ML23255A014

LTR-23-0211 Thomas Congdon, Executive Deputy, Department of Public Service, Chair, Indian Point Decommissioning Oversight Board, Letter Independent Spent Fuel Storage Installation Inspection and Office of the Inspector General Report

ML23255A014
Person / Time
Site:	Indian Point
Issue date:	08/31/2023
From:	Congdon T State of NY, Public Service Commission
To:	Doug Tifft NRC Region 1
Shared Package
ML23255A015	List: ML23255A014
References
LTR-23-0211
Download: ML23255A014 (1)

Text

w Indian Point 4 RK Thomas Congdon

~TE Decommissioning Chair Oversight Board

August 31, 2023 Via Email Douglas Tifft State Liaison Officer, Region 1 U.S. Nuclear Regulatory Commission 475 Allendale Road, Suite 102 King of Prussia, PA 19406-1415 doug.tifft@nrc.gov

Re: ISFSI Inspection and OIG Report

Dear Mr. Tifft,

The Indian Point Decommissioning Oversight Board was recently made aware of an issue concerning NRC oversight and inspections of spent nuclear fuel storage. In February 2023, the Nuclear Regulatory Commissions Office of the Inspector General (OIG) issued a report on its audit of the U.S. Nuclear Regulatory Commission (NRC) Region IIs oversight of Independent Spent Fuel Storage Installations (ISFSIs).1 OIGs chief findings were that NRC Region II, which covers the southeast states, used unqualified inspectors between 2012 and 2020 for dry cask oversight and the inspectors used less than 20 percent of the hours specified to adequately perform the dry cask inspections.

As you know, there are four sites actively storing spent nuclear fuel in dry casks, also known as ISFSIs, in New York State. These sites are co -located with New Yorks operating nuclear plants at R.E. Ginna, Nine Mile Point, James A. FitzPatrick, along with the Indian Point site which is currently undergoing decommissioning. While these New York ISFSI sites are located in NRCs Region 1, this reports findings are deeply concerning and raise many questions on the adequacy, timeliness, and depth of NRC oversight and inspections for spent nuclear fuel.

To ensure the issues experienced in Region II are not prevalent at New Yorks ISFSIs, the Decommissioning Oversight Board requests NRC respond to the following:

1. For each of New Yorks operating ISFSIs (Indian Point, R.E. Ginna, Nine Mile Point, and James A. FitzPatrick), please provide the date and accession number for all NRC inspection reports issued with a focus on ISFSI activities.

1 SPECIAL INQUIRY INTO THE U.S. NUCLEAR REGULATORY COMMISSION REGION IIS INSPECTIONS OF INDEPENDENT SPENT FUEL STORAGE INSTALLATIONS AT OPERATING REACTORS, NRC OIG Case No.20-012 (report issued February 21, 2023) available at https://nrcoig.oversight.gov/reports /investigation/special -inquiry-us-nuclear-regulatory-commission-region-iis-inspections.

Indi a n Po int Dec ommi ssioning Ove rsight Bo ar d Th ree Empire State Pla za, Alb a n y, NY 12223 -1350 (518) 474 - 7080

a. How many inspection hours were spent on each of these ISFSI inspections?

b. Were the individuals conducting each ISFSI inspection fully qualified in accordance with NRCs qualification standards and ISFSI inspection procedures?

2. Has the NRC conducted any New York State ISFSI inspection where the report has not been made public?

3. The first NRC inspection report for ISFSIs/dry casks at Indian Point was dated February 9, 2010. By that time, dry casks had been loaded at the Indian Point site since January 11, 2008, with a total of 5 IP Unit 1 dry casks and 7 IP Unit 2 dry casks loaded. Why didnt NRC inspect dry cask loading operations at Indian Point during the first two years?

We would appreciate a timely response to these questions. Any questions may be directed to the DOB Executive Director, Mr. Kaczmarek, at thomas.kaczmarek@dps.ny.gov or 518-486-2829.

Sincerely,

s/ Thomas Congdon

Thomas Congdon Executive Deputy, Department of Public Service Chair, Indian Point Decommissioning Oversight Board

Copies to (via email):

Alyse Peterson, NYSERDA Molly Marsh, NRC Office of the Chairman Thomas Kaczmarek, DPS John Sipos, DPS

Bridin McCloskey

Attachments: 2023 08 31 NYS Indian Point DOB Letter to NRC re ISFSI oversight (final).pdf

From:Sipos,John(DPS)<John.Sipos@dps.ny.gov>

Sent:Thursday,August31,20235:35PM To:DougTifft(He/Him/His)<Doug.Tifft@nrc.gov>

Cc:MollyMarsh<Molly.Marsh@nrc.gov>;Peterson,AlyseL(NYSERDA)<Alyse.Peterson@nyserda.ny.gov >;Kaczmarek, Thomas(DPS)<Thomas.Kaczmarek@dps.ny.gov>;Congdon,Thomas(DPS)<Thomas.Congdon@dps.ny.gov>

Subject:

[External_Sender]LetterfromNYDecommissioningOversightBoardreSentFuelStorageInstallations

GoodafternoonMr.Tifft:

AttachedpleasefindaletterfromThomasCongdon,ChairoftheNYIndianPointDecommissioningOversight Board,aboutarecentlyissuedInspectorGeneralreportconcerninginspectionandoversightofindependent spentfuelstorageinstallationsinNRCRegionIIaswellasquestionsconcerningtheinspectionofsuchstorage installationslocatedinNewYorkState.

Pleaseletusknowifyouencounterdifficultiesopeningtheattachmentorhavequestions.

Thankyou.

JohnSipos DepartmentofPublicService OfficeofGeneralCounsel

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