ML24046A124

– NRC Inspection Report 05000219/2023003

ML24046A124
Person / Time
Site:	Oyster Creek
Issue date:	02/29/2024
From:	Anthony Dimitriadis Holtec Decommissioning International
To:	Trice K Holtec Decommissioning International
References
EA-2024-024 IR 2023003
Download: ML24046A124 (1)

Text

K. TriceK. Trice

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD, SUITE 102 KING OF PRUSSIA, PA 19406-1415

February 29, 2024

EA-2024-024

Kelly Trice President Holtec Decommissioning International, LLC Krishna P. Singh Technology Campus 1 Holtec Boulevard Camden, NJ 08104

SUBJECT:

HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, OYSTER CREEK NUCLEAR GENERATING STATION - NRC INSPECTION REPORT NO.

05000219/2023003 AND NOTICE OF VIOLATION

Dear Kelly Trice:

On December 31, 2023, the U.S. Nuclear Regulatory Commission (NRC) completed an i n s p e c t i o n under Inspection Manual Chapter 2561, Decommissioning Power Reactor Inspection Program, at the permanently shut down Oyster Creek Nuclear Generating Station (Oyster Creek). The inspection examined activities conducted under your license as they relate to safety and compliance with the Commissions rules and regulations and the conditions of your license. The inspection consisted of observations by the inspectors, interviews with site personnel, a review of procedures and records, and plant walk-downs. The results of this inspection were discussed with Jeffrey Dostal, Site Vice President, and other members of your staff on January 25, 2024, and are described in the enclosed report.

Based on the results of this inspection, the NRC has determined that one Severity Level IV violation of NRC requirements occurred. The violation was evaluated in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at (https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html). The violation is cited in the enclosed Notice of Violation (NOV) and the circumstances surrounding it are described in detail in the subject inspection report. The violation involved Holtecs failure to establish proper oversight and controls to ensure that expenditures from the decommissioning trust fund (DTF) at Oyster Creek were only used for legitimate decommissioning purposes as required by 10 CFR 50.82. The violation is being cited in the Notice because the NRC determined that the necessary corrective actions are complex and will likely require a review and independent assessment by multiple NRC Offices. Therefore, the NRC is issuing a NOV and is requiring a response from Holtec Decommissioning International, LLC (HDI) that describes your actions to ensure that future expenditures from the DTF will meet the requirements of 10 CFR 50.82. In addition, as part of your corrective actions, you are required to describe the actions and timeline to restore the funds that were improperly removed from the DTF.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. If you have additional information that you K. Trice 2

believe the NRC should consider, you may provide it in your response to the Notice. The NRC review of your response to the Notice will also determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosure, and your response, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Document Access and Management System (ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

Current NRC regulations and guidance are included on the NRCs website at www.nrc.gov; select Radioactive Waste; Decommissioning of Nuclear Facilities; then Regulations, Guidance and Communications. The current Enforcement Policy is included on the NRCs website at www.nrc.gov; select About NRC, Organizations & Functions; Office of Enforcement; Enforcement documents; then Enforcement Policy (Under Related Information). You may also obtain these documents by contacting the Government Printing Office (GPO) toll-free at 1 866 512 1800. The GPO is open from 8:00 a.m. to 5:30 p.m. EST, Monday through Friday (except Federal holidays).

Please contact Andrew Taverna of my staff at 610-337-5119 if you have any questions regarding this matter.

Sincerely, Anthony M. Digitally signed by Anthony M. Dimitriadis Dimitriadis Date: 2024.02.29 10:30:31 -05'00'

Anthony Dimitriadis, Chief Decommissioning, ISFSI, and Reactor Health Physics Branch Division of Radiological Safety and Security

Docket No: 05000219 License No: DPR-16

Enclosure:

Notice of Violation Inspection Report 05000219/2023003 w/Attachment

cc w/encl: Distribution via ListServ K. Trice 3

SUBJECT:

HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, OYSTER CREEK NUCLEAR GENERATING STATION - NRC INSPECTION REPORT NO.

