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{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
                                                  )
Holtec Decommissioning International, LLC          )  05000219
                                                  )
Oyster Creek Nuclear Generating Station            )  DPR-16
                                                  )
                                                  )  EA-21-041 CONFIRMATORY ORDER MODIFYING LICENSE I
Holtec Decommissioning International, LLC (HDI or Licensee) is the holder of Renewed Facility Operating License No. DPR-16 issued on June 3, 2009, by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 50 of Title 10 of the Code of Federal Regulations (10 CFR). The license authorizes the operation of Oyster Creek Nuclear Generating Station (facility) in accordance with conditions specified therein. The facility is located on the Licensee's site in Forked River, New Jersey.
This Confirmatory Order is the result of an agreement reached during an Alternative Dispute Resolution (ADR) mediation session conducted by video conference on October 14, 2021.
II On March 13, 2020, the NRC Office of Investigations (OI), Region I Field Office opened an investigation (OI Case No. 1-2020-007) at Oyster Creek. The investigation, 1


which was completed on March 11, 2021, evaluated whether a (now-former) training superintendent at Oyster Creek, who was also responsible for performing armorer duties, deliberately failed to perform firearms maintenance activities and falsified records related to those activities. Based on the evidence gathered during the investigation, the NRC determined that the armorer deliberately failed to perform certain required firearms maintenance activities for calendar year 2019, that the armorer deliberately falsified records related to these activities, and that these falsified records were submitted to the NRC in response to an April 10, 2020, information request.
In the Matter of
Specifically, the NRC identified that on the Licensees 2019 firearms maintenance and testing logs that the Licensee submitted to the NRC in response to an information request for an NRC security inspection, the fields for date and performed by for annual material condition inspections were left blank, indicating to the NRC that the Licensee did not conduct this activity. On March 16, 2020, the armorer told an NRC Region I security inspector that Oyster Creek staff no longer performed this inspection and that the procedure was being changed to remove the requirement. However, the armorer acknowledged that the procedure change had not yet happened. Subsequently, in response to an April 10, 2020, information request from OI, the Licensee resubmitted its firearms logs to the NRC, and the date and performed by fields were filled out, which would indicate that the Licensee had completed the annual material condition inspections. The armorer informed OI that he filled in these fields after talking to the NRC inspector. He stated that he probably did not perform the inspections but maintained that he did not exactly remember what he did. The NRC determined that the annual material inspections were not performed in 2019 due to the armorers deliberate failure to perform them and that the armorer deliberately falsified the records provided to the NRC to indicate that the inspections had been performed.
)
2
Holtec Decommissioning International, LLC ) 05000219
)
Oyster Creek Nuclear Generating Station ) DPR-16
)
) EA-21- 041


The NRC concluded that the deliberate failure of the armorer to perform required annual material condition inspections of firearms for calendar year 2019 caused the Licensee to be in violation of Title 10 of the Code of Federal Regulations (10 CFR) Part 73, Appendix B, Criterion VI.G, Weapons, Personal Equipment, and Maintenance, and procedures required by the Commission-approved Oyster Creek Training and Qualification Plan. Specifically, 10 CFR Part 73, Appendix B, Criterion VI.G, Weapons, Personal Equipment, and Maintenance, Section 3(a), Firearms maintenance program, requires that each Licensee shall implement a firearms maintenance and accountability program in accordance with the Commission regulations and the Commission-approved training and qualification plan. The program must include, in part: (1) Semiannual test firing for accuracy and functionality; (2) Firearms maintenance procedures that include cleaning schedules and cleaning requirements; (3) Program activity documentation; and (4) Control and accountability (weapons and ammunition). The Oyster Creek Training and Qualification Plan is Appendix B to the sites Physical Security Plan. Section 20.5 of Revision 18 of the Training and Qualification Plan states, in part, that a testing and maintenance program for all assigned firearms is established to ensure that the firearms and related accessories function as intended. The program is described in facility procedures. Oyster Creek procedure SY-AA-150-103, Revision 0, Firearms Maintenance, Testing, and Accountability, constitutes the facility procedure for the testing, cleaning, and inspecting of security weapons. Step 4.2.4.2 states, in part, annually, perform the material condition inspection on all duty firearms. Step 2.3, in terms and definitions, defines "annual" as once per calendar year.
CONFIRMATORY ORDER MODIFYING LICENSE
The NRC determined that the armorers deliberate actions also caused the Licensee to provide information to the NRC regarding the annual material inspections of 3


firearms that was not complete and accurate in all material respects, contrary to 10 CFR 50.9(a). Specifically, 10 CFR 50.9(a) requires, in part, that information provided to the Commission by a Licensee or information required by the Commission's regulations to be maintained by the Licensee shall be complete and accurate in all material respects.
I
10 CFR 73.70(e) states, in part, that each Licensee subject to the provisions of 10 CFR 73.55 shall keep documentation of all tests, inspections, and maintenance performed on security related equipment used pursuant to the requirements of this part for three years from the date of documenting the event. 10 CFR 73.55(a)(1) indicates that the Section applies to nuclear power reactor licensees that are licensed under 10 CFR Part 50.
Logs submitted to the NRC in response to an April 10, 2020, information request documented that annual material condition inspections had been performed on each of the Licensees duty firearms; however, the Licensee had not performed the inspections.
This information is material to the NRC because the NRC requires testing and maintenance of weapons to ensure they are in acceptable working condition. Accurate recordkeeping of such activities ensures that the weapons maintenance program is fulfilling these requirements.
Through the investigation, the NRC also identified a third violation involving the failure by the armorer to perform required biennial firearms parts replacement. The NRC did not find sufficient evidence to conclude that this failure was willful. However, the failure caused the Licensee to be in violation of 10 CFR Part 73, Appendix B, Criterion VI.G, Weapons, Personal Equipment, and Maintenance, Section 3(a), Firearms maintenance program, which requires that each Licensee shall implement a firearms maintenance and accountability program in accordance with the Commission regulations and the Commission-approved training and qualification plan. The program must include, in part: (1) Semiannual test firing for accuracy and functionality; (2) Firearms 4


maintenance procedures that include cleaning schedules and cleaning requirements; (3)
Holtec Decommissioning International, LLC (HDI or Licensee) is the holder of
Program activity documentation; and (4) Control and accountability (weapons and ammunition). The Oyster Creek Training and Qualification Plan is Appendix B to the sites Physical Security Plan. Section 20.5 of Revision 18 of the Training and Qualification Plan states, in part, that a testing and maintenance program for all assigned firearms is established to ensure that the firearms and related accessories function as intended. The program is described in facility procedures. Oyster Creek procedure SY-AA-150-103, Revision 0, Firearms Maintenance, Testing, and Accountability, constitutes the facility procedure for the testing, cleaning, and inspecting of security weapons. Step 4.2.5, states, replace the following components on duty rifles biennially: hammer spring, trigger spring, disconnector spring, extractor spring, ejector spring, and gas rings. SY-AA-150-103-F-04, Rifle Material Condition Inspection/
Functionality/ Accuracy Tests states, in part, biennially, replace the following components on contingency rifles and note this as being completed in the weapons maintenance log. Step 2.7 defines "biennial" as at least once every two years.
By letter, dated July 28, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21176A049), the NRC notified the Licensee of the results of the investigation with an opportunity to: (1) provide a response in writing, (2) attend a predecisional enforcement conference or (3) to participate in an ADR mediation session in an effort to resolve this matter.
In response to the NRCs offer, the Licensee requested the use of the NRCs ADR process to resolve differences it had with the NRC. On October 14, 2021, the NRC and the Licensee met in an ADR session mediated by a professional mediator, arranged through Cornell Universitys Institute on Conflict Resolution. The ADR process is one in 5


which a neutral mediator, with no decision-making authority, assists the parties in reaching an agreement on resolving any differences regarding the dispute. This Confirmatory Order is issued pursuant to the agreement reached during the ADR process.
Renewed Facility Operating License No. DPR-16 issued on June 3, 2009, by the U.S.
III During the ADR session, the Licensee and the NRC reached a preliminary settlement agreement. The elements of the agreement include the following:
 
Whereas, the NRC acknowledges that HDI has taken several corrective actions in response to the violations at Oyster Creek Nuclear Generating Station (Oyster Creek) so as to preclude the occurrence of similar violations in the future. These actions include:
Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 50 of Title 10 of
: 1. Denying the former superintendents unescorted access authorization and denoting his entry in the Personnel Access Data System to indicate that there is additional information.
 
: 2. Performing an internal fact-finding and accountability investigation and an apparent cause evaluation, which resulted in the following corrective measures:
the Code of Federal Regulations (10 CFR). The license authorizes the operation of
: a. Revising the firearms maintenance, testing, and accountability procedure to remove the requirement to replace parts biennially;
 
: b. Completing the initial development of an electronic application that will track weapons upon their removal from their assigned positions; 6
Oyster Creek Nuclear Generating Station (facility) in accordance with conditions
: c. Holding face-to-face meetings between the Oyster Creek Security Manager and site armorers to ensure understanding of procedural requirements, complete and accurate recordkeeping, and accurate ammunition accounting, including logging unused ammunition returned to the armory after range activities;
 
: d. Conducting, over a two-month period, spot checks of security personnel logging security weapons, ammunition, and equipment into and out of the armory and performing ammunition counts.
specified therein. The facility is located on the Licensee's site in Forked River, New
: 3. Creating the position of Fleet Director of Security Operations and appointing an experienced nuclear security manager to the position as a concurrent role.
 
Jersey.
 
This Confirmatory Order is the result of an agreement reached during an
 
Alternative Dispute Resolution (ADR) mediation session conducted by video conference
 
on October 14, 2021.
 
II
 
On March 13, 2020, the NRC Office of Investigations (OI), Region I Field Office
 
opened an investigation (OI Case No. 1-2020-007) at Oyster Creek. The investigation,
 
1 which was completed on March 11, 2021, evaluated whether a (now -former) training
 
superintendent at Oyster Creek, who was also responsible for performing armorer
 
duties, deliberately failed to perform firearms maintenance activities and falsified records
 
related to those activities. Based on the evidence gathered during the investigation, the
 
NRC determined that the armorer deliberately failed to perform certain required firearms
 
maintenance activities for calendar year 2019, that the armorer deliberately falsified
 
records related to these activities, and that these falsified records were submitted to the
 
NRC in response to an April 10, 2020, information request.
 
Specifically, the NRC identified that on the Licensees 2019 firearms
 
maintenance and testing logs that the Licensee submitted to the NRC in response to an
 
information request for an NRC security inspection, the fields for date and performed
 
by for annual material condition inspections were left blank, indicating to the NRC that
 
the Licensee did not conduct this activity. On March 16, 2020, the armorer told an NRC
 
Region I security inspector that Oyster Creek staff no longer performed this inspection
 
and that the procedure was being changed to remove the requirement. However, the
 
armorer acknowledged that the procedure change had not yet happened. Subsequently,
 
in response to an April 10, 2020, information request from OI, the L icensee resubmitted
 
its firearms logs to the NRC, and the date and performed by fields were filled out,
 
which would indicate that the L icensee had completed the annual material condition
 
inspections. The armorer informed OI that he filled in these fields after talking to the
 
NRC inspector. He stated that he probably did not perform the inspections but
 
maintained that he did not exactly remember what he did. The NRC determined that the
 
annual material inspections were not performed in 2019 due to the armorers deliberate
 
failure to perform them and that the armorer deliberately falsified the records provided to
 
the NRC to indicate that the inspections had been performed.
 
