ML25211A141
| ML25211A141 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 07/28/2025 |
| 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: ML25211A141 (0) | |
Text
July 28, 2025 Docket No.: 50-255 of 1
11 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Petition Under 10 CFR 2.206 Requesting Enforcement Action Regarding Holtecs Proposed Violation of Fire Protection License Condition at Palisades Nuclear Plant Submitted by:
Alan Blind 1000 West Shawnee Road Baroda, Michigan 49101 269-303-6396 Docket No.: 50-255 Facility Name: Palisades Nuclear Plant I.
SUMMARY
INTRODUCTION This petition is submitted pursuant to 10 CFR 2.206 to request immediate enforcement action against Holtec Palisades, LLC and Palisades Energy, LLC, operators of the Palisades Nuclear Plant, for proposing to proceed
July 28, 2025 Docket No.: 50-255 of 2
11 with nuclear fuel loading on or after August 25, 2025 in violation of a binding license condition.
On July 24, 2025, the NRC issued Renewed Facility Operating License No. DPR-20 (ML25157A127), which included a clear and enforceable requirementLicense Condition C(3)(c)2mandating that Holtec must fully implement all fire protection modifications described in Table S-2 to comply with 10 CFR 50.48(c) before transitioning to an operational state.
Holtec has not completed these required modifications and instead submitted a pending License Amendment Request (ML25175A275) seeking to defer two of them.
Nonetheless, in its July 1, 2025 Readiness for Transition letter (ML25182A066), Holtec declared its intention to proceed with fuel loading on or after August 25, 2025, without completing these modifications and without NRC approval of the requested license amendment. Holtec further suggests this can be done under a fabricated and undefined No Mode operational statusa term with no basis in NRC licensing terminology or regulatory practice for plants holding operation licenses, as Holtec now does.
July 28, 2025 Docket No.: 50-255 of 3
11 This petition alleges that Holtecs plan violates the license, specifically License Condition C(3)(c)2, and NRC regulations under 10 CFR 50.54, which impose binding conditions of operation on licensees. 10 CFR 50.54 states:
The licensee shall at all times conduct operations in compliance with the terms and conditions of the license.
and Each licensee shall take reasonable steps to minimize the occurrence and consequences of fires.
10 CFR 50.54 (General Condition and subsection (w)(1))
Because the license includes specific fire protection conditionsmost notably, the requirement to complete all modifications listed in Table S-2 prior to transitionHoltecs failure to satisfy those conditions while declaring operational readiness for fuel receipt and loading into the reactor vessel, constitutes a violation of both the license and 10 CFR 50.54.
This petition requests that the NRC prohibit fuel receipt or loading at Palisades until Holtec either completes the Table S-2 fire protection upgrades or receives a formal license amendment changing its license conditions.
July 28, 2025 Docket No.: 50-255 of 4
11 II. REQUESTED ACTION The Petitioner requests that the NRC:
1.
Prohibit Holtec from entering Mode 6, Refueling, and for receiving or loading nuclear fuel at the Palisades Nuclear Plant unless and until it has either:
Completed all plant modifications required by Table S-2 to achieve full compliance with 10 CFR 50.48(c); or
Received formal NRC approval of a License Amendment Request modifying License Condition C(3)(c)2.
2.
Issue a formal written directive or Confirmatory Action Letter to Holtec and NRC staff prohibiting approval of fuel loading based on Holtecs July 1, 2025 readiness notification (ML25182A066).
3.
Clarify that fuel loading may occur only in Technical Specification Mode 6 and after the Mode 6 Limiting Conditions have been satisfied, and that no undefined No Mode status may be used to bypass this regulatory requirement.
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11 III. HOLTEC IS PROPOSING TO VIOLATE LICENSE CONDITION C(3)
(c)2 License Condition C(3)(c)2 of Renewed License DPR-20 states:
The licensee shall implement the modifications to its facility, as described in Table S-2, Plant Modifications Committed, of ENO letter PNP 2019-028 dated May 28, 2019, to complete the transition to full compliance with 10 CFR 50.48(c)...
Renewed License No. DPR-20, Amendment Nos. 272, 273, 276, pp. 5-6 (ML25157A127)
Holtec submitted a License Amendment Request on June 24, 2025 (ML25175A275), seeking to defer implementation of fire protection upgrades, including the S2-15 modification. That amendment has not been approved. Holtec remains legally bound by the license condition as written.
