NRC-2024-0130, Part Two: Supplemental Filing to Further Strengthen the Argument That Holtecs Proposed Use of 50.59 Is Flawed and Requires NRC Oversight, Based on NEI 96-07 Guidelines for 10 CFR 50.59 Implementation
| ML24271A037 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 09/27/2024 |
| From: | Blind A - No Known Affiliation |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 57126, ASLBP 24-986-01-LA-BD01, 50-255-LA-3, NRC-2024-0130 | |
| Download: ML24271A037 (0) | |
Text
September 27, 2024 Docket No. 50-255 of 1
11 Part Two: Supplemental Filing to Further Strengthen the Argument that Holtecs Proposed Use of § 50.59 Is Flawed and Requires NRC Oversight, Based on NEI 96-07 Guidelines for 10 CFR 50.59 Implementation Docket No. 50-255; NRC-2024-0130
Subject:
Supplemental - Part Two: Filing to Strengthen the Argument that Holtecs Use of § 50.59 is Flawed, Based on NEI 96-07 Guidelines for 10 CFR 50.59 Implementation Date: September 26, 2024 To: Members of the Licensing Board From: Alan Blind, Representative for the Joint Petitioners Prelude: Summary of Contention Two on FSAR and § 50.59 Contention Two of the petition (page 51) asserts that Holtec's proposal to update the Defueled Safety Analysis Report (DSAR) to the operating Final Safety Analysis Report (FSAR) using the 10 CFR § 50.59 process is flawed. The petition argues that Holtecs reliance on § 50.59 to reinstate accident analyses and safety
September 27, 2024 Docket No. 50-255 of 2
11 classifications exceeds the scope of this regulation and requires formal NRC review and approval due to the significance of these changes. If § 50.59 is determined by the NRC to be acceptable for use, and if NRC requires Holtec to perform the reviews in accordance with widely accepted guidance, such as NEI-96-07, then, Holtec will face many unreviewed safety questions that will require NRC approval. On the other hand, if the board agrees with the petitioners' view that Holtecs proposed use of § 50.59 is flawed, Holtec must instead be required by the NRC staff to follow the PSAR/FSAR update process as outlined in
§ 52.157, "Contents of applications; technical information in final safety analysis report, ensuring a more comprehensive and transparent NRC approval process.
The NEI 96-07 Guidelines for 10 CFR 50.59 Implementation provide the framework for how licensees can make changes to their facilities without prior NRC approval, as long as those changes do not affect the plants licensing basis or increase risks beyond the established thresholds. The guidelines clarify that any changes to methods of evaluation, safety-related SSCs, or accident analyses must undergo a thorough review to ensure that they do not introduce new safety concerns. These guidelines are essential to maintain consistency, and the integrity of the safety framework established by the NRC, ensuring that unapproved changes do not compromise public safety.
September 27, 2024 Docket No. 50-255 of 3
11 NRCs Lack of Regulatory Clarity and Transparency Regarding NEI 96-07 in Holtecs Palisades Proposal Despite the widespread use of NEI 96-07 by all operating utilities to guide the implementation of 10 CFR 50.59, its use remains a guideline, not a mandatory requirement. This represents another instance of the NRC shirking its regulatory mission by failing to establish clear rules, effectively allowing licensees like Holtec to select which rules to follow. The lack of mandatory requirements and transparency in the NRCs oversight creates a scenario where the public cannot ascertain whether Holtec intends to use NEI 96-07 in its proposal to restart Palisades. This uncertainty underscores the need for the Licensing Board to act upon the petitioners' requested actions, as outlined in the full petition.
Due to the history of NEI 96-07 and its extensive use in the industry, it is troubling that in the case of Holtecs proposed startup of Palisades, as outlined in Contention Two of the petition, it remains unknown whether Holtec plans to use NEI 96-07 and if the NRC requires its application. Furthermore, it is unclear how NEI 96-07 would be used given the unique legal circumstances surrounding Palisades. With the § 50.82 certifications already submitted, the legal argument
September 27, 2024 Docket No. 50-255 of 4
11 outlined in the full petition suggests that there is currently no active FSAR for Holtec to perform an "unreviewed safety question" analysis under § 50.59. This ambiguity further justifies the need for the Licensing Boards intervention and oversight to ensure regulatory transparency and public accountability.
- 1. Holtecs Misapplication of § 50.59 in ML23348A148 Document
Title:
"Regulatory Path to Reauthorize Power Operations for the Palisades Nuclear Plant" ML Number: ML23348A148 Holtec states:
"The Updated Final Safety Analysis Report (UFSAR), now titled the Defueled Safety Analysis Report (DSAR), will be updated, via the 10 CFR 50.59, Changes, tests and experiments, process to reflect the docketed version that was in effect prior to the 10 CFR 50.82(a)(1) certifications. Any DSAR retained changes to UFSAR Revision 35 will be evaluated via the 50.59 process against UFSAR Revision 35 to determine if NRC approval is required prior to exiting the period of decommissioning."
September 27, 2024 Docket No. 50-255 of 5
11 Holtec further notes:
"The DSAR change back to the PNP POLB UFSAR will be accomplished under the 10 CFR 50.59 process and be implemented coincident with the associated license amendments."
NEI 96-07 Analysis NEI 96-07, Section 4.3.1, specifies that § 50.59 evaluations should not be used if the proposed activity would involve a "departure from a method of evaluation described in the UFSAR." Holtecs proposed changes, which involve the reclassification of SSCs and reinstatement of accident analyses, would fundamentally alter the plant's licensing basis. This exceeds the threshold for what is permissible under § 50.59 and demands NRC review and approval.
