ML24266A004
| ML24266A004 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 09/22/2024 |
| From: | Blind A - No Known Affiliation |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57114, ASLBP 24-986-01-LA-BD01, 50-255-LA-3 | |
| Download: ML24266A004 (0) | |
Text
September 22, 2024 Docket No. 50-255 of 1
5 Supplemental Filing to Strengthen That Holtecs Proposed Use of § 50.59 is Within the Scope of the FRN For Requesting a Public Hearing Docket No. 50-255; NRC-2024-0130
Subject:
Supplemental Filing to Strengthen the Argument that Holtecs Use of § 50.59 Is Within the Scope of NRC Docket No. 50-255, NRC-2024-0130.
Dear Members of the Licensing Board,
This supplemental filing provides additional support for the petitioners view that Holtecs proposed use of 10 CFR § 50.59, as outlined in document ML23348A148, is fully within the scope of the Federal Register Notice (FRN) associated with Docket No. 50-255, NRC-2024-0130. This filing strengthens the legal and regulatory basis for the petitioners' contention that Holtecs proposed use of §50.59 falls within the scope of the request for public hearing invitation, outlined in the FRN.
Additional Argument for the Inclusion of § 50.59 in the Scope of Review Holtecs proposed use of 10 CFR § 50.59 aligns directly with the FRNs scope concerning the resumption of power operations, technical specification updates,
September 22, 2024 Docket No. 50-255 of 2
5 and licensing basis revisions. Below, I outline the legal and factual basis supporting this inclusion:
1.
Scope of the Federal Register Notice The FRN, published on August 7, 2024, specifically addresses license amendment requests associated with restoring the Palisades Nuclear Plant to operational status. As a recognized regulatory mechanism, 10 CFR § 50.59 is crucial to the Holtec amendments relating to power operation resumption, technical specification updates, and the updating of the Defueled Safety Analysis Report (DSAR) to the Updated Final Safety Analysis Report (UFSAR).
Holtecs document ML23348A148, detailing the use of § 50.59 to reinstate accident analyses and reclassify systems, structures, and components (SSCs), falls squarely within the scope outlined by the FRN.
2.
Alignment with Federal Regulatory Framework The Federal Register Notice invites public petitions for hearings on license
September 22, 2024 Docket No. 50-255 of 3
5 amendment requests tied to plant operations and the allowed license amendment requests. ML23348A148 is included in that list. In ML23348A148, Holtecs describes its proposed use of § 50.59 as a mechanism to restore the FSAR and safety analysis of Palisades directly pertains to the activities outlined in the FRN. The FRNs intent is to review all processes necessary for restoring plant operations, and § 50.59 is one of those critical regulatory processes.
3.
Holtecs License Amendment Requests and Use of § 50.59 Holtecs license amendment requests, filed between December 2023 and May 2024, outline specific amendments needed to transition from decommissioning back to operational status. The document explicitly references the § 50.59 process as a means to update the UFSAR and DSAR.
As per the Holtec proposal, this process is key to re-establishing the plants licensing basis.
As stated in Holtecs ML23348A148:
"The UFSAR, now titled the Defueled Safety Analysis Report (DSAR), will
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5 be updated, via the 10 CFR 50.59 process, to reflect the docketed version that was in effect prior to the 10 CFR 50.82(a)(1) certifications. Any DSAR retained changes to UFSAR Revision 35 will be evaluated via the 50.59 process against UFSAR Revision 35 to determine if NRC approval is required prior to exiting the period of decommissioning."
4.
Conclusion Holtecs proposed use of § 50.59 is fully within the scope of the Federal Register Notice, Docket No. 50-255, NRC-2024-0130, invitation for public to request a hearing. Given the central role of Holtecs proposed use of § 50.59 in these activities, its inclusion in the scope of the review is legally justified.
I respectfully request that this additional argument be considered alongside the original petition submitted on September 9, 2024.
Sincerely, Alan Blind Representative for the Joint Petitioners
September 22, 2024 Docket No. 50-255 of 5
5 Declaration of Alan Blind in Support of Supplement Submission Regarding Holtecs Use of 10 CFR § 50.59 Being In Scope