In its July 1, 2025 readiness letter (ML25182A066), Holtec stated:
The purpose of this letter is to report the licensing and regulatory activities needed to support the resumption of power operations at
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11 PNP and its readiness to implement the POLB. The proposed implementation date for transitioning PNP to the POLB is August 25, 2025.
ML25182A066, p. 1 While this statement alone does not explicitly mention fuel receipt and loading into the reactor vessel, the NRC Staff clarified the regulatory consequence of this declaration in its notification to the Commission on July 24, 2025(ML25205A193):
Although the Staff issued these actions today, the license amendments and exemption are conditioned such that the plant cannot return to an operational status and would not be authorized to receive or load fuel earlier than August 25, 2025. This is in line with the licensees July 1, 2025, Notification of Readiness for Transition to Power Operations Licensing Basis letter (ML25182A066).
ML25205A193, p. 1 This establishes that the NRC staff is using Holtecs July 1 letter as the basis for approving fuel receipt and loadingdespite the fact that Holtec has not completed the Table S-2 modifications license condition, and its
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11 amendment request remains under review. Proceeding with fuel loading under this basis would constitute a direct violation of License Condition C(3)(c)2 and 10 CFR 50.54, which obligates the licensee to operate in full compliance with license terms and maintain required fire protection capabilities.
IV. ADMISSIBILITY OF THIS PETITION This petition satisfies the criteria of 10 CFR 2.206 and Management Directive 8.11:
It alleges a specific regulatory violation of 10 CFR 50.54 and an enforceable license condition.
The allegation is supported by Holtecs own representations in ML25182A066, as well as NRC staff statements in ML25205A193.
The NRC has full jurisdiction to issue a Confirmatory Action Letter or enforcement order to prevent fuel loading in violation of license conditions.
V. BASIS FOR THE PETITION
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11 A. License Condition Requires Completion of All Table S-2 Modifications The license mandates that Holtec complete all modifications in Table S-2 before achieving compliance with 10 CFR 50.48(c). The condition is not optional or discretionary.
B. Holtec Admits Noncompliance and Has Not Received Amendment Approval Holtecs pending LAR (ML25175A275) acknowledges that it will not complete at least two required modifications. Without NRC approval of that amendment, Holtec remains in violation if it proceeds.
C. NRC Staff Is Preparing to Authorize Restart The NRC Restart Panel memorandum dated July 18, 2025 (ML25147A274) states:
The PRP agrees with Holtec Palisades recommendation of entering the ROP on August 25, 2025.
PNP will officially exit the decommissioning process and resume all requirements necessary for an operating plant in accordance with its license.
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11 This petitioner has no objections to entering the ROP period of oversize.
However, the license cannot support fuel receipt and loading into the reactor vessel without full compliance with its license conditions and proper entry into Mode 6.
VI. HOLTECS USE OF A FABRICATED NO MODE STATUS In its July 1, 2025 readiness letter, Holtec claims:
PNP [will] transition from decommissioning to an operational No Mode status...
ML25182A066, Enclosure p. 2 This term has no basis in the Palisades license or NRC regulations. The Standard Technical Specifications (NUREG-1431) define operational modes as:
Mode 1 - Power Operation Mode 2 - Startup Mode 3 - Hot Standby Mode 4 - Hot Shutdown
July 28, 2025 Docket No.: 50-255 of 10 11 Mode 5 - Cold Shutdown Mode 6 - Refueling (required for fuel loading)
Mode 6 is the only legal and authorized state for fuel loading, and entry into Mode 6 is contingent upon compliance with all applicable license conditions, including the full implementation of NFPA-805 upgrades.
Holtecs fabricated No Mode status attempts to bypass this condition and must be rejected. Allowing such a workaround would:
Undermine the enforceability of NRC licensing; Erode Technical Specification oversight; and Set a dangerous precedent for other facilities.
The NRC must reaffirm that Mode 6 cannot be enteredand fuel loading cannot proceedunless all license conditions are satisfied.
VII. CONCLUSION
July 28, 2025 Docket No.: 50-255 of 11 11 Holtecs plan to load fuel on or after August 25, 2025, without completing its fire protection modifications and without an approved license amendment, would constitute a direct violation of License Condition C(3)
(c)2 and 10 CFR 50.54.
This petition urges the NRC to take immediate enforcement action to prevent unlawful fuel receipt or loading and to uphold the integrity of NRC licensing and oversight.
Respectfully submitted, Alan Blind