2 The NRC concluded that the deliberate failure of the armorer to perform required
 
annual material condition inspections of firearms for calendar year 2019 caused the
 
Licensee to be in violation of Title 10 of the Code of Federal Regulations (10 CFR) Part
 
73, Appendix B, Criterion VI.G, Weapons, Personal Equipment, and Maintenance, and
 
procedures required by the Commission-approved Oyster Creek Training and
 
Qualification Plan. Specifically, 10 CFR Part 73, Appendix B, Criterion VI.G, Weapons,
 
Personal Equipment, and Maintenance, Section 3(a), Firearms maintenance program,
 
requires that each Licensee shall implement a firearms maintenance and accountability
 
program in accordance with the Commission regulations and the Commission-approved
 
training and qualification plan. The program must include, in part: (1) Semiannual test
 
firing for accuracy and functionality; (2) Firearms maintenance procedures that include
 
cleaning schedules and cleaning requirements; (3) Program activity documentation; and
 
(4) Control and accountability (weapons and ammunition). The Oyster Creek Training
 
and Qualification Plan is Appendix B to the sites Physical Security Plan. Section 20.5 of
 
Revision 18 of the Training and Qualification Plan states, in part, that a testing and
 
maintenance program for all assigned firearms is established to ensure that the firearms
 
and related accessories function as intended. The program is described in facility
 
procedures. Oyster Creek procedure SY -AA-150-103, Revision 0, Firearms
 
Maintenance, Testing, and Accountability, constitutes the facility procedure for the
 
testing, cleaning, and inspecting of security weapons. Step 4.2.4.2 states, in part,
 
annually, perform the material condition inspection on all duty firearms. Step 2.3, in
 
terms and definitions, defines "annual" as once per calendar year.
 
The NRC determined that the armorers deliberate actions also caused the
 
Licensee to provide information to the NRC regarding the annual material inspections of
 
3 firearms that was not complete and accurate in all material respects, contrary to 10 CFR
 
50.9(a). Specifically, 10 CFR 50.9(a) requires, in part, that information provided to the
 
Commission by a Licensee or information required by the Commission's regulations to
 
be maintained by the L icensee shall be complete and accurate in all material respects.
 
10 CFR 73.70(e) states, in part, that each L icensee subject to the provisions of 10 CFR
 
73.55 shall keep documentation of all tests, inspections, and maintenance performed on
 
security related equipment used pursuant to the requirements of this part for three years
 
from the date of documenting the event. 10 CFR 73.55(a)(1) indicates that the S ection
 
applies to nuclear power reactor licensees that are licensed under 10 CFR Part 50.
 
Logs submitted to the NRC in response to an April 10, 2020, information request
 
documented that annual material condition inspections had been performed on each of
 
the Licensees duty firearms; however, the L icensee had not performed the inspections.
 
This information is material to the NRC because the NRC requires testing and
 
maintenance of weapons to ensure they are in acceptable working condition. Accurate
 
recordkeeping of such activities ensures that the weapons maintenance program is
 
fulfilling these requirements.
 
Through the investigation, the NRC also identified a third violation involving the
 
failure by the armorer to perform required biennial firearms parts replacement. The NRC
 
did not find sufficient evidence to conclude that this failure was willful. However, the
 
failure caused the L icensee to be in violation of 10 CFR Part 73, Appendix B, Criterion
 
VI.G, Weapons, Personal Equipment, and Maintenance, Section 3(a), Firearms
 
maintenance program, which requires that each Licensee shall implement a firearms
 
maintenance and accountability program in accordance with the Commission regulations
 
and the Commission-approved training and qualification plan. The program must
 
include, in part: (1) Semiannual test firing for accuracy and functionality; (2) Firearms
 
4 maintenance procedures that include cleaning schedules and cleaning requirements; (3)
 
Program activity documentation; and (4) Control and accountability (weapons and
 
ammunition). The Oyster Creek Training and Qualification Plan is Appendix B to the
 
sites Physical Security Plan. Section 20.5 of Revision 18 of the Training and
 
Qualification Plan states, in part, that a testing and maintenance program for all
 
assigned firearms is established to ensure that the firearms and related accessories
 
function as intended. The program is described in facility procedures. Oyster Creek
 
procedure SY-AA-150-103, Revision 0, Firearms Maintenance, Testing, and
 
Accountability, constitutes the facility procedure for the testing, cleaning, and inspecting
 
of security weapons. Step 4.2.5, states, replace the following components on duty rifles
 
biennially: hammer spring, trigger spring, disconnector spring, extractor spring, ejector
 
spring, and gas rings. SY-AA-150- 103-F-04, Rifle Material Condition Inspection/
 
Functionality/ Accuracy Tests states, in part, biennially, replace the following
 
components on contingency rifles and note this as being completed in the weapons
 
maintenance log. Step 2.7 defines "biennial" as at least once every two years.
 
By letter, dated July 28, 2021 (Agencywide Documents Access and Management
 
System (ADAMS) Accession No. ML21176A049), the NRC notified the Licensee of the
 
results of the in vestigation with an opportunity to: (1) provide a response in writing, (2)
 
attend a predecisional enforcement conference or (3) to participate in an ADR mediation
 
session in an effort to resolve this matter.
 
In response to the NRCs offer, the Licensee requested the use of the NRCs
 
ADR process to resolve differences it had with the NRC. On October 14, 2021, the NRC
 
and the Licensee met in an ADR session mediated by a professional mediator, arranged
 
through Cornell Universitys Institute on Conflict Resolution. The ADR process is one in 5
which a neutral mediator, with no decision-making authority, assists the parties in
 
reaching an agreement on resolving any differences regarding the dispute. This
 
Confirmatory Order is issued pursuant to the agreement reached during the ADR
 
process.
 
III
 
During the ADR session, the Licensee and the NRC reached a preliminary
 
settlement agreement. The elements of the agreement include the following:
 
Whereas, the NRC acknowledges that HDI has taken several corrective actions in
 
response to the violations at Oyster Creek Nuclear Generating Station (Oyster Creek) so
 
as to preclude the occurrence of similar violations in the future. These actions include:
: 1. Denying the former superintendents unescorted access authorization and denoting
 
his entry in the Personnel Access Data System to indicate that there is additional
 
information.
: 2. Performing an internal fact-finding and accountability investigation and an apparent
 
cause evaluation, which resulted in the following corrective measures:
: a. Revising the firearms maintenance, testing, and accountability procedure to
 
remove the requirement to replace parts biennially;
: b. Completing the initial development of an electronic application that will track
 
weapons upon their removal from their assigned positions;
 
6
: c. Holding face-to-face meetings between the Oyster Creek Security Manager and
 
site armorers to ensure understanding of procedural requirements, complete and
 
accurate recordkeeping, and accurate ammunition accounting, including logging
 
unused ammunition returned to the armory after range activities;
: d. Conducting, over a two-month period, spot checks of security personnel logging
 
security weapons, ammunition, and equipment into and out of the armory and
 
performing ammunition counts.
: 3. Creating the position of Fleet Director of Security Operations and appointing an
 
experienced nuclear security manager to the position as a concurrent role.
: 4. Initiating development of a standardized set of fleet security procedures.
: 4. Initiating development of a standardized set of fleet security procedures.
Therefore, the parties agree to the following terms and conditions:
Therefore, the parties agree to the following terms and conditions:
: 1. Terms and Conditions to be taken by HDI:
: 1. Terms and Conditions to be taken by HDI:
A. Items to Assure Restoration of Compliance:
A. Items to Assure Restoration of Compliance:
: 1. Within 60 days of the date of the Confirmatory Order, HDI shall prepare a report of the maintenance status of all in-service and contingency weapons that are onsite at Oyster Creek as of the date of the Confirmatory Order. The report shall specify the dates on which each weapon was last test-fired, cleaned, serviced, and inspected. Within 30 days of completing this action, 7
: 1. Within 60 days of the date of the C onfirmatory Order, HDI shall prepare a
 
report of the maintenance status of all in-service and contingency weapons
 
that are onsite at Oyster Creek as of the date of the C onfirmatory Order. The
 
report shall specify the dates on which each weapon was last test-fired,
 
cleaned, serviced, and inspected. Within 30 days of completing this action,
 
7 HDI shall inform the NRC that the action is complete by sending a letter to the
 
Region I Administrator and shall make the report available to the NRC for
 
review during an inspection.
: 2. Within 180 days of the date of the C onfirmatory Order, HDI shall complete a
 
root cause evaluation of the events related to the violations at Oyster Creek
 
described in this Confirmatory Order in accordance with HDIs corrective
 
action program. Within 30 days of completing this action, HDI sh all inform
 
the NRC that the action is complete by sending a letter to the Region I
 
Administrator and shall make the evaluation available to the NRC for review
 
during an inspection.
: 3. Within 180 days of the date of the C onfirmatory Order, HDI shall review its
 
process for performing and recording in-service and out-of-service weapons
 
maintenance. The review shall include a comparison of Oyster Creeks
 
process versus other nuclear sites, including at least one non-HDI nuclear
 
site. The evaluation shall identify best practices and consider any changes
 
needed at Oyster Creek and specify any identified corrective actions. Within
 
30 days of completing this action, HDI shall inform the NRC that the action is
 
complete by sending a letter to the Region I Administrator and shall make the
 
results of the evaluation available to the NRC for review during an inspection.


HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the report available to the NRC for review during an inspection.
: 2. Within 180 days of the date of the Confirmatory Order, HDI shall complete a root cause evaluation of the events related to the violations at Oyster Creek described in this Confirmatory Order in accordance with HDIs corrective action program. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the evaluation available to the NRC for review during an inspection.
: 3. Within 180 days of the date of the Confirmatory Order, HDI shall review its process for performing and recording in-service and out-of-service weapons maintenance. The review shall include a comparison of Oyster Creeks process versus other nuclear sites, including at least one non-HDI nuclear site. The evaluation shall identify best practices and consider any changes needed at Oyster Creek and specify any identified corrective actions. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection.
B. Items to Address Wrongdoing:
B. Items to Address Wrongdoing:
: 1. Within 60 days of the date of the Confirmatory Order, HDI shall communicate this issue to the security personnel at Oyster Creek and other HDI 8
: 1. Within 60 days of the date of the C onfirmatory Order, HDI shall communicate
 
this issue to the security personnel at Oyster Creek and other HDI
 
8 decommissioning nuclear reactor sites. The communication (which may be
 
verbal or via written communication) will be conducted by the president of
 
HDI and shall specify that wr ongdoing and falsification of records are
 
unacceptable and shall also explain the specific actions staff must take when
 
unable to complete required activities. Within 30 days of completing this
 
action, HDI shall inform the NRC that the action is complete by sending a
 
letter to the Region I Administrator. The letter shall also describe the content
 
of the communication.
: 2. Within 180 days of the date of the Confirmatory Order, HDI will conduct
 
training to be given to Security personnel at each of HDI's nuclear sites. The
 
training will: (a) emphasize the importance of complete and accurate
 
information for all required records, correspondence, and communications
 
with the NRC and its staff; (b) emphasize individual accountability and clearly
 
express that willful or deliberate failures to comply with regulations, orders, or
 
license requirements could result in significant individual enforcement by the
 
NRC; and (c) reinforce that if any individual recognizes a non-compliance,
 
they will immediately report the observation of the non-compliance. Within 30
 
days of completing this action, HDI shall inform the NRC that the action is
 
complete by sending a letter to the Region I Administrator and shall make the
 
training materials available to the NRC for review during an inspection.


