Text

Response to NRC CFO, Letter Dated April 18, 2019 Re Reimbursement Request for Activities Associated with the Fees That Were Not Performed in a Satisfactory Manner
	ML20325A176
Person / Time
Site:	Aerotest
Issue date:	11/11/2020
From:	Slaughter D; Aerotest
To:	Clay Johnson; Office of Nuclear Reactor Regulation, NRC/OCFO
References
	Download: ML20325A176 (217)
	v • d • e

AEROTEST OPERATIONS, INC.

3455 FOSTORIA WAY

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

FAX (925) 866-1716 November 11, 2020 Cherish K Johnson U.S. Nuclear Regulatory Commission Office of the Chief Financial Officer Division of the Comptroller Labor Administration and Fee Billing Branch Mail Stop T9 850

'Washington, DC 20555-0001

Dear Ms. Johnson,

This in response to Maureen E Wylie's, former NRC CFO, letter dated April 18, 2019 (ML19079A245) in response to our letters dated Jan 22, 2019 (ML1903A581), Feb 28, 2019 (ML19065A048) reimbursement request for activities associated with the fees that were not performed in a satisfactory manner.

We are submitting documentation and answers to her specific questions "Your letter does not identify what specific activities the NRC staff performed in an unsatisfactory manner, why any specific activity was performed in an unsatisfactory manner, or how the specific activities relate to the fees paid."

We will also present documentation to prove her statement During the period of time referenced in your letter, the NRC carried out its licensing and inspection responsibilities consistent with NRC policy and guidance, and Aerotest's activities." is incorrect.

We have the following attachments to this letter:

1. Narrative - Evidence to support reimbursement of the licensee payments (since 2005) to the NRC for years of service not performed or poorly rendered.

2. Summary listing of Invoices in dispute for $3,120,792.82

3. Justification by each invoice I declare under penalty of perjury that the statements made in the enclosures are correct and truthful to the best of my knowledge. 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

~espectfullyit-- \~-

\~Slaughter, PhD President, Reactor Administrator, General Manager and Manager

Distribution:

&iiffilW0~a@@@iii§11IDWJB U.S. Nuclear Regulatory Commission White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 U.S. Nuclear Regulatory Commission Office of the Inspector General Mail Stop o5-E 13 11555 Rockville Pike Rockville, MD 20852-2738 Edward Helvenston (E-Mailed)

White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

AEROTEST o*PERATIONS, INC.

3455 F~TORIA WAY

SAN RAMQN, CA 94583 * (925) 866-1212

FAX (925) 866-1716 Evidence to support reimbursement of the licensee payments (since 2005) to the NRCfor years of service not performed or poorly rendered.

. The licensee is responsible for the safety and security of its workers and the public. The licensee.

also believes that reasonable regulatory oversite is needed to ensure that regulations are met to

assist the licensee in a successful operation. There are 5 operational obligations and requirements to ensure a safe operation.

1. Evaluating with merit the TRIGA fuel.element physical characteristics for core insertion

and/or continued retention (the cornerstone of any effective safety program)

2. Maintaining instrumentation and equipment to safely control criticality and limits radiation exposure and contamination. .

3. Continuing training and knowledge programs to ensure awareness of safe operation, radiation protection, and emergency response. * *

4. Modernizing license, TS and procedures in real'time that ensure.limits and operational guidance are up to date for effective worker and public safety.

5. Main~g *open and unfetter~ communications with stakeholders allowing the free flow of ideas, There are concerns that the services provided by the NRC staff to ensure Aerqtest Operations compliant to relevant regulations were substandard at best and negligent at worst. The documents authored by the NRC between the years 2005 and 2017 create a *different reality of the

circumstances existed at the location of licensee. The reactor was stopped from performing m

commercial operations 2010 (ML090830578 and ML103140289) and in 2013, the reactor was ordered permanently shut down-by the NRC (ML13120A598). During 2012 thru 2017, Nuclear Labyrin¢., LLC was seeking approval for a Part*Sq license transfer from the NRC.*All the shares of the business (containing the reactor) were purchased in 2017 after the NRC approved transfer of license. Shortly after transfer, the 2010 Aerotest Operation and 2013 NRC shutdown orders were rescinded. Areas of operation, documentation, license, and technical Specifications inconsistencies were identified through the reactor restart process between July 2017 to D.ecember 2018. It was the totality of the actual circumstances that led to cessation of operation (ML18344A04),

. a chilled operational culture,. the antiquated procedures, lack of effective fuel management, and questionable maintenance practices on control console and auxiliary reactor

. equipment. The uncertainty of future NRC staff costs and performance compounded with the

*questionable past charges and inadequate *services weighed heavily on the decision, *to cease 1

operation. Not only did reactor restart activities needed to be performed but also an effort to update the regulatory compliance program that languished for years under the watchful eye of theNRC.

The evaluation and findings are summarized includes years from 2005 until present. It is not inclusive of all possible questionable actions by the licensee and NRC staff. To further support the allegation, the licensee will include significant events/incidents that were evident before the 2005 but continued until the present. Examples are provided of inept performance by the NRC staff associated with the 5 areas of operational obligations that were identified during reactor restart activities. There is a stark difference between the reality of the licensee's circumstances than those depicted in the documented inspections and audits performed by NRC staff. The areas of discrepancy are found in all the operational obligations. Examples of failures are provided for each.

1. Fuel inspection, characterization, and removal.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes,

3. 10 CFR 50.53/55.59 Operator Active Status/Operators Requalification Program,

4. Antiquated License and TS language, and

5. Chilling Effect caused and sustained by NRC staff.

When the transfer occurred of Aerotest Operation part 50 license, discrepancies were identified between the reality on site and the information contained in NRC communications, inspections/audits reports, and issued violations between 2002 and 2017. (These same historical NRC generated documents were included in the due-diligence process and contributed to the decision to purchase AO shares.)

1. Fuel Inspection, Characterization, and Removal.

There was no specific written procedure for inspection of fuel until after 201 7; while a detail method was formulated and practiced after 2012, there did not exist a regularly practiced process let alone a written one before 2010 while the reactor was in commercial operation. The visual tools binoculars, cameras, lighting etc. advanced as technology was available, however inconsistent inspection methodologies weakened the direct comparisons and trending of physical changes associated with a fuel element. The procedure referenced most often by NRC staff (in NRC inspection reports) is IV Critical Assembly and Power Calibration Procedures. This procedure is focused on what the title suggests and does not give detailed consistent guidance to the inspection of fuel and graphite elements. The NRC inspection reports did not identify any concerns of cladding integrity between 2005 and 2012. In fact, reactor operation after commercial work was halted in October 2010 was mandated by NRC staff in the Compensatory Measure Letter dated February 26, 2011 (ML103640183). This required reactor operation for only regulatory surveillance p~ses which include reactor power calibrations. Clearly from the documents and communications the belief by all concern, Licensee, Reactor Safeguards Committee, and NRC staff that the integrity of the cladding was not known to be cracked. This is during the same span (2006-2010) of time that licensee documented through the inspection process increasing number of stuck elements. After the license was transferred, the licensee 2

followed up with a technical opinion on the cause of the element damage. This document was distributed informally to NRC staff and available for NRC inspection as a fulfilment of an Inspector follow-up item IFI 50-228/2012-205-01. An inspection in 2012 found a significant number of cracked fuel elements that lead to a notice of violation issued in 2013 (ML13212A051). The NRC's notice of violation stated that the licensee wi1lfully" operated with the reactor between 2006 and 2010 with the knowledge that element(s) had "significant defects". The violation did not specify a specific date(s) of the incident(s) but left a range of possible operations over 4 years.

The outcome of the root cause analysis disagreed with the licensee's past decisions (and NRC staff acceptance of the existing physical condition of the fuel) based on the known fuel chemistry and the documented characterization of the fuel condition. At that earlier time, elements being swollen or having blisters on the cladding did not constitute damage by the licensee and that interpretation was accepted by NRC staff. Those conditions were clearly documented in fuel inspection reports during time span in question. The NRC staff through inspection of the fuel logs and RSC minutes were aware of the condition of the fuel cladding throughout that time specified in the violation. And the number of elements stuck increased during that time frame without action by the licensee or the NRC staff. At a minimum, there were 1,467 days with over 8,340 hours0.00394 days 0.0944 hours 5.621693e-4 weeks 1.2937e-4 months of reactor operation. NRC staff did not express a belief that a TS violation had occurred during the same span which included 12 NRC inspections. (The violation was issued in 2013.)

Also, between 2010 to 2011 the reactor was operated to perform regulatory surveillance under the NRC's CM Letter as stated earlier. Assuming the violation dates are to be believed, NRC CM letter required the licensee to violate TS 10.2 5 a minimum of 5 times. (The licensee does not believe either that senior reactor operators and/or the NRC staff were aware of any cracked elements. This is supported, by the Licensee's past actions when they identified and reported pervious cracked elements. The licensee and NRC staff clearly allowed blistered and swollen elements to remain in the reactor core. Amending antiquated TS 10.2 in the early 2000s with guidance from NUREG 153 7 would have updated the definition of damaged elements to include swelling and blistering. Those elements would have been removed upon identifying the defect.

2. 10 CFR 50.59 evaluation for control console maintenance and upgrade activities.

Four power/count channels, log, linear, percent power channels and a neutron count channel (each having a duplicate instrument) make up the control console start-up and power channels.