05000219/2023003 AND NOTICE OF VIOLATION DATED FEBRUARY 29, 2024

Distribution:

A. Taverna, DRSS A. Dimitriadis, DRSS P. Krohn, DRSS J. Zimmerman, DRSS R. Ragland, DRSS S. Scott, DRSS D. Bradley, OE M. Burgess, NMSS E. Love, NMSS C. Crisden, ORA J. Nick, ORA N. Sheehan, OPA D. Screnci, OPA M. Hoskins, OCA

DOCUMENT NAME: https://usnrc.sharepoint.com/teams/Region-I-Decommissioning-Branch/Inspection Reports/Inspection Reports - Draft/OC_3Q4Q2023_Report-Draft.docx SUNSI Review Complete: A. Taverna ADAMS ACCESSION NO. ML24046A124 After declaring this document An Official Agency Record it will be released to the Public.

OFFICE DRSS/RI EAGL/RI OE DRSS/RI NAME ATaverna CCrisden/CJC DBradley/DB ADimitriadis/ad DATE 02/22/2024 02/28/2024 02/28/2024 02/29/2024 Official Record Copy NOTICE OF VIOLATION

Holtec Decommissioning International 'RFNHW1R. 05000219 Oyster Creek Nuclear Generating Station License No. DPR-16 EA-2024-024

During an NRC inspection conducted between July 1, 2023, and December 31, 2023, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:

10 CFR 50.82(a)(8)(i) states, in part, decommissioning trust funds may be used by licensees if the withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in § 50.2.

10 CFR 50.2 defines decommissioning as removing a facility or site safely from service and reducing residual radioactivity to a level that permits (1) Release of the property for unrestricted use and termination of the license; or (2) Release of the property under restricted conditions and termination of the license.

Contrary to the above, from March 2020 through June 2023, Holtec Decommissioning International (HDI) used the Oyster Creek Nuclear Generating Stations (Oyster Creek) decommissioning trust fund for expenses that were not legitimate decommissioning activities. Specifically, HDI used funds to support community outreach activities that were not related to removing the facility or site safely from service and reducing residual activity to a level that permits release of the property for either unrestricted or restricted conditions and termination of the license.

This is a Severity Level IV violation (NRC Enforcement Policy Section 6.3).

Pursuant to the provisions of 10 CFR 2.201, HDI is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy to the Regional Administrator, Region I, 475 Allendale Road, Suite 102, King of Prussia, PA 19406-1415, and a copy to the Chief of the Decommissioning, ISFSI and Reactor Health Physics Branch, Region I within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a Reply to a Notice of Violation; EA-2024-024 and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level; (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. Your response may reference or include previous docketed correspondence if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued requiring information as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

Enclosure If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g.,

explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days of receipt.

Dated this 29 day of February 2024

2 U.S. NUCLEAR REGULATORY COMMISSION REGION I

INSPECTION REPORT

Inspection Report No. 05000219/2023003

Docket No. 05000219

License No. DPR-16

Licensee: Holtec Decommissioning International, LLC (HDI)

Facility: Oyster Creek Nuclear Generating Station

Location: Forked River, New Jersey

Inspection Period: July 1, 2023, to December 31, 2023

Inspectors: A. Taverna, Health Physicist Decommissioning, ISFSI, and Reactor Health Physics Branch Division of Radiological Safety and Security

G. Eklund, Health Physicist (In Training)

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

R. Ragland, Senior Health Physicist Commercial, Industrial, R&D & Academic Branch Division of Radiological Safety and Security

S. Scott, Health Physicist (In Training)

Commercial, Industrial, R&D & Academic Branch Division of Radiological Safety and Security

Approved by: Anthony Dimitriadis, Chief Decommissioning, ISFSI and Reactor Health Physics Branch Division of Radiological Safety and Security

3 EXECUTIVE

SUMMARY

Holtec Decommissioning International, LLC Oyster Creek Nuclear Generating Station NRC Inspection Report No. 05000219/2023003

