ML13018A003

Public Meeting Summary with Aerotest Operations, Inc., and Nuclear Labyrinth, LLC NRC Request for Additional Information on License Transfer Application

ML13018A003
Person / Time
Site:	Aerotest
Issue date:	01/18/2013
From:	Traiforos S Research and Test Reactors Licensing Branch
To:	Office of Nuclear Reactor Regulation
Traiforos, Spyros
Shared Package
ML13017A253	List: ML13018A003
References
Download: ML13018A003 (5)

Text

January 18, 2013 LICENSEE: Aerotest Operations Inc.

FACILITY: Aerotest Radiography and Research Reactor

SUMMARY

OF DECEMBER 19, 2012, MEETING WITH AEROTEST OPERATIONS, INC., AND NUCLEAR LABYRINTH LLC, ON THE REQUEST FOR ADDITIONAL INFORMATION ON THE PROPOSED INDIRECT LICENSE TRANSFER APPLICATION OF THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR On December 19, 2012, a Category 1 public meeting was held between the U.S. Nuclear Regulatory Commission (NRC), representatives of Aerotest Operations, Inc., (Aerotest), Nuclear Labyrinth, LLC, (the applicants) and Pillsbury Winthrop Shaw Pittman LLP, the counsel of Aerotest, at NRC Headquarters, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The purpose of the meeting was to discuss the NRC request for additional information (RAIs) dated December 10, 2012, on the proposed indirect license transfer application of the Aerotest Radiography and Research Reactor (ARRR). A list of attendees is provided as Enclosure 1.

The first part of the meeting was open to the public. The second part of the meeting was closed to the public because the NRC staff and the applicants determined that it contained information that was proprietary in nature.

Following introductions, the NRC Acting Director of the Division of Policy and Rulemaking (DPR) of the Office of Nuclear Reactor Regulation, Ms. Mary Muessle, reiterated that the goal of the meeting was to ensure that the applicants for the indirect license transfer application of ARRR have a complete understanding of the NRC request for additional information (RAI) and to hear from the applicants any new information that would help the NRC staff understand the applicants path forward. These RAIs were aimed at addressing incomplete information provided by the applicants in previous responses to RAIs. Ms. Muessle also stated that the NRC realizes that this is the second transfer application submitted by the licensee, Aerotest Operations, Inc. However, the applicants will need to recognize that each financial assurance review is conducted on a case- by-case basis, and that it is the responsibility of the applicants to demonstrate sufficient funding in the following areas to receive approval:

1. Operating costs for the reactor for the license term with detail information for the first five years

2. Decommissioning of the reactor

3. Safe storage of fuel from permanent reactor shutdown to when fuel is moved offsite

Aerotest Operations, Inc. The applicants proceeded with addressing the NRC RAIs. They asked clarifying questions on the documentation required to establish financial assurance, including additional sources of funds to cover operations and maintenance that were not discussed in previous submittals.

Also, the method to be used to adjust levels of funds assured for decommissioning and finally fuel storage costs. The NRC staff indicated that Title 10 of the Code of Federal Regulations (10 CFR) Section 50.75, Reporting and recordkeeping for decommissioning planning and 10 CFR 50.33, Contents of application; general Information, provide details to support the RAIs.

The applicants requested from the NRC publicly available examples of a support agreement between applicants, and a spent fuel plan. As requested by the applicants, the NRC provided an example of a Support Agreement (ML090630426) and an example of a Spent Fuel Management Plan (ML082910294). The applicants agreed to provide responses to the RAIs on or about January 10, 2013.

Members of the public were not in attendance. Public Meeting Feedback forms were not received.

Please direct any inquiries to me at 301-415-3965, or Spyros.Traiforos@nrc.gov.

/RA/

Spyros Traiforos, Project Manager Research and Test Reactor Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No.: 50-228

Enclosure:

1. List of Attendees cc w/encl: See next page

Aerotest Operations, Inc. The applicants proceeded with addressing the NRC RAIs. They asked clarifying questions on the documentation required to establish financial assurance, including additional sources of funds to cover operations and maintenance that were not discussed in previous submittals.

