholding, of the NRC's "Rules of Practice," a copy of
this letter will be available electronically for public inspection in the NRCs Public
Document Room or from the Publicly Available Records (PARS) component of the NRC
Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic
Reading Room).
However, the material enclosed herewith contains Security-Related Information in accordance
with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security
vulnerability. Therefore, the material in the enclosure will not be made available electronically
for public inspection in the NRC Public Document Room or from NRC's ADAMS. If you choose
to provide a response and Security-Related Information is necessary to provide an acceptable
response, please mark your entire response Security-Related Information-Withhold from public
disclosure under 10 CFR 2.390 in accordance with 10 CFR 2.390(d)(1) and follow the
instructions for withholding in 10 CFR 2.390(b)(1). In accordance with 10 CFR 2.390(b)(1)(ii),
the NRC is waiving the affidavit requirements for your response.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
P. Cowan
4
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Please contact Kenneth Hussar at 610-337-5084 if you have any questions regarding this
matter.
Sincerely,
Blake Welling, Director
Division of Radiological Safety and Security
Docket No: 50-219
License No: DPR-16
Enclosure:
Inspection Report No. 05000219/2021403
cc w/encl (via BOX):
J. Dwyer, Manager, Nuclear Security
P. Baldauf, Assistant Commissioner, Air Quality, Energy and Sustainability
Blake D.
Welling
Digitally signed by
Blake D. Welling
Date: 2021.07.28
09:23:51 -04'00'
ML21202A231 (Cover letter w/o enclosure) (Publicly Available)
OFFICE
RI/DRSS
RI/DRSS
RI/DRSS
RI/OE
RI/DRSS
RI/DRSS
NAME
- KHussar/kh
- JRey/jr
- ADimitriadis/ad
- CCrisden/cc
FBower/fb
BWelling/bw
DATE
7/21/2021
7/21/2021
07/20/2021
7/21/2021
7/21/2021
7/28/2021
- concurrence via e-mail