ML20240A252

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U.S. Nuclear Regulatory Commission Routine Inspection Report No. 05000228/2020201 and Notice of Violation
ML20240A252
Person / Time
Site: Aerotest
Issue date: 10/15/2020
From: Travis Tate
NRC/NRR/DANU/UNPO
To: Slaughter D
Aerotest
Bassett C,NRR/DANU/UNPO,2405351842
References
IR 2020201
Download: ML20240A252 (18)


See also: IR 05000228/2020201

Text

October 15, 2020

Dr. David M. Slaughter, President

Aerotest Operations Inc.

3455 Fostoria Way

San Ramon, CA 94583

SUBJECT:

AEROTEST OPERATIONS, INC. - U.S. NUCLEAR REGULATORY

COMMISSION ROUTINE INSPECTION REPORT NO. 05000228/2020201 AND

NOTICE OF VIOLATION

Dear Dr. Slaughter:

From August 10-12, 2020, the U.S. Nuclear Regulatory Commission (NRC) staff completed an

inspection at your Aerotest Radiography and Research Reactor facility. The enclosed report

documents the inspection results, which were discussed with you on August 12, 2020.

The inspection examined activities conducted under your license as they relate to safety and

compliance with the Commissions rules and regulations and with the conditions of your license.

The inspector reviewed selected procedures and records, observed various activities, and

interviewed personnel.

Based on the results of this inspection, the NRC has determined that a Severity Level IV

violation of NRC requirements occurred. The violation was evaluated in accordance with the

NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at

https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in

the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in

detail in the subject inspection report. The violation is being cited in the Notice because it

constitutes a failure to meet regulatory requirements that has more than minor safety

significance and the licensee failed to identify the violation.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. If you have additional information that you

believe the NRC should consider, you may provide it in your response to the Notice. The NRC

review of your response to the Notice will also determine whether further enforcement action is

necessary to ensure compliance with regulatory requirements.

D. Slaughter

2

In accordance with Title 10 of the Code of Federal Regulations, Section 2.390, Public

inspections, exemptions, and requests for withholding, a copy of this letter, its enclosures, and

your response will be available electronically for public inspection in the NRC Public Document

Room or from the Publicly Available Records component of NRCs document system

(Agencywide Documents Access and Management System (ADAMS)). ADAMS is accessible

from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic

Reading Room). To the extent possible, your response should not include any personal privacy

or proprietary information, so that it can be made available to the Public without redaction.

Should you have any questions concerning this inspection, please contact Craig Bassett at

(240) 535-1842, or by electronic mail at Craig.Bassett@nrc.gov.

Sincerely,

/RA/

Travis L. Tate, Chief

Non-Power Production and Utilization

Facility Oversight Branch

Division of Advanced Reactors and Non-Power

Production and Utilization Facilities

Office of Nuclear Reactor Regulation

Docket No. 50-228

License No. R-98

Enclosures:

As stated

cc: w/enclosures:

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

Attention: Amber Johnson

Dept of Materials Science and Engineering

University of Maryland

4418 Stadium Drive

College Park, MD 20742-2115

ML20240A252

concurrence *via e-mail

NRC-002

OFFICE

NRR/DANU/UNPO/I*

NRR/DANU/UNPO/LA*

NRR/DANU/UNPO/BC*

NAME

CBassett

NParker

TTate

DATE

8/28/2020

8/27/2020

10/15/2020

Enclosure 1

NOTICE OF VIOLATION

Aerotest Operations, Inc.

Docket No. 50-228

Aerotest Radiography and Research Reactor

License No. R-98

During a U.S. Nuclear Regulatory Commission (NRC) inspection conducted August 10-12,

2020, a violation of NRC requirements was identified. In accordance with the NRC Enforcement

Policy, the violation is listed below:

Aerotest Operations, Inc. Technical Specifications Section 12.1.5 require that [t]he Radiological

Safety Officer shall have a Bachelors degree in Biological or Physical Science and shall have a

minimum of 2 years experience in personnel and environmental radiation monitoring programs

at a nuclear facility. Certification as a Health Physicist by the Health Physics Society is

acceptable in lieu of the education and experience requirements given above.