A routine announced decommissioning inspection was completed at the permanently shut down Oyster Creek Nuclear Generating Station (Oyster Creek) on December 31, 2023. A combination of on-site and remote inspection activities was performed over the inspection period. On-site inspection activities were conducted on September 18-21, September 25-27, and October 16-19, 2023. The inspection included a review of problem identification and resolution at permanently shut down reactors; decommissioning performance and status reviews; occupational radiation exposure; radioactive waste treatment and effluent and environmental monitoring; and solid radioactive waste management and transportation of radioactive materials. The inspection consisted of observations by the inspectors, interviews with site personnel, a review of procedures and records, and plant walk-downs. The U.S. Nuclear Regulatory Commissions (NRCs) program for overseeing the safe decommissioning of a shutdown nuclear power reactor is described in Inspection Manual Chapter (IMC) 2561, Decommissioning Power Reactor Inspection Program.

List of Violations

The inspectors identified one Severity Level IV Notice of Violation (NOV) of 10 CFR 50.82(a)(8)(i) because Holtec Decommissioning International (HDI) used decommissioning trust funds for expenses that were not legitimate decommissioning activities. Specifically, HDI used funds to support community outreach activities that were not related to removing the facility or site safely from service and reducing residual activity to a level that permits release of the property for either unrestricted or restricted conditions and termination of the license. HDI entered the issue into its corrective action program as OYS-03542.

4 REPORT DETAILS

1.0 Background

On September 25, 2018, Oyster Creek certified the permanent removal of fuel from the reactor vessel (ADAMS Accession No. ML18268A258). This met the requirements of Title 10 or the Code of Federal Regulations (10 CFR) 50.82(a)(1)(i) and 50.82(a)(1)(ii).

On October 1, 2018, the NRC notified Oyster Creek that the Operating Reactor Assessment Program had ceased, and that implementation of the Decommissioning Power Reactor Inspection Program would begin on October 1, 2018 (ADAMS Accession No. ML18274A221). On July 1, 2019, an amended license was issued transferring the license from Exelon Generation Co., LLC to Holtec Decommissioning International, LLC (ADAMS Accession No. ML19164A157). Oyster Creek is currently in the Actively Decommissioning, No Fuel in the Spent Fuel Pool phase of decommissioning as described in IMC 2561.

2.0 Active Decommissioning Performance and Status Review

2.1 Inspection Procedures 40801, 71801, 83750, 84750, 86750

a. Inspection Scope

The inspectors performed on-site decommissioning inspection activities on September 18-21, September 25-27, and October 16-19, 2023, supplemented by in-office reviews and periodic phone calls during the inspection period. The inspection consisted of observations by the inspectors, interviews and discussions with site personnel, a review of procedures and records, and plant walk-downs.

The inspectors assessed the implementation and effectiveness of Oyster Creeks Corrective Action Program (CAP) by reviewing a sampling of issues, non-conformances, and conditions adverse to quality into the CAP.

The inspectors attended select management meetings, including station oversight committee and management review committee meetings. Inspectors reviewed documentation and met with Oyster Creek management and discussed staffing, training and qualifications of selected work groups, status of decommissioning and upcoming activities, financial assurance, among other topics to verify whether the licensee had conducted activities in accordance with regulatory and license requirements. The inspectors performed several plant walk-downs to assess field conditions and decommissioning activities by assessing material condition of structures, systems, and components, housekeeping, system configurations, and worker level of knowledge or procedure use and adherence. These walk-downs included new radwaste building, old radwaste building, reactor building, turbine building, Low Level Radwaste Storage Facility (LLRWSF), and Radioactive Material in Quantities of Concern (RAMQC) storage area. The inspectors observed select pre-job briefs and associated work activities, including but not limited to clean up activities on the 119 Refuel Floor, activiti es associated with the RT100 Type-B shipments such as leak testing, setup, and movement of the liners, and cleaning of the Torus or wet-well.

