ML11264A154

Aerotest Radiography and Research Reactor - Eighth Response to NRC Letters of February 26, 2011 and May 24, 2011

ML11264A154
Person / Time
Site:	Aerotest
Issue date:	09/20/2011
From:	Haemer R Aerotest, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML11264A154 (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 Robert B. Haemer tel 202.663.9086 robert.haemer@pillsburylaw.com License No. R-98 September 20, 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 Eighth Response to NRC Letters of February 26, 2011 and May 24, 2011 Ladies and Gentlemen:

This letter provides the eighth response to U.S. Nuclear Regulatory Commission

("NRC") letters dated February 26, 2011 and May 24, 2011 in the above docket.

This letter forwards an affidavit executed by Dario Brisighella on September 19, 2011, updating the previous responses. The attached identifies that another entity has entered into negotiations over the sale of Aerotest Radiography and Research Reactor ("ARRR"). In addition, the attached states that EnergySolutions has informed Aerotest Operations, Inc. ("Aerotest") that some of its submittals to Aerotest are delayed. The affidavit affirms that, despite these delays, Aerotest believes that the Decommissioning Plan will be submitted to the NRC by December 12, 2011.

On February 26, 2011, the NRC issued a Confirmatory Action Letter ("CAL") in this docket, describing the actions 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 ARRR. Aerotest will provide its next update under the CAL by November 15, 2011.

Document Control Desk September 20, 2011 Page 2 of 2 On May 24, 2011, the NRC issued a Request for Additional Information ("RAI").

The RAI requested that Aerotest provide at 14 day intervals an update of the information request in the RAI. Unless otherwise directed by the NRC, Aerotest will provide its next update in response to the RAI by October 4, 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 (robert.haemerapillsburylaw.com) or Michael S. Anderson, Secretary of Aerotest at (248) 475-0442 (mike.anderson(Dautoliv.com).

Sincerely, Robert B. Haemer Counsel for Aerotest Operations, Inc.

Attachments Affidavit of Dario Brisighella dated September 19, 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 )

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COUNTY OF WEBER )

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 second Non-Disclosure Agreement ("NDA") with a potential buyer and that entity will commenced due diligence reviews of the Aerotest Radiography and Research Reactor ("ARRR"). The due diligence reviews from the previous entity that signed a NDA are continuing.

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 remain as described in paragraph 2 of Aerotest letter of January 7, 2011.

7. After reviewing proposals from two decommissioning contractors, EnergySolutions, Inc. ("EnergySolutions") was selected as the decommissioning contractor in January 2011. A contract with EnergySolutions was signed in late February 2011.

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.

Completing the final site characterization plan is delayed from September 23, 2011 to mid-October. EnergySolutions continues working on a draft decommissioning plan but

will not submit it to Aerotest for review by October 20, 2011. Aerotest still plans to submit the decommissioning plan to the NRC on or before December 12, 2011.

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 A President, Aerotest Operations, Inc.

Subscribed and sworn to before me, a Notary Public, in and for the county and state above named, this day of September, 2011.

04tPublic m n( the State ,f Utah My Commission Expires: SCOVILL MCEpe TERR Notary Publ ic*State of Utah