One of each instrument is in the control console; the duplicate is shelved ready for insertion when needed. When one of the 4 control instrument fails, it is removed from the console, the spare instrument on reserve is placed into service. This has been the accepted process for more than 20 years. Performing reviews and documenting 10 CFR 50.59 compliance on the repair are convoluted and misleading or in some cases the repair description does not exist. A maintenance Operation Request Form (ORF) is opened for the failed instrument; the same ORF is closed and accepted by signature with the insertion of the spare instrument in the console. For most cases if not all, the understanding of the repair details for the newly inserted instrument are not included in the 50.59 review before placing the spare instrument into service. Later, the malfunctioning unit taken out of service is than repaired and placed on the shelf; the details of the repair are not 3

consistently documented in a maintenance ORF or instrument repair log. When a repaired spare instrument was not available, the repair was performed on the malfunctioning unit intermediately and that unit placed back into service without the benefit of knowing the alterations performed by the electronic engineer on the instrument. In this case, the repair log was not immediately updated resulting in documentation not available for a 50.59 review.

Because of these discrepancies, the licensee required a complete evaluation of the control instruments where the current circuitry was compared to those provided by the manufacturer.

Restoration of the circuitry on the set of 4 control instruments were made to ensure they were consistent with the manufacturer's schematics and performance data. With this review, irregular parts were replaced. Two significant circumstances existed.

1. Electronic parts were substituted in repairs that was not deemed an equivalent (by the electronic engineer/schematics). The control instrument was placed into service without a reasonable review as required by 10 CFR 50.59. However, the NRC staff were aware of the practice and from the inspection reports, the NRC staff did not question the process.

An early identification of the circumstances could have allowed 50.59 reviews of corrective actions and ensured replaced parts to be consistent with manufacturer's schematics.

2. The regulatory documents show that the NRC staff was aware of an abnormality in the operating control console that caused scrams that could not be explained. The occurrences of spurious scrams were documented in annual reports with the events increasing in number every year for the last 5 years of operation. While discussions ensued with operators, NRC staff and RSC members, no action was taken. Unfortunately, subtle changes in operator behavior occurred without impacting the growing rate of spurious scrams. The spurious scrams were associated with the scram safety interlock circuit where a component of the power supply was degrading and erratically produced voltage surges outside the acceptable limits of the circuit resulting in a scram. This electronic instability was allowed by ARRR staff and accepted by NRC staff. (The scram safety circuit was repaired in 2018.)

During the course of the reactor start-up activity, other significant 50.59 discrepancies were identified. These include but not limited to the introduction of 12 % U235/ 20 % U enriched in U235 (12%/20%) fuel elements with the existing 8.5%/20% fuel elements to produce a mixed core without an informal or documented safety 50.59 analysis. There were no mention of the analysis by NRC Staff in any follow-up inspections. This turns out to be important in the NRC staff evaluation (ML18088A701) leading to RAI(s) from a recent submission of Aerotest Operations relicensing documents criticizing the insufficient analysis of a mixed core containing 8.5%/20% and 12%/20% fuel elements. This mixed core that has been operating for more than 10 years without NRC concern; The licensee also noted that there was no thermal hydraulic analysis performed before the new fuel composition was introduced in the early 2000s. While the actual safety ramifications are believed to be small, the concern is that the Licensee did not perform the 50.59 to prove that outcome and the NRC staff overlooked their obligation to ensure one was performed.

4

Earlier years, the ARRR reactor had 7 detectors surrounding the reactor core, but the current configuration has only 4. This earlier detector arrangement supported the criticality experiment referenced in TS 6.6. The change in number and location were not documented. It is not clear, a 50.59 was performed due to the lack of published results in the facility documents and/or NRC inspection reports. Clearly if the removal of 3 detectors (purpose, type, and location) would have been evaluated under 50.59, most likely would have also triggered the review for relevancy for TS 6.6 and the possibility of its omittance.

It is interesting to note that there is no written justification in the historical documents for the presence of TS 6.6. It is most likely an artifact of the initial start-up activities in 1965; TS 6.6 may have been relevant upon startup during that time when the reactor operational characteristics were being defined The research indicated the detector type, source orientation to the detector, and the loading sequence impact the safety of the approach-to-critical process, the quality and usefulness of the data. In fact, the current TS 6.6 as written if followed will most likely produce unsafe decisions from inaccurate and low-quality data from 2 of the 3 instruments due to inappropriate detector type, element loading sequence, orientation of source and detector, etc.

The orientation of the detector to the neutron source and loading sequence are crucial to a successful and accurate subcritical multiplication plot (1/M versus U-235 mass) used for the prediction of criticality.

It is not required to be present in the technical specifications according to 10 CFR 50.36 Technical Specifications there is no NUREG 1537 guide or standard that requires such a condition to be present in the Licensee's TSs. Review of TSs oflicenses of similar reactor type, that were recently renewed, confirms this belief. Operating procedures are the typical type of document that provide the safe application. (The contents of TS 6.6 was not included in submission of license and TS documents under relicensing activities.)

The issue is the TS 6.6 (written in 1964) is subject to various interpretations and most likely can result in a violation; this possible outcome was supported by discussions with the NRC staff. To avoid such an outcome, the licensee requested to omit the TS 6.6. before the startup of the reactor. Seven months expired without resolution before the decision of cessation.

3. 2. 10 CFR 50.53/55.59 Operator Active Status/Operators Requalification Program.

The operator training and sustaining the operating skill set are critical aspects of safe operation and was important to the effort to restart the ARRR reactor. Aerotest operation has had licensed senior reactor operators, 4 between the years 2005-2008 and 3 after 2008 (all with more than 20 years of experience.) As required by regulations, they participated in an NRC approved requalification program and the SRO's had satisfied the requirements as written in the NRC approved document (accepted in 2000). This fact is supported by the NRC inspections during the time-period between 2005-2017 where the inspectors found that the senior reactor operators were following regulations. After the ownership of the company changed in July 2017, the licensee was made aware of a series of communications between the NRC staff and the Aerotest' s General Manager earlier in April of that year. NRC staff intended to issue a Notice of Violation (NOV) for noncompliance with 10CFR 55.59 requalification program. Reviewing the relevant history associated with the program, the licensee found 2 inconsistencies based on the 5

interpretation of regulations with the existing Aerotest' s NRC approved requalification program.

Let me state clearly, the operators did follow their program as written and approved. Two realities, the NRC staff reviewed and approved the program in 2000 and NRC staff indicated the compliance of the program through the inspection process. It is interesting to note that NRC staff in 2017 only identified one concern, the lecture series that should have been delivered every two years. The second went unnoticed which required number of reactivity control manipulations for the same two-year period. The licensee issued in 1/2/18 a new operator requalification program for review and approval correcting the issues and modernizing the format (ML180009A439).

Understand that the existing requalification plan by regulation is required to be followed until a new plan is approved by the agency. 10 months later, the licensee received the first RAis dated 10/15/18 (ML18277A296) on the submitted proposed plan containing the changes needed.

In the months following the ownership change, the Licensee implemented a reactor restart program, one element of it is qualifying the senior reactor operators (SROs) for reactor operation. The reactor core was defueled in 2012 and the planned restart was to be in the fourth quarter of 2018. The SROs have maintained active status by performing SRO relevant duties as allowed in regulation. The focus was the refamiliarizing the discipline needed for reactor operation this included the physical location and response characteristics of the control instruments and the relevant set points, start-up procedures, operation, and shut down procedures. The information in operating procedures were reviewed and practiced on the ARRR console through a number of practicums. In 2018 based on consultation with NRC staff, the NRC staff indicated that the Licensee needed to send a SRO to another facility for qualification.

The licensee questioned the validity of such a practice given the uniqueness of type of control instrumentation, procedures that exist at other TRI GA facilities would not provide a realistic simulation of ARRR controls, instrument orientation and setpoints. The Licensee created their own program that included lectures and hands-on practicums conducted with ARRR control console, procedures, and auxiliary instruments. After fulfilling the NRC requested SRO requalification obligation at Reed College, the practice of qualifying operators which was promoted by the NRC staff was halted and being reviewed for legality, relevancy, and effectiveness by the NRC.

To confuse matters further, interpretation by NRC staff of regulatory requirements and obligations for the requalification program 10 CPR 55.59. and operator's active status 10 CFR 55.53, the NRC staff wrote that the licensee did not have an active SRO since 2012., RAI-ORP-7, obtained in NRC letter dated October 15, 2018, (ML18277A296) suggesting all duties that require SROs since that year were performed in violation of our License, Technical Specifications and/or Procedures. The circumstances as described were not reflected in the NRC inspection reports or communications after 2012. There were 6 NRC inspections since that time; 5 NRC inspections before the procurement of the stock (business). The licensee disagreed with the NRC staff's augment and have stated so (ML18303A291). Given the required scrutiny by NRC staff, this issue should have been resolved in 2012, not brought up in 2018.

4. Antiquated TS language/specifications concerning positions of authority Manager, RSO/RS, SRO, RO.

The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 1537 guidance. The document was written in 1965; the licensee 6

submitted and granted 5 license changes and 8 changes to the Appendix, Technical Specifications. Most were minor changes. The current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits. Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.)

There are four examples of antiquated language provided here. The first one was issued a severity IV violation just recently in October of 2020 from the NRC staff because the licensee did not meet the literal requirement found in the TSs. The last three appear to suffer from the same weakness where the antiquated specifications were accepted by both Licensee and NRC Staff. The condition ofthis document represents a potential minefield for meaningless violations.

The Licensee disagreed with the NRC findings and the issuance of a severity IV violation (ML20240A252) and requested the violation to be rescinded (AO letter dated 10/21/2020). The licensee and the NRC staff in the past have not held that literal wording standard for many of the assigned positions, RS, RSO etc. (Issuing notice of violation for a previously accepted specifications by the licensee and the NRC staff support the notion of punitive behavior by the NRC staff.

