ML25087A121
| ML25087A121 | |
| Person / Time | |
|---|---|
| Issue date: | 04/02/2025 |
| From: | Djapari A NRC/NMSS/DFM/IOB |
| To: | Gerond George NRC/NMSS/DFM/IOB |
| References | |
| Download: ML25087A121 (1) | |
Text
C. Regan UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MEMORANDUM TO:
Gerond George, Acting Chief Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards FROM:
Azmi Djapari, Transportation and Storage Safety Inspector Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
SUBJECT:
SUMMARY
OF PUBLIC MEETING WITH INDUSTRY ON NRC ENFORCEMENT GUIDANCE MEMORANDUM 25-001 FOR GENERAL LICENSEES AFFECTED BY THE CONTINUOUS BASKET SHIMS DESIGN CHANGE 10 CFR 72.48 VIOLATION On March 7, 2025, the U. S. Nuclear Regulatory Commission (NRC) held a hybrid public meeting with representatives from the Nuclear Energy Institute (NEI), Holtec, Tennessee Valley Authority, Southern Nuclear Company, the Holtec Users Group, and other stakeholders to discuss Enforcement Guidance Memorandum (EGM) 25-001 Enforcement Guidance for Dispositioning Noncompliances Related to a General Licensees Use of Certain Non-Qualified Spent Fuel Casks, and path forward surrounding regulatory issues surrounding the Title 10 of the Code of Federal Regulations (10 CFR) 72.48, Changes, Tests, and Experiments, violation resulting from modifications made by Holtec to its multi-purpose canisters, particularly the continuous basket shim (CBS) design. The primary objective of the meeting was to answer questions for the NRCs expectations for implementing EGM 25-001 and discuss the path forward to ease regulatory requirements for general licensees (GL) adopting changes made by certificate of conformance (CoC) holders under 10 CFR 72.48.
After initial introductions, the NRC staff opened the meeting by discussing the current state of 10 CFR 72.48 regulations and implementation guidance. The NRC staff acknowledged that the current regulations and guidance leads to a state where GLs, when adopting CoC holder modifications, are required to complete separate 10 CFR 72.48 when the change is determined to affect site specific parameters. The NRC staff, also, acknowledged that regulations and guidance are leading to GLs being issued 10 CFR 72.48 violations, which were at the fault of CONTACTS: Azmi Djapari, NMSS/DFM 301-415-3665 Tomeka Terry, NMSS/DFM 301-415-1488 April 2, 2025 Terry, Tomeka signing on behalf of Djapari, Azmi on 04/02/25
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the CoC holders failure to follow the 72.48 process, as reflected in NEIs February 28, 2025, letter on EGM 25-001 (Agencywide Documents Access and Management System [ADAMS]
The NRC staff discussed that a regulatory structure that results in enforcement actions to both GLs and CoC holders, for the same issue, is not aligned with the NRCs Principles of Good Regulation. To address this issue, the NRC staff discussed requesting the Commission to approve an interim enforcement policy (IEP), in the near term, in conjunction of working through rulemaking options to distinguish between the 72.48 process responsibilities of the CoC holders and GLs.
Next, NRC staff provided clarification on the IEP and its interaction with EGM 25-001, emphasizing that the goal action was to prevent GLs from being penalized for violations that were a result of CoC holder design modifications. The IEP was being developed to address these violations and ensure that GLs were not unfairly penalized. The draft IEP was expected to be released for public comment in April 2025, with the final version to be issued to the Commission in May 2025. The NRC emphasized that while the violations had very low safety significance, further clarification on regulatory requirements was needed to address industrys concerns.
Industry representatives, from the Holtecs User Group and NEI, discussed the resource-intensive nature of the 72.48 change control process, particularly the repeated evaluations required by Holtecs modifications to the cask design. Some industry stakeholders raised concerns about the need for GLs to re-evaluate their vendors 72.48 process, given the complexity of addressing the basket shim issue. The issue of a lack of clarity in the NEI guidance was also raised, with the industry suggesting that such statements should be omitted from the IEP. The industry expressed support of NRC plans for IEP, exploration of rulemaking, and looked forward to the public comment period for the IEP.