Inspectors continued their review of sampled withdrawals and additional documentation associated with the financial assurance decommissioning trust fund if the expenditures were from legitimate decommissioning activities and allowable under NRC regulations

5 as described in the list of Open Items in Inspection Report 05000219/2023002, Review of Decommissioning Trust Fund Withdrawals (ML23214A247).

The inspectors observed activities, reviewed documentation, and interviewed personnel associated with occupational radiation exposure to evaluate the licensees protection of worker health and safety and radiological protection. The inspectors conducted site walk-downs, including radiologically controlled areas, to examine radiological postings, and airborne and contamination controls. The inspectors reviewed Radiation Work Permits (RWPs) and As Low As Reasonably Achievable (ALARA) work plans to determine if radiation work activities were pre-planned effectively to limit worker exposure and attended various briefings discussing rad and industrial safety during work activities. The inspectors observed Radiation Protection (RP) staff perform work activities such as RP coverage during the following: (1) lifting and movement of liners into RT100 Type-B casks; (2) cleanup activities on the 119 of the reactor building.

Additionally, the inspectors observed the following activities: (1) staff donning and doffing protective clothing and equipment; (2) RP techs changing out air samples and checking Breathing Zone (BZ) lapel filters. During the inspectors walk down of the reactor building and LLRWSF, various instruments were checked for their condition and calibration. A sample of calibration records we re reviewed for different types of instruments for Oyster Creek.

Inspectors reviewed dosimetry records for the site that included external, internal, and special diametric situations. The inspectors reviewed the National Voluntary Laboratory Accreditation Program (NVLAP) certification for the sites personnel dosimeters to determine if they were processed by an accredited facility. Inspectors examined records of whole-body counts associated with internal dosimetry assessments and reviewed documentation for declared pregnant workers, dosimeter placement and assessments of Effective Dose Equivalent for External Exposures (EDEX), and assessments of Shallow Dose Equivalent (SDE). Additionally, inspectors reviewed documentation associated with personnel contamination events for the year.

The inspectors reviewed activities and documentation associated with radioactive effluent control and the radiological environmental monitoring program (REMP) to assess the effectiveness of site radiation protection programs, and to determine if activities and documentation associated with effluent and environmental monitoring programs were effectively controlled, monitored, and quantified releases of radioactive materials in liquid and gaseous forms to the environment. The inspectors accompanied site personnel on walk-downs of liquid processing systems, discharge points to observe collection methods and to determine the material condition of equipment. The inspectors accompanied site personnel during the collection of environmental samples of surface/drinking and groundwater and discharge to determine if sampling techniques were in accordance with procedures. Inspectors observed filter change out of the sites Radiation Gas Emissions Monitoring System (RAGEMS). Additionally, the inspectors looked at select air monitoring stations to determine accessibility, material condition, and whether they were located as described in the Off-Site Dose Calculation Manual (ODCM). The inspectors reviewed procedures, the annual REMP report, the annual radioactive effluent report, and the ODCM. The inspectors reviewed liquid discharge permits to determine if the releases were within the limits specified in the regulations and technical specifications and reviewed the implementation of Oyster Creeks radiological groundwater protection program to determine if it was in accordance with regulatory requirements.

6 The inspectors observed activities, interviewed personnel, performed walk-downs, and reviewed documentation to assess the effectiveness of the licensees programs for the handling, storage, and transportation of licensed radioactive material and radioactive waste. The inspectors reviewed records of the shipment packaging, surveying, labeling, marking, placarding, vehicle checks, and emergency instructions to assess compliance with the applicable NRC and Department of Transportation regulations. The inspectors reviewed the Certificate of Compliance (CoC) to determine if the requirements of the transport package associated with the Type-B shipment had been met. Procedures for cask loading and handling that included leak testing of the cask were reviewed. The inspectors also reviewed control and surveillance capabilities for the Type-B shipments and communications.