At issue is the written TS specifications for RSO and RS.

Unfortunately given the age of the document and lack of past critical reviews by the licensee and NRC staff, the document has become antiquated and was allowed to be loosely interpreted but not updated to provide more accurate specifications. The literal reading of qualification for the RSO and RS by the licensee and NRC staff have been ignored from the inception of the 1965 license. RSOs and RSs 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 and RS qualification TS 12.1.4. They possessed equivalent or better academic and experience credentials.

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 licensee's 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 Simen's ** BS Criminalistics 1965-1970 Ivan Lamb BS Physics 1970-1975 Ray Tsukimura BS Infor. System Management 1975-1993 7

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 compared 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. As provided in TS 12.1.4: "The reactor Supervisor shall have a Bachelor's degree in Engineering or Physical Science and shall have minimum of 4 years experience in the operation of a nuclear facility during which he shall have demonstrated competence in supervision and reactor operations. He shall hold a Senior Reactor Operator license for the facility."

Reviewing the technical credentials of the ARRR Reactor Supervisors, they were technically qualified but if you compare the language that exist in the TS some are non-compliant to that document. The R.Ss associated with Aerotest Operation are as follows:

Richard Tomlinson BA Physics 1965-1978 Jerry Haskins BS Physics 1978-1983 Ivan Lamb BS Physics 1978, 1983-1990 Hugo Simens BS Criminalistics 1990-1993 Alfredo Meren BS Chemical Engineering 1993-2003, 2007-2018 Chris Bauman BS/MS Nuclear Engineering 2004-2006,2018-2019 David Slaughter BS/MS/PhD Chemical Engineering 2019-Present Literally interpreting the language suggest between 1965 to 1993 the reactor supervisors did not meet the TS 12.1.4. The licensee and the NRC staff accepted the loose application of the requirement but in doing so lost an opportunity to create a more precise and accurate guidance.

This current written standard is not consistent with ANSI/ANS standard 15 .4.

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At issue is the AO's administrative authority.

The TS 12.1.1 specifically identifies the "President, Aerotest Operations" as the authority yet TSl.2.1.2 and TS 12.1.3.6 indicates it to be the "Manager, Aerotest Operations". Historically, in the original TS it was Plant Manager; Aerojet General Corporation; this TS modification was accepted in 1970. The change was adapted due to the separation of Aerotest Operations from the parent company Aerojet General. Since their incorporation in 1974, the formal authority of Aerotest Operations is the President. It has been interpreted by the Reactor Safeguards Committee that Manager" noted in Technical Specifications refers to President (i.e., RSC meeting minutes, 11-29-2007). The other company titles such as General Manager does not.

NRC staff reviewed the minutes of the RSC meetings suggesting they accepted the interpretation. If not, they were obligated to bring it to the licensee attention to address the differing interpretations. In January 2019, the Licensee received a telephone call from NRC Staff in which they indicated that Licensee needed to write a letter assigning the title of Manager to be compliant with the licensee's TSs to avoid a NOV. Even though the title of President and manager have been deemed equivalent in the past, a letter in response was issued in January 2019 to the Document Control Desk to fulfill the request (ML19016A1470). The administrative line of authority has been well documented and reviewed by NRC representatives without concern. Also, the administrative personnel flow charts conveyed the authoritative structure. If assuming a literal interpretation, this anomaly existed since 1974. The licensee's failed to maintain consistent administrative nomenclature, the NRC failed to perform their responsibilities to identify this shortcoming.

At issue is the gender and composition of qualified workers.

TS 7.4 "All fuel transfers in the reactor tank shall be conducted by a minimum staff of three men and shall include a licensed senior operator and a licensed operator. The staff members shall monitor the operation using the appropriate radiation monitoring instrumentation. Fuel transfer outside the reactor tank but within the facility shall be supervised by a licensed operator."

It is clear, that this section requires a three men" one being "licensed operator and the other "licensed senior operator". A literal interpretation creates several issues. The gender requirement is clearly a problem and the licensee has not been followed that part of the TS as it is written.

Reviews should have resulted in changing the language to be gender neutral. The nomenclature for the operators are not consistent to those described in the 10 CFR 55 and/or ANSI/ANS 15.4 standard. Keep in mind, in a literal interpretation of the language we cannot assume anything different than what is written. The licensee has licensed operators for forklift, overhead crane, in hazardous packaging, and reactor operations. Needless to say, TS 7.4 also requires two ranks of operators suggesting the licensee cannot use two "license senior operators". The Licensee used senior [reactor] operators and the fuel transfer team included women to fulfi11 TS 7.4 for the last 20 years. (In that same period, the licensee did not have licensed [reactor] operators.)

5. Chilled Administrative and Operational Culture The licensee chose not to fill critical technical knowledge positions with expertise in reactor physics and engineering that supports the understanding of the reasons (basis) for the regulatory 9

practices. In this failure, they weaken their ability to ensure safe operation of the reactor and to effectively challenge when appropriate the NRC staff concerning reasonable responses to regulatory requirements. This condition allowed meaningless protocols and procedures that offered no measurable safety benefit to infiltrate the licensee's program. It was also believed by the licensee especially the licensed reactor operators that the actions ofNRC staff were punitive and purposefully trying to force the facility into closure. The NRC staff's abuses were seen in large unexplained financial charges, claiming new violations from previously accepted and NRC approved practices, influencing American Nuclear Insurance (ANI) to cancel the licensee's nuclear insurance, and provide inaccurate and unsubstantiated information concerning the fuel failure and core condition. Independent of NRC staff actual intent of their actions, the licensee believed that NRC staff actions were to terminate reactor operation and force closure.

In 2017 (after)he stock purchase), the licensee recognized the need to clarify and modernize the technical specifications to avoid the past loose allowances and submitted changes that were included in the license renewal package (12/20/2017, ML l 8045A571, ML17363A303) and later in a License Amendment Request (3/12/2019, ML19084A051). The NRC staff is aware of these submissions and it is not clear why a remedial method such as 2020 notice of violation is even considered when the changed language is under NRC review. This action by the NRC appears punitive in nature especially with given the NRC staff's propensity to loosely interpret these and other TSs in the past.

My experience with the NRC staff indicates that NRC staff also lacks the rigors of the reactor science and the reasons (basis) for the presence of specific regulations. (An alternate explanation is that the NRC staff simply do not have the human resources and policies to respond effectively which presents the same impression.) It is not clear ifNRC staffers can freely engage with the licensees. The practice of the NRC's "concurrence" process muddies the clear role of the NRC staff and suggests the loss of influence on local outcome on practical regulatory compliance.

This trend also reduces or eliminated a technically competent relationship between the NRC staff and the licensee. This issue becomes more heighten with license and technical specifications do not evolve from the neglect by the licensee and the NRC staff. It appears that the concurrence process is ill-used; it serves as a tool for the upper management to protect the NRC agency but adds little value to the licensee's program. It also negatively impacts the timeliness ofremedial discussions.

The avoidance of needless and bloated changes as seen by the licensee, contributed to minimizing the interaction with the regulatory agency. Let me state clearly, the licensee has no issue with paying for the delivery of effective services. A significant chilling impact is the sheer cost without appreciation of the quality and quantity of the services rendered. The billing format over this time has changed 3 times since 2005. It is not always clear how tasks and charges are related. Even when the licensee asked for assistance to better understand the current charges of a relatively simple bill (ML20188A23), NRC staff's response appeared arrogant and condescending and fell short of providing the needed information to better assign a specific action to a charge (ML20212L739). The bloated and untethered charges without services rendered reinforces the licensee choice to minimize the contact with the NRC staff. This licensee does not have taxpayers (for state and federal owned reactors) or rate-payers (for utilities reactors) to pass on the charge overages or exempt from fees and charges as the 10

University reactors are. The licensee requested temporary relief of charges CFR 170/171 fees to update the antiquated programs that exist (ML18240A141). While NRC can provide that relief, they choose not to even though the NRC staff was a partner (with the licensee) in the resultant antiquated conditions (ML18268A345). While this licensee is classified as a Small Business, the rights afforded small businesses do not exist for the part 50 license. NRC explanation for not granting financial relief is not clear. NRC acknowledges that this licensee is a small business but chooses not to apply the flexibility in the financial rules afforded small businesses.

The US congress must also take responsibility in having mandated the payment fees and hourly compensation to NRC from license with minimal control on the timeliness and quality of the services rendered. 31 USC 9701 does state that charges are to be fair reasonable and give value to the recipient. In part, the Nuclear Energy Innovation and Moderation Act (NEIMA) passed in 2019 contains new legal language that was designed to assist in improving NRC staff effectiveness in their function. The result may also reduce the time required to complete NRC staff's tasks and lower its costs. It is not clear if the agency will take the new guidance from congress seriously and make some much-needed changes or simply blame their condition on the licensees; sadly, this licensee believes the latter will prevail.

Summarizing, the licensee is responsible for the safety and security of its workers and the public.

Reasonable timely regulatory oversight is needed to ensure that regulations are met to assist the licensee in a successful operation. Aerotest Operations (Licensee) and the NRC staff failed in theif obligations to provide safe reactor operations and practices. What ultimately protected the public and environment, in this case, was an inherently well-engineered UZrHx fuel. The licensee with the assistance of the NRC staff maintained an inadequate 50.59 process, an unsustainable training and requalification program and an antiquated license and technical specifications. In addition, the NRC staff caused a "chilling-effect on the circumstances surrounding this licensee due to their ineffective interactions and bloated :financial charges.

The licensee is seeking:

1. Reimbursement of 3,120,792.82, the licensee payments (since 2005) to the NRCfor years of service not performed or poorly rendered.

