ML092080163

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G20090422/LTR-09-0372/EDATS: SECY-2009-0363 - Ltr. Jay E. Silberg Aerotest Radiography and Research Reactor, Request for Extension to Demand Hearing
ML092080163
Person / Time
Site: Aerotest
Issue date: 07/21/2009
From: Silberg J
Aerotest, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:
NRC/SECY/RAS
References
G20090422, LTR-09-0372, SECY-2009-0363
Download: ML092080163 (5)


Text

EDO Principal Correspondence Control FROM: DUE: 07/29/09 EDO CONTROL: G20090422 DOC DT: 07/21/09 FINAL REPLY:

Jay E. Silberg Pillsburg Winthrop Shaw Pittman LLP TO:

Vietti-Cook, SECY FOR SIGNATURE OF : ** GRN ** CRC NO: 09-0372 Leeds, NRR DESC: ROUTING:

Aerotest Radiography and Research Reactor, Borchardt Docket No. 50-228, Request for Extension to Virgilio Demand Hearing (EDATS: SECY-2009-0363) Mallett Ash Ordaz Burns/Gray DATE: 07/24/09 Burns, OGC Carpenter, OE ASSIGNED TO: CONTACT: Collins, RIV Brenner, OPA NRR Leeds Schmidt, OCA Orders, OEDO SPECIAL INSTRUCTIONS OR REMARKS:

Coordinate with OGC, as appropriate.

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EDATS Number: SECY-2009-0363 Source: SECY Genra Inomto Assigned To: NRR OEDO Due Date: 7/29/2009 Other Assignees: SECY Due Date: NONE

Subject:

Aerotest Radiography and Research Reactor, Docket No. 50-228, Request for Extension to Demand Hearing

Description:

CC Routing: NONE ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE IOte Ifrato Cross Reference Number: G20090422, LTR-09-0372 Staff Initiated: NO Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson Learned: NO OEDO Monthly Report Item: NO Action Type: Letter Priority: Medium Sensitivity: None Signature Level: NRR Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions: Coordinate with OGC, as appropriate.

Originator Name: Jay E. Silberg Date of Incoming: 7/21/2009 Originating Organization: Pillsburg Winthrop Shaw Document Received by SECY Date: 7/24/2009 Pittman LLP Addressee: Annette Vietti-Cook, SECY Date Response Requested by Originator: 7/29/2009 Incoming Task Received: Letter Page 1 of I

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Jul 24, 2009 09:32 PAPER NUMBER: 372 LOGGING DATE: 07/22/2009 ACTION OFFICE:

AUTHOR: Jay Silberg AFFILIATION: DC ADDRESSEE: Annette Vietti-Cook, Secretary of Comm

SUBJECT:

AaerotestAerotest Radiograhpy and Research Reactor, Docket No. 50-228, request for extension to demand hearing ACTION: Appropriate DISTRIBUTION: RF, OGC LETTER DATE: 07/21/2009 ACKNOWLEDGED No SPECIAL HANDLING: EDO.. coordinate appropriate action with.. .OGC NOTES:

FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:

EDO -- G20090422

pillsburq Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW I Washington, DC 20037-1122 tel 202.663.8000 fax 202.663.8007 Jay E. Silberg tel 202.663.8063 jay.silberg@pillsburylaw.com License No. R-98 July 21, 2009 Secretary U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 Attn: Rulemakdngs and Adjudication Staff Re: Aerotest Radiography and Research Reactor, Docket No. 50-228, Request for Extension To Demand Hearing Ladies and Gentlemen:

By letter dated July 9, 2009, the U.S. Nuclear Regulatory Commission's

("NRC") Director of the Office of Nuclear Reactor Regulation informed Aerotest Operations, Inc. ("Aerotest") that the NRC was proposing to deny Aerotest's application to renew Aerotest Radiograph and Research Reactor's ("ARRR") Facility License R-98. The Director's letter stated that Aerotest has the right to demand a hearing within 20 days of the date of the letter (i.e., until July 29, 2009).

The Director's letter stated that the reason for the proposed denial is the NRC's finding that Aerotest has allegedly failed to comply with the NRC's requirements relating to foreign ownership, control, or domination law. On April 6, 2009, representatives of Aerotest met with the NRC to discuss issues related to the ARRR license, including foreign ownership. Aerotest considers the actions contemplated by the NRC with regard to the ARRR license and the ARRR renewal request to be related because both apparently are based on foreign ownership, control, or domination considerations. At the April 6, 2009, meeting, the NRC indicated that it was considering a period of at least 180 days to resolve the issues with the ARRR license. Therefore, pursuant to 10 C.F.R. §§ 2.103(b)(2) and 2.346(b), Aerotest requests a corresponding extension to January 25, 2010 to consider whether to request a hearing with respect to the proposed denial.

Page 2 of 2 July 21, 2009 On June 18, 2009, Autoliv ASP, Inc. (parent corporation of Aerotest) and X-Ray Industries, Inc. entered into a non-binding letter of intent for the sale of ARRR to X-Ray Industries, Inc. The 180 day requested extension is expected to provide sufficient time for the parties to complete their due diligence for this potential

-transaction, as well as the submittal of an application to the NRC for license transfer and associated NRC action.

Sincerely, J Silber g Counsel for Aerotest Operations, Inc.

cc: U.S. NRC Office of Nuclear Reactor RegulationINRLPO U.S. NRC Region IV, Regional Administrator NRC, NRR (C. Montgomery)

NRC, OGC (C. Safford)