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MONTHYEARML16020A5462016-01-21021 January 2016 Inc. and Nuclear Labyrinth LLC-Request for Additional Information Opportunity to Supplement 2012 License Transfer Application Project stage: RAI ML16117A2592016-04-21021 April 2016 Response to Request for Additional Information Re; Opportunity to Supplement 2012 License Transfer Application Project stage: Supplement ML16176A2212016-06-16016 June 2016 Request for Proprietary Treatment for Supplemental Response to Request for Additional Information Opportunity to Supplement 2012 License Transfer Application Project stage: Supplement ML16188A0652016-07-11011 July 2016 Request for Withholding Information from Public Disclosure for the Aerotest Radiography and Research Reactor Project stage: Withholding Request Acceptance ML16182A3972016-07-20020 July 2016 Inc. and Nuclear Labyrinth LLC - Request for Additional Information Supplemented 2012 Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10 CFR 50.80 Project stage: RAI ML16245A2302016-08-22022 August 2016 Pillsbury, Winthrop, Shaw, Pittman, Llp, Submittal of Response to Request for Additional Information Regarding Opportunity to Supplement 2012 License Transfer Application Project stage: Supplement ML16214A1252016-09-0808 September 2016 Notice of Consideration of Approval of Application Regarding Proposed Indirect Transfer and Conforming Amendments Project stage: Other ML16294A2502016-10-10010 October 2016 Aerotest Radiography and Research Reactor Response to Request for Additional Information Regarding Opportunity to Supplement 2012 License Transfer Application Project stage: Supplement ML16333A4472017-02-28028 February 2017 Labyrinth LLC, Draft Conforming Amendment for Indirect License Transfer of Aerotest Radiography and Research Reactor Project stage: Draft Other ML16333A4492017-02-28028 February 2017 Labyrinth LLC, Safety Evaluation Related to Indirect License Transfer and Conforming Amendment for Aerotest Radiography and Research Reactor (Redacted) Project stage: Approval ML16333A4462017-02-28028 February 2017 Labyrinth LLC, Transmittal Letter for Order Approving Indirect Transfer of License and Conforming Amendment for Aerotest Radiography and Research Reactor Project stage: Other 2016-07-11
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Category:Letter
MONTHYEARML24361A1512024-12-12012 December 2024 Comments on Advance Act Section 507 ML24324A3472024-11-14014 November 2024 $300,000.00 Cash Secured Irrevocable Standby by Letter of Credit as Required in Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML16333A448 ML24270A2422024-09-26026 September 2024 OIG Case 21-012 Response to OIG Letter Dated September 4, 2024 Regarding NRC-OIG Decision to Carry Over Case 21-012 Investigation Findings to Report for Case 21-016 ML24235A5122024-08-22022 August 2024 NRC-OIG_Failure_8-22-24_final ML24220A0532024-08-12012 August 2024 Response to Dr. Slaughter on Final Denial of Claims ML24197A1112024-07-10010 July 2024 Letter Regarding Denying Reimbursement for Service the NRC Did Not Perform in a Satisfactory Manner ML24151A6482024-06-0303 June 2024 Changes in Reactor Decommissioning Branch Project Management Assignments for Some Decommissioning Facilities ML24134A2072024-05-13013 May 2024 Aerotest - NRC Acknowledgment Letter for CFH Program NOV EA-23-118 ML24108A0762024-05-0606 May 2024 Missing Documents on Agencywide Documents Access and Management System ML24085A2662024-03-20020 March 2024 Requesting a Comprehensive Congressional Review Be Conducted of the NRCs Performance Concerning Their Actions Associated with Aerotest Operations Inc (AO) as Outlined in NRC-OIG Investigation 021-012 and 021-016 ML24073A2182024-03-18018 March 2024 Inc. - NRC Inspection Report 050 00228/2023001, Response to Disputed Minor Violation ML23310A1122024-03-0606 March 2024 Aerotest - Letter, License Amendment 7 and SE Approving the Decommissioning Plan for the Radiography and Research Reactor ML24061A0232024-02-27027 February 2024 EA-23-118, Violation 050-00228/203-001-00lA ML24057A0102024-02-21021 February 2024 Inc - Minor Violation (TS 12.6.1) 