Also, the method to be used to adjust levels of funds assured for decommissioning and finally fuel storage costs. The NRC staff indicated that Title 10 of the Code of Federal Regulations (10 CFR) Section 50.75, Reporting and recordkeeping for decommissioning planning and 10 CFR 50.33, Contents of application; general Information, provide details to support the RAIs.

The applicants requested from the NRC publicly available examples of a support agreement between applicants, and a spent fuel plan. As requested by the applicants, the NRC provided an example of a Support Agreement (ML090630426) and an example of a Spent Fuel Management Plan (ML082910294). The applicants agreed to provide responses to the RAIs on or about January 10, 2013.

Members of the public were not in attendance. Public Meeting Feedback forms were not received.

Please direct any inquiries to me at 301-415-3965, or Spyros.Traiforos@nrc.gov.

/RA/

Spyros Traiforos, Project Manager Research and Test Reactor Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No.: 50-228

Enclosure:

1. List of Attendees cc w/encl: See next page DISTRIBUTION:

PUBLIC GLappert, NRR PIsaac, NRR Branch Reading STraiforos, NRR RidsNrrrDprPrta Resource AAdams, NRR RTurtil RidsNrrDpr Resource RidsOgcRp Resource SUttal, OGC RidsNrrDprPrtb Resource STraiforos, NRR MMuessle, NRR ADAMS Accession Number: PKG: ML13017A253; Meeting Notice ML12338A001; Meeting Summary ML13018A003 NRC-001 OFFICE DPR/PRLB/PM DPR/PRLB/PM DPR/PRLB/ABC DPR/PRLB/PM NAME STraiforos GLappert PIsaac STraiforos DATE 1/17/2013 1/18/2013 1/18/13 1/18/13 OFFICIAL RECORD COPY

LIST OF ATTENDEES DECEMBER 19, 2012, MEETING WITH AEROTEST OPERATIONS, INC., AND NUCLEAR LABYRINTH LLC, TO DISCUSS THE REQUEST FOR ADDITIONAL INFORMATION ON THE PROPOSED INDIRECT LICENSE TRANSFER APPLICATION OF THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR.

Name Organization M. Muessle U.S. NRC D. Slaughter Nuclear Labyrinth LLC A. Simpson U.S. NRC K. Harshaw Pillsbury J. Silberg Pillsbury M. Anderson Aerotest Operations, Inc./Autoliv ASP J. Lian U.S. NRC S. Traiforos U.S. NRC P. Isaac U.S. NRC A. Adams U.S. NRC D. Marquez Alston and Bird LLP M. Barkman Marsh U.S. NRC B. Mizuno U.S. NRC R. Turtil U.S. NRC M. Dusaniwskyj U.S. NRC Participated by phone:

S. Uttal U.S. NRC D. Brisighella Aerotest Operations, Inc./Autoliv ASP S. Warren Aerotest Operations, Inc.

ENCLOSURE 1

Aerotest Operations, Inc. Docket No. 50-228 cc:

Sandy Warren, General Manager Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583 California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814 Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Pillsbury Winthrop Shaw Pittman LLP ATTN: Kimberly Hershaw 2300 N Street, NW Washington, DC 20037-1122 Pillsbury Winthrop Shaw Pittman LLP ATTN: Jay Silberg 2300 N Street, NW Washington, DC 20037-1122 Michael S. Anderson Secretary of Aerotest Autoliv ASP, Inc.

1320 Pacific Drive Auburn Hills, MI 48326 Mr. Dario Brisighella, President Aerotest Operations, Inc.

3350 Airport Road Ogden, UT 84405 Dr. David M. Slaughter, Chief Executive Officer Nuclear Labyrinth LLC 10874 South Bay Meadow Circle Sandy, UT 84092