decommissioning nuclear reactor sites. The communication (which may be verbal or via written communication) will be conducted by the president of HDI and shall specify that wrongdoing and falsification of records are unacceptable and shall also explain the specific actions staff must take when unable to complete required activities. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator. The letter shall also describe the content of the communication.
: 2. Within 180 days of the date of the Confirmatory Order, HDI will conduct training to be given to Security personnel at each of HDI's nuclear sites. The training will: (a) emphasize the importance of complete and accurate information for all required records, correspondence, and communications with the NRC and its staff; (b) emphasize individual accountability and clearly express that willful or deliberate failures to comply with regulations, orders, or license requirements could result in significant individual enforcement by the NRC; and (c) reinforce that if any individual recognizes a non-compliance, they will immediately report the observation of the non-compliance. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the training materials available to the NRC for review during an inspection.
C. Items to Address Armorer Function Weaknesses:
C. Items to Address Armorer Function Weaknesses:
: 1. Within 240 days of the date of the Confirmatory Order, HDI shall evaluate its implementation of the armorer function at Oyster Creek. The evaluation shall 9
: 1. Within 240 days of the date of the Confirmatory Order, HDI shall evaluate its
 
implementation of the a rmorer function at Oyster Creek. The evaluation shall
 
9 include review of the staffing and responsibilities of the position, the
 
methodology for tracking weapons maintenance status and activities, and
 
supervisory involvement in verifying completion of required activities. The
 
evaluation shall also include a comparison of HDI s weapons maintenance
 
processes versus other nuclear reactor sites, including at least one non-HDI
 
nuclear reactor site. The evaluation shall identify best practices and consider
 
any changes needed at Oyster Creek and specify any identified corrective
 
actions. Within 30 days of completing this action, HDI shall inform the NRC
 
that the action is complete by sending a letter to the Region I Administrator
 
and shall make the results of the evaluation available to the NRC for review
 
during an inspection.
: 2. Within 90 days of completing the evaluation described in Item C.1, HDI shall
 
communicate (which may be verbal or in writing) to HDI Security
 
management staff at Oyster Creek the results of the evaluation and any
 
completed or pending corrective actions. Within 30 days of completing this
 
action, HDI shall inform the NRC that the action is complete by sending a
 
letter to the Region I Administrator and shall make the content of the
 
communication available to the NRC for review during an inspection.


include review of the staffing and responsibilities of the position, the methodology for tracking weapons maintenance status and activities, and supervisory involvement in verifying completion of required activities. The evaluation shall also include a comparison of HDIs weapons maintenance processes versus other nuclear reactor sites, including at least one non-HDI nuclear reactor site. The evaluation shall identify best practices and consider any changes needed at Oyster Creek and specify any identified corrective actions. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection.
: 2. Within 90 days of completing the evaluation described in Item C.1, HDI shall communicate (which may be verbal or in writing) to HDI Security management staff at Oyster Creek the results of the evaluation and any completed or pending corrective actions. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the content of the communication available to the NRC for review during an inspection.
D. Items to Address Implementation of Security Program at Oyster Creek:
D. Items to Address Implementation of Security Program at Oyster Creek:
: 1. Within 365 days of the date of the Confirmatory Order, HDI shall administer training to HDI and Holtec Security International, LLC (HSI) Security staff at Oyster Creek that focuses on roles and expectations and that reinforces HDIs responsibility for assuring regulatory compliance. The training shall 10
: 1. Within 365 days of the date of the Confirmatory Order, HDI shall administer
 
training to HDI and Holtec Security I nternational, LLC (HSI) Security staff at
 
Oyster Creek that focuses on roles and expectations and that reinforces
 
HDIs responsibility for assuring regulatory compliance. The training shall
 
10 also include any insights developed from the root cause evaluation described
 
in Item A.2. Within 30 days of completing this action, HDI shall inform the
 
NRC that the action is complete by sending a letter to the Region I


also include any insights developed from the root cause evaluation described in Item A.2. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the training materials available to the NRC for review during an inspection.
Administrator and shall make the training materials available to the NRC for
: 2. Within 365 days of the date of the Confirmatory Order, HDI shall evaluate the Oyster Creek security program to include the programs organizational effectiveness, the quality and effectiveness of site security procedures, the security organizations staffing, training, and communication of standards, expectations, management engagement and oversight, performance management, and the results of the root cause evaluation. The evaluation shall also include a review of the clarity for the security staff about lines of responsibility and reporting, and the performance and quality of how individual job performance results are evaluated, documented, and communicated. The results of the evaluation shall be placed in the Oyster Creek corrective action program. The evaluation team shall be comprised of no more than 50% HDI or HSI employees and the remaining participants shall be from an outside organization (such as a utility or industry group) including a safety culture expert, external to HDI and HSI. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation and any related corrective actions available to the NRC for review during an inspection.
11


E. Items to Address Corporate Security Oversight
review during an inspection.
: 1. Within 90 days of the date of the Confirmatory Order, HDI shall install a Fleet Security Director position with sole responsibility for oversight of the security operations at all HDI nuclear sites. The Site Security Leads shall report to the Fleet Security Director and the Fleet Security Director shall report to the HDI President. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator. HDI shall maintain an individual in this position for a period of 5 years after the date of the Confirmatory Order or until fuel at all HDI nuclear sites is in dry storage, whichever is sooner.
: 2. Within 365 days of the date of the Confirmatory Order, HDI shall evaluate the
: 2. Within 365 days of the date of the Confirmatory Order, HDI shall effect an evaluation of HDIs implementation of the corporate security program. The evaluation team shall be comprised of no more than 50% HDI or HSI employees, and the remaining participants shall be from an outside organization (such as a utility or an industry group). The evaluation shall assess HSIs and HDIs corporate security staffing resources, direct and indirect oversight, and performance management. The evaluation shall review the fleet implementation of the security programs at each HDI site to identify areas of strengths and weaknesses. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection.
 
12
Oyster Creek security program to include the programs organizational
 
effectiveness, the quality and effectiveness of site security procedures, the
 
security organizations staffing, training, and communication of standards,
 
expectations, management engagement and oversight, performance
 
management, and the results of the root cause evaluation. The evaluation
 
shall also include a review of the clarity for the security staff about lines of
 
responsibility and reporting, and the performance and quality of how
 
individual job performance results are evaluated, documented, and
 
communicated. The results of the evaluation shall be placed in the Oyster
 
Creek corrective action program. The evaluation team shall be comprised of
 
no more than 50% HDI or HSI employees and the remaining participants
 
shall be from an outside organization (such as a utility or industry group)
 
including a safety culture expert, external to HDI and HSI. Within 30 days of
 
completing this action, HDI shall inform the NRC that the action is complete
 
by sending a letter to the Region I Administrator and shall make the results of
 
the evaluation and any related corrective actions available to the NRC for
 
review during an inspection.
 
11 E. Items to Address Corporate Security Oversight
: 1. Within 90 days of the date of the C onfirmatory Order, HDI shall install a Fleet
 
Security Director position with sole responsibility for oversight of the security
 
operations at all HDI nuclear sites. The Site Security Leads shall report to
 
the Fleet Security Director and the Fleet Security Director shall report to the
 
HDI President. Within 30 days of completing this action, HDI sh all inform the
 
NRC that the action is complete by sending a letter to the Region I
 
Administrator. HDI shall maintain an individual in this position for a period of
 
5 years after the date of the Confirmatory Order or until fuel at all HDI nuclear
 
sites is in dry storage, whichever is sooner.
: 2. Within 365 days of the date of the C onfirmatory Order, HDI shall effect an
 
evaluation of HDIs implementation of the corporate security program. The
 
evaluation team shall be comprised of no more than 50% HDI or HSI
 
employees, and the remaining participants shall be from an outside
 
organization (such as a utility or an industry group). The evaluation shall
 
assess HSIs and HDIs corporate security staffing resources, direct and
 
indirect oversight, and performance management. The evaluation shall
 
review the fleet implementation of the security programs at each HDI site to
 
identify areas of strengths and weaknesses. Within 30 days of completing
 
this action, HDI shall inform the NRC that the action is complete by sending a
 
letter to the Region I Administrator and shall make the results of the
 
evaluation available to the NRC for review during an inspection.
 
12 F. Effectiveness Reviews
: 1. Within 90 days of completion of the evaluation described in D.2, HDI shall
 
complete the first of four quarterly reviews of the effectiveness of the Oyster
 
Creek security program and the corrective actions implemented in response
 
to this issue. Within 30 days of completing each review, HDI shall inform the
 
NRC of the completion of the review by sending a letter to the Region I
 
Administrator.
: 2. The effectiveness reviews discussed in Item F.1 shall be conducted by a
 
team that includes at least one individual from outside the HDI or HSI
 
organization. For a period of one year after completion of the fourth review,
 
the documented effectiveness reviews shall be made available to the NRC for
 
review during an inspection.
 
G. External Communication
 
A. By December 31, 2023, HDI shall discuss this issue, including the results of
 
all of the above-listed evaluations and resulting corrective actions, to the
 
following industry working groups: a ) the 2023 National Nuclear Security
 
Conference; and b) Region I Nuclear Security Association. The discussion
 
shall include reference to any identified organizational weaknesses that HDI
 
determined contributed to the issue. Within 30 days of completing each
 
discussion, HDI shall inform the NRC that the action is complete by sending a
 
letter to the Region I Administrator and shall make the presentation materials


F. Effectiveness Reviews
13 available to the NRC for one year after the presentation for review during an
: 1. Within 90 days of completion of the evaluation described in D.2, HDI shall complete the first of four quarterly reviews of the effectiveness of the Oyster Creek security program and the corrective actions implemented in response to this issue. Within 30 days of completing each review, HDI shall inform the NRC of the completion of the review by sending a letter to the Region I Administrator.
: 2. The effectiveness reviews discussed in Item F.1 shall be conducted by a team that includes at least one individual from outside the HDI or HSI organization. For a period of one year after completion of the fourth review, the documented effectiveness reviews shall be made available to the NRC for review during an inspection.
G. External Communication A. By December 31, 2023, HDI shall discuss this issue, including the results of all of the above-listed evaluations and resulting corrective actions, to the following industry working groups: a) the 2023 National Nuclear Security Conference; and b) Region I Nuclear Security Association. The discussion shall include reference to any identified organizational weaknesses that HDI determined contributed to the issue. Within 30 days of completing each discussion, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the presentation materials 13


available to the NRC for one year after the presentation for review during an inspection.
inspection.
: 2. Terms and Conditions to be taken by NRC:
: 2. Terms and Conditions to be taken by NRC:
A. The NRC agrees to issue a reduced civil penalty in the amount of $50,000.
A. The NRC agrees to issue a reduced civil penalty in the amount of $50,000.
B. The NRC agrees to not issue a separate Notice of Violation in addition to the Confirmatory Order but, rather, to describe the violations in the body of the Order instead.
C. The NRC agrees to include the following statement in the Confirmatory Order and related communications (i.e., press release): As part of this agreement, HDI has committed to a number of significant actions that are expected to improve the security performance of the fleet. The NRC notes that, prior to this ADR session, HDI initiated some measures to address the issues raised by the apparent violation. The NRC will continue to monitor HDIs progress in this area.
D. For the NRCs future civil penalty assessment purposes as discussed in the NRC Enforcement Policy, the NRC agrees that the issuance of this Confirmatory Order will not be considered as escalated enforcement.
On January 19, 2022, HDI consented to issuing this Confirmatory Order with the commitments, as described in Section V below. HDI further agreed that this Confirmatory Order is to be effective upon issuance, the agreement memorialized in this Confirmatory Order settles the matter between the parties, and that it has waived its right to a hearing.
14


IV HDI has committed to a number of significant actions that are expected to improve the security performance of the fleet. The NRC notes that, prior to the ADR session, HDI initiated some measures to address the issues raised by the apparent violations. The NRC will continue to monitor HDIs progress in this area. I find that HDIs actions completed, as described in Section III above, combined with the commitments as set forth in Section V are acceptable and necessary, and conclude that, with these commitments, the public health and safety are reasonably assured.
B. The NRC agrees to not issue a separate Notice of Violation in addition to the
In view of the foregoing, I have determined that public health and safety require that HDIs commitments be confirmed by this Confirmatory Order. Based on the above and HDIs consent, this Confirmatory Order is effective upon issuance.
 
