ML24291A244

Response to Questions from Alan Blind Regarding Public Meeting on August 1, 2024

ML24291A244
Person / Time
Site:	Palisades
Issue date:	09/18/2024
From:	Viktoria Mitlyng Plant Licensing Branch III
To:	Blind A Entergy Nuclear Operations
Wall S
References
Download: ML24291A244 (1)

Text

From: Viktoria Mitlyng (She/Her/Hers)

Sent: Wednesday, September 18, 2024 4:46 PM To: Alan Blind <a.alan.blind@gmail.com>

Subject:

RE: Re: Press Release Heads Up and, Public Meeting Question Status?

Hello Mr. Blind,

Thank you for your continued interest in the project. The NRC continues to conduct thorough and efficient reviews and inspections related to Holtecs request to restart the Palisades nuclear plant.

The NRC will not allow Palisades to restart unless these reviews and inspections give us confidence that the facility will meet the NRCs requirements for operating reactors. You can find additional information on the NRCs activities on the Palisades Potential Restart page on the NRCs website.

Information related to the ADVANCE Act of 2024 can be found here.

Below you will find the NRC Palisades Restart Panels response to some of your questions following the August 1 public meeting. We are not able to address the questions related to Holtecs request for exemption from portions of 10 CFR 50.82(a)(2) dated September 28, 2023 (ML23271A140) since the NRC has not made a decision on the exemption request and its review is on-going. Other questions you provided are related to recent 2.206 or hearing petitions you have submitted and will be addressed as part of those processes.

We have provided answers to questions 3, 7, 9, 10, 11, 13, and 14.

Question 3 - Yes, the language you quote from section 06.03.b of Inspection Manual Chapter 2562, Revision 1, refers to the 10 CFR 50.12 process for requesting a specific exemption. Specifically for Palisades, that is the September 28, 2023, request.

Question 7 - The frequency of inspection reports is contingent on the NRC inspectors completing and documenting an inspection activity in a public inspection report. Currently, the NRC plans to issue quarterly reports, but the NRC has the flexibility to issue inspection reports at an interval shorter than quarterly, if appropriate, as the project progresses. Inspection reports, such as the simulator inspection report, can be found on the Palisades Potential Restart page on the NRCs website.

Question 9 - The NRC inspection reports are publicly available on the Palisades Potential Restart page on the NRCs website; the inspection plan will be made available to the public.

Question 10 - At this time, there are no items on the restart issue list.

Question 11 - Holtec has previously stated the need to engage the NRC with its plans to complete the actions associated with the beyond design basis seismic evaluations. The NRC staff will evaluate Holtecs plan when that engagement occurs.

Question 13 - Holtec stated at the public meeting on August 1, 2024, that it would engage the NRC staff in a pre-submittal public meeting to further discuss the licensees plan to closeout GSI-191. The NRC staff will learn of Holtecs plan at that time.

Question 14 - The 22 fire protection modifications that Holtec referred to were required as part of the NRC staffs approval and implementation of NFPA-805 at Palisades. These modifications will be implemented and inspected prior to restart.

Questions: NRC Public Meeting, August 1, Holtec Restart of Palisades

1. In his response to Congressman Walberg about NRC support of Holtecs schedule for restart, NRC Chairman Hanson said that All regulatory filings have been submitted and the reviews are on track to be complete by May 2025. Further Hanson said to meet the schedule, This is something we have never done before and requires some creativity by the staff as well on Holtecs part.

Question for NRC Staff, please tell us how the Advance Act is being applied, by staff, to the Palisades Restart review of licensing actions? How is the restart panel ensuring quality over any schedule pressures? We are concerned about the Chairmans reference to the Palisades NRC licensing reviewers being creative.

2. Has the NRC General Counsel approved Holtec's proposed use and NRC staff's interpretation of portions of the denial for PRM-50-117 to support using the Specific Interpretations Rule to reverse the 10 CFR 50.82(a)(2) restriction, which prohibits reactor power operations and retention of fuel in the reactor vessel, applicable due to docketing the 10 CFR 50.82(a)(1) certifications?

For clarity, I am not asking if the NRC has approved Holtec s request to use the Specific Exception rule, I am asking if NRC general counsel has approved of Holtecs proposed interpretation and apparent NRC staffs agreement to partial use of the PRM-50-117 to open the door for submittals, including the retraction of shutdown certification restrictions?

3. NRC Inspection Manual 2562 Section 2b, "Transition Between Oversight Process says in part, When a licensee submits a request for exemption from the requirements of 10CFR 50.82 to allow placing fuel in the reactor vessel and authorizing operation of the reactor, the restart phase of the reactor facility inspection program can begin. It is anticipated that the NRCs review of licensing actions to restore the operating basis of the facility will occur concurrently with implementation of the Restart of Reactor Facilities.