Contrary to the above, from January 22, 2019, to the present, the licensee has not had a

Radiological Safety Officer who has a Bachelors degree in Biological or Physical Science or

who is a Certified Health Physicist. The individual appointed to the position does not have the

required educational background and is not a Certified Health Physicist.

This has been determined to be a Severity Level IV violation (Section 6.1).

Pursuant to the provisions of Title 10 of the Code of Federal Regulations (10 CFR) 2.201,

Notice of violation, Aerotest Operations, Inc. is hereby required to submit a written statement

or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk,

Washington, DC 20555-0001, within 30 days of the date of the letter transmitting this Notice of

Violation (Notice). This reply should be clearly marked as a Reply to a Notice of Violation, and

should include: (1) the reason for the violation, or, if contested, the basis for disputing the

violation or severity level, (2) the corrective steps that have been taken and the results

achieved, (3) the corrective steps that will be taken, and (4) the date when full compliance will

be achieved. Your response may reference or include previous docketed correspondence, if

the correspondence adequately addresses the required response. If an adequate reply is not

received within the time specified in this Notice, an Order or a Demand for Information may be

issued as to why the license should not be modified, suspended, or revoked, or why such other

action as may be proper should not be taken. Where good cause is shown, consideration will

be given to extending the response time.

If you contest this enforcement action, you should also provide a copy of your response, with

the basis for your denial, to the Director, Office of Enforcement, United States Nuclear

Regulatory Commission, Washington, DC 20555-0001.

Because your response will be made available electronically for public inspection in the NRC

Public Document Room or from the NRCs document system (Agencywide Documents Access

and Management System), accessible from the NRC Web site at http://www.nrc.gov/reading-

rm/adams.html, to the extent possible, it should not include any personal privacy, proprietary, or

safeguards information so that it can be made available to the public without redaction. If

personal privacy or proprietary information is necessary to provide an acceptable response,

then please provide a bracketed copy of your response that identifies the information that

should be protected and a redacted copy of your response that deletes such information.

2

If you request withholding of such material, you must specifically identify the portions of your

response that you seek to have withheld and provide in detail the bases for your claim of

withholding (e.g., explain why the disclosure of information will create an unwarranted invasion

of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request

for withholding confidential commercial or financial information). If safeguards information is

necessary to provide an acceptable response, please provide the level of protection described

in 10 CFR 73.21, Protection of Safeguards Information: Performance Requirements.

In accordance with 10 CFR 19.11, Posting of notices to workers, you may be required to post

this Notice within two working days of receipt.

Dated this 15th day of 2020

Enclosure 2

U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

Docket No.

50-228

License No.

R-98

Report No.

05000228/2020201

Licensee:

Aerotest Operation, Inc.

Facility:

Aerotest Radiography and Research Reactor

Location:

San Ramon, CA

Dates:

August 10 - 12, 2020

Inspector:

Craig Bassett

Approved by:

Travis L. Tate, Chief

Non-Power Production and Utilization

Facility Oversight Branch

Division of Advanced Reactors and Non-Power

Production and Utilization Facilities

Office of Nuclear Reactor Regulation

- 2 -

EXECUTIVE SUMMARY

Aerotest Operations, Inc.

Aerotest Radiography and Research Reactor

Inspection Report No. 05000228/2020201

The primary focus of this routine, announced inspection was the on-site review of selected

aspects of the Aerotest Operations, Inc. (Aerotest, licensee) Class III research and test reactor

safety program including: (1) staffing and audits, (2) operator requalification and active license

status, (3) radiological surveys, (4) surveillance, and (5) emergency preparedness, since the

last U.S. Nuclear Regulatory Commission (NRC) inspection of these areas. The NRC staff

determined the licensee's program was acceptably directed toward the protection of public

health and safety and in compliance with NRC requirements except in the area of staffing.

Staffing and Audits

Staffing was maintained as outlined in technical specifications (TS) Section 12.1 except for

the position of the Radiological Safety Officer as noted in paragraph 1.b(1)(b) below.

Audits were conducted by the Reactor Safeguards Committee (RSC) in accordance with TS

requirements in Section 12.1.3.

Operator Requalification and Active License Status

Requalification records were maintained at the facility as required even though there are no

longer any licensed reactor operators (ROs) or senior reactor operators (SROs) employed

there.

The licensee is seeking to establish a Certified Fuel Handler program at the facility in lieu of

having NRC-licensed ROs. A license amendment request for the Certified Fuel Handler

program is currently under NRC review.

