ML21230A248
| ML21230A248 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim, Holtec |
| Issue date: | 08/05/2021 |
| From: | Lochbaum D - No Known Affiliation |
| To: | John Lubinski Office of Nuclear Material Safety and Safeguards |
| C Jacobs NMSS/DFM/STLB 301-415-6825 | |
| Shared Package | |
| ML21230A248 | List: |
| References | |
| Download: ML21230A248 (5) | |
Text
August 5, 2021 John W. Lubinski Director Office 0f Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 NRC Inspection Report No. 05000293/2020002 & 2020003, Holtec
SUBJECT:
Decommissioning International, LLC, Pilgrim Nuclear Power Station, Plymouth Massachusetts (ML20335A009)
Dear Director Lubinski:
At the request of Diane Turco, Director of the Cape Downwinders, I reviewed the subject U.S. Nuclear Regulatory Commission (NRC) inspection report dated November 30, 2020. Page i of the enclosure to the transmittal letter stated that the inspections took place between April 21, 2020, and September 30, 2020.
Section 3.1.a of the enclosure described the remote inspection performed to determine whether a dry-run of a transfer of irradiated fuel into multi-purpose canisters met the requirements of Certificate of Compliance (CoC) 72-1014, Amendment 12. More specifically:
On May 11-24, 2020, the inspectors performed a remote inspection (via teleconference and video-feed) of pre-operational dry-run activities that were performed in order to demonstrate proficiency in the implementation of a licensee procedure associated with drying multi-purpose canisters (MPC). This is a new procedure that incorporates the licensees transition from vacuum drying to the use of a Forced Helium Dehydration System (FHD) for the MPC. This procedure implements Engineering Change Order No. 5014-295 and outlines performance of a reverse flow operation to reduce time required to meet the requirements of Certificate of Compliance (CoC) 72-1014, Amendment 12. In this change, the gas stream enters through the MPC drain access port and exits through the MPC vent access port. [boldfacing added for emphasis]
Section 3.2.a of the enclosure stated The inspectors reviewed several major updates to the dry storage efforts, examined the HI-STORM 100 certificate of compliance No. 72-1014 (Amendment 12).
Section 3.3.b of the enclosure reported that the inspectors verified that Pilgrim was in compliance with CoC 1014, Appendix A, Technical Specifications, and Appendix B, Approved Contents and Design Features and complied with all applicable terms, conditions and specifications in Amendment 7 and/or 12 of HI-STORM CoC.
The NRC issued Amendment 12 to Certificate of Compliance No. 1014 on January 29, 2019 (ML18335A369). Appendix A to Amendment 12 contained the Technical Specifications for the HI-STORM 100 Cask System. Appendix A is 51 pages in length. Appendix B to Amendment 12 contained the Approved Contents and Design Features for the HI-STORM 100 Cask System. Appendix B is 100 pages in length.
The NRC issued Amendment 14 to Certificate of Compliance No. 1014 on November 26, 2019 (ML19295C567). Appendix A to Amendment 14 contained the Technical Specifications for the HI-STORM 100 Cask System. Appendix A is 51 pages in length. Appendix B to Amendment 14 contained the Approved Contents and Design Features for the HI-STORM 100 Cask System. Appendix B is 103 pages in length.
Amendment 14 was the last amendment issued by the NRC to Certificate of Compliance No. 1014 prior to the April to September period of the subject NRC inspection.
Below are pages i extracted from Appendix B of Amendments 12 and 14 to Certificate of Compliance No. 1014. Section 3.6 covered the Forced Helium Dehydration System. The vertical bars on the right edge of these pages indicate text revised by that Amendment. Note that the Forced Helium Dehydration System was neither added or altered by either Amendment 12 or Amendment 14 - it was included in an earlier amendment.
QUESTION 1: WHY DIDNT THE NRC INSPECTORS VERIFY COMPLIANCE WITH AMENDMENT 14 TO CERTIFICATE OF COMPLIANCE NO. 72-1014 INSTEAD OF USING AN OBSOLETE, OUTDATED, AND SUPERCEDED AMENDMENT AS THEIR ANSWER KEY?
While the Forced Helium Dehyrdation System was not revised by Amendments 13 or 14 to CoC 1014, it could have been changed. The NRC inspectors should have ensured their answer key was still applicable, but the subject inspection report does not list Amendments 13 or 14 in the four pages of documents reviewed during the inspection that begins on page 8 of the enclosure.