2. Changes to the NRC behavior to ensure USNRC oversight is reasonable, relevant, technically, and legally accurate and cost effective. (Especially since based on current law, licensees are obligated to pay for the agency's service.)

11

AEROTEST OPERATIONS, INC. Prepared by: Kathy Reichert NRC Bills Paid in Qulckbooks Reichert Enterprises, Inc.

510-388-2003 Jan 2005- November 2010 Total

- ..l!!:..

Check Check Check Check Check Date 03/08/2006 04/26/2006 08/08/2006 08/08l2005 10/20/2006 10123 10302 10618 10819 10867 Nwn Name NRC NRC NRC NRC NRC Psi 60 Routme PM Memo Annual Perm! F"" (1.Jcmme No R-98)

PM Roome Reactrve ~

Amount 13,18800 8,792 00 69,600 00 12,962 60 8,792 00 Check 10/20/2006 10888 NRC PM 13,000 00 Check 02/07/2006 11207 NRC PM 20,213 00 Check 04/21/2008 11448 NRC PM 17,-488 00 Check 08/10/2008 11731 NRC FY Anmml Fee 80,100 00 Check 08/10/2006 117-46 NRC PM 13,632 60 Check 10/23/2006 11987 NRC PM 1,.<<J7.00 Check 01/2&'2007 12274 NRC Part 60 Routme (9{17/06-12/23/06) 13,229 00 Check 01/26l2007 12266 NRC Revtew of Pert 60 $868/PM $7985 8,864 00 Check 04/20/2007 12634 NRC PM 3,341 60 Check 07/26/2007 12852 NRC PM 9,785 00 Check 08/16/2007 12915 NRC FY 2007 ANNUAL FEE 76,300 00 Check 10/18/2007 13121 NRC PM 16,50660 Check 10/18/2007 13122 NRC Roullneln8pecbons 18,44500 Check 02/04/2008 13472 NRC PM 6,424 00 Check 04/18/2008 13716 NRC PM 8,772 00 Check 07f22/2008 13977 NRC PM 5,392 20 Check 08/08/2008 14035 NRC ROlftlelnspecbOn 25,800 00 Check 08/25/2008 14084 NRC Annual F"" 76,500 00 Check 10/17/2008 14248 NRC Review of Part 50 6,12940 Check 02J09/2009 14592 NRC PM 68,472 60 Check 04/16/2008 14769 NRC PM 74,018 00 Check 07/23/2009 14999 NRC PM 102,388 60 Check 08/10/2009 15073 NRC FY 2009 Lxense R-98 Rllf\9N8J 87,600 00 Check 10/21 /'l009 15246 NRC ~ofpart60 17,136 00 Check 10/271?:000 15251 NRC Rev,- of Part 50 $257/PM $476 73300 Check 02/08/2010 15526 NRC ~ of Part 60 $1028/PM $9354 10,363 00 Check 04/27/2010 16708 NRC R9Yl8W pf Part 50 $17912/PM $6460 70 24,364 00 Check 07/30/2010 15954 NRC RoumelRaactrve lnspectzons(3/27/03110) 18,504 00 Check 07/30/2010 16955 NRC RtNlf!IN of Psi 60$11950/PM $28038 70 39,989 00 Check oa/24/2010 15954 NRC FY 2010 Annual Fee 61,700 00 Check 10/26/2010 16090 NRC Review of Part 50 $1160 / PM $12917 20 14,487 00 Check 03/10/2011 16346 NRC lnspecbon Report 26 hrs / Transfer 18 hrs 15,151 60 Check 06/31/2011 16487 NRC l..JceMe Transfer Fee 51600 Check 08/12/2011 16566 NRC PM 17,09669 Check 09{16/2011 16620 NRC Annual I..Jcense Fee(10-01-2010-9-30-2011) 86,300 00 Check 11/21/2011 18710 NRC h8pecbon 58 In/over head 64 08 hrs 32,03718 0-.eck 03/16/2012 16875 NRC RevteW cl Part 50 - PM 26,02591 Check 06/03/2012 18947 NRC lnspecl!oo 68 hrmafety 214 hre/PM 16 hrs 86,030 49 Check oa/24/2012 17119 NRC lnspect,on 56 hr9'8afely 234 5 hr9ltransfer 43/pm 106 5 tn 163,936 60 Check 08/29(2012 17132 NRC Annual Fee l..Jcense R-98 34,700 00 Check 08/29(2012 17140 NRC Annual Fee R-98 34,700 00 Check 11/14/2012 17238 NRC Sllfety 165 60 tn/Transfer 176 75 tn/11111pechon 166 In 168,234 75 Check 01/14/2013 17336 NRC Cynlhl8 Monl!jomery 6,198 36 Check 02/27/2013 17398 NRC Safety 48 hra/Transfer 240 IYBhnspecbon 46 hrs 155,084 00 Check 04/26/2013 17489 NRC Safety RMew 116 hra/Transfer 126 5 hrs/PM 121 hrs 99,326 00 Check 08/06/2013 17636 NRC Safety ~ra/Trsisfer 73 25 tn/ PM 101 75 tn 72,610 00 Check 09/06/2013 17673 NRC Annual Fees 61,600 00 Check 11/06/2013 17767 NRC Safety RleYew 104 hrs/Transfer 82 60 In/PM 56 25 87,804 00 Check 03/10/2014 17938 NRC Safety ReY,a,,v 8 tn/PM 5 361n 3,643 96 Check 04/22/'l014 18009 NRC PM Changes 30 hrs 8,29600 Check 08/16/2014 16168 NRC lnd.-ect Transfer 126 hre/PM 53.65 tn 57,908 60 Check 09/24/2014 18222 NRC ArnllllF- 84,600 00 Check 11/18/2014 18296 NRC Tnnfer 244.26 hrs/PM 33 hours3.819444e-4 days 0.00917 hours 5.456349e-5 weeks 1.25565e-5 months 75,427.05 Paga 1 of 2

AEROTEST OPERATIONS, INC. Prepared by: Kathy Reichert NRC BIiis Paid In Quickbooks Reichert Enterprises, Inc.

510-388-2003 Jan 2005- November 2010

~ Date NLITI Name Memo Amount

- Check Check Check Check Check Oieck-Check

~16 09/23l2015 05/26/2016 08/10/2016 09/06/2016 11/04/2016 02/17/2017 18434 18757 19118 19236 19267 19357 19616 NRG NRG NRG NRG NRG NRG NRG 2014201/0600028 64 hrs and PM Charges 27 5 In Docket #05000228 (Penod 7!01/2015-09/30/2015)

NRG Fees Proof of Flrlmlclal protectloo{Tranafer 108 hrs ANNUAL FEE Proof ri Fmanoal protecbon(Transfer 221 75 hOln QTR 9118116 lhru 12/24/16 (Part 170) 26,468 75 83,500 DO 20,381 58 30,680 64 81,500 DD 62,865 33 15,02815 Check 04/19/2017 19612 NRG SRI Alocabon Costs 11,797 80 Check 07riN2017 19m NRG LFB 17-4184 16,783 78 Bil 09/01/2017 LFB-17-5273 NRG 6/1 /17-9/J0/17 81,400 DO Bil 10/26/2017 LFB 18-0411 NRG 6/25/17-9/30/17 10,682 54 B4l 01/23/2018 05000228 NRG 3,136 28 Bill 04/26/2018 05000228 NRG 12/24/17-3/31/18 27,629 53 Bill 07/19{2018 LFB 18-4924 NRG Docket # 05000228 81,473 46 Bil 08/28/2018 LFB 16-6687 NRG Per Small Busmess Form 526 86000 Bil 10/25/2018 LFB19-0384 NRG LFB19-0384 Docket #05000228 Small ~ Fees 3,343 59 s.i 10/25/2018 LFB 019-0384 NRG PM, Renewal, Siert~. TS6 6 30,09226 bill 01/23/2019 LBF 19-1896 NRG PM, Renewal, Slart up, TS6 6 11,687 50 boD 04/24/2019 LFB-19-3117 NRG PM 3,781 26 boD 07/19(2019 LFB-194006 NRG LAR/OPR 2,68750 btD 08/14/2019 LFB-19-4890 NRG AmualFee 90000 IHI 10/23/2019 LFB-20-0434 NRG LAR/OPR 15,883 26 bll 01/15/2020 LFB-20-1849 NRG LAR/OPR (parb8I payment asbule $22,796) 1,251.00 bill 04/21/2020 LFB-20-3811 NRG LAR/ORP 23,72625

~ 09/17/2020 LFB-20-4604 NRG AmualFee 90000 bill 10/21/2020 LFB-21-0354 NRG lnpecbon, LAR/ORP, PM 42,71720 Total 3,120,792.82

-Reactor Shut Down, Reseach and Education Only Commerlal work, reseach and edycatlon Bills from 2011-2020 Bills from 2005-2010 Total 2,056,445 72 1,064,34710 3,120,792 82 Paga2 of 2

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 1 of 202 Invoice Number: RS0123-05 Date: 03/07/05 Amount: $13,188.00 Billing Period: 9/19/04-12/25/04 Billing for: Part 50 Routine/Reactive, Inspections, Investigations Adams#: ML042380162 Date: 9/2/04 Hours: NIA Amount: $13,188.00 Reason for requested refund:

Inspection 8/16/04-8/19/04 Inspector Craig Bassett

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Form 2004-2010 Aerotest had a Routine inspections annually. We are 250 kW facility.