050-00228/2023-001 and NRCs Definition of Annually ML24057A0112024-02-21021 February 2024 Inc - Response to Notice of Violation No 05000228/2020201 IR 05000228/20202012024-02-20020 February 2024 NRC Inspection Report 05000228/2020201, and Disputed Cited Violation Closed ML24054A0542024-02-16016 February 2024 Missing Documents on Agencywide Documents Access and Management System (ADAMS) ML24039A0382024-02-0808 February 2024 NRC Inspection Report 050-00228/2023-001 (Revised), and Notice of Violation ML24025A1672024-02-0505 February 2024 NRC Inspection Report 050-00228/2023-001, Disputed Cited Violation and Minor Violation Revised, EA-23-118 ML24026A0572024-01-23023 January 2024 EA-23-118 - Missing NRCs 90-day Written Response to Aerotest Operations, Inc., Response to NRC Inspection Report 05000228/2023001 and Dispute of Violation ML24011A2242023-11-10010 November 2023 Letter Informing That New Information Is Available to Show Inadequate Oversight by NRC Caused Damage to Other Non-Power Nuclear Facilities ML23279A1062023-10-0202 October 2023 Response to Violation 05000228/2023001-001B ML23255A0362023-09-0909 September 2023 Response to Inspection Report 050-00228/2023-001 ML23255A0342023-09-0909 September 2023 Response to Violation 050-00228/2023-001-00lA IR 05000228/20230012023-08-24024 August 2023 NRC Inspection Report 05000228/2023001, and Notice of Violation ML23219A1882023-08-24024 August 2023 NRC Inspection Report 05000228/2023001, and Notice of Violation ML23187A0562023-07-0101 July 2023 Radiation Safety Officer Change Update ML23187A0582023-07-0101 July 2023 July 1, 2022 Thru June 30, 2023 Summary of Changes, Tests, and Experiments ML23157A0662023-05-24024 May 2023 Letter from David Slaughter, Aerotest Operations, Inc. Inadequate Oversight of Non-Power Reactor OIG Case No. 21-012 and Requested Payment for Damages Caused by the NRCs Inadequate Oversight ML22361A1022023-02-24024 February 2023 Reactor Decommissioning Branch Project Management Changes for Some Decommissioning Facilities and Establishment of Backup Project Manager for All Decommissioning Facilities ML22340A0062022-11-16016 November 2022 Reference Documents from Decommissioning Plan ML22215A1522022-07-21021 July 2022 Aerotest Radiography and Research Reactor - AO RAI Responses for Decommissioning Plan ML22187A0852022-07-0101 July 2022 Inc - July 1, 2021 Thru June 30, 2022 Summary of Changes, Tests, and Experiments ML22152A2522022-06-28028 June 2022 Request for Additional Information on Review of Request for Amendment to Approve Decommissioning Plan, Arrr (License No. R-98, Docket No. 50-228) ML22060A2602022-03-21021 March 2022 Change in NRC Staff Project Management Responsibility for the Aerotest Radiography and Research Reactor ML22040A1992022-03-0909 March 2022 Examination Confirmation Letter No. 50-288/OL-22-03, Reed College ML22025A2002022-01-20020 January 2022 Amendment to AO Decommissioning Plan Submittal Letter Dated July 20, 2021, Agencywide Documents Access, and Management System (ADAMS) Accession No. ML21230A304 ML21307A3242022-01-12012 January 2022 Request for Supplemental Information for Decommissioning Plan, Arrr (License R-98, Docket 50-228) ML21344A0332022-01-0303 January 2022 Aerotest Letter from the Chief Financial Officer Regarding Additional Information for the Fees Assessed Under to Aerotest Operations, Inc. (Aerotest) within Invoice Number Lfb 22-0346 ML21361A0472021-12-21021 December 2021 Response to December 6, 2021 NRC Pol Issuance; the Licensee and Its Reactor Safeguard Committee Request a Reasonable Opportunity to Review and Address Short Comings of the Draft Licensee and Technical Specifications Along with the Draft Sa ML21242A4632021-12-0606 December 2021 Issuance of License Amendment No. 6 to Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor with Partial Denial of Amendment Request ML21307A1252021-10-28028 October 2021 Letter Regarding Charges Billed ML21230A3042021-07-20020 July 2021 Decommissioning Plan Submittal (Redacted) ML21209A5192021-07-20020 July 2021 Aerotest Radiography and Research Reactor, Response to NRC Letter Dated July 12, 2021 (ML21188A391) ML21147A3732021-07-19019 July 2021 Correction of Letters Regarding Closure of Confirmatory Action Letter No. NRR-04-003 and Review of Physical Security Plan ML21188A3912021-07-12012 July 2021 Inc. - Revised Completion Date Possession-Only License Amendment Request for the Aerotest Radiography and Research Reactor Facility Operating License ML21188A2162021-07-0101 July 2021 July 1, 2020 Through June 30, 2021 Summary of Changes, Tests, and Experiments ML21193A0892021-07-0101 July 2021 Emergency Plan (Redacted) ML21181A1232021-06-22022 June 2021 License and TS Amendments ML21147A0602021-05-19019 May 2021 Response to RAI 28 and 29 2024-09-26