Additionally, inspectors interviewed personnel, reviewed documentation, performed walk-downs, and observed activities to assess the licensees implementation of the requirements of 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material. Inspectors walked down security zones and observed testing of the monitoring systems to determine if the licensee maintained the capability to continuously monitor and detect without delay all unauthorized entries into its security zones. The inspectors interviewed personnel and reviewed records to assess if the licensee had developed, implemented, and maintained written procedures for implementing the access authorization program and training program. The inspectors interviewed personnel and reviewed records to determine if the licensee had coordinated, to the extent practicable, with a Local Law Enforcement Agency (LLEA) to respond to threats to the licensees facility, including any necessary armed response.

b. Observations and Findings

The inspectors determined that issues had been identified, entered into the CAP at the appropriate threshold, and evaluated commensurate with their safety significance through document review, interviews, and observation of several management review committee meetings.

The inspectors noted that during this inspection period, the site continued decommissioning and dismantlement activities in the new radwaste buildin g and continued cleanup of the refuel floor. The inspectors noted that for the areas of the site toured, the material condition and housekeeping was adequate. The inspectors noted through site walk-downs, document reviews, and observations that site staff conducted activities in accordance with the regulatory requirements. The inspectors noted that workers were knowledgeable of and adhered to plant procedures and work plans, and pre-job briefings were thorough and highlighted specific safety concerns. The inspectors determined site personnel qualifications and training for selected work groups were up to date.

The inspectors verified that the RWPs, ALARA work plans, and micro-ALARA plans were implemented to limit worker exposure. The inspectors determined that RP staff effectively controlled work activities and used appropriate equipment during those work activities. The inspectors verified that selected instruments during walk-downs were in calibration and in working condition, and that calibration records of a sample of instruments were current and up to date.

7 The inspectors ve rified the sites personnel dosimeters were processed by an NVLAP accredited labor atory. Internal dosimetry evaluat ions for t he site we re app ropriate and inspectors noted t hat there were 26 whole-body counts performed since Oct ober 2022 with one investigation. The inspectors no ted t hat there wer e no declar ed p regnant workers and no EDEX since October 2022. Based on review of documentation and discussions with si te pe rsonnel, t he ins pectors de termined that SDE and Neutron Dos e assessments r eviewed were appropriate.

The inspectors de termined that effluent releases to the environment had b een properly controlled, monitored, and quantified as requir ed by NRC requirements. The inspectors verified that the annual radiological effluent and the annual REMP reports dem onstrated that calculated doses were below regulatory dose cr iteria of 10 CFR 50, Appendix I.

Additionally, t he inspectors ve rified that environmental samples were collect ed in accordance wit h sit e pr ocedures and e ffluent sampling equipment, p rocessing systems, were checked and maintained as specified in the ODCM. The ins pectors v erified sampling stations were a ccessible and as desc ribed in the ODCM.

The inspectors ve rified solid radioactive waste was adequately stored and monitored.

The inspectors exa mined r adioactive wast e ship ping paperwork and determ ined that it was properly completed, and Oyster Cr eek personnel were knowledgeable of their duties and res ponsibilities. The inspect ors det ermined radioactive waste shipped for disposal at land disposal f acilities was pr operly classified, des cribed, packaged, marked, and labeled, and was in proper conditi on for transportation. Addit ionally, inspectors determined the r equirements of the Type-B p ackage that inc luded CoC, procedures for handling, leak testing were met.

The inspectors de termined that the licensees security program was sufficient t o det ect unauthorized access t o a secur ity zone, to det ermine whether the unaut horized access was an actual or attempted theft, and t o init iate a n appr opriate response without delay.

The inspec tors verified that t he licens ee conducted tr aining to ensur e that individuals implementing the security progra m possess and m aintain the knowledge, skills, and abilities to ca rry out t heir ass igned duties. The inspect ors ve rified the licensee had coordinated with LLEA for e ffective response to t hreats t o t he lice nsees f acility.