Radiological Surveys

The licensee conducted surveys in accordance with regulatory requirements in Title 10 of

the Code of Federal Regulations (10 CFR) Part 20, Standards for Protection against

Radiation, and the limits specified in TS Sections 6.2, 7.0, and 12.1.2.

Surveillance

Limited surveillance activity was completed in accordance with TSs and procedural

requirements.

Emergency Preparedness

The licensee completed emergency preparedness exercises and drills as required by the

emergency plan (E-Plan).

The licensee has completed emergency preparedness training in accordance with E-Plan

commitments.

- 3 -

REPORT DETAILS

Summary of Facility Status

The Aerotest 250 kilowatt Training, Research, Isotopes, General Atomics [TRIGA] conversion

research reactor, known as the Aerotest Radiography and Research Reactor (ARRR), was

operated in the past in support of neutron radiography of various items and RO training. The

licensee voluntarily ceased to operate the research reactor in 2010 and has not resumed

operations since. During this inspection, the reactor remained defueled and shut down.

1.

Staffing and Audits

a.

Inspection Scope (Inspection Procedure [IP] 69002, Section 02.01)

The inspector reviewed the following regarding the licensee's staffing and audits

to ensure that the requirements of TS Sections 12.1 were met:

current staffing of the ARRR

completed audits for 2017 to the present

RSC meeting minutes for 2017 to the present

duties of the RSC detailed in TSs Section 12.3

charter of the RSC outlined in Section I of the Aerotest Operations Facility

Operating Procedures entitled, Administrative Procedures

management responsibilities and organizational structure indicated in

Section 12.0 of the TSs, as implemented through the latest revision to the

Facility Operating License Number (No.) 98, Amendment No. 5, dated

July 17, 2017

annual summary of changes, tests, and experiments at ARRR for the

following periods: July 1, 2017, to June 30, 2018, issued July 16, 2018;

July 1, 2018, to June 30, 2019, issued July 12, 2019; and, July 1, 2019, to

June 30, 2020, issued July 1, 2020

b.

Observations and Findings

(1) Staffing

(a) General Staffing Level

Through discussions with licensee representatives, the inspector

determined that management responsibilities at the facility was not

changed since the previous routine NRC inspection conducted in

June 2017 (NRC Inspection Report No. 50-228/2017-201). The inspector

noted that the President of Aerotest (who was also the Manager) was the

head of the company. The Certified Fuel Handler Supervisor was

responsible for day-to-day activities at the reactor facility and reported to

the Aerotest President. The Radiological Safety Officer (RSO) was

responsible for enforcing rules, regulations, and procedures relating to

radiological safety and reported to the Aerotest President. The Aerotest

President, reported to the Board of Directors of Aerotest.

- 4 -

The inspector noted that the facility license was transferred to a new

parent company called Nuclear Labyrinth, LLC, as was the ownership of

Aerotest The inspector determined that the licensee submitted a

possession-only license amendment request (LAR) that is being reviewed

by the NRC staff.

Through review of records and discussions with licensee personnel, the

inspector confirmed that the current staffing at the ARRR included the

Aerotest President, a Certified Fuel Handler Supervisor, the RSO, and a

Nuclear Analyst. The employees were monitoring the facility and

completed maintenance and surveillance duties as required by the TSs.

(b) Radiological Safety Officer

The TS Section 12.1.5 require that [t]he Radiological Safety Officer shall

have a Bachelors degree in Biological or Physical Science and shall have

a minimum of 2 years experience in personnel and environmental

radiation monitoring programs at a nuclear facility. Certification as a

Health Physicist by the Health Physics Society is acceptable in lieu of the

education and experience requirements given above.

The inspector inquired about the background and qualifications of the

current RSO. Through an interview with the RSO the inspector learned

that the person was appointed to that position on January 22, 2019,

following departure of the individual who previously held that job. The

inspector inquired about the RSOs background and qualifications and

was given a copy of the persons resume. The inspector determined that

the individual had not received a Bachelors degree in Biological or

Physical Science and had not received a Health Physicist Certification.

The inspector also noted that the individual had attended a course in

radiation safety, and was a designated shipper of radioactive material and

a neutron radiographer at the facility for many years. The person had

also helped the previous RSO perform duties involving personnel and

environmental radiation monitoring and protection.