V Accordingly, pursuant to Sections 81, 104b, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR Part 50, 10 CFR Part 72, and 10 CFR Part 73, IT IS HEREBY ORDERED, EFFECTIVE UPON ISSUANCE, THAT LICENSE NO. DPR-16 IS MODIFIED AS FOLLOWS:
Confirmatory Order but, rather, to describe the violations in the body of the
 
Order instead.
 
C. The NRC agrees to include the following statement in the Confirmatory Order
 
and related communications (i.e., press release): As part of this agreement,
 
HDI has committed to a number of significant actions that are expected to
 
improve the security performance of the fleet. The NRC notes that, prior to
 
this ADR session, HDI initiated some measures to address the issues raised
 
by the apparent violation. The NRC will continue to monitor HDIs progress in
 
this area.
 
D. For the NRCs future civil penalty assessment purposes as discussed in the
 
NRC Enforcement Policy, the NRC agrees that the issuance of this
 
Confirmatory Order will not be considered as escalated enforcement.
 
On January 19, 2022, HDI consented to issuing this Confirmatory Order with the
 
commitments, as described in Section V below. HDI further agreed that this
 
Confirmatory Order is to be effective upon issuance, the agreement memorialized in this
 
Confirmatory Order settles the matter bet ween the parties, and that it has waived its right
 
to a hearing.
 
14 IV
 
HDI has committed to a number of significant actions that are expected to
 
improve the security performance of the fleet. The NRC notes that, prior to the ADR
 
session, HDI initiated some measures to address the issues raised by the apparent
 
violations. The NRC will continue to monitor HDIs progress in this area. I find that
 
HDIs actions completed, as described in Section III above, combined with the
 
commitments as set forth in Section V are acceptable and necessary, and conclude that,
 
with these commitments, the public health and safety are reasonably assured.
 
In view of the foregoing, I have determined that public health and safety require
 
that HDIs commitments be confirmed by this Confirmatory Order. Based on the above
 
and HDIs consent, this Confirmatory Order is effective upon issuance.
 
V
 
Accordingly, pursuant to Sections 81, 104b, 161b, 161i, 161o, 182 and 186 of the
 
Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR
 
2.202, 10 CFR Part 50, 10 CFR Part 72, and 10 CFR Part 73, IT IS HEREBY
 
ORDERED, EFFECTIVE UPON ISSUANCE, THAT LICENSE NO. DPR-16 IS
 
MODIFIED AS FOLLOWS:
 
A. Items to Assure Restoration of Compliance:
A. Items to Assure Restoration of Compliance:
: 1. Within 60 days of the date of the Confirmatory Order, HDI shall prepare a report of the maintenance status of all in-service and contingency weapons that are 15
: 1. Within 60 days of the date of the C onfirmatory Order, HDI shall prepare a report
 
of the maintenance status of all in-service and contingency weapons that are
 
15 onsite at Oyster Creek as of the date of the C onfirmatory Order. The report shall
 
specify the dates on which each weapon was last test-fired, cleaned, serviced,
 
and inspected. Within 30 days of completing this action, HDI sh all inform the
 
NRC that the action is complete by sending a letter to the Region I Administrator
 
and shall make the report available to the NRC for review during an inspection.
: 2. Within 180 days of the date of the C onfirmatory Order, HDI shall complete a root
 
cause evaluation of the events related to the violations at Oyster Creek described
 
in this Confirmatory Order in accordance with HDIs corrective action program.
 
Within 30 days of completing this action, HDI shall inform the NRC that the action
 
is complete by sending a letter to the Region I Administrator and shall make the
 
evaluation available to the NRC for review during an inspection.
: 3. Within 180 days of the date of the C onfirmatory Order, HDI shall review its
 
process for performing and recording in-service and out-of-service weapons
 
maintenance. The review shall include a comparison of Oyster Creeks process
 
versus other nuclear sites, including at least one non-HDI nuclear site. The
 
evaluation shall identify best practices and consider any changes needed at
 
Oyster Creek and specify any identified corrective actions. Within 30 days of
 
completing this action, HDI shall inform the NRC that the action is complete by
 
sending a letter to the Region I Administrator and shall make the results of the
 
evaluation available to the NRC for review during an inspection.
 
16 B. Items to Address Wrongdoing:
: 1. Within 60 days of the date of the C onfirmatory Order, HDI shall communicate this
 
issue to the security personnel at Oyster Creek and other HDI decommissioning
 
nuclear reactor sites. The communication (which may be verbal or via written
 
communication) will be conducted by the president of HDI and shall specify that
 
wrongdoing and falsification of records are unacceptable and shall also explain
 
the specific actions staff must take when unable to complete required activities.
 
Within 30 days of completing this action, HDI sh all inform the NRC that the action
 
is complete by sending a letter to the Region I Administrator. The letter shall also
 
describe the content of the communication.
: 2. Within 180 days of the date of the Confirmatory Order, HDI will conduct training
 
to be given to Security personnel at each of HDI's nuclear sites. The training will:
 
(a) emphasize the importance of complete and accurate information for all
 
required records, correspondence, and communications with the NRC and its
 
staff; (b) emphasize individual accountability and clearly express that willful or
 
deliberate failures to comply with regulations, orders, or license requirements
 
could result in significant individual enforcement by the NRC; and (c) reinforce


onsite at Oyster Creek as of the date of the Confirmatory Order. The report shall specify the dates on which each weapon was last test-fired, cleaned, serviced, and inspected. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the report available to the NRC for review during an inspection.
that if any individual recognizes a non-compliance, they will immediately report
: 2. Within 180 days of the date of the Confirmatory Order, HDI shall complete a root cause evaluation of the events related to the violations at Oyster Creek described in this Confirmatory Order in accordance with HDIs corrective action program.
Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the evaluation available to the NRC for review during an inspection.
: 3. Within 180 days of the date of the Confirmatory Order, HDI shall review its process for performing and recording in-service and out-of-service weapons maintenance. The review shall include a comparison of Oyster Creeks process versus other nuclear sites, including at least one non-HDI nuclear site. The evaluation shall identify best practices and consider any changes needed at Oyster Creek and specify any identified corrective actions. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection.
16


B. Items to Address Wrongdoing:
the observation of the non-compliance. Within 30 days of completing this action,
: 1. Within 60 days of the date of the Confirmatory Order, HDI shall communicate this issue to the security personnel at Oyster Creek and other HDI decommissioning nuclear reactor sites. The communication (which may be verbal or via written communication) will be conducted by the president of HDI and shall specify that wrongdoing and falsification of records are unacceptable and shall also explain the specific actions staff must take when unable to complete required activities.
 
Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator. The letter shall also describe the content of the communication.
HDI shall inform the NRC that the action is complete by sending a letter to the
: 2. Within 180 days of the date of the Confirmatory Order, HDI will conduct training to be given to Security personnel at each of HDI's nuclear sites. The training will:
 
(a) emphasize the importance of complete and accurate information for all required records, correspondence, and communications with the NRC and its staff; (b) emphasize individual accountability and clearly express that willful or deliberate failures to comply with regulations, orders, or license requirements could result in significant individual enforcement by the NRC; and (c) reinforce that if any individual recognizes a non-compliance, they will immediately report the observation of the non-compliance. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the training materials available to the NRC for review during an inspection.
Region I Administrator and shall make the training materials available to the NRC
17
 
for review during an inspection.
 
17 C. Items to Address Armorer Function Weaknesses:
: 1. Within 240 days of the date of the Confirmatory Order, HDI shall evaluate its
 
implementation of the a rmorer function at Oyster Creek. The evaluation shall
 
include review of the staffing and responsibilities of the position, the methodology
 
for tracking weapons maintenance status and activities, and supervisory
 
involvement in verifying completion of required activities. The evaluation shall
 
also include a comparison of HDI s weapons maintenance processes versus
 
other nuclear reactor sites, including at least one non-HDI nuclear reactor site.
 
The evaluation shall identify best practices and consider any changes needed at
 
Oyster Creek and specify any identified corrective actions. Within 30 days of
 
completing this action, HDI shall inform the NRC that the action is complete by
 
sending a letter to the Region I Administrator and shall make the results of the
 
evaluation available to the NRC for review during an inspection.
: 2. Within 90 days of completing the evaluation described in Item C.1, HDI shall
 
communicate (which may be verbal or in writing) to HDI Security management
 
staff at Oyster Creek the results of the evaluation and any completed or pending
 
corrective actions. Within 30 days of completing this action, HDI shall inform the
 
NRC that the action is complete by sending a letter to the Region I Administrator
 
and shall make the content of the communication available to the NRC for review
 
during an inspection.
 
18 D. Items to Address Implementation of Security Program at Oyster Creek:
: 1. Within 365 days of the date of the C onfirmatory Order, HDI shall administer
 
training to HDI and Holtec Security International, LLC (HSI) Security staff at
 
Oyster Creek that focuses on roles and expectations and that reinforces HDIs
 
responsibility for assuring regulatory compliance. The training shall also include
 
any insights developed from the root cause evaluation described in Item A.2.
 
Within 30 days of completing this action, HDI shall inform the NRC that the action
 
is complete by sending a letter to the Region I Administrator and shall make the
 
training materials available to the NRC for review during an inspection.
: 2. Within 365 days of the date of the Confirmatory Order, HDI shall evaluate the
 
Oyster Creek security program to include the programs organizational
 
effectiveness, the quality and effectiveness of site security procedures, the
 
security organizations staffing, training, and communication of standards,
 
expectations, management engagement and oversight, performance
 
management, and the results of the root cause evaluation. The evaluation shall
 
also include a review of the clarity for the security staff about lines of
 
responsibility and reporting, and the performance and quality of how individual
 
job performance results are evaluated, documented, and communicated. The
 
results of the evaluation shall be placed in the Oyster Creek corrective action
 
program. The evaluation team shall be comprised of no more than 50% HDI or
 
HSI employees and the remaining participants shall be from an outside
 
organization (such as a utility or industry group) including a safety culture expert,
 
external to HDI and HSI. Within 30 days of completing this action, HDI shall
 
inform the NRC that the action is complete by sending a letter to the Region I


C. Items to Address Armorer Function Weaknesses:
19 Administrator and shall make the results of the evaluation and any related
: 1. Within 240 days of the date of the Confirmatory Order, HDI shall evaluate its implementation of the armorer function at Oyster Creek. The evaluation shall include review of the staffing and responsibilities of the position, the methodology for tracking weapons maintenance status and activities, and supervisory involvement in verifying completion of required activities. The evaluation shall also include a comparison of HDIs weapons maintenance processes versus other nuclear reactor sites, including at least one non-HDI nuclear reactor site.
The evaluation shall identify best practices and consider any changes needed at Oyster Creek and specify any identified corrective actions. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection.
: 2. Within 90 days of completing the evaluation described in Item C.1, HDI shall communicate (which may be verbal or in writing) to HDI Security management staff at Oyster Creek the results of the evaluation and any completed or pending corrective actions. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the content of the communication available to the NRC for review during an inspection.
18


D. Items to Address Implementation of Security Program at Oyster Creek:
corrective actions available to the NRC for review during an inspection.
: 1. Within 365 days of the date of the Confirmatory Order, HDI shall administer training to HDI and Holtec Security International, LLC (HSI) Security staff at Oyster Creek that focuses on roles and expectations and that reinforces HDIs responsibility for assuring regulatory compliance. The training shall also include any insights developed from the root cause evaluation described in Item A.2.
Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the training materials available to the NRC for review during an inspection.
: 2. Within 365 days of the date of the Confirmatory Order, HDI shall evaluate the Oyster Creek security program to include the programs organizational effectiveness, the quality and effectiveness of site security procedures, the security organizations staffing, training, and communication of standards, expectations, management engagement and oversight, performance management, and the results of the root cause evaluation. The evaluation shall also include a review of the clarity for the security staff about lines of responsibility and reporting, and the performance and quality of how individual job performance results are evaluated, documented, and communicated. The results of the evaluation shall be placed in the Oyster Creek corrective action program. The evaluation team shall be comprised of no more than 50% HDI or HSI employees and the remaining participants shall be from an outside organization (such as a utility or industry group) including a safety culture expert, external to HDI and HSI. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I 19


