ML11208B452
| ML11208B452 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 07/26/2011 |
| From: | Silberg J Aerotest, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML11208B452 (4) | |
Text
pillsburq Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW I Washington, DC 20037-1122 I tel 202.663.8000 I fax 202.663.8007 Jay E. Silberg tel 202.663.8063 jay.silberg@pillsburylaw.com License No. R-98 July 26, 2011 U.S. Nuclear Regulatory Commission Attn: Document Control Desk 11555 Rockville Pike Rockville MD 20852 via courier Aerotest Radiography and Research Reactor Docket No. 50-228 Fourth Response to NRC Letters of February 26, 2011 and May 24, 2011 Ladies and Gentlemen:
This letter provides the fourth response to U.S. Nuclear Regulatory Commission
("NRC") letters dated February 26, 2011 and May 24, 2011 in the above docket.
On February 26, 2011, the NRC issued a Confirmatory Action Letter ("CAL") in this docket, describing the actions Aerotest Operations, Inc. ("Aerotest") agreed it had taken or will take regarding operations, amending the license, staffing, decommissioning planning, and managing and funding disposition of fuel associated with the Aerotest Radiography and Research Reactor ("ARRR").
As requested by the CAL, Aerotest's letter of March 23, 2011, provided the first response to the CAL and informed the NRC of any differences in understanding; provided prior notice to the NRC of any changes, deviations or incomplete commitments at the time; and confirmed completion of actions.
On May 24, 2011, the NRC issued a Request for Additional Information ("RAI").
Aerotest letter dated June 14, 2011 provided the first response to the RAI.
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Document Control Desk July 26, 2011 Page 2 of 2 The RAI requested that Aerotest provide at 14 day intervals an update of the information request in the RAI. Aerotest letter dated June 28, 2011 provided the second update. Aerotest letter dated July 12, 2011 provided the third update. This letter forwards an affidavit executed by Dario Brisighella on July 25, 2011, updating the previous responses.
Aerotest will provide its next update under the CAL by October 4, 2011 and its next update in response to the RAI by August 9, 2011.
The undersigned affirms the accuracy of the contents of this letter to best of his knowledge and belief. If you have any questions regarding this submittal, please contact the undersigned at (202) 663-8063 (way.silberaq-pillsburylaw.com) or Michael S.
- Anderson, Secretary of Aerotest at (248) 475-0442 (mike.andersonmautoliv.com).
Sincerely,
'J Silberg Counsel for Aerotest Operations, Inc.
Attachments Affidavit of Dario Brisighella dated July 25, 2011 cc:
U.S. NRC Office of Nuclear Reactor Regulation/NRLPO U.S. NRC Region IV, Regional Administrator NRC, NRR (C. Montgomery)
NRC, OGC (S. Uttal)
AFFIDAVIT OF DARIO BRISIGHELLA STATE OF UTAH COUNTY OF WEBER
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I, Dario Brisighella, President Aerotest Operations, Inc., do hereby affirm and state:
- 1.
I am authorized to execute this affidavit on behalf of Aerotest Operations, Inc.
(hereinafter referred to as "Aerotest").
- 2.
I provide this affidavit pursuant to the actions described in the NRC letter to Aerotest of February 26, 2011, also known as a Confirmatory Action Letter.
This affidavit also responds to the request for additional information in NRC letter of May 24, 2011.
- 3.
Aerotest has signed a buyer and that entity has Radiography and Research continuing.
Non-Disclosure Agreement with an agent of a potential commenced due diligence reviews of the Aerotest Reactor ("ARRR").
Those due diligence reviews are
- 4.
Aerotest plans to submit to the NRC a request for a possession only license within thirty days after negotiations with current potential buyers cease or in conjunction with submitting the decommissioning plan, whichever comes first. A letter stating that the ARRR has permanently ceased operations would be submitted at the time a request for a possession only license is submitted.
- 5.
Current operations and status of the ARRR remain as described in paragraph 1 of Aerotest letter of January 7, 2011.
- 6.
Current staffing of the ARRR remains as described in paragraph 2 of Aerotest letter of January 7,2011.
- 7.
After reviewing proposals fror EnergySolutions, Inc. ("EnergySolutions")
contractor in January 2011.
A contract February 2011.
n two decommissioning contractors, was selected as the decommissioning with EnergySolutions was signed in late
- 8.
EnergySolutions commenced site characterization, including a historical site assessment, on March 16, 2011.
EnergySolutions has provided a draft historical site assessment report and a draft site characterization report to Aerotest for review.
EnergySolutions continues working on a draft decommissioning plan.
- 9.
Aerotest is developing a decommissioning funding plan in parallel with the EnergySolutions preparation of the decommissioning plan.
- 10.
Fuel management options continue to be studied.
- 11.
Aerotest is preparing a fuel management funding plan in parallel with the EnergySolutions work.
- 12.
Aerotest has no plans to commence research or N-ray work at the ARRR.
Aerotest is not aware of any regulatory approvals required prior to resuming such work.
Dario Brisighella, being duly sworn, states that I am President of Aerotest, that I am authorized on the part of said Company to sign and file with the U. S. Nuclear Regulatory Commission this affidavit, and that all the matter and facts set forth herein are true and correct to the best of my knowledge.
Dario Brisighella President, Aerotest Operations, Inc.
Subscribed and swo.to before me, a Notary Public, in and for the county and state above named, this day of July, 2011.
""--ta Publfi-cin and ýfor" the Sta~te of-Utah My Commission Expires:
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- [*i*_Notary Public. State of Utah*
Commission # 575822
- *My Commission Expires October 20.2012