Violation

The inspectors ident ified one Severity Level IV v iolation of 10 CFR 50.82(a)(8)(i) because HDIs failure t o est ablish proper oversight and c ontrols to ensu re t hat expenditures fr om the de commissioning trust fund ( DTF) at Oyster C reek were used only for legitimate deco mmissioning purposes as requir ed. Specif ically, HDI used f unds to suppo rt community outreach act ivities t hat were not related t o r emoving t he f acility or site sa fely from se rvice and reducing residual activity to a level that pe rmits release of the property for either un restricted or restricted conditions and terminat ion of t he license.

During this inspection period, inspec tors r eviewed a sampling of paid community outreach expendit ures from t he Oyster Creek DT F, held interviews with site personnel, and identif ied numerous discr epancies. After c areful examinat ion of DTF rec ords, the inspectors det ermined t hat ce rtain expenses had been spent from the DTF but did not qualify as a legit imate de commissioning expense. Specifically, the inspectors reviewed a sampling of paid community outreach expenditures and determined that approximately

$62,000 had been ex pended for events such as a c elebration day for Lacey Township, donation to a food bank, and certain upgrade s to the local c ommunity.

8 10 CFR 50.82(a)(8)(i) states, in part, decommissioning trust funds may be used by licensees if the withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in § 50.2.

10 CFR 50.2 defines decommissioning as removing a facility or site safely from service and reducing residual radioactivity to a level that permits (1) Release of the property for unrestricted use and termination of the license; or (2) Release of the property under restricted conditions and termination of the license.

Contrary to the above, from March 2020 through June 2023, HDI used the Oyster Creek decommissioning trust fund for expenses that were not legitimate decommissioning activities. Specifically, HDI used funds to support community outreach activities that were not related to removing the facility or site safely from service and reducing residual activity to a level that permits release of the property for either unrestricted or restricted conditions and termination of the license.

This violation was determined to be a Severity Level IV violation. The NRC considered NRC Enforcement Policy example Section 6.3.c.12, dated January 12, 2024, regarding a significant failure to meet decommissioning as required by regulation or license condition for materials sites. Additionally, the NRC considered the legitimacy of use, the dollar amount involved compared to the total DTF amount, and programmatic aspects in making this determination. The NRC determined that approximately $62,000 was not used for legitimate decommissioning activities, that the amount is a small fraction of the Oyster Creek DTF, and did not represent a significant failure to meet decommissioning.

Based on the above, the licensee placed the deficiency into its CAP (OYS-03542).

The violation meets the criteria in Section 2.3.2.a of the NRC Enforcement Policy to disposition as a Non-Cited Violation (NCV.). However, the violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail. This violation is being cited in the Notice because the NRC determined that the necessary corrective actions are complex and will likely require a review and independent assessment by multiple NRC Offices. Therefore, the NRC is issuing a NOV and is requiring a response from HDI that describes a comprehensive corrective action plan for restoring the funds that were improperly removed from the DTF and ensure that future expenditures from the DTF will meet the requirements of 10 CFR 50.82. (NOV 050002192023004-01, Improper Use of Decommissioning Trust Fund).

c. Conclusions

One Severity Level IV, NOV of 10 CFR 50.82(a)(8)(i) was identified.

3.0 Exit Meeting Summary

On January 25, 2024, the inspectors presented the inspection results to Jeffrey Dostal, Site Vice President, and other members of the Oyster Creek staff who acknowledged the inspection results. No proprietary information was retained by the inspectors or documented in this report.

ATTACHMENT: SUPPLEMENTARY INFORMATION

9 SUPPLEMENTARY INFORMATION

KEY POINTS OF CONTACT

Oyster Creek Personnel J. Dostal, HDI Oyster Creek Site Vice President S. Johnson, Site Licensing Manager W. Straka, Project Manager K. Wolf, Radiation Protection, Chemistry, and Environmental Manager M. Hassler, Decommissioning Manager K. Leonard, Waste Controls Manager J. Sisak, Decommissioning Facility Manager M. Carlson, Site Engineering Manager E. OBrien, Environmental Spec/Safety F. Miranda, Shipping Specialist K. Zadroga, Radiation Protection, Chemistry Supervisor A. Farenga, Hazardous Waste Shipping Specialist