Administrator and shall make the results of the evaluation and any related corrective actions available to the NRC for review during an inspection.
E. Items to Address Corporate Security Oversight
E. Items to Address Corporate Security Oversight
: 1. Within 90 days of the date of the Confirmatory Order, HDI shall install a Fleet Security Director position with sole responsibility for oversight of the security operations at all HDI nuclear sites. The Site Security Leads shall report to the Fleet Security Director and the Fleet Security Director shall report to the HDI President. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator. HDI shall maintain an individual in this position for a period of 5 years after the date of the Confirmatory Order or until fuel at all HDI nuclear sites is in dry storage, whichever is sooner.
: 1. Within 90 days of the date of the C onfirmatory Order, HDI shall install a Fleet
: 2. Within 365 days of the date of the Confirmatory Order, HDI shall effect an evaluation of HDIs implementation of the corporate security program. The evaluation team shall be comprised of no more than 50% HDI or HSI employees, and the remaining participants shall be from an outside organization (such as a utility or an industry group). The evaluation shall assess HSIs and HDIs corporate security staffing resources, direct and indirect oversight, and performance management. The evaluation shall review the fleet implementation of the security programs at each HDI site to identify areas of strengths and weaknesses. Within 30 days of completing this action, HDI shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and 20
 
Security Director position with sole responsibility for oversight of the security
 
operations at all HDI nuclear sites. The Site Security Leads shall report to the
 
Fleet Security Director and the Fleet Security Director shall report to the HDI
 
President. Within 30 days of completing this action, HDI sh all inform the NRC
 
that the action is complete by sending a letter to the Region I Administrator. HDI
 
shall maintain an individual in this position for a period of 5 years after the date of
 
the Confirmatory Order or until fuel at all HDI nuclear sites is in dry storage,
 
whichever is sooner.
: 2. Within 365 days of the date of the C onfirmatory Order, HDI shall effect an
 
evaluation of HDIs implementation of the corporate security program. The
 
evaluation team shall be comprised of no more than 50% HDI or HSI emplo yees,
 
and the remaining participants shall be from an outside organization (such as a
 
utility or an industry group). The evaluation shall assess HSIs and HDIs
 
corporate security staffing resources, direct and indirect oversight, and
 
performance management. The evaluation shall review the fleet implementation
 
of the security programs at each HDI site to identify areas of strengths and
 
weaknesses. Within 30 days of completing this action, HDI shall inform the NRC
 
that the action is complete by sending a letter to the Region I Administrator and
 
20 shall make the results of the evaluation available to the NRC for review during an
 
inspection.


shall make the results of the evaluation available to the NRC for review during an inspection.
F. Effectiveness Reviews
F. Effectiveness Reviews
: 1. Within 90 days of completion of the evaluation described in D.2, HDI shall complete the first of four quarterly reviews of the effectiveness of the Oyster Creek security program and the corrective actions implemented in response to this issue. Within 30 days of completing each review, HDI shall inform the NRC of the completion of the review by sending a letter to the Region I Administrator.
: 1. Within 90 days of completion of the evaluation described in D.2, HDI shall
: 2. The effectiveness reviews discussed in Item F.1 shall be conducted by a team that includes at least one individual from outside the HDI or HSI organization.
 
For a period of one year after completion of the fourth review, the documented effectiveness reviews shall be made available to the NRC for review during an inspection.
complete the first of four quarterly reviews of the effectiveness of the Oyster
 
Creek security program and the corrective actions implemented in response to
 
this issue. Within 30 days of completing each review, HDI shall inform the NRC
 
of the completion of the review by sending a letter to the Region I Administrator.
: 2. The effectiveness reviews discussed in Item F.1 shall be conducted by a team
 
that includes at least one individual from outside the HDI or HSI organization.
 
For a period of one year after completion of the fourth review, the documented
 
effectiveness reviews shall be made available to the NRC for review during an
 
inspection.
 
G. External Communication
G. External Communication
: 1. By December 31, 2023, HDI shall discuss this issue, including the results of all of the above-listed evaluations and resulting corrective actions, to the following industry working groups: a) the 2023 National Nuclear Security Conference; and b) Region One Nuclear Security Association. The discussion shall include reference to any identified organizational weaknesses that HDI determined contributed to the issue. Within 30 days of completing each discussion, HDI shall inform the NRC that the action is complete by 21
: 1. By December 31, 2023, HDI shall discuss this issue, including the results of all of the
 
above-listed evaluations and resulting corrective actions, to the following industry
 
working groups: a) the 2023 National Nuclear Security Conference; and b) Region One
 
Nuclear Security Associ ation. The discussion shall include reference to any identified
 
organizational weaknesses that HDI determined contributed to the issue. Within 30 days
 
of completing each discussion, HDI shall inform the NRC that the action is complete by
 
21 sending a letter to the Region I Administrator and shall make the presentation materials
 
available to the NRC for one year after the presentation for review during an inspection.


sending a letter to the Region I Administrator and shall make the presentation materials available to the NRC for one year after the presentation for review during an inspection.
H. Civil Penalty
H. Civil Penalty
: 1. Within 30 days of the date of issuance of the Confirmatory Order, HDI will pay a civil penalty of $50,000 through one of the following two methods:
: 1. Within 30 days of the date of issuance of the Confirmatory Order, HDI will pay a civil
: a. Submit the payment with the enclosed invoice to this Order (EA-21-041) to the following address:
 
Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 OR
penalty of $50,000 through one of the following two methods:
: a. Submit the payment with the enclosed invoice to this Order (EA-21-041) to the
 
following address:
 
Office of the Chief Financial Officer
 
U.S. Nuclear Regulatory Commission
 
P.O. Box 979051
 
St. Louis, MO 63197
 
OR
: b. Submit the payment in accordance with NUREG/BR-0254.
: b. Submit the payment in accordance with NUREG/BR-0254.
In addition, at the time payment is made, the licensee shall submit a statement indicating when and by what method payment was made, to the Director, Office of Enforcement, 22


U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.
In addition, at the time payment is made, the licensee shall submit a statement indicating
This agreement is binding upon successors and assigns of HDI. The Regional Administrator, Region I may, in writing, relax or rescind any of the above conditions upon demonstration by HDI or its successors of good cause.
 
VI In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely affected by this Confirmatory Order, other than HDI, may request a hearing within thirty (30) calendar days of the date of issuance of this Confirmatory Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension.
when and by what method payment was made, to the Director, Office of Enforcement,
All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve all 23
 
22
 
U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike,
 
Rockville, MD 20852-2738.
 
This agreement is binding upon successors and assigns of HDI. The Regional
 
Administrator, Region I may, in writing, relax or rescind any of the above conditions upon
 
demonstration by HDI or its successors of good cause.
 
VI
 
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely affected by
 
this Confirmatory Order, other than HDI, may request a hearing within thirty (30) calendar days
 
of the date of issuance of this Confirmatory Order. Where good cause is shown, consideration
 
will be given to extending the time to request a hearing. A request for extension of time must be
 
made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
 
Washington, DC 20555, and include a statement of good cause for the extension.
 
All documents filed in NRC adjudicatory proceedings, including a request for hearing and
 
petition for leave to intervene (petition), any motion or other document filed in the proceeding
 
prior to the submission of a request for hearing or petition to intervene, and documents filed by
 
interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed
 
in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77
 
FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve all
 
23
 
adjudicatory documents over the internet, or in some cases to mail copies on electronic storage
 
media. Detailed guidance on making electronic submissions may be found in the Guidance for
 
Electronic Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/site-help/e-
 
submittals.html. Participants may not submit paper copies of their filings unless they seek an
 
exemption in accordance with the procedures described below.
 
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing
 
deadline, the participant should contact the Office of the Secretary by e-mail at
 
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital identification
 
(ID) certificate, which allows the participant (or its counsel or representative) to digitally sign
 
submissions and access the E-Filing system for any proceeding in which it is participating; and
 
(2) advise the Secretary that the participant will be submitting a petition or other adjudicatory
 
document (even in instances in which the participant, or its counsel or representative, already
 
holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will
 
establish an electronic docket for the hearing in this proceeding if the Secretary has not already
 
established an electronic docket.
 
Information about applying for a digital ID certificate is available on the NRCs public
 
Web site at https://www.nrc.gov/site -help/e-submittals/getting-started.html. Once a participant
 
has obtained a digital ID certificate and a docket has been created, the participant can then
 
submit adjudicatory documents. Submissions must be in Portable Document Format (PDF).
 
Additional guidance on PDF submissions is available on the NRCs public Web site at
 
24
 
https://www.nrc.gov/site -help/electronic-sub-ref-mat.html. A filing is considered complete at the
 
time the document is submitted through the NRCs E-Filing system. To be timely, an electronic
 
filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due
 
date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends
 
the submitter an e-mail notice confirming receipt of the document. The E-Filing system also
 
distributes an e-mail notice that provides access to the document to the NRCs Office of the
 
General Counsel and any others who have advised the Office of the Secretary that they wish to
 
participate in the proceeding, so that the filer need not serve the document on those participants
 
separately. Therefore, applicants and other participants (or their counsel or representative)
 
must apply for and receive a digital ID certificate before adjudicatory documents are filed so that
 
they can obtain access to the documents via the E-Filing system.
 
A person filing electronically using the NRCs adjudicatory E -Filing system may seek
 
assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link
 
located on the NRCs public Web site at https://www.nrc.gov/site -help/e-submittals.html, by
 
e-mail to MSHD.Resource@nrc.gov, or by a toll-free call at 1 -866-672-7640. The NRC
 
Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday
 
through Friday, excluding government holidays.
 
Participants who believe that they have a good cause for not submitting documents
 
electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their
 
initial paper filing stating why there is good cause for not filing electronically and requesting
 
25
 
authorization to continue to submit documents in paper format. Such filings must be submitted
 
by: (1) first-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear
 
Regulatory Commission, Washington, DC 20555- 0001, Attention: Rulemaking and
 
Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the
 
Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
 
Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible
 
for serving the document on all other participants. Filing is considered complete by first-class
 
mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery
 
service upon depositing the document with the provider of the service. A presiding officer,
 
having granted an exemption request from using E-Filing, may require a participant or party to
 
use E-Filing if the presiding officer subsequently determines that the reason for granting the
 
exemption from use of E-Filing no longer exists.
 
Documents submitted in adjudicatory proceedings will appear in the NRC s electronic
 
hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded
 
pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-
 
issued digital ID certificate as described above, click cancel when the link requests certificates
 
and you will be automatically directed to the NRCs electronic hearing dockets where you will be
 
able to access any publicly available documents in a particular hearing docket. Partic ipants are
 
requested not to include personal privacy information, such as social security numbers, home
 
addresses, or personal phone numbers in their filings, unless an NRC regulation or other law
 
requires submission of such information. For example, in s ome instances, individuals provide
 
26
 
home addresses in order to demonstrate proximity to a facility or site. With respect to
 
copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings
 
and would constitute a Fair Use application, participants are requested not to include
 
copyrighted materials in their submission.
 
The Commission will issue a notice or order granting or denying a hearing request or
 
intervention petition, designating the issues for any hearing that will be held and designating the
 
presiding officer. A notice granting a hearing will be published in the Federal Register and
 
served on the parties to the hearing.
 