We fall under the Class II R1R's. For Class II RTR the inspection program should be biennially. (NRC inspection manual chapter 2545-08-02). Biennial means that the R1R inspection program should be performed at least once every 2 years with an interval not to exceed 2 years 6 months (NRC inspection manual chapter 2545-04-02)

We've determined that the 2004, 2006, 2008, and 2010 years inspections were in excess of the required biennial period of2 years to 2 years 6 months.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 2 of202 Invoice Number: RL0558-08 Date: 4/14/05 Amount:$ 8,792.00 Billing Period: 12/26/04-03/19/05 Billing for: Project Manager - Research & Test Reactors Licensing Hours: 39.8 Amount: $6,248.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - General Administration Hours: 15.8 Amount: $2,480.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B "the value of the service or thing to the recipient;"

Billing for: Project Manager - Financial Management Hours: .4 Amount: $62.80 Questions:

1. .What was this for?

2. Who Charged this?

3. What could you possibly do for .4 hour4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months which is 24 Minutes?

4. Was this an Allocation?

- Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020

- P~e3~2m

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 4 of 202 Invoice Number: AR0483-05 Date: 7/25/05 Amount: $59,500.00 Billing Period: 07/01/05-09/30/05 Billing/or: 2005 Annual Fee Reason for requested refund:

1. We cannot compete with the universities doing commercial Neutron Radiography when they are not paying NRC. So either they need to pay the NRC fees or we need to be exempt from the fees as we are both 104C license. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency.

Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-

." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

2. We are a 104c license with both commercial business and research, education, and training. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CPR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 5 of202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 6 of202 Invoice Number: RL0743-05 Date: 7/25/05 Amount: $12,952.50 Billing Period: 3/20/05-6/25/05 Billing for: Project Manager - Research & Test Reactors Licensing Hours: 64.3 Amount: $10,095.10 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Billing for: Project Manager - General Administration Hours: 17.6 Amount: $2,763.20

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B the value of the service or thing to the recipient;"

Bllling for: Project Manager - Financial Management Hours: .6 Amount: $94.20 Questions:

1. What could you possibly do for .6 hour6.944444e-5 days 0.00167 hours 9.920635e-6 weeks 2.283e-6 months which is 36 Minutes?

2. Was this an Allocation?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the

- recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 7 of202 Invoice Number: RS0007-06 Date: 10/17/05 Amount: $8,792.00 Billing Period: 06/26/05-9/17/05 Blllingfor: Part 50 Routine/R.eactive, Inspections, Investigations Inspection Report#: 50-228/2005-201 Adams#: ML051380438 Inspection Report#: 50-228/2005-201 Hours: 56 Amount: 8,792.00 Reason for requested refund:

Inspection 4/25/05-4/28/05 by Craig Bassett and Kevin Witt

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Fuel Handling - Deformed and Stuck Element which should have been written up as a violation because it did not meet our TS 10.2. But this was not written up until December 18, 2013, ML13212A051.

Letter disclosed: As discussed, the violation is associated with operation of the reactor for an indeterminate period of time beginning at a point after the last full fuel inspection in 2006 up until October 15, 2010, when the facility ceased reactor operation, with a number of fuel elements with varying degrees of cracking in the aluminum cladding.

NRC basically said they don't know when the violation occurred, but it was mentioned to the NRC during this inspection which was before the 2006 time period. Had the NRC issued us a violation in 2005, we would have corrected it and our fuel core would be different today than it is.

4. Unresolved Scrams corrected using an ORFS.

5. Operator Requalification Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requali:fication program must include

- preplanned lectures on a regular and continuing basis throughout the license period in

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020

- P~e8~2m those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated "Preplanned lectures will be given a minimum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial written examination or annual operating test must be tutored to bring their performance up to a minimum of 70%." Training was only done if test scores were below 70%.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 9 of202 Invoice Number: RL0148-06 Date: 10/17/05 Amount: $13,090.00 Billing Period: 6/26/05-9/17/05 Billing for: Project Manager - Research & Test Reactors Licensing Hours: 56 Amount: $10,140.80 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager - General Administration Hours: 15.4 Amount: $2,763.4

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Financial Management Hours: 1.0 Amount: $185.8 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 10 of202

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 11 of 202 Invoice Number: RL0308-06 Date: 01/23/06 Amount: $20,213.00 Billing Period: 9/18/05-12/24/05 Billing for: Project Manager - Research & Test Reactors Licensing Hours: 80.7 Amount: $16,543.50 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - General Administration Hours: 17.1 Amount: $3,505.50

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Financial Management Hours: .8 Amount: $164.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 12 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or tiring to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 13 of202 Invoice Number: RL0489-06 Date: 4/14/06 Amount: $17,466.00 Billing Period: 12/25/05-03/18//06 Billing for: Project Manager - Research & Test Reactors Licensing Hours: 66.1 Amount: $13,550.50 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager - General Administration Hours: 17.9 Amount: $3,699.50

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Financial Management Hours: 1.2 Amount: $246.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was* direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 14 of202

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 15 of202 Invoice Number: AR0494-06 Date: 8/7/06 Amount: $80,100.00 Billing Period: 10/1/05-9/20/06 Billing/or: 2005 Annual Fee Reason for requested refund:

1. We are a 104c license with both commercial business and research, education, and training. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

2. We cannot compete with the universities doing commercial Neutron Radiography when they are not paying NRC. So either they need to pay the NRC fees or we need to be exempt from the fees as we are both 104C license. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency.

Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-

." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 16 of 202 Invoice Number: RL0673-06 Date: 7/20/06 Amount: $13,632.50 Billing Period: 3/19/06-6/24/06 Billing/or: Project Manager-Research & Test Reactors Licensing Hours: 6 Amount: $1,230.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager - General Administration Hours: 22.7 Amount: $4,653.50 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Financial Management Hours: .4 Amount: $82.00 Questions:

1. What is this for?

2. Who charged this time?

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 17 of202

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Staff Development Hours: 1.2 Amount: $246.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Licensing Activities Hours: 36.2 Amount: $7,421.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 18 of202 Invoice Number: RL0171-07 Date: 10/12/06 Amount: $1.407.00 Billing Period: 6/25/06-9/16/06 Billing/or: Project Manager - General Administration Hours: 5.7 Amount: $1,192.5 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Financial Management Hours: .9 Amount: $192.9

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Licensing Activities Hours: 0.1 Amount: $21.70 Questions:

1. What can they do in 6 minutes?

2. What is this for?

3. Who charged this time?

4. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

- Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 19 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Invoice Number: RL0375-07 Date: 1/19/07 Amount: $8,854.00 Billing Period: 09/17/06-12/23/06 Billing for: Project Manager - General Administration Hours: 9.6 Amount: $2,083.20 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Financial Management Hours: 0.6 Amount: $130.20 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

BillJng for: Relicensing Activities Hours: 4.0 Amount: $868.00 Questions:

- 1. What is this for?

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 20 of 202

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Licensing Activities Hours: 4.8 Amount: $1,041.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Research & Test Operating Hours: 21.4 Amount: $4.643.80 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Staff Development Hours: 0.4 Amount: $86.80 Questions:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 21 of 202

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 22 of 202 Invoice Number: RS0122-07 Date: 1/12/07 Amount: $13,229.00 Billing Period: 9/17/06-12/23/09 Billing/or: Part 50 Routine/R.eactive, Inspections, Investigations Inspection #:50-228/2006-201 & 50-228/2006-202 Adams #:ML061730163 & ML062340159 Hours: 64.5 Amount: $13,228.50 Reason for requested refund:

Inspections Date 6/5/06-6/8/06 Inspector: Craig Bassett Inspections Date 6/06/06-6/07/06 Security Inspection Inspector: Craig Bassett

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Form 2004-2010 Aerotest had a Routine inspections annually. We are 250 kW facility.

We fall under the Class II RTR's. For Class II RTR the inspection program should be biennially. (NRC inspection manual chapter 2545-08-02). Biennial means that the RTR inspection program should be performed at least once every 2 years with an interval not to exceed 2 years 6 months (NRC inspection manual chapter 2545-04-02)

We've determined that the 2004, 2006, 2008, and 2010 years inspections were in excess of the required biennial period of 2 years to 2 years 6 months.

4. Operator Requalification Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated "Preplanned lectures will be given a minimum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 23 of202 written examination or annual operating test must be tutored to bring their performance up to a minimum of 70%." Training was only done if test scores were below 70%.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 24 of 202 Invoice Number: RL0584-07 Date: 4/10/07 Amount: $3,341.80 Billing Period: 12/24/06-3/17/07 Billing for: Project Manager - General Administration Hours: 5.1 Amount: $1,106.70 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Billing/or: Project Manager - Financial Management Hours:0.3 Amount: $65 .10 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager -Research & Test Operating Hours: 6.7 Amount: $1,432.20 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 25 of 202 Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Billing for: Project Manager - Staff Development Hours: 3.4 Amount: $737.80 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 26 of202 Invoice Number: RL0742-07 Date: 7/19/07 Amount: $9,765.00 Billing Period: 3/18/07-6/23/07 Billing/or: Project Manager - General Administration Hours: 27.8 Amount: $6,032.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Financial Management Hours: 1.8 Amount: $390.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Research & Test Operating Hours: 14.0 Amount: $3,038.00 Questions:

1. What is this for?

- 2. Who charged this time?

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 27 of 202

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Licensing Activities Hours: 1.4 Amount: $303.80 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 28 of 202 Invoice Number: Date: 8/16/07 Amount: $76,300.00 Billing for: 2007 Annual Fee Reason for requested refund: *

1. We cannot compete with the universities doing commercial Neutron Radiography when they are not paying NRC. So either they need to pay the NRC fees or we need to be exempt from the fees as we are both 104C license .. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency.

Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-

." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

2. We are a 104c license with both commercial business and research, education, and training. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 29 of 202 Invoice Number: RLOl 77-08 Date: 10/12/07 Amount: $16,506.50 Billing Period:-6/24/07-9/15/07 Bllling for: Project Manager - General Administration Hours: 30 Amount: $6,944.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

- Bllling for: Project Manager - Financial Management Hours: 4.0 Amount: $ 929.50 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billu,g for: Project Manager - Research & Test Operating Hours: 34.0 Amount: $7,808.50 Questions:

1. What is this for?

2. Who charged this time?

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 30 of 202

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Licensing Activities Hours: 3.4 Amount: $823.90 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 31 of 202 Invoice Number: RS0009-08 Date: 10/5/07 Amount: $18,445.00 Billing Period: 6/24/07-9/15/07 Billing for: Part 50 Routine/Reactive, Inspections, Investigations Inspection#: 50-228/2007-201 Adams#: ML071700653 Hours: 85 Amount: $18,445.00 Reason for requested refund:

Inspection Dates: 6/11/07-6/14/07 Inspector: Craig Bassett

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you talce them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Fuel Handling - Deformed and Stuck Element which should have been written up as a violation because it did not meet our TS 10.2. But this was not written up until December 18, 2013, ML13212A051.

Letter disclosed: As discussed, the violation is associated with operation of the reactor for an indeterminate period of time beginning at a point after the last full fuel inspection in 2006 up until October 15, 2010, when the facility ceased reactor operation, with a number of fuel elements with varying degrees of cracking in the aluminum cladding.

NRC basically said they don't know when the violation occurred, but it was mentioned to the NRC during this inspection which was before the 2006 time period. Had the NRC issued us a violation in 2005, we would have corrected it and our fuel core would be different today than it is.

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 32 of 202 Invoice Number: RL0319-08 Date: 1/19/08 Amount: $6,424.60 Billing Period: 9/16/07-12/22/07 Billing for: Project Manager - General Administration Hours: 8.8 Amount: $2,270.40 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a Ifit was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B "the value of the service or thing to the recipient;"

Billing/or: Project Manager -Staff Development Hours: 16.1 Amount: $4,153.80 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 33 of 202 Invoice Number: RL0593-08 Date: 04/09/08 Amount: $8,772.00 Billing Period: 12/823/07-3/15/08 Billing for: Project Manager - General Administration Hours: 27.8 Amount: $7,172.40 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Staff Development Hours: 4.0 Amount: $1,032.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Research & Test Operating Hours: 2.2 Amount: $567.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 34 of202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 35 of 202 Invoice Number: RL0798-08 Date: 7/17/08 Amount: $5,392.20 Billing Period: 3/16/08-6/21/08 Billing for: Project Manager - General Administration Hours: 8.7 Amount: $2,244.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Staff Development Hours: 1.5 Amount: $387.00

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

BilIJng for: Project Manager - Research & Test Operating Hours: 10.7 Amount: $2,760.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested. refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 36 of 202

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 37 of 202 Invoice Number: RS0358-08 Date: 07/09/08 Amount: $25,800.00 Billing Period: 3/16/08-6/21/08 Billing for: Part 50 Routine/R.eactive, Inspections, Investigations Inspection#: 50-228/2008-201 Adams#: :ML081230113 Hours: 100 Amount: $25,800.00 Reason for requested refund:

Inspection Dates: 4/21/08-4/24/08 Inspectors: Craig Bassett & Phillip Young

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Form 2004-2010 Aerotest had a Routine inspections annually. We are 250 kW facility. We fall under the Class II RTR's. For Class II RTR the inspection program should be biennially.

(NRC inspection manual chapter 2545-08-02). Biennial means that the RTR inspection program should be performed at least once every 2 years with an interval not to exceed 2 years 6 months (NRC inspection manual chapter 2545-04-02)

We've determined that the 2004, 2006, 2008, and 2010 years inspections were in excess of the required biennial period of 2 years to 2 years 6 months.

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 38 of 202 Invoice Number: AR0494-08 Date: 08/05/08 Amount: $76,500.00 Billing Period: 10/01/07-9/30/08 Billing for: 2008 Annual Fee Reason for requested refund:

I. We are a I 04c license with both commercial business and research, education, and training. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter IO Atomic licenses I 04c '"The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

2. We cannot compete with the universities doing commercial Neutron Radiography when they are not paying NRC. So either they need to pay the NRC fees or we need to be exempt from the fees as we are both I 04C license. 31 USC 970 I b, The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency.

Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-

." 31 USC 9701,b, I Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 39 of202 Invoice Number: RL0076-09 Date: 10/8/08 Amount: $6,129.40 Billing Period: 6/22/08-9/13/08 Billing for: Project Manager - General Administration Hours: 2.0 Amount: $486.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Staff Development Hours: 9.3 Amount: $2,399.40

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Research & Test Operating Hours: 13 Amount: $3,244.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 40 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 41 of 202 Invoice Number: RL0290-09 Date: 1/13/09 Amount: $68,472.60 Billing Period: 9/14/08-12/20/08 Billing for: Project Manager - General Administration Hours: 27.40 Amount: $6,521.20 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B "the value of the service or thing to the recipient;"

Blllingfor: Project Manager-Research & Test Operating Hours: 251.50 Amount: $59,857.00

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Billing for: Project Manager - Licensing Activities Hours: 8.80 Amount: $2,094.40 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentatio n ofNRC Refund Request for 2005-2020 e Page 42 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 43 of202 Invoice Number: RL0507-09 Date: 04/07/09 Amount: $74,018.00 Billing Period: 11/21/08-+3/14/09 Billing/or: Project Manager - General Administration Hours: 16.6 Amount: $3,950.80 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing/or: Project Manager -Staff Development Hours: 46.0 Amount: $10,948.00

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Research & Test Operating Hours: 248.40 Amount: $59,119.20 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 44 of 202

2. Unknown Activity. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 45 of202 Invoice Number: AR0495-09 Date: 8/10/09 Amount: $87,600.00 Billing Period: 10/1/08-9/30/09 Billing for: FY 2009 Annual Fee Reason for requested refund:

1. We are a 104c license with both commercial business and research, education, and training. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

2. We cannot compete with the universities doing commercial Neutron Radiography when they are not paying NRC. So either they need to pay the NRC fees or we need to be exempt from the fees as we are both 104C license. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 46 of202 Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-

." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 47 of 202 Invoice Number: RL0725-009 Date: 7/16/09 Amount: $102,387.60 Billing Period: 3/15/09-6/20/09 Billing for: Proiect Manager - General Administration Homs: 6.0 Amount: $1,428.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Staff Development Homs: 1.5 Amount: $357.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Research & Test Operating Homs: 421.60 Amount: $100,364.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 48 of 202 Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager -Licensing Activities Hours: 1.0 Amount: $238.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 49 of202 Invoice Number: RS00l0-10 Date: 10/26/09 Amount: $17,136.00 Billing Period: 6/21/09-9/26/09 Billing for: Part 50 Routine/R.eactive, Inspections, Investigations Inspection#: 50-228/2009-201 Adams#: ML091770065 Hours: 72.0 Amount: $17,136.00 Reason for requested refund:

Inspection Date: 6/8/09-6/11/09 Inspector: Craig Bassett

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Fuel Handling - Deformed and Stuck Element which should have been written up as a violation because it did not meet our TS 10.2. But this was not written up until December 18, 2013, ML13212A051.

Letter disclosed: As discussed, the violation is associated with operation of the reactor for an indeterminate period of time beginning at a point after the last full fuel inspection in 2006 up until October 15, 2010, when the facility ceased reactor operation, with a number of fuel elements with varying degrees of cracking in the aluminum cladding.

NRC basically said they don't know when the violation occurred, but it was mentioned to the NRC during this inspection which was before the 2006 time period. Had the NRC issued us a violation in 2005, we would have corrected it and our fuel core would be different today than it is.

4. Operator Requalification Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated Preplanned lectures will be given a minimum

- of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 50 of 202 written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial written examination or annual operating test must be tutored to bring their performance up to a minimum of 70%." Training was only done if test scores were below 70%.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 51 of 202 Invoice Number: RL0133-10 Date: 10/21/09 Amount: $733.00 Billing Period: 6/21/09-9/26/09 Billing for: LR Safety Review Hours: 1.0 Amount: $257.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Billing/or: Project Manager-Research & Test Operating Hours:2 Amount: $476.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 52 of 202 Invoice Number: RL0344-10 Date: 1/26/10 Amount: $10,383.00 Billing Period: 9/27/09-01/02/10 Billing for: LR Safety Review Hours: 4.0 Amount: $1,028.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - General Administration Hours: 31.4 Amount: $8,069.80

- Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Staff Development Hours: 5 Amount: $1,285.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 53 of202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 54 of 202 Invoice Number: RL0524-10 Date: 4/19/10 Amount: $24,364.00 Billing Period: 1/3/09-03/27/10 Blllingfor: License Transfer Hours: 69.70 Amount: $17,912.80 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because ofNRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

Billing for: Project Manager - General Administration Hours: 12.1 Amount: $3,109.70 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Bllling for: Project Manager - Sta.ff Development Hours: 6.2 Amount: $1,593.40 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 55 of 202 a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 970 l ,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Research & Test Operating Hours: 6.8 Amount: $1,747.60 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 56 of 202 Invoice Number: RS0363-10 Date: 7/21/10 Amount: $18,504.00 Billing Period: 3/28/10-7/03/10 Billing for: Part 50 Routine/R.eactive, Inspections, Investigations Inspection#: 50-228/2010-201 & 50-228/2010-202 Adams#: ML101330004 & ML101330006 Hours: 72 Amount: 18,504.00 Reason for requested refund:

Inspection Dates: 5/3/10-5/6/10 Inspector: Craig Bassett Inspection Dates: 5/5/10-5/6/10 Security Inspector: Craig Bassett

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Form 2004-2010 Aerotest had a Routine inspections annually. We are 250 kW facility.

