ML25199A177
| ML25199A177 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 07/17/2025 |
| From: | Blind A - No Known Affiliation |
| To: | Office of Nuclear Reactor Regulation |
| Dennis Galvin | |
| Shared Package | |
| ML25157A008 | List: |
| References | |
| OEDO-25-00290, EPID L-2025-CRS-0000 | |
| Download: ML25199A177 (0) | |
Text
10 CFR 2.206 Petition Request for Enforcement Action Against Holtec Decommissioning International, LLC For Submission of a Materially False Statement Regarding NFPA-805 Fire Protection Modifications at Palisades Nuclear Plant Submitted by:
Alan Blind 1000 West Shawnee Road Baroda, Michigan 49101 a.alan.blind@gmail.com I. Summary of Petition This petition is submitted pursuant to 10 CFR 2.206 and seeks NRC enforcement action against Holtec Decommissioning International, LLC (HDI), for making a materially false statement to the NRC during a formal public observation meeting held on August 1, 2024, where Holtec was providing status information to the NRC Palisades Restart Panel. Specifically, in providing status information on the
Palisades restart project, Holtecs Director of Engineering stated at that meeting that all 22 NFPA-805 fire protection modifications would be completed prior to the restart of the Palisades Nuclear Plant. However, in a License Amendment Request (LAR) dated June 24, 2025 (ML25175A275), Holtec disclosed that two of those modifications would not be completed prior to restart. Holtec had ample time between the August 1, 2024 meeting and the June, 2025 LAR to correct or clarify its statements, yet failed to do so.
This contradiction constitutes a violation of 10 CFR 50.9(a), which requires that all information provided to the NRC by a licensee be complete and accurate in all material respects. The statement was made during an NRC-hosted observation meeting, where licensee statements are part of the Commission's regulatory process. The NRC subsequently cited this statement in its October 18, 2024 response to Question 14 from the undersigned (ML24291A244), confirming that it relied on Holtecs August 1, 2024 assertion when communicating with the public.
The statement was made by Holtecs Director of Engineeringa position with direct knowledge of all modifications and their statusand therefore could not have been made unknowingly. Holtec had nearly a year between the August 1
meeting and its contradictory LAR to correct the record and did not. The NRC must treat this as a willful or reckless material false statement.
II. Basis for Enforcement Under 10 CFR 50.9 10 CFR 50.9(a) states:
"Information provided to the Commission by an applicant for a license or by a licensee... shall be complete and accurate in all material respects."
This applies to verbal and written statements made in public meetings where the NRC is conducting regulatory business. The August 1, 2024 meeting was formally classified as an Observation Meeting, described in NRC Meeting Notice ML24200A204 as:
"This is an Observation Meeting. This is a meeting in which attendees will have an opportunity to observe the NRC performing its regulatory function or discussing regulatory issues."
Statements made by licensees at such meetings are part of the regulatory record and are relied upon by NRC staff. Holtecs false statement falls squarely within the scope of 10 CFR 50.9.
III. Timeline of the False Statement and Contradiction August 1, 2024: Holtec's Director of Engineering stated: Palisades will install all 22 NFPA-805 modifications prior to restart. (Slide 9, ML24212A345)
October 18, 2024: NRC cited this statement in its response to the undersigned's Question 14, affirming: These modifications will be implemented and inspected prior to restart. (ML24291A244)
June 24, 2025: Holtec submitted an LAR (ML25175A275) stating that two modifications (S2-13 and S2-15) would not be completed prior to restart.
IV. Demonstration of Knowledge and Intent
The statement was made by Holtecs Director of Engineering, who had full visibility of the status of all NFPA-805 modifications. Holtec did not correct or clarify its public statement for nearly a year. The June 2025 LAR demonstrates that Holtec either knew or should have known that not all modifications would be completed prior to restart. This delay and inconsistency reflect more than mere oversightthey meet the threshold for willful or reckless misrepresentation.
V. NRC Reliance on the False Statement In NRCs October 18, 2024 response (ML24291A244), the agency affirmed Holtecs statement:
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.
This confirms that the NRC relied on the August 1, 2024 statement as factual and used it to inform the public, reinforcing the material nature of the misrepresentation.
VI. Requested NRC Action I respectfully request that the NRC:
1.
Initiate a formal investigation into whether Holtec violated 10 CFR 50.9(a) by making a materially false statement at the August 1, 2024 meeting.
2.
Issue a Notice of Violation or civil penalty, consistent with NRC enforcement practices for false statements.
3.
Require Holtec to publicly correct the record regarding the NFPA-805 modification status.
4.
Withhold any licensing approvals related to Palisades restart until Holtecs compliance credibility is reestablished.
VII. Certification I certify that the information provided in this petition is true and complete to the best of my knowledge, as required by 10 CFR 2.304(d).
Respectfully submitted, Alan Blind 1000 West Shawnee Road Baroda, Michigan 49101 a.alan.blind@gmail.com