If a person (other than HDI) requests a hearing, that person shall set forth with
 
particularity the manner in which his interest is adversely affected by this Confirmatory Order
 
and shall address the criteria set forth in 10 CFR 2.309(d) and (f).
 
If a hearing is requested by a person whose interest is adversely affected, the
 
Commission will issue an or der designating the time and place of any hearings. If a hearing is
 
held, the issue to be considered at such hearing shall be whether this Confirmatory Order
 
should be sustained.
 
In the absence of any request for hearing, or written approval of an extension of time in
 
which to request a hearing, the provisions specified in Section V above shall be final 30 days
 
from the date of this Confirmatory Order without further order or proceedings. If an extension of
 
27
 
time for requesting a hearing has been approved, the provisions specified in Section V shall be


adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.
final when the extension expires if a hearing request has not been received.
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF).
Additional guidance on PDF submissions is available on the NRCs public Web site at 24


https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRCs Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system.
For the Nuclear Regulatory Commission
A person filing electronically using the NRCs adjudicatory E-Filing system may seek assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link located on the NRCs public Web site at https://www.nrc.gov/site-help/e-submittals.html, by e-mail to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting 25


authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.
Raymond K. Lorson Deputy Regional Administrator NRC Region I
Documents submitted in adjudicatory proceedings will appear in the NRCs electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRCs electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide 26


home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.
Dated this 26th day of January, 2022.
The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the presiding officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing.
If a person (other than HDI) requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Confirmatory Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained.
In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section V above shall be final 30 days from the date of this Confirmatory Order without further order or proceedings. If an extension of 27


time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received.
For the Nuclear Regulatory Commission Raymond Digitally            signed by Raymond K. Lorson K. Lorson        Date: 2022.01.26 Raymond K. Lorson 12:43:20 -05'00' Deputy Regional Administrator NRC Region I Dated this 26th day of January, 2022.
28}}
28}}

Latest revision as of 00:54, 19 November 2024

EA-21-041: Enclosure to January 26, 2022, Letter to Mr. Kelly Trice, President, Holtec NRC Investigation Report & NRC Inspection Confirmatory Order; Issuance. Holtec Decommissioning International, LLC, Oyster Creek Nuclear Generating
ML21362A447
Person / Time
Site: Oyster Creek
Issue date: 01/26/2022
From: Ray Lorson
NRC Region 1
To:
Holtec Decommissioning International
Marjorie McLaughlin
References
EA-21-041 EAW-21-041
Download: ML21362A447 (28)
v • d • e


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of

)

Holtec Decommissioning International, LLC ) 05000219

)

Oyster Creek Nuclear Generating Station ) DPR-16

)

) EA-21- 041

CONFIRMATORY ORDER MODIFYING LICENSE

I

Holtec Decommissioning International, LLC (HDI or Licensee) is the holder of

Renewed Facility Operating License No. DPR-16 issued on June 3, 2009, by the U.S.

Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 50 of Title 10 of

the Code of Federal Regulations (10 CFR). The license authorizes the operation of

Oyster Creek Nuclear Generating Station (facility) in accordance with conditions

specified therein. The facility is located on the Licensee's site in Forked River, New

Jersey.

This Confirmatory Order is the result of an agreement reached during an

Alternative Dispute Resolution (ADR) mediation session conducted by video conference

on October 14, 2021.

II

On March 13, 2020, the NRC Office of Investigations (OI), Region I Field Office

opened an investigation (OI Case No. 1-2020-007) at Oyster Creek. The investigation,

1 which was completed on March 11, 2021, evaluated whether a (now -former) training

superintendent at Oyster Creek, who was also responsible for performing armorer

duties, deliberately failed to perform firearms maintenance activities and falsified records

related to those activities. Based on the evidence gathered during the investigation, the

NRC determined that the armorer deliberately failed to perform certain required firearms

maintenance activities for calendar year 2019, that the armorer deliberately falsified

records related to these activities, and that these falsified records were submitted to the

NRC in response to an April 10, 2020, information request.

Specifically, the NRC identified that on the Licensees 2019 firearms

maintenance and testing logs that the Licensee submitted to the NRC in response to an

information request for an NRC security inspection, the fields for date and performed

by for annual material condition inspections were left blank, indicating to the NRC that

the Licensee did not conduct this activity. On March 16, 2020, the armorer told an NRC

Region I security inspector that Oyster Creek staff no longer performed this inspection

and that the procedure was being changed to remove the requirement. However, the

armorer acknowledged that the procedure change had not yet happened. Subsequently,

in response to an April 10, 2020, information request from OI, the L icensee resubmitted

its firearms logs to the NRC, and the date and performed by fields were filled out,

which would indicate that the L icensee had completed the annual material condition

inspections. The armorer informed OI that he filled in these fields after talking to the

NRC inspector. He stated that he probably did not perform the inspections but

maintained that he did not exactly remember what he did. The NRC determined that the

annual material inspections were not performed in 2019 due to the armorers deliberate

failure to perform them and that the armorer deliberately falsified the records provided to

the NRC to indicate that the inspections had been performed.

2 The NRC concluded that the deliberate failure of the armorer to perform required

annual material condition inspections of firearms for calendar year 2019 caused the

Licensee to be in violation of Title 10 of the Code of Federal Regulations (10 CFR) Part

73, Appendix B, Criterion VI.G, Weapons, Personal Equipment, and Maintenance, and

procedures required by the Commission-approved Oyster Creek Training and

Qualification Plan. Specifically, 10 CFR Part 73, Appendix B, Criterion VI.G, Weapons,

Personal Equipment, and Maintenance, Section 3(a), Firearms maintenance program,

requires that each Licensee shall implement a firearms maintenance and accountability

program in accordance with the Commission regulations and the Commission-approved

training and qualification plan. The program must include, in part: (1) Semiannual test

firing for accuracy and functionality; (2) Firearms maintenance procedures that include

cleaning schedules and cleaning requirements; (3) Program activity documentation; and

(4) Control and accountability (weapons and ammunition). The Oyster Creek Training

and Qualification Plan is Appendix B to the sites Physical Security Plan. Section 20.5 of

Revision 18 of the Training and Qualification Plan states, in part, that a testing and

maintenance program for all assigned firearms is established to ensure that the firearms

and related accessories function as intended. The program is described in facility

procedures. Oyster Creek procedure SY -AA-150-103, Revision 0, Firearms

Maintenance, Testing, and Accountability, constitutes the facility procedure for the

testing, cleaning, and inspecting of security weapons. Step 4.2.4.2 states, in part,

annually, perform the material condition inspection on all duty firearms. Step 2.3, in

terms and definitions, defines "annual" as once per calendar year.

The NRC determined that the armorers deliberate actions also caused the

Licensee to provide information to the NRC regarding the annual material inspections of

3 firearms that was not complete and accurate in all material respects, contrary to 10 CFR

50.9(a). Specifically, 10 CFR 50.9(a) requires, in part, that information provided to the

Commission by a Licensee or information required by the Commission's regulations to

be maintained by the L icensee shall be complete and accurate in all material respects.

10 CFR 73.70(e) states, in part, that each L icensee subject to the provisions of 10 CFR

73.55 shall keep documentation of all tests, inspections, and maintenance performed on

security related equipment used pursuant to the requirements of this part for three years

from the date of documenting the event. 10 CFR 73.55(a)(1) indicates that the S ection

applies to nuclear power reactor licensees that are licensed under 10 CFR Part 50.

Logs submitted to the NRC in response to an April 10, 2020, information request

documented that annual material condition inspections had been performed on each of

the Licensees duty firearms; however, the L icensee had not performed the inspections.

This information is material to the NRC because the NRC requires testing and

maintenance of weapons to ensure they are in acceptable working condition. Accurate

recordkeeping of such activities ensures that the weapons maintenance program is

fulfilling these requirements.

Through the investigation, the NRC also identified a third violation involving the

failure by the armorer to perform required biennial firearms parts replacement. The NRC

did not find sufficient evidence to conclude that this failure was willful. However, the

failure caused the L icensee to be in violation of 10 CFR Part 73, Appendix B, Criterion

VI.G, Weapons, Personal Equipment, and Maintenance, Section 3(a), Firearms

maintenance program, which requires that each Licensee shall implement a firearms

maintenance and accountability program in accordance with the Commission regulations

and the Commission-approved training and qualification plan. The program must

include, in part: (1) Semiannual test firing for accuracy and functionality; (2) Firearms

4 maintenance procedures that include cleaning schedules and cleaning requirements; (3)

Program activity documentation; and (4) Control and accountability (weapons and

ammunition). The Oyster Creek Training and Qualification Plan is Appendix B to the

sites Physical Security Plan. Section 20.5 of Revision 18 of the Training and

Qualification Plan states, in part, that a testing and maintenance program for all

assigned firearms is established to ensure that the firearms and related accessories

function as intended. The program is described in facility procedures. Oyster Creek

procedure SY-AA-150-103, Revision 0, Firearms Maintenance, Testing, and

Accountability, constitutes the facility procedure for the testing, cleaning, and inspecting

of security weapons. Step 4.2.5, states, replace the following components on duty rifles

biennially: hammer spring, trigger spring, disconnector spring, extractor spring, ejector

spring, and gas rings. SY-AA-150- 103-F-04, Rifle Material Condition Inspection/

Functionality/ Accuracy Tests states, in part, biennially, replace the following

components on contingency rifles and note this as being completed in the weapons

maintenance log. Step 2.7 defines "biennial" as at least once every two years.

By letter, dated July 28, 2021 (Agencywide Documents Access and Management

System (ADAMS) Accession No. ML21176A049), the NRC notified the Licensee of the

results of the in vestigation with an opportunity to: (1) provide a response in writing, (2)

attend a predecisional enforcement conference or (3) to participate in an ADR mediation

session in an effort to resolve this matter.

In response to the NRCs offer, the Licensee requested the use of the NRCs

ADR process to resolve differences it had with the NRC. On October 14, 2021, the NRC

and the Licensee met in an ADR session mediated by a professional mediator, arranged

through Cornell Universitys Institute on Conflict Resolution. The ADR process is one in 5

which a neutral mediator, with no decision-making authority, assists the parties in

reaching an agreement on resolving any differences regarding the dispute. This

Confirmatory Order is issued pursuant to the agreement reached during the ADR

process.

III

During the ADR session, the Licensee and the NRC reached a preliminary

settlement agreement. The elements of the agreement include the following:

Whereas, the NRC acknowledges that HDI has taken several corrective actions in

response to the violations at Oyster Creek Nuclear Generating Station (Oyster Creek) so

as to preclude the occurrence of similar violations in the future. These actions include:

1. Denying the former superintendents unescorted access authorization and denoting

his entry in the Personnel Access Data System to indicate that there is additional

information.

2. Performing an internal fact-finding and accountability investigation and an apparent

cause evaluation, which resulted in the following corrective measures:

a. Revising the firearms maintenance, testing, and accountability procedure to

remove the requirement to replace parts biennially;

b. Completing the initial development of an electronic application that will track

weapons upon their removal from their assigned positions;

6

c. Holding face-to-face meetings between the Oyster Creek Security Manager and

site armorers to ensure understanding of procedural requirements, complete and

accurate recordkeeping, and accurate ammunition accounting, including logging

unused ammunition returned to the armory after range activities;

d. Conducting, over a two-month period, spot checks of security personnel logging

security weapons, ammunition, and equipment into and out of the armory and

performing ammunition counts.

3. Creating the position of Fleet Director of Security Operations and appointing an

experienced nuclear security manager to the position as a concurrent role.