Does section 2b of Inspection manual refer to 10CFR50.12 Specific Exception Request?

4. In the Federal Register announcing the need for an Environmental Assessment, EA, Docket No. 50-125, it says, The NRC has not accepted Holtec s Specific Exemption Request categorical exclusion (CATEX) criteria.

Please explain in more detail how the EA will interface and coordinate with NRC s evaluation of Holtecs request, ML23271A140, Request for Exemption from Certain Termination of License Requirements of 10 CFR 50.82. For example, does approval of Holtecs Request for a specific exception stand solely or in part on completion of the EA?

5. In its submittal for a Specific Exception to reverse the Entergy submitted shutdown certifications and subsequent NRC restriction for loading fuel, Holtec said the unexpected governmental support for continued operations was not foreseen, and are the special circumstances a(2), for the Specific Exception applicability requirement, resulting in the need for this exemption request

Further, the timeline of events shows, under Entergy ownership, the Holtec referenced government support was present during the last full power operating cycle. Knowing of this government support, Entergy could have elected to not submit the shutdown certifications and sought a willing buyer of Palisades for the purpose of power operations.

Question, in its decision making process, has the NRC considered the the special circumstance, as submitted by Holtec was self inflicted by the actions of Entergy and were fully known by Holtec at the time of license transfer of a decommission status plant, and therefor, is not available as a special circumstance as proposed by Holtec?

6. In the pre-submittal meeting for Holtecs QAPD submittal the NRC staff asked what quality assurance controls would be in effect during the period of system restoration, and what document would contain these controls. The licensee stated that they plan to update the HDI decommissioning QAP currently in effect with the appropriate quality assurance controls to cover the activities being performed at the plant during the restoration period. The licensee stated they would make. The meeting summary did not show the NRC staff responded to the Holtec position.

Question - Has the NRC agreed with Holtec s position that it change the decommissioning QAP to be cover activities for the restoration period, without prior NRC approval, as per 10CFR50.54?

7. For SOP plants, the NRC inspection period is once per quarter, or three months. During the meeting there were statements about using the same quarterly period for the Palisades during the restart phase.

Question - Because of the fast pace of restart activities, to keep the public informed on a more timely basis, please consider monthly inspection reports?

8. CFR 50.120 mandates the National Training Academy's accreditation of each utility's training programs for nuclear power plant personnel. What is the current accreditation status of Palisades' training programs? At the August 1 Public Meeting Holtec gave completion dates for accreditation. It was not clear if the Holtec dates were included INPO National Training Accreditation Board approval.

Question - Please confirm Hotec s status of training accreditation included Accreditation Board final approval.

9. According to Inspection Manual 2562, has the NRC received and published Holtec's schedule of startup activities and the corresponding NRC inspection plan?

Question - Will the NRC inspection plan be made available to the

public?

10. Inspection Manual 2562 specifies that there will be a list of restart issues, including descriptions, statuses, corresponding NRC regulatory actions, and associated inspection report documentation.

Question - Is the restart issue list available to the public?

11. In ML14357A165, Palisades Nuclear Plant Expedited Seismic Evaluation Process, Entergy made commitments to make seismic modifications and submit a final report. Following its announcement to cease operations, Entergy withdrew it commitments. It is not clear if the plant modifications were completed prior to cessation of operations.

At the Aug 1 public meeting, Holtec presented its plans to address several previously withdrawn commitments (NFPA-805 and GSI-191), but did not address previously withdrawn Seismic Evaluation commitments.

Question - What is the status of Holtec completion of the Palisades Nuclear Plant Expedited Seismic Process? Will the NRC required these commitments be completed before restart authorization?

12. In ML23271A140, Request for Exemption from Certain Termination of License Requirements of 10 CFR 50.82, in Holtec s The exemption will not present an undue risk to public health and safety analysis, they included as a basis:

Additionally, NRC inspection activities during development and implementation of the return to service plans provide added assurance that SSCs will function as required by the reinstated POLB

At the August 1 Public Meeting, Holtec did not include discussion of development and implementation of return to service plans.

ML21195A372, NRC approval of Energy s request for exemption from

record requirements was discussed at the August 1 public meeting and the impact the NRC inspectors found during the Control Room Simulator inspection. It seems an extent of condition evaluation needs to be completed for other SSCs. Incorporating these evaluations into the return to service plans seem prudent.

Question - Has Holtec dropped return to service plans from its startup actions? Has the NRC made any inspections of these plans? If so, what were the NRCs findings?