ITEMS OPENED, CLOSED, AND DISCUSSED

Closed Section Summary

05000219/2023003-01 2.1.b Improper Use of Decommissioning Trust Fund

LIST OF DOCUMENTS REVIEWED

Condition Reports OYS-02886 OYS-02999 OYS-03084 OYS-03136 OYS-03202 OYS-03204 OYS-03209 OYS-03232 OYS-03376 OYS-03475 OYS-03498 OYS-03497 OYS-03656 OYS-03653 OYS-03652 OYS-03607 OYS-03592 OYS-03583 OYS-03531 OYS-03511 OYS-03496

Miscellaneous April 2023 RGPP Summary Semi-Annual Monitoring Report October 2022 RGPP Summary Monitoring Report (4th Quarter 2022)

Annual Radioactive Effluent Release Report for 2022 Annual Radioactive Environmental Operating Report for 2022 REMP Vacuum Gauge Calibration CY-OC-170-301, Offsite Dose Calculation Manual, Rev 13 EN-AA-408, RADIOLOGICAL GROUNDWATER PROTECTION PROGRAM, Rev 0 EN-OC-408-4160, RADIOLOGICAL GROUNDWATER PROTECTION PROGRAM REFERENCE MATERIAL FOR OYSTER CREEK GENERATING STATION, Rev 9 OC-RP-1001-2023-003, Evaluation of REMP Following Incorporation of Some Sample Activities into Station Procedures Sample of Oyster Creek Release Permits Sample of Routine Whole-Body Counts Investigation Whole-Body Count SDE Assessment Report RP-AA-210-1001, Attachment 8, Neutron Dose Estimation, Rev 13 NVLAP Accreditation Certificate 2023 Teledyne Brown Engineering Environmental Services 1st Quarter 2023 QA Report

Attachment Shipping Manifest OC-23-3002 Shipping Manifest OC-23-7008 Radiation Protection Instrumentation Self-Assessment 2022-2023, RP-OC-1001-2023-2 RP-AA-220-1002 Rev 3, 2022 Annual Bioassay Program Review OC-23-011, Oyster Creek Portal Monitor Annual Limit on Intake Sensitivity Study List of Instruments

Procedures Champion Policy and Procedure Manual, 4.4 Silica Safety Procedure, Rev 4

Calibration Records Radiological Surveys Bicron-Micro R, C762A YLA-23-1545 RDS-32, 2003203 YLA-23-1544 RO-AA, 13629 YLA-23-523 PM-7, 542 YLA-20-392 SAM-12, 702316 YLA-23-1274 LUD-177, 0020833 RBO-23-1498 MODEL-3, 305878 RBO-23-1497 AMP-100, 5020-029 PUA-23-486 T-pole II, 428018-018 3030-P, 23352 AMS-4, 02759 LAPEL, 12889

LIST OF ACRONYMS

ADAMS Agencywide Document Access and Management System ALARA As Low As Reasonably Achievable CAP Corrective Action Program CFR Code of Federal Regulations CoC Certificate of Compliance DTF Decommissioning Trust Fund EDEX Effective Dose Equivalent for External Exposures GPO Government Printing Office HDI Holtec Decommissioning International, LLC IMC Inspection Manual Chapter LLEA Local Law Enforcement Agency LLRWSF Low Level Radwaste Storage Facility NCV Non-Cited Violation NOV Notice of Violation NRC U.S. Nuclear Regulatory Commission NVLAP National Voluntary Laboratory Accreditation Program Oyster Creek Oyster Creek Nuclear Generating Station ODCM Offsite Dose Calculation Manual RAGEMS Radiation Gas Emissions Monitoring System RAMQC Radioactive Material in Quantities of Concern REMP Radiological Environmental Monitoring Program RP Radiation Protection RWP Radiation Work Permits SDE Shallow Dose Equivalent

2