4. Initiating development of a standardized set of fleet security procedures.

Therefore, the parties agree to the following terms and conditions:

1. Terms and Conditions to be taken by HDI:

A. Items to Assure Restoration of Compliance:

1. Within 60 days of the date of the C onfirmatory Order, HDI shall prepare a

report of the maintenance status of all in-service and contingency weapons

that are onsite at Oyster Creek as of the date of the C onfirmatory Order. The

report shall specify the dates on which each weapon was last test-fired,

cleaned, serviced, and inspected. Within 30 days of completing this action,

7 HDI shall inform the NRC that the action is complete by sending a letter to the

Region I Administrator and shall make the report available to the NRC for

review during an inspection.

2. Within 180 days of the date of the C onfirmatory Order, HDI shall complete a

root cause evaluation of the events related to the violations at Oyster Creek

described in this Confirmatory Order in accordance with HDIs corrective

action program. Within 30 days of completing this action, HDI sh all inform

the NRC that the action is complete by sending a letter to the Region I

Administrator and shall make the evaluation available to the NRC for review

during an inspection.

3. Within 180 days of the date of the C onfirmatory Order, HDI shall review its

process for performing and recording in-service and out-of-service weapons

maintenance. The review shall include a comparison of Oyster Creeks

process versus other nuclear sites, including at least one non-HDI nuclear

site. The evaluation shall identify best practices and consider any changes

needed at Oyster Creek and specify any identified corrective actions. Within

30 days of completing this action, HDI shall inform the NRC that the action is

complete by sending a letter to the Region I Administrator and shall make the

results of the evaluation available to the NRC for review during an inspection.

B. Items to Address Wrongdoing:

1. Within 60 days of the date of the C onfirmatory Order, HDI shall communicate

this issue to the security personnel at Oyster Creek and other HDI

8 decommissioning nuclear reactor sites. The communication (which may be

verbal or via written communication) will be conducted by the president of

HDI and shall specify that wr ongdoing and falsification of records are

unacceptable and shall also explain the specific actions staff must take when

unable to complete required activities. Within 30 days of completing this

action, HDI shall inform the NRC that the action is complete by sending a

letter to the Region I Administrator. The letter shall also describe the content

of the communication.

2. Within 180 days of the date of the Confirmatory Order, HDI will conduct

training to be given to Security personnel at each of HDI's nuclear sites. The

training will: (a) emphasize the importance of complete and accurate

information for all required records, correspondence, and communications

with the NRC and its staff; (b) emphasize individual accountability and clearly

express that willful or deliberate failures to comply with regulations, orders, or

license requirements could result in significant individual enforcement by the

NRC; and (c) reinforce that if any individual recognizes a non-compliance,

they will immediately report the observation of the non-compliance. Within 30

days of completing this action, HDI shall inform the NRC that the action is

complete by sending a letter to the Region I Administrator and shall make the

training materials available to the NRC for review during an inspection.

C. Items to Address Armorer Function Weaknesses:

1. Within 240 days of the date of the Confirmatory Order, HDI shall evaluate its

implementation of the a rmorer function at Oyster Creek. The evaluation shall

9 include review of the staffing and responsibilities of the position, the

methodology for tracking weapons maintenance status and activities, and

supervisory involvement in verifying completion of required activities. The

evaluation shall also include a comparison of HDI s weapons maintenance

processes versus other nuclear reactor sites, including at least one non-HDI

nuclear reactor site. The evaluation shall identify best practices and consider

any changes needed at Oyster Creek and specify any identified corrective

actions. Within 30 days of completing this action, HDI shall inform the NRC

that the action is complete by sending a letter to the Region I Administrator

and shall make the results of the evaluation available to the NRC for review

during an inspection.

2. Within 90 days of completing the evaluation described in Item C.1, HDI shall

communicate (which may be verbal or in writing) to HDI Security

management staff at Oyster Creek the results of the evaluation and any

completed or pending corrective actions. Within 30 days of completing this

action, HDI shall inform the NRC that the action is complete by sending a

letter to the Region I Administrator and shall make the content of the

communication available to the NRC for review during an inspection.

D. Items to Address Implementation of Security Program at Oyster Creek:

1. Within 365 days of the date of the Confirmatory Order, HDI shall administer

training to HDI and Holtec Security I nternational, LLC (HSI) Security staff at

Oyster Creek that focuses on roles and expectations and that reinforces

HDIs responsibility for assuring regulatory compliance. The training shall

10 also include any insights developed from the root cause evaluation described

in Item A.2. Within 30 days of completing this action, HDI shall inform the

NRC that the action is complete by sending a letter to the Region I

Administrator and shall make the training materials available to the NRC for

review during an inspection.

2. Within 365 days of the date of the Confirmatory Order, HDI shall evaluate the

Oyster Creek security program to include the programs organizational

effectiveness, the quality and effectiveness of site security procedures, the

security organizations staffing, training, and communication of standards,

expectations, management engagement and oversight, performance

management, and the results of the root cause evaluation. The evaluation

shall also include a review of the clarity for the security staff about lines of

responsibility and reporting, and the performance and quality of how

individual job performance results are evaluated, documented, and

communicated. The results of the evaluation shall be placed in the Oyster

Creek corrective action program. The evaluation team shall be comprised of

no more than 50% HDI or HSI employees and the remaining participants

shall be from an outside organization (such as a utility or industry group)

including a safety culture expert, external to HDI and HSI. Within 30 days of

completing this action, HDI shall inform the NRC that the action is complete

by sending a letter to the Region I Administrator and shall make the results of

the evaluation and any related corrective actions available to the NRC for

review during an inspection.

11 E. Items to Address Corporate Security Oversight

1. Within 90 days of the date of the C onfirmatory Order, HDI shall install a Fleet

Security Director position with sole responsibility for oversight of the security

operations at all HDI nuclear sites. The Site Security Leads shall report to

the Fleet Security Director and the Fleet Security Director shall report to the

HDI President. Within 30 days of completing this action, HDI sh all inform the

NRC that the action is complete by sending a letter to the Region I

Administrator. HDI shall maintain an individual in this position for a period of

5 years after the date of the Confirmatory Order or until fuel at all HDI nuclear

sites is in dry storage, whichever is sooner.

2. Within 365 days of the date of the C onfirmatory Order, HDI shall effect an

evaluation of HDIs implementation of the corporate security program. The

evaluation team shall be comprised of no more than 50% HDI or HSI

employees, and the remaining participants shall be from an outside

organization (such as a utility or an industry group). The evaluation shall

assess HSIs and HDIs corporate security staffing resources, direct and

indirect oversight, and performance management. The evaluation shall

review the fleet implementation of the security programs at each HDI site to

identify areas of strengths and weaknesses. Within 30 days of completing

this action, HDI shall inform the NRC that the action is complete by sending a

letter to the Region I Administrator and shall make the results of the

evaluation available to the NRC for review during an inspection.

12 F. Effectiveness Reviews

1. Within 90 days of completion of the evaluation described in D.2, HDI shall

complete the first of four quarterly reviews of the effectiveness of the Oyster

Creek security program and the corrective actions implemented in response

to this issue. Within 30 days of completing each review, HDI shall inform the

NRC of the completion of the review by sending a letter to the Region I

Administrator.

2. The effectiveness reviews discussed in Item F.1 shall be conducted by a

team that includes at least one individual from outside the HDI or HSI

organization. For a period of one year after completion of the fourth review,

the documented effectiveness reviews shall be made available to the NRC for

review during an inspection.

G. External Communication

A. By December 31, 2023, HDI shall discuss this issue, including the results of

all of the above-listed evaluations and resulting corrective actions, to the

following industry working groups: a ) the 2023 National Nuclear Security

Conference; and b) Region I Nuclear Security Association. The discussion

shall include reference to any identified organizational weaknesses that HDI

determined contributed to the issue. Within 30 days of completing each

discussion, HDI shall inform the NRC that the action is complete by sending a

letter to the Region I Administrator and shall make the presentation materials

13 available to the NRC for one year after the presentation for review during an

inspection.

2. Terms and Conditions to be taken by NRC:

A. The NRC agrees to issue a reduced civil penalty in the amount of $50,000.

B. The NRC agrees to not issue a separate Notice of Violation in addition to the

Confirmatory Order but, rather, to describe the violations in the body of the

Order instead.

C. The NRC agrees to include the following statement in the Confirmatory Order

and related communications (i.e., press release): As part of this agreement,

HDI has committed to a number of significant actions that are expected to

improve the security performance of the fleet. The NRC notes that, prior to

this ADR session, HDI initiated some measures to address the issues raised

by the apparent violation. The NRC will continue to monitor HDIs progress in

this area.

D. For the NRCs future civil penalty assessment purposes as discussed in the

NRC Enforcement Policy, the NRC agrees that the issuance of this

Confirmatory Order will not be considered as escalated enforcement.

On January 19, 2022, HDI consented to issuing this Confirmatory Order with the

commitments, as described in Section V below. HDI further agreed that this

Confirmatory Order is to be effective upon issuance, the agreement memorialized in this

Confirmatory Order settles the matter bet ween the parties, and that it has waived its right

to a hearing.

14 IV

HDI has committed to a number of significant actions that are expected to

improve the security performance of the fleet. The NRC notes that, prior to the ADR

session, HDI initiated some measures to address the issues raised by the apparent

violations. The NRC will continue to monitor HDIs progress in this area. I find that

HDIs actions completed, as described in Section III above, combined with the

commitments as set forth in Section V are acceptable and necessary, and conclude that,

with these commitments, the public health and safety are reasonably assured.

In view of the foregoing, I have determined that public health and safety require

that HDIs commitments be confirmed by this Confirmatory Order. Based on the above

and HDIs consent, this Confirmatory Order is effective upon issuance.

V

Accordingly, pursuant to Sections 81, 104b, 161b, 161i, 161o, 182 and 186 of the

Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR

2.202, 10 CFR Part 50, 10 CFR Part 72, and 10 CFR Part 73, IT IS HEREBY

ORDERED, EFFECTIVE UPON ISSUANCE, THAT LICENSE NO. DPR-16 IS

MODIFIED AS FOLLOWS:

A. Items to Assure Restoration of Compliance:

1. Within 60 days of the date of the C onfirmatory Order, HDI shall prepare a report

of the maintenance status of all in-service and contingency weapons that are

15 onsite at Oyster Creek as of the date of the C onfirmatory Order. The report shall

specify the dates on which each weapon was last test-fired, cleaned, serviced,

and inspected. Within 30 days of completing this action, HDI sh all inform the

NRC that the action is complete by sending a letter to the Region I Administrator

and shall make the report available to the NRC for review during an inspection.

2. Within 180 days of the date of the C onfirmatory Order, HDI shall complete a root

cause evaluation of the events related to the violations at Oyster Creek described

in this Confirmatory Order in accordance with HDIs corrective action program.

Within 30 days of completing this action, HDI shall inform the NRC that the action

is complete by sending a letter to the Region I Administrator and shall make the

evaluation available to the NRC for review during an inspection.

3. Within 180 days of the date of the C onfirmatory Order, HDI shall review its

process for performing and recording in-service and out-of-service weapons

maintenance. The review shall include a comparison of Oyster Creeks process

versus other nuclear sites, including at least one non-HDI nuclear site. The

evaluation shall identify best practices and consider any changes needed at

Oyster Creek and specify any identified corrective actions. Within 30 days of

completing this action, HDI shall inform the NRC that the action is complete by

sending a letter to the Region I Administrator and shall make the results of the

evaluation available to the NRC for review during an inspection.

16 B. Items to Address Wrongdoing:

1. Within 60 days of the date of the C onfirmatory Order, HDI shall communicate this

issue to the security personnel at Oyster Creek and other HDI decommissioning

nuclear reactor sites. The communication (which may be verbal or via written

communication) will be conducted by the president of HDI and shall specify that

wrongdoing and falsification of records are unacceptable and shall also explain

the specific actions staff must take when unable to complete required activities.