The licensee was informed that, although the current RSO had a great

deal of experience in radiation protection, the TS specified that the person

was required to have a Bachelors degree in Biological or Physical

Science or be a Certified Health Physicist (CHP). Because the RSO did

not have such a degree and was not a CHP, this would be noted as a

violation (VIO) of TS Section 12.1.5 (VIO 05000228/2020201-01) and

would be reviewed during a future inspection.

(2) Audits

The inspector determined that the RSC met at least once per year in

accordance with TS requirements with the last two meetings held on

December 5, 2018, and on December 19, 2019. The inspector reviewed the

RSC's meeting minutes for these meetings which showed that the RSC had

considered the types of topics stipulated by the TSs. Review of the minutes

- 5 -

confirmed that the committee provided guidance and direction for facility

functions.

The inspector verified that the periodic audits specified by TS Section 12.1.3

were completed as required. The RSC minutes and audit records indicated

that the Chair of the RSC conducted unannounced audits of facility

operations annually and submitted the results to the Aerotest President. The

inspector determined that there were no significant issues discovered during

the audits and the licensee took appropriate corrective actions in response to

the audit findings or recommendations that were noted.

c.

Conclusion

The inspector determined that the staffing was consistent with the requirements

specified in TS Section 12.1, except as noted above, and audits were conducted

by the RSC as required by TS Section 12.1.3.

2.

Operator Requalification and Active License Status

a.

Inspection Scope (IP 69002, Section 02.02)

The inspector reviewed selected aspects of the licensees former requalification

program which was submitted to the NRC on July 13, 2000:

records of former operators who previously worked at the facility documenting

completion of requalification requirements

Aerotest letter to the NRC, Subject: License and TS Amendments. dated

March 21, 2019

NRC letter to the licensee, Aerotest Operatioins, Inc. - Request for

Additional Information Re: Possession-Only License Amendment To Use

Certified Fuel Handlers For The Aerotest Radiography and Research Reactor

Facility Operating License No. R-98, (EPID NO. L-2019-LLA-0065), dated

July 27, 2020

b.

Observations and Findings

The inspector determined that there were no ROs or SROs who held NRC

licenses to operate the reactor working at the facility. The last two previous

operators licenses were terminated on December 18, 2018, and October 1,

2019. The licensee is maintaining files and requalification records of the licensed

operators who worked there in the past as required.

The inspector noted that the licensee had submitted a LAR to the NRC by letter

dated March 21, 2019, to modify the existing operating license to a

possession-only license in support of the licensees decision to permanently

cease operation of the ARRR. Within the LAR was a request to incorporate the

use of Certified Fuel Handlers in lieu of NRC-licensed ROs and SROs. The NRC

addressed the licensees request in a letter dated July 27, 2020, and identified

additional information needed to continue its review of the LAR.

- 6 -

c.

Conclusion

The inspector determined that operator requalification records were maintained

at the facility as required even though there are no longer any licensed ROs or

SROs employed there. The licensee is seeking to establish a Certified Fuel

Handler program at the facility instead of having a Operator Requalification

Program.

3.

Radiological Surveys

a.

Inspection Scope (IP 69002, Section 02.03)

The inspector reviewed the following to verify compliance with 10 CFR Part 20

and the requirements in TS Sections 6.2, 7.0, and 12.1.2:

radiological signs and posting at the entrances to controlled or restricted

areas

calibration and periodic check records for portable and fixed radiation

monitoring instruments

radiation protection and surveillance and survey data from 2017 to the

present

Aerotest Operations Facility Operating Procedures,Section VI entitled,

Radiological Safety Procedures

Aerotest Operations Facility Operating Procedures,Section VIII entitled,

Maintenance Procedures

personnel and environmental dosimetry records for the past 2 years

radioactive liquid waste holding tank release records, and

results of the analyses of air filters for the past 2 years

b.

Observations and Findings

The inspector reviewed selected monthly, quarterly, and semi-annual general

area radiation and contamination surveys of various areas in the facility from

2018 to the present. The inspector confirmed that the licensee completed

surveys as required by procedure, documented the results on the appropriate

forms, and evaluated the results as required.