The industry representatives asked additional questions specific to EGM 25-001, including conditions to receive enforcement discretion, what were the NRC plans and timing for implementing the EGM, and what corrective actions need to be in place to receive exemption.
The NRC expressed that the EGM presents the acceptable corrective actions to receive discretion. For GLs that loaded their HI-STORM FW system, corrective actions would include entering the issue into the corrective action program and showing plans for applying changes authorized by an amended CoC to a previously loaded cask or plans for adopting Amendment No. 7 in its entirety. For the HI-STORM 100 system, the EGM guidance restricted cask movement and loading based on the amendment being under licensing review; however, the GL would have corrective actions in place to actively pursue restoring compliance to 72.212(b)(3),
seek a license amendment, or seek an exemption. The NRC discussed that the Holtec HI-STORM Amendment No. 19 review was on-schedule for completion prior to the need dates requested by the GLs.
Members of the public raised concerns about the shortened public comment period for the draft IEP, with members of the public expressing worry that this might lead to relaxed safety standards and insufficient regulatory scrutiny. One individual questioned whether the use of enforcement discretion would lead to a situation where violations were not fully addressed, which could potentially allow safety issues to continue unchecked. Concerns were also voiced about the lack of transparency in the industry, particularly regarding proprietary information related to cask design modifications and the safety implications of those changes. Additionally,
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issues were raised about aging casks and the potential for long-term degradation, with some stakeholders stressing the need for more robust long-term aging management programs.
Members of the public also called for clearer regulations and better enforcement of compliance, specifically in relation to canister safety and the need for comprehensive inspections. There were concerns about the long-term safety of canisters, particularly in relation to potential cracks and degradation over time, with some questioning whether the NRC was doing enough to address these issues before they became significant safety risks. The meeting concluded with a commitment from the NRC to continue engaging with industry stakeholders and the public to refine the regulatory framework and improve the long-term safety of spent fuel storage. A list of the meeting attendees is included in this summary.
In accordance with 10 CFR Part 2, Agency Rules of Practice and Procedure, a copy of this memorandum will be available electronically for public inspection in the NRC Public Document Room (PDR) or from the Publicly Available Records component of the NRCs ADAMS. ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. The PDR is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m.
eastern time (ET), Monday through Friday, except Federal holidays.
Enclosure:
List of Attendees
ML25087A121 OFFICE NMSS/DFM/IOB NMSS/DFM/IOB NMSS/DFM/IOB NMSS/DFM/IOB NAME TTerry WWheatley TTerry for ADjapari GGeorge DATE 03/28/2025 04/02/2025 04/02/2025 04/02/2025
Enclosure LIST OF ATTENDEES Name Affiliation Robert Lewis U.S. Nuclear Regulatory Commission (NRC)
John Lubinski NRC Shana Helton NRC David Pelton NRC Patrick Moulding NRC Gerond George NRC Brett Klukan NRC Marlone Davis NRC Cinthya Roman NRC Meredith Neubauer NRC David Jones NRC David Hills NRC Tomeka Terry NRC Azmi Djapari NRC Greg Warnick NRC Nicole Coovert NRC Lee Brookhart NRC Jeffrey Josey NRC Liam ODonoghue NRC Gabriel Witter NRC Matt Learn NRC Anthony Dimitriadis NRC Aaron Kostick NRC Paula Cooper NRC Rodney McCullum Nuclear Energy Institute (NEI)
Mark Richter NEI Clarence Clay Channell Southern Nuclear Company Don Shaw TN Americas Kate Brown TN Americas Matt Block Holtec International (Holtec)
Kimberly Manzione Holtec Colin Brown Holtec Kimberly Hobbs Constellation Donna Gilmore Member of Public Jacquelyn Drechsler Member of Public