Within 30 days of completing this action, HDI sh all inform the NRC that the action

is complete by sending a letter to the Region I Administrator. The letter shall also

describe the content of the communication.

2. Within 180 days of the date of the Confirmatory Order, HDI will conduct training

to be given to Security personnel at each of HDI's nuclear sites. The training will:

(a) emphasize the importance of complete and accurate information for all

required records, correspondence, and communications with the NRC and its

staff; (b) emphasize individual accountability and clearly express that willful or

deliberate failures to comply with regulations, orders, or license requirements

could result in significant individual enforcement by the NRC; and (c) reinforce

that if any individual recognizes a non-compliance, they will immediately report

the observation of the non-compliance. Within 30 days of completing this action,

HDI shall inform the NRC that the action is complete by sending a letter to the

Region I Administrator and shall make the training materials available to the NRC

for review during an inspection.

17 C. Items to Address Armorer Function Weaknesses:

1. Within 240 days of the date of the Confirmatory Order, HDI shall evaluate its

implementation of the a rmorer function at Oyster Creek. The evaluation shall

include review of the staffing and responsibilities of the position, the methodology

for tracking weapons maintenance status and activities, and supervisory

involvement in verifying completion of required activities. The evaluation shall

also include a comparison of HDI s weapons maintenance processes versus

other nuclear reactor sites, including at least one non-HDI nuclear reactor site.

The evaluation shall identify best practices and consider any changes needed at

Oyster Creek and specify any identified corrective actions. Within 30 days of

completing this action, HDI shall inform the NRC that the action is complete by

sending a letter to the Region I Administrator and shall make the results of the

evaluation available to the NRC for review during an inspection.

2. Within 90 days of completing the evaluation described in Item C.1, HDI shall

communicate (which may be verbal or in writing) to HDI Security management

staff at Oyster Creek the results of the evaluation and any completed or pending

corrective actions. Within 30 days of completing this action, HDI shall inform the

NRC that the action is complete by sending a letter to the Region I Administrator

and shall make the content of the communication available to the NRC for review

during an inspection.

18 D. Items to Address Implementation of Security Program at Oyster Creek:

1. Within 365 days of the date of the C onfirmatory Order, HDI shall administer

training to HDI and Holtec Security International, LLC (HSI) Security staff at

Oyster Creek that focuses on roles and expectations and that reinforces HDIs

responsibility for assuring regulatory compliance. The training shall also include

any insights developed from the root cause evaluation described in Item A.2.

Within 30 days of completing this action, HDI shall inform the NRC that the action

is complete by sending a letter to the Region I Administrator and shall make the

training materials available to the NRC for review during an inspection.

2. Within 365 days of the date of the Confirmatory Order, HDI shall evaluate the

Oyster Creek security program to include the programs organizational

effectiveness, the quality and effectiveness of site security procedures, the

security organizations staffing, training, and communication of standards,

expectations, management engagement and oversight, performance

management, and the results of the root cause evaluation. The evaluation shall

also include a review of the clarity for the security staff about lines of

responsibility and reporting, and the performance and quality of how individual

job performance results are evaluated, documented, and communicated. The

results of the evaluation shall be placed in the Oyster Creek corrective action

program. The evaluation team shall be comprised of no more than 50% HDI or

HSI employees and the remaining participants shall be from an outside

organization (such as a utility or industry group) including a safety culture expert,

external to HDI and HSI. Within 30 days of completing this action, HDI shall

inform the NRC that the action is complete by sending a letter to the Region I

19 Administrator and shall make the results of the evaluation and any related

corrective actions available to the NRC for review during an inspection.

E. Items to Address Corporate Security Oversight

1. Within 90 days of the date of the C onfirmatory Order, HDI shall install a Fleet

Security Director position with sole responsibility for oversight of the security

operations at all HDI nuclear sites. The Site Security Leads shall report to the

Fleet Security Director and the Fleet Security Director shall report to the HDI

President. Within 30 days of completing this action, HDI sh all inform the NRC

that the action is complete by sending a letter to the Region I Administrator. HDI

shall maintain an individual in this position for a period of 5 years after the date of

the Confirmatory Order or until fuel at all HDI nuclear sites is in dry storage,

whichever is sooner.

2. Within 365 days of the date of the C onfirmatory Order, HDI shall effect an

evaluation of HDIs implementation of the corporate security program. The

evaluation team shall be comprised of no more than 50% HDI or HSI emplo yees,

and the remaining participants shall be from an outside organization (such as a

utility or an industry group). The evaluation shall assess HSIs and HDIs

corporate security staffing resources, direct and indirect oversight, and

performance management. The evaluation shall review the fleet implementation

of the security programs at each HDI site to identify areas of strengths and

weaknesses. Within 30 days of completing this action, HDI shall inform the NRC

that the action is complete by sending a letter to the Region I Administrator and

20 shall make the results of the evaluation available to the NRC for review during an

inspection.

F. Effectiveness Reviews

1. Within 90 days of completion of the evaluation described in D.2, HDI shall

complete the first of four quarterly reviews of the effectiveness of the Oyster

Creek security program and the corrective actions implemented in response to

this issue. Within 30 days of completing each review, HDI shall inform the NRC

of the completion of the review by sending a letter to the Region I Administrator.

2. The effectiveness reviews discussed in Item F.1 shall be conducted by a team

that includes at least one individual from outside the HDI or HSI organization.

For a period of one year after completion of the fourth review, the documented

effectiveness reviews shall be made available to the NRC for review during an

inspection.

G. External Communication

1. By December 31, 2023, HDI shall discuss this issue, including the results of all of the

above-listed evaluations and resulting corrective actions, to the following industry

working groups: a) the 2023 National Nuclear Security Conference; and b) Region One

Nuclear Security Associ ation. The discussion shall include reference to any identified

organizational weaknesses that HDI determined contributed to the issue. Within 30 days

of completing each discussion, HDI shall inform the NRC that the action is complete by

21 sending a letter to the Region I Administrator and shall make the presentation materials

available to the NRC for one year after the presentation for review during an inspection.

H. Civil Penalty

1. Within 30 days of the date of issuance of the Confirmatory Order, HDI will pay a civil

penalty of $50,000 through one of the following two methods:

a. Submit the payment with the enclosed invoice to this Order (EA-21-041) to the

following address:

Office of the Chief Financial Officer

U.S. Nuclear Regulatory Commission

P.O. Box 979051

St. Louis, MO 63197

OR

b. Submit the payment in accordance with NUREG/BR-0254.

In addition, at the time payment is made, the licensee shall submit a statement indicating

when and by what method payment was made, to the Director, Office of Enforcement,

22

U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike,

Rockville, MD 20852-2738.

This agreement is binding upon successors and assigns of HDI. The Regional

Administrator, Region I may, in writing, relax or rescind any of the above conditions upon

demonstration by HDI or its successors of good cause.

VI

In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely affected by

this Confirmatory Order, other than HDI, may request a hearing within thirty (30) calendar days

of the date of issuance of this Confirmatory Order. Where good cause is shown, consideration

will be given to extending the time to request a hearing. A request for extension of time must be

made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, and include a statement of good cause for the extension.

All documents filed in NRC adjudicatory proceedings, including a request for hearing and

petition for leave to intervene (petition), any motion or other document filed in the proceeding

prior to the submission of a request for hearing or petition to intervene, and documents filed by

interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed

in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77

FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve all

23

adjudicatory documents over the internet, or in some cases to mail copies on electronic storage

media. Detailed guidance on making electronic submissions may be found in the Guidance for

Electronic Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/site-help/e-

submittals.html. Participants may not submit paper copies of their filings unless they seek an

exemption in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing

deadline, the participant should contact the Office of the Secretary by e-mail at

hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital identification

(ID) certificate, which allows the participant (or its counsel or representative) to digitally sign

submissions and access the E-Filing system for any proceeding in which it is participating; and

(2) advise the Secretary that the participant will be submitting a petition or other adjudicatory

document (even in instances in which the participant, or its counsel or representative, already

holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will

establish an electronic docket for the hearing in this proceeding if the Secretary has not already

established an electronic docket.

Information about applying for a digital ID certificate is available on the NRCs public

Web site at https://www.nrc.gov/site -help/e-submittals/getting-started.html. Once a participant

has obtained a digital ID certificate and a docket has been created, the participant can then

submit adjudicatory documents. Submissions must be in Portable Document Format (PDF).

Additional guidance on PDF submissions is available on the NRCs public Web site at

24

https://www.nrc.gov/site -help/electronic-sub-ref-mat.html. A filing is considered complete at the

time the document is submitted through the NRCs E-Filing system. To be timely, an electronic

filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due

date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends

the submitter an e-mail notice confirming receipt of the document. The E-Filing system also

distributes an e-mail notice that provides access to the document to the NRCs Office of the

General Counsel and any others who have advised the Office of the Secretary that they wish to

participate in the proceeding, so that the filer need not serve the document on those participants

separately. Therefore, applicants and other participants (or their counsel or representative)

must apply for and receive a digital ID certificate before adjudicatory documents are filed so that

they can obtain access to the documents via the E-Filing system.

A person filing electronically using the NRCs adjudicatory E -Filing system may seek

assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link

located on the NRCs public Web site at https://www.nrc.gov/site -help/e-submittals.html, by

e-mail to MSHD.Resource@nrc.gov, or by a toll-free call at 1 -866-672-7640. The NRC

Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday

through Friday, excluding government holidays.

Participants who believe that they have a good cause for not submitting documents

electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their

initial paper filing stating why there is good cause for not filing electronically and requesting

25

authorization to continue to submit documents in paper format. Such filings must be submitted

by: (1) first-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear

Regulatory Commission, Washington, DC 20555- 0001, Attention: Rulemaking and

Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the

Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and

Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible

for serving the document on all other participants. Filing is considered complete by first-class

mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery

service upon depositing the document with the provider of the service. A presiding officer,

having granted an exemption request from using E-Filing, may require a participant or party to

use E-Filing if the presiding officer subsequently determines that the reason for granting the

exemption from use of E-Filing no longer exists.

Documents submitted in adjudicatory proceedings will appear in the NRC s electronic

hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded

pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-

issued digital ID certificate as described above, click cancel when the link requests certificates

and you will be automatically directed to the NRCs electronic hearing dockets where you will be

able to access any publicly available documents in a particular hearing docket. Partic ipants are

requested not to include personal privacy information, such as social security numbers, home

addresses, or personal phone numbers in their filings, unless an NRC regulation or other law

requires submission of such information. For example, in s ome instances, individuals provide

26

home addresses in order to demonstrate proximity to a facility or site. With respect to

copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings

and would constitute a Fair Use application, participants are requested not to include

copyrighted materials in their submission.

The Commission will issue a notice or order granting or denying a hearing request or

intervention petition, designating the issues for any hearing that will be held and designating the

presiding officer. A notice granting a hearing will be published in the Federal Register and

served on the parties to the hearing.

If a person (other than HDI) requests a hearing, that person shall set forth with

particularity the manner in which his interest is adversely affected by this Confirmatory Order

and shall address the criteria set forth in 10 CFR 2.309(d) and (f).

If a hearing is requested by a person whose interest is adversely affected, the

Commission will issue an or der designating the time and place of any hearings. If a hearing is

held, the issue to be considered at such hearing shall be whether this Confirmatory Order

should be sustained.

In the absence of any request for hearing, or written approval of an extension of time in

which to request a hearing, the provisions specified in Section V above shall be final 30 days

from the date of this Confirmatory Order without further order or proceedings. If an extension of

27

time for requesting a hearing has been approved, the provisions specified in Section V shall be

final when the extension expires if a hearing request has not been received.

For the Nuclear Regulatory Commission

Raymond K. Lorson Deputy Regional Administrator NRC Region I

Dated this 26th day of January, 2022.

28

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