During the inspection the inspector, accompanied staff members, toured the

facility and determined radiation readings found were comparable to those listed

on survey maps that were completed by the licensee. No anomalies were noted.

The inspector reviewed the calibration verification records of various equipment

including survey meters, as well as the area, water, and stack monitoring

systems. The inspector determined that calibration of the area monitoring

systems were completed annually in accordance with procedure. The water and

stack monitoring systems were operationally checked daily. If they failed

verification, a full calibration was conducted. The inspector also reviewed the

records documenting the fact that, because the reactor had not operated since

- 7 -

2010, there were no liquid and airborne releases to the environment for that

period.

The inspector confirmed that personnel, as well as, on-site and off-site gamma

exposure and radiation monitoring was completed using thermoluminescent

dosimeters in accordance with the applicable procedures. Dosimetry results

reviewed by the inspector indicated doses to facility personnel was minimal. The

environmental data indicated that there were no measurable doses above any

regulatory limits. Through observation of the facility, the inspector did not identify

any new potential release paths

c.

Conclusion

The inspector determined that the licensee conducted operations in accordance

with regulatory requirements in 10 CFR Part 20 and the limits specified in TS Sections 6.2, 7.0, and 12.1.2.

4.

Surveillance

a.

Inspection Scope (IP 69002, Section 02.04)

The inspector reviewed the following to verify compliance with TS Sections 3.0,

4.0, 5.0, 6.0, and 7.0,:

various surveillance and maintenance forms from 2018 and to the present

including: Operations Request Forms; Monthly Alarm Check Lists;

Instrument Calibration; List of Aerotest Operations Surveillances; Aerotest

Operations, Inc. Quarterly Maintenance Check Lists; and ARRR Pool Water

and pH Analysis sheets

Aerotest Operations Facility Operating Procedures,Section VIII entitled,

Maintenance Procedures

b.

Observations and Findings

The inspector determined that the licensees TSs did not contain a specific

section stipulating what surveillances needed to be performed at the facility.

However, the TSs did contain some requirements for certain checks and tests

mostly dealing with experiments and radiation protection.

The inspector noted that, after the reactor was shutdown in October 2010, the

licensee continued to complete the various monthly, quarterly, and annual tests

and calibrations as required. The majority of the semiannual and annual

surveillance items were not completed because they required a functioning

reactor. One annual surveillance involving fuel inspection continued to be

completed as required.

The inspector determined that the licensee had developed various checklists and

forms to ensure that appropriate oversight was maintained over the various

maintenance and surveillance items and other activities. These included items

such as pool water pH and temperature levels, air filter change out, cycling the

pumps, and limited reactor console checkouts. The console checkouts was

- 8 -

eliminated since the licensee submitted a possession only LAR. The remaining

items are checked and/or completed on a periodic basis even though this was

not required because the reactor is shut down and not operating.

c.

Conclusion

The inspector determined that a limited program for surveillance checks, tests,

verifications, and calibrations was implemented in accordance with TSs and

procedural requirements.

5.

Emergency Preparedness

a.

Inspection Scope (IP 69002, Section 02.05)

The inspector reviewed selected portions of the material mentioned below to

determine that the licensee conducted exercises and drills and trained personnel

in accordance with the facility E-Plan:

List of Aerotest Operations Surveillances forms for 2018 to the present

emergency response facilities, supplies, and instrumentation

quarterly maintenance checklists for 2018 and to date in 2020

emergency drill records for 2018 and to date in 2020 documented in the

monthly alarm check lists

emergency response training for 2018 and to date in 2020 documented in the

training log

offsite support as indicated in the current letter of agreement (LOA) with

Stanford Health Care - ValleyCare

Aerotest Operations Facility Operating Procedures,Section III entitled,

General Emergency Procedures, including E-Plan implementing procedures

Aerotest letter to the NRC, Updated Emergency Plan, dated March 26, 2020

b.

Observations and Findings

The E-Plan for the ARRR in use at the facility was the same as the version most

recently submitted to the NRC by letter dated March 26, 2020, in accordance

with 10 CFR 50.54, Conditions of licenses, paragraph (q)(3). The inspector

compared the previous version of the E-Plan with the March 2020 version and

found that they were very comparable. However, the newer version did not

include three Appendices that appeared in the earlier version. The inspector

verified that the E-Plan was audited and reviewed biennially as required. The E-

Plan implementing procedures were incorporated into the licensees General

Emergency Procedures. The inspector determined that the procedures were

reviewed annually and revised as needed to implement the E-Plan effectively.