Does the apparent lack of return to service plans change the NRCs evaluation of Holtecs analysis of no undue risk evaluation? At this time, what gives NRC evaluators of the Holtec evaluation of the Specific Exception Request, no undue risk section, that the return to service plans will be of sufficient depth and acceptable NRC findings, to support approval the requested exemption?

Regarding the record retention question, how will the NRC evaluate Holtec s extent of condition review, and, incorporate the findings into the Specific Exception Request, no undue risk evaluation.? After all, the potential loss of safety related SSC records was a direct result of Entergys actions and their submitting the shutdown certifications. Holtec must now show these actions by Entergy do not present an undue risk, for return Palisades to operations.

13. At the meeting, Holtec said, HDI is currently evaluating GSI-191 closure options using industry experts and industry guidance document, WCAP-17788, Comprehensive Analysis and Test Program for GSI-191 Closure

In ML19064A089, Status of Remaining Actions for Generic Safety Issue - 191 Resolution Entergy cancelled it commitments for closure of GSI-191.

Question - The Holtec actions, presented at the August 1 meeting, to address GSI-191, seems to fall short of the cancelled

Entergy commitments. Will the NRC require all prior Entergy GSI-191 commitments to be completed?

Has the NRC approved WCAP-17788 as a method for GSI-191 Closure?

Will NRC complete its inspection and closure review of GSI-191 prior to Palisades return to operation?

14. At the meeting, Holtec said, Palisades will install all 22 remaining NFPA-805 modifications prior to restartThese modifications eliminate required manual actions

Palisades has had a long history of not completing fire protection commitments, starting with 10CFR50 Appendix R to date. Starting as early as 1978, in ML020800287, NRC added a license condition relating to the completion of facility modifications to improve the fire protection program.

This later changed to commitments for completing NFPA-805 analysis and modifications.

Questions - Does the NRC agree, the Holtec 22 modifications address all of the modifications necessary to address the 1978 license condition?

Will the NRC closeout inspection and review of NFPA-805 be complete prior to NRC authorizing Palisades return to operations?

15. At the meeting, Holtec described planned Steam Generator Inspections.

In ML23348A148 Holtec submitted draft Technical Specifications for review. NRC staff has not completed its review. Section 5.5.8 of the draft Technical Specifications are the Steam Generator Program requirements, which contains the criteria for evaluation of Steam Generator testing, and provides the requirements for a Secondary Water Program.

Questions - Without NRC approved Technical Specifications, section 5.5.8, how is Holtec and NRC to review the Steam Generator testing results?

Past and proposed Technical Specifications, section 5.5.8, Secondary Water Program states, A program shall be established, implemented and maintained for monitoring of secondary water chemistry to inhibit steam generator tube degradation and shall include.

How were secondary water program requirements maintained during the period starting from Entergy ceasing operations and entering the decommissioning stage, to present time? Were records maintained and retained, to show results of the secondary water program?

If the secondary water program was not maintained, how can Holtec, in its application for a Specific Exception, support its analysis the exemption will not present an undue risk to public health and safety given the action to enter decommissioning and then return to operations, as requested in the Specific Exception to reverse the fuel reloading restrictions, created a period of non-compliance with Technical Specification, section 5.5.8, Secondary Water Program?

The section 5.5.8, Steam Generator Program includes testing and secondary water management as an necessary and integrated approach to ensure public health and safety, by ensuring the Steam Generator Rupture Analysis assumptions are met. How can Holtec so easily seem to dismiss the harm done to the Steam Generator and its public health an safety impacts that were introduced with a period of up to three years of no Steam Generator Secondary Water Program management?

16. The following questions include elements that pertain to Holtecs submittal, ML23271A140, Exemption Request for Exemption from Certain Termination of License Requirements of 10 CFR 50.82.

Question #2, General Counsel approval of the 2019 denial of rulemaking petition use

Question #4, NRC has not accepted Holtec s Specific Exemption Request categorical exclusion (CATEX) criteria

Question #5, Special Circumstance, Unexpected Government Support

Question #12, Undue risk analysis, return to service plans, and document retention

Question #15, Undue risk analysis, no secondary water management plan and records for some period of time.

I understand that, by rule, there is no avenue for public participation in the NRC evaluation of Specific Exemption Requests as referenced in Docket No. 50-255-ER. However, these questions, taken collectively, highlight potential issues with Holtec's supporting arguments for its exemption request.

Question - May the NRC staff may consider these collected points as a whole in their evaluation of Holecs Specific Exemption Request?

I have a request - Could you please send all questions to PalisadesRestartProject.Resource@nrc.govrather than specific staff members? Thank you!

Best regards,

-Viktoria