ML25027A006
| ML25027A006 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 01/27/2025 |
| From: | Blind A - No Known Affiliation |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57269, ASLBP 24-986-01-LA-BD01, 50-255-LA-3 | |
| Download: ML25027A006 (0) | |
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Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 1
10 PRE-SUBMITTAL OF FIVE-MINUTE PREHEARING CLOSING REMARKS Prepared by: Alan Blind, Joint Petitioners pro se Representative Introduction and Background On December30, 2024, the Licensing Board issued a Memorandum and Order (Scheduling Initial Prehearing Conference) in this proceeding. That Order scheduled an in-person prehearing conference for February12, 2025, at NRC Headquarters in Rockville, Maryland, allocating time to each participant for an opening statement and closing statement, along with a question period from the Board.
In anticipation of that conference and to maintain clarity within the constrained schedule, Joint Petitioners hereby submit our five-minute Closing Remarks in advance. These remarks, like the previously submitted Opening Remarks, are drawn from the broader petition already on file. They are offered here in the interest of streamlining the hearing, ensuring each participantand the Boardhas notice of our concluding statements before the oral session.
Advance Filing of Closing Remarks
Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 2
10 Under 10C.F.R. §2.304 (Filing of documents and serving papers),
participants in an NRC adjudicatory proceeding may file relevant documents on the docket if those documents meet the Commissions procedural requirements. By filing these Closing Remarks via the NRCs electronic docket, Joint Petitioners ensure they are served on all parties well in advance of the prehearing conference, allowing the participants ample opportunity to prepare.
Additionally, the Boards December30, 2024 Order allots time for closing remarks at the February12, 2025 prehearing conference. Under 10C.F.R.
§2.319 (Presiding officer powers), the Board may accept early filings that enhance clarity and efficiency. By placing these Closing Remarks on the record now, we further the objectives of transparency and effective case managementcore principles of 10C.F.R. Part2 proceedings.
No New Arguments or Contentions Introduced Joint Petitioners emphasize that this submittal of our Closing Remarks neither raises new contentions nor presents novel arguments. Instead, these remarks:
1.
Reiterate Existing Positions They reinforce the same challenges regarding Holtecs License
Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 3
10 Amendment Request (LAR) and the NRC Staffs interpretations already set forth in our petition.
2.
Focus on Core Compliance Issues We continue to question the regulatory adequacy of Holtecs reliance on outdated safety evaluations and the absence of explicit return-to-service regulations. Our concerns regarding the licensees use of outdated FSAR revisions, interpretations of 10C.F.R. §§50.12, 50.34, 50.59, 50.82, and other pivotal regulations remain unchanged.
3.
Do Not Expand the Record By submitting the closing remarks in written form, we merely provide a concise, well-referenced conclusion that aligns with the same contentions already under review.
Thus, our pre-submittal conforms to 10C.F.R. §2.309(f)(1), which guides admissible contentions; we do not seek to alter or enlarge our claims at this late stage.
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January12 Pre-Hearing: Five-Minute, Closing Remarks
Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 4
10 Prepared for Oral Presentation on February12, 2025 By Alan Blind, pro se Representative for Joint Petitioners Closing Remarks After carefully considering the NRC and Holtec responses, it is clear that Joint Petitioners may only challenge the specific regulations Holtec itself included in its LAR submittals. Because no existing regulations directly address returning a plant from decommissioning to operational status compounded by the uncertainty surrounding NRC guidelines for implementing Holtecs proposed Berka Denial interpretation to set Commission policyour ability to contest these matters is highly constrained. We respectfully request that the ASLB take these limitations into consideration.
As we close this prehearing, we emphasize Holtecs clear failures to comply with some operational regulations it cited or rely on in its LAR submittalsdeficiencies we believe lie within the ASLBs authority to address. These issues are fully detailed in our petition and should remain under consideration.
50.59; Changes, Tests, and Experiments
Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 5
10 Holtecs approach under 10C.F.R. §50.59, Changes, Tests, and Experiments, is fundamentally flawed. That rule requires evaluating any facility change against the as currently updated FSARhere, the defueled FSAR (Revision36) is being updated and is therefore the current updated FSAR. Yet Holtec proposes to update the current updated Revision36 using superseded FSAR Revision35 as the basis, circumventing §50.59s core purpose of comparing proposed changes to the valid, in-effect, updated, FSAR and identifying unreviewed safety questions. Section50.59 is explicit: the current updated FSAR is Revision36 for Palisades.
This reliance on an older revision compromises the integrity of the safety evaluation process and violates §50.59. The NRC Staffs §50.82(b) license termination legal theoryto revert to a previous FSAR revision does not cure this defect.
Given the significant transition from defueled to operating status, including reclassification of SSCs and revised accident analysis, many changes likely will exceed §50.59s screening criteria and thus require separate license amendmentsan outcome Holtec deems improbable but that the regulations clearly anticipate.
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10 50.34; Contents of Applications for Licenses Second, Holtecs LAR submittals fails to satisfy the integrated requirements of 10C.F.R. §§50.34, 50.90, 50.36, and 50.92 for its LAR submittals. Section50.34 requires that any significant amendment include a complete, up-to-date FSAR reflecting the plants current configuration.
Instead, Holtec relies on an outdated FSAR (Revision35) and partial references to a defueled FSAR (Revision36), leaving a critical gap in the safety basis.
This shortfall violates §50.90s mandate to fully describe proposed changes, undermines §50.36s requirement for accurate Technical Specifications, and contravenes §50.92s demand for a safety analysis equivalent to that required for initial licensing. Without a unified, modern FSAR, neither the NRC nor the public can determine whether Palisades meets the rigorous safety benchmarks expected of an operating nuclear facility.
50.12; Specific Exceptions Under 10C.F.R. §50.12, Specific Exceptions, the NRC may grant exemptions only if special circumstances exist that do not endanger
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10 public health or conflict with law. Holtec claims reactivation benefits justify bypassing decommissioning rules, but its decision to reverse decommissioning was self-inflictednot an unforeseen event. Reliance on outdated references and the absence of a current operating FSAR undermine any valid safety basis. These omissions fail to demonstrate genuine special circumstances.
Conclusion In conclusion, Holtecs proposal to resurrect Palisades on the basis of incomplete and outdated documentationalong with an unsupported request for exemptionsdoes not satisfy the standards required by 10C.F.R. Part50.
In accordance with the Boards authority under 10C.F.R. Part2, we respectfully urge that it deny, add requirements, or withhold any license amendments or exemptions that fail to satisfy the regulatory and procedural requirements intended to protect public health and safety. We ask that the Board thoroughly examine these gaps and require full compliance with the applicable rules before granting any path forward.
End of Closing Remarks, Five Minutes
Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 8
10
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Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 9
10 Submittal Conclusion The Boards December30, 2024 Order sets the upcoming prehearing conference for February12, 2025. In light of that Order, Joint Petitioners respectfully submit these Closing Remarks in advance for entry into the docket, aiding in an efficient and transparent proceeding. We reiterate that these remarks are based on existing contentions and do not expand the scope of our challenges to Holtecs LAR.
Respectfully submitted, Alan Blind Pro se Joint Petitioners Representative Electronic signature via NRC Electronic Docket
Submittal Date: Jan 27, 2025 Docket No. 50-255-LA-3 of 10 10 DECLARATION OF ALAN BLIND