Through records review and interviews with staff personnel, the inspector

confirmed emergency response personnel were knowledgeable of the proper

actions to take in case of an emergency. The inspector confirmed that

emergency response equipment was maintained and calibrated and alarms were

tested at the frequency stipulated in the E-Plan. The inspector determined that

communications capabilities with the various offsite support groups were

- 9 -

available and functioning. A Notification List was maintained up-to-date and

verified annually by the licensee.

The inspector verified that emergency preparedness and response training for

staff personnel was completed annually as required. Evacuation drills were

conducted twice a year as required by the E-Plan.

The inspector reviewed the LOA that was signed with Stanford Health Care -

ValleyCare which operated a hospital in nearby Pleasanton, CA. The LOA stated

that the hospital would treat potential victims of a radiological event if such were

to occur at the ARRR facility. The inspector verified that the LOA continued to be

updated to confirm that the agreement remained in effect. The San Ramon

Valley Fire Protection District was also contacted annually to review emergency

interface requirements as required. It was noted that Fire Department personnel

visited the facility as time permitted for training and a tour.

c.

Conclusion

The inspector determined that the licensee reviewed the E-Plan and completed

emergency exercises, drills, and training in accordance with the E-Plan

requirements.

6.

Follow-up (Previously Identified Items)

a.

Inspection Scope (IP 92701)

The inspector reviewed the actions taken by the licensee to address three

previously identified Inspector Follow-up Items (IFIs) concerning a 10 CFR 50.59

evaluation, a Root Cause Analysis, and a licensee commitment as mentioned in

the following:

licensees 10 CFR 50.59 evaluation of a new mechanism for attaching the

upper grid plate to the core support structure

Aerotest Operation, Inc. Root Cause Analysis for the Damaged Aluminum

Cladded Fuel

operator requalification program for the ARRR, which was submitted to the

NRC on July 13, 2000

SRO licensed activities log documenting completion of maintenance and

surveillance activities and operator supervisory and related functions for 2018

and 2019

b.

Observation and Findings

(1) IFI 50-228/2012-204-03 - Review the licensees 10 CFR 50.59 evaluation

and review of the proposed new mechanism for attaching the upper grid plate

to support structure.

During the summer of 2012, the licensee initiated a program to remove the

fuel elements from the core structure so that a thorough examination of each

could be made. One of the obstacles encountered by the licensee was

- 10 -

raising the upper grid plate to allow the elements to be removed. When the

licensee tried to loosen the four bolts attaching the upper grid plate to the

core support structure, three bolts would not turn. Eventually the three bolts

snapped off in place while the fourth bolt was loosened and unscrewed about

two inches. In order to re-attach the upper grid plate to the core support

structure in the future, several methods were discussed. Contractor

personnel who were assisting in this project indicated that they might be able

to develop a clamping mechanism that could be used instead of the bolts.

This would eliminate the necessity of redrilling the upper grid plate and drilling

and tapping the core support structure. Because this would be a change to

the current structure, the licensee needed to perform a 10 CFR 50.59

evaluation and review of the proposed new attachment mechanism. The

NRC issued an IFI to review this issue.

During this inspection the inspector reviewed the 10 CFR 50.59 evaluation of

the proposed new attachment mechanism. (This evaluation was acquired

previous to the inspection.) The inspector also reviewed a summary of this

issue written by the Aerotest President. The modification consisted of the

design and manufacture of 3 clamps to help attach the upper grid plate to the

core structure (to be used along with the one bolt that did not shear off during

removal). The inspector determined that the 10 CFR 50.59 evaluation had

addressed all the issues raised by the licensee and followed the guidance in

10 CFR 50.59. The evaluation was reviewed and ultimately approved by the

RSC as required. Following the purchase of Aerotest by the current owner,

problems with attaching the clamps as initially proposed were noted.

Modifications to the clamps were proposed which would not change their

functioning as described in the 10 CFR 50.59 evaluation. The licensee

indicated that the modifications would not reintroduce any old or raise any

new safety issues.