- 2. Holtecs Use of § 50.59 in ML23072A404 Document
Title:
"Request to Revise Operating License and Technical Specifications to Support Resumption of Power Operations for the Palisades Nuclear Plant" ML Number: ML23072A404
September 27, 2024 Docket No. 50-255 of 6
11 Holtec states:
"The DSAR will be updated, via the 10 CFR 50.59 process, to reflect the docketed version that was in effect prior to the 10 CFR 50.82(a)(1) certifications. Any DSAR retained changes to UFSAR Revision 35 will be evaluated via the 50.59 process."
Holtec also asserts:
"Reinstatement of accident analyses and the safety reclassification of systems, structures, and components (SSCs) required to support the Palisades Nuclear Plant power operations licensing basis (POLB) will occur under the 50.59 process."
NEI 96-07 Analysis NEI 96-07, Section 4.2, emphasizes the importance of a rigorous screening process to evaluate whether proposed changes meet the criteria for § 50.59. Holtec has not provided sufficient documentation to demonstrate that its proposed will undergo the required screening process. NEI 96-07 also states that changes involving design functions or accident analyses exceed the scope of § 50.59 and require formal NRC review.
- 3. Holtecs Misuse of § 50.59 for Reclassifications and Accident Analyses
September 27, 2024 Docket No. 50-255 of 7
11 Document Titles:
ML23348A148: "Regulatory Path to Reauthorize Power Operations for the Palisades Nuclear Plant" ML23072A404: "Request to Revise Operating License and Technical Specifications to Support Resumption of Power Operations for the Palisades Nuclear Plant" In both documents, Holtec proposes:
"Reinstatement of accident analyses and reclassification of SSCs will be evaluated via the 50.59 process against UFSAR Revision 35 to determine if NRC approval is required."
NEI 96-07 Analysis According to NEI 96-07, Section 4.3.8, changes that involve a departure from methods of evaluation previously used in the UFSAR require NRC review under § 50.59(c)(2)(viii). Holtecs proposal to update SSC classifications and accident analyses represents a significant departure from the approved methods and must be subjected to NRC review. Bypassing this review introduces safety risks, as unreviewed changes could affect plant operations.
September 27, 2024 Docket No. 50-255 of 8
11
- 4. Risks Associated with Reclassifying SSCs and Updating Accident Analyses Document Titles:
ML23348A148: "Regulatory Path to Reauthorize Power Operations for the Palisades Nuclear Plant" ML23072A404: "Request to Revise Operating License and Technical Specifications to Support Resumption of Power Operations for the Palisades Nuclear Plant" Holtec references:
"Changes made to the UFSAR after Revision 35 will be evaluated for retention, to the extent appropriate for an operating plant, via the 50.59 process."
NEI 96-07 Analysis Section 4.3.3 of NEI 96-07 highlights that changes involving the reclassification of SSCs essential to the plants defense-in-depth strategy or safety functions require NRC review. Reclassifying SSCs under § 50.59 without formal approval risks compromising the plants ability to respond to accident scenarios effectively.
Further Complexity with SEP and NUREG-0820
September 27, 2024 Docket No. 50-255 of 9
11 Further, as outlined in Contention Two, Palisades was originally licensed using NUREG-0820, the Systematic Evaluation Program (SEP), to transition from a conditional operating license to a full-term license. This background adds significant complexity to the issue of allowing Holtec, through implicit approval, to proceed with its proposed use of 10 CFR 50.59. The reliance on the SEP during the initial licensing process raises concerns about whether the current licensing basis is adequately preserved, and whether 10 CFR 50.59 can be appropriately applied given the unique history and licensing evolution of Palisades. These factors further support the argument that Holtecs proposed actions require formal NRC oversight, rather than being permitted through indirect or tacit approval.
Note on Scope, From the Full Petition:
Scope, Note One, All Contentions: This petition refers to ML23072A404, "Request to Revise Operating License and Technical Specifications to Support Resumption of Power Operations at the Palisades Nuclear Plant," which is not listed on the list of documents in scope. Holtec has relied on statements in this submittal to justify the in scope License Amendment Requests. Petitioner contends ML23072A404 is now in scope based on:
September 27, 2024 Docket No. 50-255
of 10 11 Direct Connection: ML23072A404 directly supports or underpins the in-scope documents. Since the in-scope documents are already part of the proceeding, the basis document is inherently relevant and should be included for a full understanding of the arguments and evidence.
Foundation for Decision-Making: In-scope submittals cannot be fully evaluated without considering the basis document. The ripeness of the issue depends on the completeness of the record, which includes all supporting documents.
Conclusion Holtecs proposed use of § 50.59 to reclassify SSCs, update accident analyses, and revise the DSAR to UFSAR, as referenced in both ML23348A148 and ML23072A404, is inconsistent with the NEI 96-07 Guidelines for 10 CFR 50.59 Implementation. These changes represent significant modifications to the plants licensing basis and safety functions, which demand formal NRC review and approval. The NRC should deny Holtecs use of § 50.59 for these activities and require a comprehensive PSAR submittal and NRC approval/FSAR process to ensure safety and regulatory compliance.
September 27, 2024 Docket No. 50-255
of 11 11 Declaration of Alan Blind Part Two: Supplemental Filing to Further Strengthen the Argument that Holtecs Proposed Use of § 50.59 Is Flawed and Requires NRC Oversight, Based on NEI 96-07 Guidelines for 10 CFR 50.59 Implementation