ML25199A095
| ML25199A095 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/14/2025 |
| From: | Jeremy Groom Office of Nuclear Reactor Regulation |
| To: | Lodge T, Taylor W Beyond Nuclear, Don't Waste Michigan, Law Office of Terry J. Lodge, Law Offices of Wallace L. Taylor, Michigan Safe Energy Future |
| Shared Package | |
| ML25199A053 | List: |
| References | |
| EPID L-2023-CRS-0008, OEDO-24-00011 | |
| Download: ML25199A095 (1) | |
Text
August 14, 2025 Mr. Wallace L. Taylor, Esq.
4403 1st Avenue SE, Suite 402 Cedar Rapids, IA 52402 Mr. Terry J. Lodge, Esq.
316 N. Michigan Street, Suite 520 Toledo, OH 43604-5627
SUBJECT:
DIRECTORS DECISION REGARDING DECOMMISSIONING TRUST FUND MISUSE FOR PALISADES NUCLEAR PLANT (EPID L-2023-CRS-0008)
Dear Mr. Taylor and Mr. Lodge:
By letter dated December 5, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23339A192), Beyond Nuclear, Michigan Safe Energy Future, and Dont Waste Michigan submitted a petition to intervene and a hearing request on an exemption request filed by Holtec Decommissioning International, LLC (Holtec), on behalf of Holtec Palisades, LLC, seeking to exempt the Palisades Nuclear Plant (Palisades) from certain requirements in Title 10 of the Code of Federal Regulations (10 CFR) 50.82, Termination of license (ML23271A140). On December 18, 2023 (ML23352A325), the Secretary of the Commission referred one of the petitioners contentions regarding Holtecs use of Palisades decommissioning trust fund (DTF) to the enforcement petition process under 10 CFR 2.206, Requests for action under this subpart.
You met with the petition review board (PRB) on April 10, 2024, to clarify the bases for your petition. The transcript of that meeting (ML24114A016) is considered a supplement to the petition.
On July 2, 2024 (ML24137A014), the U.S. Nuclear Regulatory Commission (NRC) staff acknowledged receiving your petition and stated that, pursuant to 10 CFR 2.206, a portion of your petition was referred to the petition manager for action and that the petition was being held in abeyance until the NRC completed a review of the 2023 expenditure report for Palisades, as it is relevant to the decision on the 10 CFR 2.206 petition. On February 20, 2025 (ML25052A070), the NRC staff informed you that the NRCs review of the 2023 expenditure report for Palisades has been completed and that the PRB will resume reviewing your petition.
As explained in the proposed directors decision (ML25097A167), the PRB recommended denying your request to take enforcement action concerning Holtecs use of the Palisades DTF.
The PRB concluded that the issues raised regarding Holtecs use of the Palisades DTF in 2023 have already been addressed through the NRCs inspection and enforcement process, that violations related to these inspection findings have already been cited, and that there is no indication that withdrawals from the DTF were for restart-specific activities. Therefore, there is an insufficient basis on which to take further enforcement action against Holtec.
W. Taylor, et al.
The NRC staff sent a copy of the proposed directors decision to you and to Holtec for comment on June 18, 2025 (ML25097A168, ML25097A169). You responded with comments on July 2, 2025 (ML25183A399), and the licensee did not provide any comments. The comments and the staffs responses to them are included as an attachment to the directors decision.
For the reasons provided in the enclosed directors decision (DD-25-02), I have determined that the actions requested in the petition will not be granted in whole or in part.
A copy of DD-25-02 will be filed with the Secretary of the Commission for review by the Commission, in accordance with 10 CFR 2.206(c). As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time.
The documents cited in the enclosed decision are available in ADAMS in the NRCs library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, who encounter problems in accessing the documents located in ADAMS, or who want to inspect publicly available documents at the NRCs Public Document Room at 11555 Rockville Pike, Rockville, Maryland 20852, should contact the NRCs Public Document Room reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by email at pdr.resource@nrc.gov.
The notice of Issuance of the Directors Decision Under 10 CFR 2.206 will be filed with the Office of the Federal Register for publication.
I would like to acknowledge your efforts in bringing the issues to the attention of the NRC.
Please feel free to contact Zach Turner, petition manager, at Zachary.Turner@nrc.gov, or by telephone at 301-415-2258, to discuss any questions related to this petition.
Sincerely, Jeremy Groom, Acting Deputy Director, Reactor Safety Programs and Corporate Support Office of Nuclear Reactor Regulation Docket No. 50-255
Enclosure:
Directors Decision DD-25-02 cc: Listserv JEREMY GROOM Digitally signed by JEREMY GROOM Date: 2025.08.14 08:52:38 -04'00'
ENCLOSURE DIRECTORS DECISION ADAMS ACCESSION NO. ML25199A096
ML25199A053 (Package)
ML25199A095 (Letter)
ML25199A096 (Directors Decision)
- via eConcurrence NRR-106 OFFICE NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-1/LA NMSS/REFS/FAB NMSS/DUWP/RDB NAME ZTurner KZeleznock (PBlechman for)
RTurtil MDoell DATE 7/21/2025 7/24/2025 7/28/2025 7/24/2025 OFFICE R-III/DRSS/DRIHPB NRR/DORL/LPL2-2/BC QTE/Tech. Editor NMSS/REFS/DD NAME VMyers DWrona KAzariah-Kribbs MRalph DATE 7/24/2025 7/29/2025 8/10/2025 7/31X/2025 OFFICE NRR/DORL/D (Acting)
OGC - NLO NRR/D NRR/DORL/D (Acting)
NAME JPelton RCarpenter JGroom ARivera-Varona DATE 8/5/2025 8/12/2025 8/14/2025 8/14/2025 OFFICE NRR/DORL/LPL2-1/PM NAME ZTurner DATE 8/14/2025