ML20304A153

Response to Notice of Violation

ML20304A153
Person / Time
Site:	Aerotest
Issue date:	10/21/2020
From:	Slaughter D Aerotest
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML20304A153 (3)

Text

AEROTEST OPERATIONS, INC.

3455 FOSTORIA WAY* SAN RAMON, CA 94583 * (925) 866-1212

• FAX (925) 866-1716 October 21, 2020 ATTENTION: DocuJD.ent Control Desk U.S. Nuclear Regulatory Commission White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 AEROTEST RADIOORAPHY AND RESEARCH REACTOR IX>CKET NO. 50-228/LICENSE NO. R-98.

SUBJECT:

Response to Notice of Violation No.05000228/2020201 Ladies and Gentlemen:

I disagree with the NRC findings a_nd the Issuance of a severity IV violation (ML20240A252) and request it be rescinded. The licensee and the NRC staff in the past have not held that literal wording standard for many of the assigned RSOs for the licensee. While my RSO did not meet the literal word for word credential detailed in Technical Specifications (TS) 12.1.5, She is qualified to hold her post.

Unfortunately given the age of the document and lack of past critical reviews by the llcensee and NRC staff, the document has become antiquated and was allowe_d to be wldely Interpreted but not updated to provide a more accurate specification. The literal reading of qualification for the RSO by the IJcensee and NRC staff have been ignored from the inception of the 1965 license. RSOs associated with this license were technically qualified even if they did not meet the explicit requirement as spelled out In the RSO qualification TS 12.1.5. They possessed equivalent or better academic and experience credentials.

In 2017 (after the stock purchase), the licensee recognized the need to clarify and modernize the RSO specification to avoid the past loose allowances and submitted changes that were included in the license renewal package (12/20/2017, ML18045A571, ML17363A303) and later in a License Amendment Request (3/12/2019, ML19084A051. (While RAls have been received concerning issues of clarification with elements of the LAR, none has been received questioning the rewritten TS 12.1.5.) The NRC staff is aware of these submissions and it Is not clear why a notice of violation when the changed language was

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under NRC review. This action by the NRC appears punitive In nature especially with given the NRC staff's propensity to loosely interpret this TS in the past.

At Issue was the wording of requirements for the Radiological Safety Officer, RSO.

As provided In TS 12.1.5: The Radiological Safety Officer shall have a bachelor's 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 Health Physicist by the Health Physics Society is acceptable in Lieu of education and experience requirements given above."

This wording is in the license technical specifications and was never modified in subsequent changes.

The radiological safety officers for the facility are listed with their degree qualifications and duration at the RSO position. (Let me clearly state, based on evaluating the existing and past RSOs technical capabilities, all the personnel listed were technically qualified to perform the RSO duties.)

Hugo Slmen's ** BS Criminalistics 1965-1970 Ivan Lamb BS Physics 1970-1975 Ray Tsukimura BS lnfor. System Management 1975-1993 Sandra Warren BS Physical Science 1993-2018 Tracy Holt BS Biology 2018-2019 Toni Richey BS Criminal Justice/Law Enforcement 2019-Present AS Radiation Technology AS Electronic Technology

• • Mr. Simen's was the only one that may have been a Certified Health Physicist. (Unfortunately, no certificate was found.)

If I compare to the language found in TS 12.1.5, only Sandra Warren and Tracy Holt met the stated requirements. Ivan Lamb may be Included only If the word Science is exchanged with the word Sciences. Physical Sciences relate to fields of Physics, Chemistry, Geology, etc. The degree in Physical Science Is a degree that blends the topics of chemistry, physics, geology, environmental engineering, and advanced mathematics. Based on the literal Interpretation of the technical specification, the licensee would be in noncompliance of TS 12.1.5 for most of the 55 years of reactor operation. With that conclusion, it suggests that the licensee and NRC staff failed to recognize and identify the language's shortcomings in TS 12.1.5 through Its numerous audits and inspections from the beginning. (It is interesting to note that the compliance of TS 12.1.4 the qualification of Reactor Supervisor suffers from the same weaknesses.)

Toni Richey, AO RSO License R-98 (2020- Present) and AO RSO on the State of California license 2010-7 (1/2019- Present) is technically qualified to be RSO as were her predecessors.

Ms. Richey's credentials in radiation protection are substantial and, in all cases, her training relates activities associated with the Aerotest Operation's radiation protection program. Ms. Richey, worked as a radiation analyst supporting three RSOs, Ray Tsukimura, Sandra Warren, and Tracy Holt. (Her participation spans over 20 years.) She also has completed three academic degree programs, Associate Degree of Radiation Technology (Health Physics Society scholarship recipient), Associate Degree in

Electronic Technology, and BS Degree Criminal Justice Administration. The curriculum associated with her academic programs contains more technical content that would be present in a physical science degree. She also maintains a number of certificates for 49, CFR hazardous training, 49 CFR/IATA/IMDG Radioactive Materials Training, Dade Moeller Radiation Safety Academy, and IATA Dangerous Goods Training.

Should you have any questions or require additional information regarding this submission, please contact AO President David M. Slaughter, Ph.D. at (801) 631 5919 or dmsraven@gmail.com I declare under penalty of perjury that the statements above are correct and truthful.

David M. Slaughter, Ph.D.

President and Reactor Admin.

Aerotest Operations, Inc.