However, the licensee has submitted a LAR to the NRC by letter dated

March 21, 2019, to modify the existing operating license to a possession-only

license in support of the licensees decision to permanently cease operation

of the ARRR. This will preclude the necessity of the reassemblying the core

structure. This issue is considered closed.

(2) IFI 50-228/2012-205-01 - Review the licensees actions to complete a Root

Cause or fault tree analysis concerning the fuel element cracked cladding

problem.

During an inspection in 2012, the inspector observed the removal of the fuel

elements from the core that could not be removed until the core structure was

disassembled. When the core was defueled, the licensee indicated that they

were planning on conducting a Root Cause or fault tree analysis concerning

what might have caused the cladding to crack. The licensee was informed

that the completion of a Root Cause or fault tree analysis concerning the

cladding cracks would be tracked by the NRC as an IFI.

During this inspection the inspector reviewed the Root Cause analysis which

was conducted by the current owner of Aerotest. The analysis reviewed

various aspects of the problem including personnel, the type of TRIGA fuel

- 11 -

used, and the fuel dynamics. After a review of all these factors, the licensee

concluded that limited fuel management and lack of fuel movement was the

likely contributor to the severity of the damage to the individual fuel elements.

With the completion of the Root Cause analysis, this issue is considered

closed.

(3) IFI 50-228/2017-201-01 - Follow-up on a commitment made by the licensee

to have lectures for 4 hour4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per quarter for the ROs on staff.

During a routine inspection in June 2017, it was noted in Section II of the

licensees Operator Requalification Program that lectures were mentioned.

Lectures were not given for a variety of reasons. The inspector indicated that

lectures should be given at some frequency despite the fact that the

operators had passed all prior examinations and the reactor was not

operating at that time. The licensee proposed that, on a quarterly basis,

4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of lecture would be given to all the SROs at the facility. The licensee

was informed that the commitment to complete 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of lecture per quarter

as part of their Operator Requalification Program would be considered an IFI.

During this inspection this issue of operator requalification was reviewed.

The inspector determined through a review of the licensees records,

including the training log and SRO files, that this commitment was met. The

inspector also noted that all the SROs had since left their employment at the

facility and there were no longer any licensed operators at the facility, hence

there was no longer any need for training lectures. This issue is considered

closed.

c.

Conclusion

The inspector determined the three IFIs were reviewed and are now closed.

7.

Exit Interview

The inspection scope and results were summarized on August 12, 2020, with the

Aerotest President. The inspector described the areas inspected and discussed in detail

the inspection findings. The licensee disagreed with the violation that was discussed.

Attachment

PARTIAL LIST OF PERSONS CONTACTED

Licensee Personnel

M. McCarthy

Nuclear Analyst

T. Richey

Radiation Safety Officer and Training Coordinator

D. Slaughter

President and Reactor Manager

M. Wilkinson

Certified Fuel Handler Supervisor and Facility Manager

INSPECTION PROCEDURES USED

IP 69002

Class III Research and Test Reactors

IP 92701

Follow-up

ITEMS OPENED, CLOSED, AND DISCUSSED

Opened 05000228/2020201-01 VIO The current RSO did not have a Bachelors degree in Biological or

Physical Science and was not a CHP as required by

TS Section 12.1.5.

Closed

50-228/2012-204-03

IFI

Review the licensees 10 CFR 50.59 evaluation and review of the

proposed new mechanism for attaching the upper grid plate to

support structure

50-228/2012-205-01

IFI

Review the licensees actions to complete a Root Cause or fault

tree analysis concerning the fuel element cracked cladding

problem.

50-228/2017-201-01

IFI

Followup on 4 hour4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per quarter lecture commitment by the

licensee.

PARTIAL LIST OF ACRONYMS USED

10 CFR

Title 10 of the Code of Federal Regulations

Aerotest

Aerotest Operations, Inc.

ARRR

Aerotest Radiography and Research Reactor

CHP

Certified Health Physicist

E-Plan

Emergency Plan

IFI

Inspector Follow-up Item

IP

Inspection Procedure

LAR

License Amendment Request

LOA

Letter of Agreement

No.

Number

NRC

U.S. Nuclear Regulatory Commission

- 2 -

RO

Reactor Operator

RSC

Reactor Safeguards Committee

SRO

Senior Reactor Operator

TRIGA

Training, Research, Isotopes, General Atomics

TSs

Technical Specifications

VIO

Violation