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Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street NW I Washington, DC 20036-3006 I tel 202.663.8000 I fax 202.663.8007 June 16, 2016 ATTENTION: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 205550-0001 AEROTEST RADIOGRAPHY AND RESEARCH REACTOR DOCKET NO. 50-228/LICENSE NO. R-98 Jay E. Silberg tel: 202.663.8063 jay.silberg@pillsburylaw.com REQUEST FOR PROPRIETARY TREATMENT FOR SUPPLEMENTAL RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION RE:
OPPORTUNITY TO SUPPLEMENT 2012 LICENSE TRANSFER APPLICATION (TAC NO. MF7221)
Ladies and Gentlemen:
By letter dated May 27, 2016, the undersigned on behalf of Nuclear Labyrinth, LLC
("Nuclear Labyrinth") submitted two documents supplementing the response by Aerotest Operations, Inc. and Nuclear Labyrinth post-dating the response to the NRCs Request for Additional Information dated January 21, 2016. The two documents contained information that Nuclear Labyrinth considers proprietary and were both*
marked as Privileged and Confidential. We would request that the two documents submitted on May 27, 2016 be treated as proprietary in their entirety..Inadvertently, some of the information that Nuclear Labyrinth considers proprietary was also included in the May 27, 2016 transmittal letter. We would request that such information also be treated an proprietary and are enclosing herewith a redacted version of the May 27, 2016 letter. Finally, enclosed with today's letter is an affidavit from Dr. D. M. Slaughter, the Chief Executive Officer of Nuclear Labyrinth, supporting that request in accordance with 10 CFR 2.390.
Sincerely yours, g~Si~~
Counsel for Aerotest Operations, Inc.
www.pillsburylaw.com 4811-8883-7170.vl
June 16, 2016 Page2
Enclosures:
- 1. Letter dated May 27, 2016 from Jay E. Silberg to NRC (redacted)
- 2. Letter dated May 27, 2016 from Jay E. Silberg to NRC with attachments
( unredacted)
- 3. Affidavit from D.M. Slaughter, dated June 14, 2016 cc:
NRC, NRR (Helvenston) (by e-mail)
NRC, OGC (Kanatas) (by e-mail) www.pillsburylaw.com 4811-8883-7170.vl
AFFIDAVIT I, David M. Slaughter, hereby affirm and state as follows:
- 1. I am the Chief Executive Officer of Nuclear Labyrinth, LLC (Nuclear Labyrinth) authorized to execute this affidavit on behalf of Nuclear Labyrinth.
- 2. The information contained in the attached letter, dated May 13, 2016 from American Capital Holdings, LLC., the attached report entitled "Domestic Mo-99 Production: A Pmtnership that Makes Sense," and the attached letter dated May 27, 2016 from the Pillsbury law firm to the NRC, contain proprietary commercial information related to domestic production of Molybdenum-99. The proprietary information includes sensitive business information related by or for Nuclear Labyrinth. The May 13, 2016 letter and the report should be held in confidence by the NRC and withheld from public disclosure.
The attached May 27, 2016 letter has been mm*ked to show the information which should be held in confidence by the NRC and withheld from public disclosure..
- 3. In making this application for withholding of proprietary information of which it is the owner, Nuclear Labyrinth believes that the information qualifies for withholding under the exemption from disclosure set forth in the Freedom of Information At ("FOIA"), 5 U.S.C. Section 552(b)(4), the Trade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations 10 CFR 9.l 7(a)(4) and 2.390(a)(4) for trade secrets and commercial information because:
- i.
