ML090830578

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Proposed Denial of Renewal of Facility Operating License No. R-98
ML090830578
Person / Time
Site: Aerotest
Issue date: 07/09/2009
From: Leeds E
Office of Nuclear Reactor Regulation
To: Mary Anderson, Brisighella D
Aerotest, Autoliv ASP
Montgomergy, C K, NRR/DPR, 415-3398
References
TAC MD8177
Download: ML090830578 (4)


Text

July 9, 2009 Mr. Dario Brisighella, President Aerotest Operations, Inc.

3350 Airport Road Ogden, UT 84405

SUBJECT:

AEROTEST OPERATIONS, INC. - PROPOSED DENIAL OF APPLICATION FOR RENEWAL OF FACILITY LICENSE NO. R-98 (TAC NO. MD8177)

Dear Mr. Brisighella:

By letter dated February 28, 2005, to the U.S. Nuclear Regulatory Commission (NRC) and supplemented by letters dated March 2 and 31, 2005, May 5, 2008 and March 9, 2009, Aerotest Operations, Inc. (Aerotest) applied for renewal of the Aerotest Radiography and Research Reactor (ARRR) Facility Operating License R-98. The NRC staff has completed a review of the application and has determined that Aerotest has failed to satisfy the requirements of Section 104 of the Atomic Energy Act of 1954 (the Act), as amended, and Title 10 of the Code of Federal Regulations (CFR) Section 50.38 regarding foreign ownership, control, or domination.

The NRC found that Aerotest is controlled or dominated by its ultimate corporate parent, Autoliv, Inc. The majority of the board of directors and the executive officers of Autoliv, Inc., are non-U.S. citizens. For this reason, NRC is proposing to deny the Aerotest application for license renewal.

Aerotest has the right to demand a hearing within 20 days from the date of this letter pursuant to 10 CFR 2.103(b)(2). A request for hearing should be submitted, in writing, to the Secretary, Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, with a copy to the Assistant General Counsel for Hearings, Enforcements, and Administration, Office of the General Counsel, at the same address. Refer to 10 CFR 2.302, Filing of Documents, for additional filing options and instructions.

Should you have any questions, please contact Cindy Montgomery at (301) 415-3398 or cindy.montgomery@nrc.gov.

Sincerely,

/RA/

Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98 cc: See next page

July 9, 2009 Mr. Michael S. Anderson Vice President for Legal Affairs and General Counsel Autoliv ASP, Inc.

1320 Pacific Drive Auburn Hills, MI 48326

SUBJECT:

AEROTEST OPERATIONS, INC. - PROPOSED DENIAL OF APPLICATION FOR RENEWAL OF FACILITY LICENSE NO. R-98 (TAC NO. MD8177)

Dear Mr. Anderson:

By letter dated February 28, 2005, to the U.S. Nuclear Regulatory Commission (NRC) and supplemented by letters dated March 2 and 31, 2005, May 5, 2008 and March 9, 2009, Aerotest Operations, Inc. (Aerotest) applied for renewal of the Aerotest Radiography and Research Reactor (ARRR) Facility Operating License R-98. The NRC staff has completed a review of the application and has determined that Aerotest has failed to satisfy the requirements of Section 104 of the Atomic Energy Act of 1954 (the Act), as amended, and Title 10 of the Code of Federal Regulations (CFR) Section 50.38 regarding foreign ownership, control, or domination.

The NRC found that Aerotest is controlled or dominated by its ultimate corporate parent, Autoliv, Inc. The majority of the board of directors and executive officers of Autoliv, Inc., are non-U.S. citizens. For this reason, NRC is proposing to deny the Aerotest application for license renewal.

Aerotest has the right to demand a hearing within 20 days from the date of this letter pursuant to 10 CFR 2.103(b)(2). A request for hearing should be submitted, in writing, to the Secretary, Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, with a copy to the Assistant General Counsel for Hearings, Enforcements, and Administration, Office of the General Counsel, at the same address. Refer to 10 CFR 2.302, Filing of Documents, for additional filing options and instructions.

Should you have any questions, please contact Cindy Montgomery at (301) 415-3398 or cindy.montgomery@nrc.gov.

Sincerely,

/RA/

Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98 cc: See next page

ML090830578 *via email OFFICE PRTA: PM PRTA: LA OGC PRTA:BC DPR: DD NAME CMontgomery GLappert CMarco KBrock TMcGinty DATE 03/25/09 03/25/09 03/27/09 03/30/09 05/6/09 OFFICE OPA* OCA* NRR: OD NAME SBurnell EDacus ELeeds DATE 05/6/09 05/6/09 07/09/09 cc:

Identical Letter Sent To:

Michael S. Anderson Vice President for Legal Affairs and General Counsel Autoliv ASP, Inc.

1320 Pacific Drive Auburn Hills, MI 48326 Jay Silberg Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1122

cc:

Identical Letter Sent To:

Mr. Dario Brisighella, President Aerotest Operations, Inc.

3350 Airport Road Ogden, UT 84405 Jay Silberg Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1122