ML25216A082
| ML25216A082 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/03/2025 |
| From: | Blind A - No Known Affiliation |
| To: | Office of Nuclear Reactor Regulation |
| Dennis Galvin | |
| References | |
| OEDO-25-00290, EPID L-2025-CRS-0000, 2.206 | |
| Download: ML25216A082 (0) | |
Text
From:
Alan Blind To:
Petition Resource Cc:
Dennis Galvin; PalisadesRestartProject; Jack Giessner
Subject:
[External_Sender] Clarification, Partial Withdrawal, and Supplement to 10 CFR 2.206 Petition Regarding License Condition 2.C.(3)(c)2 at Palisades Date:
Sunday, August 3, 2025 1:02:35 PM
Subject:
Clarification, Partial Withdrawal, and Supplement to 10 CFR 2.206 Petition Regarding License Condition 2.C.(3)(c)2 at Palisades To: Petition.Resource@nrc.gov From: Alan Blind Date: August 3, 2025 Re: Docket No. 50-255 - July 28, 2025 10 CFR 2.206 Petition (Fire Protection License Condition Enforcement)
Dear 10 CFR 2.206 Review Panel,
I am writing to provide clarification, a partial withdrawal, and an update regarding my July 28, 2025 petition submitted under 10 CFR 2.206, which raised concerns about Holtec Palisades, LLCs plan to load fuel prior to completing fire protection modifications required under License Condition 2.C.(3)(c)2.
Following direct discussions with Holtec counsel during the course of a related motion now before the Atomic Safety and Licensing Board (ASLB), we have reached limited agreement on two key points, allowing me to revise the scope of my petition accordingly.
Clarifications and Partial Withdrawal First, I no longer object to Holtecs planned entry into the Reactor Oversight Process (ROP) and its transition from decommissioning status to an operational licensing basis, as described in NRC Staffs July 24, 2025 notification to the Commission (ML25205A193). This portion of the July 28 petition is hereby formally withdrawn.
Second, because new fuel receipt, inspection, and storage activities may occur outside the reactor vessel and do not require entry into Mode 6, they do not implicate the license condition at issue. Accordingly, I also withdraw the portion of the petition related to receipt of new fuel.
Remaining Concern: License Condition Applicability to Mode 6 Entry The sole remaining issue, now clearly delineated between myself and Holtec, concerns the timing for satisfying License Condition 2.C.(3)(c)2 in relation to entry into Technical Specification Mode 6
("Refueling"). This is not an abstract concern. Holtec has publicly stated its intent to commence fuel loading operations on or after August 25, 2025, despite not having completed the fire protection modifications required by Table S-2 and not yet receiving NRC approval of its License Amendment Request (ML25175A275).
I understand that the Petition Review Board will consider the admissibility of this petition, including whether it identifies a specific regulatory or license requirement at risk of violation. In this case, License
Condition 2.C.(3)(c)2 is clearly identified, and Holtec's stated plan to load fuel under current conditions represents a concrete and imminent concern.
If I were still serving as a member of the licensees staff, and I had reason to believe that Mode 6 entry was being considered before this license condition was resolved, I would file a Condition Report within the plant's Corrective Action Program, as required by 10 CFR Part 50, Appendix B, Criterion XVI. The report would likely trigger a Mode 6 entry restraint until the issue was evaluated and closed. However, I am no longer within Holtecs organizational structure and therefore have no internal pathway to raise this issue.
The 10 CFR 2.206 petition process is my only formal means of documenting and addressing this concern.
Key Distinction: Timing of License Condition Applicability Holtec maintains that License Condition 2.C.(3)(c)2requiring implementation of fire protection modifications described in Table S-2applies only at the conclusion of a refueling outage, and must be satisfied just prior to startup (i.e., prior to entering Mode 5). The license condition states:
The licensee shall implement the modifications to its facility, as described in Table S-2... to complete the transition to full compliance with 10 CFR 50.48(c), before startup following the refueling outage.
License Condition 2.C.(3)(c)2, Renewed License DPR-20 (ML25157A127)
Holtec interprets before startup to mean just prior to exiting Mode 6, after the reactor vessel head has been replaced and torqued down.
I explained my position to Holtecand reiterate herethat this interpretation is inconsistent with longstanding NRC precedent and the safety-critical nature of Mode 6. This mode governs fuel movement and requires compliance with multiple Limiting Conditions for Operation (LCOs), including:
TS 3.9.1 - Minimum Boron Concentration TS 3.9.3 - Containment Penetration Configuration TS 3.5.2 - ECCS Injection Capability These requirements reflect the NRCs recognition that Mode 6 involves active reactivity management and presents significant radiological and operational risk. Entry into Mode 6 therefore constitutes a meaningful operational statenot merely a staging point.
The NRC Glossary defines:
Startup: An increase in the rate of fission (and heat production) in a reactor (usually by the removal of control rods from the core).
NRC Glossary, Startup Because Mode 6 involves initial reactivity changes and risk of inadvertent criticality, startup begins in principle at the onset of Mode 6. Thus, License Condition 2.C.(3)(c)2 must be satisfied prior to entry into Mode 6, not just prior to Mode 5 or higher.
This interpretation is supported by NRC enforcement precedent, including:
NUREG-1022 Rev. 3, p. 18 - License conditions are enforceable upon entry into the relevant mode.
NUREG-1600, Section 6.6 - Failure to comply with license conditions constitutes at least a Severity Level III violation.
Diablo Canyon, 58 NRC 350 (2003) - NRC upheld enforcement for mode entry prior to satisfaction of license requirements, even before power operation commenced.
Finally, Holtecs use of an undefined No Mode designation to justify plant status before fuel loading has no foundation in NRC regulations or Standard Technical Specifications (NUREG-1431). Mode 6 is the only authorized mode for fuel loading, and all associated LCOs and license conditions must be met prior to entry.
II. REVISED REQUESTED ACTION Based on these clarified understandings, the Petitioner revises and reaffirms the requested actions as follows:
The Petitioner requests that the NRC:
- 1. Take Action to Prevent Holtec from entering Mode 6 (Refueling) 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 2.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 only after Mode 6 Limiting Conditions for Operation have been fully satisfied, and that no undefined No Mode designation may be used to bypass regulatory requirements.
Conclusion While I retract the portion of my 2.206 petition concerning entry into the ROP and receipt of new fuel, I respectfully request that the NRC proceed with review and consideration of the remaining issuenamely, Holtecs stated plan to enter Mode 6 and load fuel prior to completing Table S-2 fire protection modifications or obtaining approval of its pending License Amendment Request (ML25175A275).
Please docket this letter as a formal supplement to my July 28, 2025 petition under 10 CFR 2.206.
Sincerely, Alan Blind Baroda, Michigan a.alan.blind@gmail.com (269) 303-6396