This infonnation is and has been held in confidence by Nuclear Labyrinth ii.
This information is of a type that is customarily held in confidence by Nuclear Labyrinth, and there is a rational basis for doing so because the infom1ation includes sensitive business information pe1taining to the production of Molybdenum-99.
ui.
The information is being transmitted to the NRC voluntarily and in confidence.
1v.
This information is not available in public sources and could not be gathered readily from other publicly available information.
- v.
Public disclosure of this information would create substantial harm to the competitive position of Nuclear Labyrinth by disclosing certain business decisions Nuclear Labyrinth has made or is considering and the analysis that went behind those decisions. Development and evaluation of this commercial information was achieved at, and disclosure could lead to additional, significant cost to Nuclear Labyrinth.
vi.
Public disclosure of the information sought to be withheld is likely to cause substantial hm*m to Nuclear Labyrinth's competitive position. The value of the information goes beyond the disclosure of actual information pertaining to Nuclear Labyrinth potential business, and includes substantial time and work towards developing the project, and represents significant efforts by Nuclear Labyrinth and its associates. The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Nuclear 4829-1372-4722.vl
Labyrinth. The precise value of the information is difficult to quantify, but clearly is substantial.
vii.
Nuclear Labyrinth competitive advantage will be lost if its competitors are able to use the results of Nuclear Labyrinth activities to aid their own commercial activities. The value of this information to Nuclear Labyrinth would be lost if the infom1ation were disclosed to the public. Making such information available to other entities without their having been required to undertake a similar expenditure ofresources would unfairly provide competitors with a windfall, and deprive Nuclear Labyrinth of the opportunity to exercise its competitive advantage to seek and adequate return on its large investment.
Subscribed and sworn before me, a Notary Public, in and for the State of l }\\-EA."-\\.
, this
~day of June 2016.
Witness my hand and Notarial Seal.
NOTARY PUBLIC v.cHARY KURT THOMAS 1357989 COMMISSION EXPIRt:S SEPTEMBER 01, 2019 STATE OF UTAH My Commission Expires: ~{er (WI~
"ifotaf;TPublic Date:
2 4829-1372-4722.vl
Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street NW I Washington, DC 20036-3006 I tel 202.663.8000 I fax 202.663.8007 May 27, 2016 ATTENTION: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 205550-001 AEROTEST RADIOGRAPHY AND RESEARCH REACTOR DOCK.ET NO. 50-228/LICENSE NO. R-98 Jay E. Silberg tel: 202.663.8063 jay.silberg@pillsburylaw.com RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION RE:
OPPORTUNITY TO SUPPLEMENT 2012 LICENSE TRANSFER APPLICATION (TAC NO. MF7221)
Ladies and Gen.tlemen:
Subsequent to the submittal by Aerotest Operations, Inc. and Nuclear Labyrinth LLC
(Nuclear Labyrinth") of their response to the NRC's Request of Additional Information, dated January 21, 2016, Nuclear Labyrinth has informed the undersigned of two docmnents post-dating the response that relate to the potential use of the Aerotest Radiography and Reseal'ch Reactor ("ARRR") for.
. The first docmnent is a paper explaining the use of the ARRR to and the
. The second document is a May 13, 2016 letter from expressed their interest in considering*
. Accompanying these documents is an affidavit from Dr. D. M. Slaughter, the Chief Executive Officer of Nuclear Labyrinth.
Sincerely yams,
(} )..,~
Jay E. Jlberg Counsel for Aerotest Operations, Inc.
www.pillsburylaw.com 4811-9351-5058.vl
May 27, 2016 Page2
Enclosures:
- 1. David M. Slaughter, '
~***
- 2. Letter from Slaughter (May 13, 2016)
- 3. Affidavit from D.D. Slaughter, dated May 13, 2016 cc:
U.S. NRC Office of Nuclear Reactor Regulation/NRLPO U.S. NRC Region IV, Regional Administrator NRC, NRR (Helvenston)
NRC, NRR (Adams)
NRC, OGC (Ghosh) www.pillsburylaw.com toD.M.
4811-9351-5058.vl