QUESTION 2: WHY DID THE NRC INSPECTORS VERIFY COMPLIANCE WITH TERMS AND CONDITIONS OF AN EXPIRED CERTIFICATE OF COMPLIANCE?
August 5, 2021 Page 2
According to NRC Form 651, Amendment 12 to Certificate of Compliance 1014 had an effective date of February 25, 2019. This CoC was issued on May 31, 2000, with an expiration date of May 31, 2020 -
during the period of the subject NRC inspection and prior to the issuance of the inspection report.
According to NRC Form 651, Amendment 14 to Certificate of Compliance 1014 had an effective date of December 17, 2019. This CoC was issued on May 31, 2000, with an expiration date of May 31, 2020 -
during the period of the subject NRC inspection and prior to the issuance of the inspection report.
The NRC issued Amendment 15 to Certificate of Compliance No. 1014 on May 13, 2021 (ML21118A862).
August 5, 2021 Page 3
According to NRC Form 651, Amendment 15 to Certificate of Compliance 1014 had an effective date of June 14, 2021. This CoC was issued on May 31, 2000, and expired on May 31, 2020 - during the period of the subject NRC inspection.
QUESTION 3: HOW CAN AN EXPIRED CERTIFICATE OF COMPLIANCE BE LEGALLY AMENDED?
Holtec International applied to the NRC on January 31, 2020, for renewal of Certification of Compliance 1014 (ML20049A081). On August 17, 2020 during the period of the subject inspection the NRC sent a request for additional information needed by the NRC staff to complete its review of the CoC renewal application (ML20231A290). Best I can tell, the NRC has not yet renewed the term of CoC 1014.
According to records publicly available in ADAMS, the following reactors have submitted registration to load use dry casks since May 31, 2020, citing Docket No. 72-1014 and presumably relying on the expired CoC 1014:
Reactor(s) Date ADAMS ML umber Dresden Units 1, 2, and 3 06/01/2020 ML2016A167 Pilgrim 06/25/2020 ML20177A556 Quad Cities Units 1 and 2 06/30/2020 ML20182A657 Pilgrim 07/16/2020 ML20198M649 Hope Creek 08/06/2020 ML20219A451 Pilgrim 08/17/2020 ML20230A209 Perry 08/27/2020 ML20240A229 Quad Cities Units 1 and 2 09/08/2020 ML20252A122 Hope Creek 09/08/2020 ML20252A143 Perry 09/14/2020 ML20260H008 Braidwood Units 1 and 2 09/23/2020 ML20267A283 Arkansas Nuclear One Units 1 and 2 10/05/2020 ML20279A527 Braidwood Units 1 and 2 10/21/2020 ML20295A325 Ginna 11/02/2020 ML20307A623 Byron Units 1 and 2 03/25/2021 ML21084A092 Comanche Peak Units 1 and 2 04/07/2021 ML21097A174 August 5, 2021 Page 4
Byron Units 1 and 2 04/15/2021 ML21105A056 Indian Point Unit 3 04/19/2021 ML21132A115 Indian Point Unit 3 04/20/2021 ML21140A274 Comanche Peak Units 1 and 2 04/28/2021 ML21116A570 Hatch Units 1 and 2 05/27/2021 ML21147A106 Hatch Units 1 and 2 06/24/2021 ML21176A138 LaSalle Units 1 and 2 07/14/2021 ML21195A099 Vogtle Units 1 and 2 07/16/2021 ML21197A188 QUESTION 4: ONE IS NOT SUPPOSED TO OPERATE A MOTOR-VEHICLE USING AN EXPIRED DRIVERS LICENSE. ONE IS NOT SUPPOSED TO CONSTRUCT A FACILITY USING AN EXPIRED BUILDING PERMIT. HOW CAN THE NRC LEGALLY, ETHICALLY AND MORALLY ALLOW HIGH LEVEL WASTE TO BE LOADED INTO DRY CASKS USING AN EXPIRED CERTIFICATE OF COMPLIANCE?
The NRC issued Certificate of Compliance 1014 to Holtec in May 2000 with an expiration date two decades into the future. Holtec waited until 121 days before its expiration to apply to the NRC for renewal of CoC 1014. Nothing barred Holtec from submitting its renewal application to the NRC sooner so as to provide ample time for the NRCs review and approval. Holtec should not be permitted to benefit commercially by selling and loading its dry casks using a Certificate of Compliance that lapsed due to its laxness in submitting a timely renewal application.
I would appreciate written answers to my four questions.
Sincerely, David Lochbaum 865 Traditions Drive Chattanooga, TN 37415 August 5, 2021 Page 5