ML21230A290
| ML21230A290 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 09/02/2021 |
| From: | John Lubinski Office of Nuclear Material Safety and Safeguards |
| To: | Lochbaum D Pilgrim Anti Nuclear Action/Cape Cod |
| C Jacobs NRC/NMSS/DFM/STLB 3014156825 | |
| Shared Package | |
| ML21230A289 | List: |
| References | |
| Download: ML21230A290 (2) | |
See also: IR 05000293/2020002
Text
Enclosure
Question Set from David Lochbaum
Aug 5, 2021, letter from David Lochbaum
(ADAMS Accession No. ML21230A248)
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Compliance No. 72-1014 instead of using an obsolete, outdated and superseded
amendment as their Answer Key?
U.S. Nuclear Regulatory Commission (NRC) Response: The NRC inspectors inspected
against Certificate of Compliance (CoC) No. 1014, Amendment No. 12, which is the
approved CoC that was used to load the spent fuel into the storage casks at Pilgrim
Nuclear Power Station. Holtec Decommissioning International, LLC (HDI) can use any
approved storage cask listed under Part 72 of Title 10 of the Code of Federal
Regulations (10 CFR) Section 214. Holtec Decommissioning International, LLC is not
required to use the latest approved amendment in 10 CFR 72.214 (e.g., HDI is not
required to use Amendment No. 14 instead of Amendment No. 12). Each of the
amendments to CoCs are stand-alone and are not superseded by future amendments
(unless explicitly stated in 10 CFR 72.214). For example, when a CoC is renewed, the
renewed CoC supersedes the previously approved CoC and associated amendments. If
a CoC has been superseded, the word supersedes appears in the regulations with the
associated CoC in 10 CFR 72.214. At the time of the subject inspection, CoC No. 1014,
Amendment No. 12 had not been renewed, and therefore, it had not been superseded.
In addition, according to 10 CFR 72.240(b), When the applicant has submitted a timely
application for renewal, the existing CoC will not expire until the application for renewal
has been determined by the NRC. In this case, the CoC holder (Holtec International)
submitted a renewal application for CoC No. 1014 on January 31, 2020. Because the
applicant has submitted the request not less than 30 days before the expiration date of
the CoC, the applicant is considered to have submitted the request in timely renewal.
Therefore, CoC No. 1014, Amendment No. 12 is not expired for use by HDI, nor has it
become outdated or obsolete for use by HDI until NRC has made a determination on the
renewal itself.
2.
Why did the NRC inspectors verify compliance with terms and conditions of an expired
certificate of compliance?
The NRC Response: As stated in the response to Question #1, CoC No. 1014,
Amendment No. 12 is in timely renewal. Therefore, HDI can continue to use the
amendment until NRC has made a determination on the renewal application. The NRC
inspectors inspected against the approved CoC amendment that was used to load the
storage casks.
2
3.
How can an expired Certificate of Compliance be legally amended?
The NRC Response: Per 10 CFR 72.240(a), The certificate holder may apply for
renewal of the design of a spent fuel storage cask for a term not to exceed 40 years. In
this case, the CoC holder submitted a renewal application package for CoC No. 1014.
The regulations do not require a CoC to be amended for the NRC to make a
determination on a renewal application. The CoC can legally be renewed if the
renewal application meets the Conditions for spent fuel storage cask renewal under 10
CFR 72.240. Per 10 CFR 72.240(b), the renewal application must be submitted not less
than 30 days before the expiration of the CoC. The CoC holder satisfied this condition,
and therefore is considered to be in timely renewal while staff conducts their review of
the renewal application.
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 Response: As stated in response to Question #1, CoC No. 1014, Amendment
No. 12, is not expired. Per 10 CFR 72.240(a), the certificate holder, any licensee using
a spent fuel storage cask, a representative of such licensee, or another certificate holder
may apply for a renewal of that cask design for a term not to exceed 40 years. The CoC
holder submitted the renewal application for CoC No. 1014, Amendment No. 12 in timely
renewal as stated previously.