We fall under the Class II RTR's. For Class II RTR the inspection program should be biennially. (NRC inspection manual chapter 2545-08-02). Biennial means that the RTR inspection program should be performed at least once every 2 years with an interval not to exceed 2 years 6 months (NRC inspection manual chapter 2545-04-02)

We've determined that the 2004, 2006, 2008, and 2010 years inspections were in excess of the required biennial period of 2 years to 2 years 6 months.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 57 of 202 Invoice Number: RL0786-10 Date: 7/28/10 Amount: $39,989.00 Billing Period: 3/28/10-7/03/10 Billing for: License Transfer Hours: 46.50 Amount: $11,950.50 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the

~fer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Cbi11iog Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

3. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

4.

Bllling for: Project Manager - General Administration Hours: 6.0 Amount: $1,542.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 58 of 202 Billing for: Project Manager - Staff Development Hours: 6.0 Amount: $1,542.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Bllling for: Project Manager - Research & Test Operating Hours: 97.10 Amount: $24,954.70 Questions:

- 1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 59 of 202 Invoice Number: Date: 8/24/10 Amount: $81,700.00 Billing for: 2010 Annual Fee Reason for requested refund:

3. We cannot compete with the universities doing commercial Neutron Radiography when they are not paying NRC. So either they need to pay the NRC fees or we need to be exempt from the fees as we are both 104C license. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency.

Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-

." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

4. We are a 104c license with both commercial business and research, education, and training. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

c. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

d. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 60 of 202

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 61 of202 Invoice Number: RL0106-11 Date: 10/19/10 Amount: $14,467.00 Billing Period: 7/4/10-9/25/10 Billing/or: License Transfer Hours: 6.0 Amount: $1,550.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

Billing for: Project Manager - General. Administration Hours: 9.4 Amount: $2,425.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 62 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Billing for: Project Manager - Research & Test Operating Hours: 35.9 Amount: $10,492.20 Questions:

I. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 63 of 202 Invoice Number: LFB 11-1764 Date: 12/18/10 Amount: $15,151.50 Billing Period: 10/01/10-9/30/2011 Billing/or: LR Safety Review Hours: 2.0 Amount: $518.00 Question:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

BiIJJng for: License Transfer Hours: 16.0 Amount: $4,144.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

5. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 64 of 202 Billing for: Part 50 Routine/Reactive, Inspections, Investigations Inspection#: 50-228/2010-203 Adams#: ML103340011 Hours: 40 Amount: $10,360.00 Reason for requested refund:

Inspection Dates: 11/8/10-11/10/10 non-routine Inspector: Craig Bassett Went over TS

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 153 7 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Operator Requalification Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated Preplanned lectures will be given a minimum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial written examination or annual operating test must be tutored to bring their performance up to a minimum of70%." Training was only done if test scores were below 70%.

Billing for: Project Manager - SRI Allocated Overhead Hours Hours: 0.5 Amount: $129.50 Questions:

1. Allocation is based on what?

2. What were the direct benefits received by Areotest?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 65 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 66 of202 Invoice Number: LFB 11-3892 Date: 3/26/11 Amount: $ 518.00 Billing Period: 10/01/10-9/30/2011 Billing/or: License Transfer Hours: 2.0 Amount: $518.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! 1t took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 67 of 202 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 68 of 202 Invoice Number: LFB 11-4806 Date: 8/1/11 Amount: $17,096.59 Billing Period: 10/1/10-7/02Jl 1 Billing for: Project Manager - SRI Allocated Overhead Hours Hours: 66.01 Amount: 17,096.59 Questions:

1. What is the allocation based on?

2. What were the direct benefits received by Areotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses I 04c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection I 04 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 970 I b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, I Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 69 of 202 Invoice Number: LFB 11-5559 Date: 8/23/11 Amount: $86,300.00 Billing Period: 10/01/2010-9/30/2011 Billing for: Annual Fees Reason for requested refund:

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 70 of 202 Invoice Number: LFB 12-0459 Date: 11/30/11 Amount: $32,037.18 Billing Period: 7/03/11-9/24/11 Billing for: License Transfer Hours: 1 Amount: $259.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because ofNRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 71 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts" Billing for: Project Manager - SRI Allocated Overhead Hours Hours: 63.08 Amount: 16,756.18 Questions:

1. What is the allocation based on?

- 2. What were the direct benefits received by Areotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an_institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 72 of 202 the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: Part 50 Routine/R.eactive, Inspections, Investigations Inspection#: 50-228/2011-201 Adams#: MLl 12570060 Hours: 58 Amount: $15,022.00 Reason for requested refund:

Inspection Date: 8/15/11-8/17-11 Inspector Craig Bassett

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 153 7 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Fuel Handling - Deformed and Stuck Element which should have been written up as a violation because it did not meet our TS 10.2. But this was not written up until December 18, 2013, ML13212A051.

Letter disclosed: As discussed, the violation is associated with operation of the reactor for an indeterminate period of time beginning at a point after the last full fuel inspection in 2006 up until October 15, 2010, when the facility ceased reactor operation, with a number of fuel elements with varying degrees of cracking in the aluminum cladding.

NRC basically said they don't know when the violation occurred, but it was mentioned to the NRC during this inspection which was before the 2006 time period. Had the NRC issued us a violation in 2005, we would have corrected it and our fuel core would be different today than it is.

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 73 of 202

4. Operator Requalification Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated "Preplanned lectures will be given a minimum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial written examination or annual operating test must be tutored to bring their performance up to a minimum of70%." Training was only done if test scores were below 70%.

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 7 4 of 202 Invoice Number: LFB 12-12276 Date: 2/13/12 Amount: $25,025.91 Billing Period: 9/25/11-12/31/11 Billing for: PM/SRI Hours: 91.67 Amount: $25,025.91 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

2. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

3. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020

, Page 75 of202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 76 of 202 Invoice Number: LB 12-3348 Date: 4/19/12 Amount: $86,030.49 Billing Period: 1/1/12-3/24/12 Billingfor:201220/0500028 Hours: 68.0 Amount: $18,563.49 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 77 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: ME8044/Aerotest Safety Review Project Management Hours: 214.0 Amount: $61,971.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 78 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 16.0 Amount: $5,496.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 79 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 80 of 202 Invoice Number: LB 12-4646 Date: 8/1/12 Amount: $163,936.50 Billing Period: 03/25/12-6/30/12 Bllling for: 201220/0500028 Hours: 62.0 Amount: $19,110.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minim1im amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 81 of202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: ME8044/Aerotest Safety Review Project Management Hours: 266.0 Amount: $103,467.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a Ifit was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CPR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 82 of 202 sruµl be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: ME8811 -Indirect Transfer Hours: 43.0 Amount: $11,739.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because ofNRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection I 04 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 83 of 202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 105.5 Amount: $29,620.50

Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

I. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section

- 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 84 of202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 85 of202 Invoice Number: LB 12-5350 Date: 8/14/12 Amount: $69,400.00 Billing Period: 10/1/11-9/30/12 Billing for: Annual Fee Reason for requested refund:

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utiliz.a.tion and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 86 of 202 Invoice Number: LFB 13-04725 Date: 10/19/12 Amount: $158,234.75 Billing Period: 7/1/12-9/22/12 Bllling for: ME8044/Aerotest Safety Review Project Management Hours: 146. 0 Amount: $39,860.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 87 of202 service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: ME8811 - Indirect Transfer Hours: 195.25 Amount: $53,316.75 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closme.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minim1m amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 88 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts" Billing/or: Inspection 2012204/05000228 Adams#: ML12213A001 Hours: 112.0 Amount: $30,576.00 Reason for requested refund:

Inspection Dates: 7/16/12-7/23/12 Non Routine Inspector: Craig Bassett Fuel Handling and Defueling

1. This inspection was necessary because back in 2005 inspection Aerotest was not written up on Stuck Elements as a violation of TS 10.2 Had the NRC acted appropriately in 2005, Aerotest would have corrected the violation and this would not have been necessary.

2. The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

3. 10 CPR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

4. Fuel Handling - Deformed and Stuck Element which should have been written up as a violation because it did not meet our TS 10.2. But this was not written up until December 18,2013,ML13212A051.

Letter disclosed: As discussed, the violation is associated with operation of the reactor for an indeterminate period of time beginning at a point after the last full fuel inspection in

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 89 of 202 2006 up until October 15, 2010, when the facility ceased reactor operation, with a number of fuel elements with varying degrees of cracking in the aluminum cladding.

NRC basically said they don't know when the violation occurred, but it was mentioned to the NRC during this inspection which was before the 2006 time period. Had the NRC issued us a violation in 2005, we would have corrected it and our fuel core would be different today than it is.

5. Unresolved Scrams corrected using an ORFS.

6. Operator Requali:fication Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated "Preplanned lectures will be given a minimum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial written examination or annual operating test must be tutored to bring their performance up to a minimum of 70%." Training was only done if test scores were below 70% ..

7. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 90 of202

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 970 l ,b,2 D "other relevant facts" Billing/or: Inspection 2012205/05000228 Adams#: ML12264A00 Hours: 54.0 Amount: $14,796.00 Reason for requested refund:

Inspection Dates: 9/10/12-9/12/12 Non Routine Inspector: Craig Bassett Fuel Handling

1. This inspection was necessary because back in 2005 inspection Aerotest was not written up on Stuck Elements as a violation of TS 10.2 Had the NRC acted appropriately in 2005, Aerotest would have corrected the violation and this would not have been necessary.

2. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 153 7 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

3. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

4. Fuel Handling - Deformed and Stuck Element which should have been written up as a violation because it did not meet our TS 10.2. But this was not written up until December 18, 2013, ML13212A051.

Letter disclosed: As discussed, the violation is associated with operation of the reactor for an indeterminate period of time beginning at a point after the last full fuel inspection in 2006 up until October 15, 2010, when the facility ceased reactor operation, with a number of fuel elements with varying degrees of cracking in the aluminum cladding.

NRC basically said they don't know when the violation occurred, but it was mentioned to the NRC during this inspection which was before the 2006 time period. Had the NRC issued us a violation in 2005, we would have corrected it and our fuel core would be different today than it is.

5. Unresolved Scrams corrected using an ORFS.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 91 of202

6. Operator Requalification Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated "Preplanned lectures will be given a minimum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial written examination or annual operating test must be tutored to bring their performance up to a minimum of 70%." Training was only done if test scores were below 70%.

7. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 72.00 Amount: $19,686.00

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 92 of 202 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of Octoher 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Com.mission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 93 of 202 Invoice Number: LB 13-1394 Date: 1/3/13 Amount: $6,198.36 Billing Period: 10/1/12-9/30/12 Billing for: PM/SRI Holll'S: 18.17 Amount: $6,198.36 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the

- heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 94 of 202 shall be as uniform as practicable. Each charge shall be--." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 95 of 202 Invoice Number: LFB 13-2104 Date: 1/24/13 Amount: $155,084.00 Billing Period: 9/23/12-12/29/12 Billing for: ME8044/Aerotest Safety Review Project Management Hours: 150.0 Amount: $40,278.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Opera!ions Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 96 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: ME8811 -Indirect Transfer Hours: 237.50 Amount: $65,897.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

a We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount ofregulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. Toe Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 97 of202 sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: Inspection 2012206/5000028 Adams: ML1236A147 Hours: 48.0 Amount: $13,152.00 Reason for requested refund:

Inspection Dates: 12/10/12-12/13/12 Non-Routine Inspector: Craig Bassett Fuel Handling Containerization

1. This inspection was necessary because back in 2005 inspection Aerotest was not written up on Stuck Elements as a violation of TS 10.2 Had the NRC acted appropriately in 2005, Aerotest would have corrected the violation and this would not have been necessary.

2. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

3. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

4. Fuel Handling - Deformed and Stuck Element which should have been written up as a violation because it did not meet our TS 10.2. But this was not written up until December 18, 2013, ML13212A051.

Letter disclosed: As discussed, the violation is associated with operation of the reactor for an indeterminate period of time beginning at a point after the last full fuel inspection in 2006 up until October 15, 2010, when the facility ceased reactor operation, with a number of fuel elements with varying degrees of cracking in the aluminum cladding.

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 98 of202 NRC basically said they don't know when the violation occurred, but it was mentioned to the NRC during this inspection which was before the 2006 time period. Had the NRC issued us a violation in 2005, we would have corrected it and our fuel core would be different today than it is.

5. Unresolved Scrams corrected using an ORFS.

6. Operator Requalification Program Revised July 13, 2000 and Approved by NRC was not in compliance 10 CFR 55.59(c)2. "Lectures. The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:" Our ORP stated "Preplanned lectures will be given a minimum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months per month on a continuous basis in areas where operator and senior operator written exams and facility operating experience indicate a deficient knowledge in the subject matter. Individuals who score less than 70% in any category on the biennial written examination or annual operating test must be tutored to bring their performance up to a minimum of70%." Training was only done if test scores were below 70%.

7. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 99 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 130.50 Amount: $35,757.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will pennit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 100 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 101 of202 Invoice Number: LFB 13-3475 Date: 4/18/13 Amount: $99,325.00 Billing Period: 9/23/12-12/29/12 Billing for: ME8044/Aerotest Safety Review Project Management Hours: 119.0 Amount: $32,606.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.1 1/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 102 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: ME8811 -Indirect Transfer Hours: 122.50 Amount: $33,565.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are ~king for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified

, in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such mioim11m amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 103 of 202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 121.0 Amount: $33,154.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

I. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 104 of 202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 105 of 202 Invoice Number: LFB 13-4982 Date: 7/25/13 Amount: $72,610.00 Billing Period: 3/24/13-6/29/13 Billing for: ME8044/Aerotest Safety Review Project Management Hours: 90 Amount: $24,660.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

4. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 106 of 202 heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: ME8811 - Indirect Transfer Hours: 73 .25 Amount: $20,070.50 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because ofNRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are ofno value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 107 of 202 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 101.75 Amount: $27,879.50 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

- conduct of research and development activities of the types specified in section

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 108 of 202 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 109 of 202 Invoice Number: LFB 13-5685 Date: 8/30/13 Amount: $81,600.00 Billing Period: 10/01/12-9/30/13 Billing/or: Annual Fee Reason for requested refimd:

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, I Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 110 of202 Invoice Number: LFB 13-0431 Date: 10/24/13 Amount: $67,804.00 Billing Period: 6/30/13-9/21/13 Billing for: ME8044/Aerotest Safety Review Project Management Hours: 104 Amount: $28,452.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 111 of202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: ME8811-lndirect Transfer Hours: 82.5 Amount: $16,440.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CPR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [arid which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 112 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 78.75 Amount: $21,552.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utiliz.ation and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 113 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 970 l ,b,2 D "other relevant facts" Billing for: MEI 596 Streamline LR Safety Review Hours: 5.0 Amount: $1,360.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 114 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 115 of 202 Invoice Number: LFB 14-1729 Date: 1/24/14 Amount: $3,633.95 Billing Period: 9/22/13-12/28/13 Billing for: ME8044/Aerotest Safety Review Project Management Hours: 8.0 Amount: $2,176.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 116 of202 service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 5.36 Amount: $1,457.95 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 117 of202 education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 118 of 202 Invoice Number: LFB 14-3186 Date: 4/18/14 Amount: $8,296.00 Billing Period: 12/29/13-3/22/14 Billing for: PM/SRI Hours: 30.50 Amount: 8,296.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 119 of202 heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 120 of 202 Invoice Number: LFB 14-4470 Date: 8/4/14 Amount: $57,908.80 Billing Period: 03/23/14-06/28/l 4 Billing/or: ME8811-Indirect Transfer Hours: 159.25 Amount: $43,316.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 121 of202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Bllling for: PM/SRI Hours: 53.65 Amount: $14,592.80 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

- a Ifit was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section

- 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 122 of 202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and sfiall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, I Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 123 of 202 Invoice Number: LFB 14-5192 Date: 8/29/14 Amount: $84,500.00 Billing Period: 10/1/13-9/30/14 Billing for: Annual Fee Reason for requested refund:

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be- ." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 124 of 202 Invoice Number: LFB 15-0435 Date: 8/10/14 Amount: $75,427.05 Billing Period: 6/29/14-9/20/14 Billingfor: ME8811-lndirect Transfer Hours: 244.25 Amount: $66,439.50 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are ofno value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the co~duct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 125 of 202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "Theheadofeachagency(exceptamixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 33.0 Amount: $8,987.55 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

- Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 126 of 202 ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 127 of202 Invoice Number: LFB 15-1892 Date: 1/23/15 Amount: $25,458.75 Billing Period: 9/21/14-12/27/14 Billing/or: Inspection 2014201/05000228 Adams #:ML14351A262 Hours: 64 Amount: $17,856.00 Reason for requested refund:

Inspection Dates: l l/17/14-11/19/14 Inspectors: Craig Bassett and Kevin Hsueh

1. Per inspection report: Operator requali:fication was being conducted and completed as required by the Operator Requali:fication Program. One violation was noted for failure to have an operator with an active license complete a medical examination biennially as required.

However in ML18277A296 dated 10/15/18 stated: The NRC staff notes that the ORP does not appear to include the requirements of 10 CFR 55.53(e), 10 CFR 55.53(f), and 10 CFR 55.59(c)(6). Since the ARRR has not been routinely operated since October 2010, and was defueled in July 2012 (see ADAMS Accession No. ML18127B706), the NRC staff notes that none of Aerotest's licensed personnel currently hold an active status.

2. The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of ~ords and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

3. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

4. Unresolved Scrams corrected using an ORFS.

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 128 of 202 regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 27.25 mount: $7,602.75 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest? If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 129 of 202 regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 130 of 202 Invoice Number: Date: 9/23/15 Amount: $83,500.00 Billing/or: 2015 Annual Fee Reason for requested refund:

1. We cannot compete with the universities doing commercial Neutron Radiography when they are not paying NRC. So either they need to pay the NRC fees or we need to be exempt from the fees as we are both 104C license. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

2. We are a 104c license with both commercial business and research, education, and training. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 131 of 202 Invoice Number: LFB 16-5092 Date: 8/24/16 Amount: $81,500.00 Billing Period: 10/1/15-9/30/16 Billing/or: Annual Fee Reason for requested refund:

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 132 of 202 Invoice Number: LFB 16-3201 Date: 4/14/16 Amount: $20,381.58 Billing Period: 12/27/15-3/19/16 Billing for: No Detail with invoice Hours: Amount:

Reason for requested refund: Need detail of this invoice. Who and what was charged?

Billing for: Inspection 2015201/05000228 Adams# ML15273A428 Hours: Amount:

Reason for requested refund:

Inspection Dates: 8/17/15-8/19/15 Inspectors: Craig Bassett

1. Per inspection report: Operator requalification was being conducted and completed as required by the Operator Requalification Program. One violation was noted for failure to have an operator with an active license complete a medical examination biennially as required.

However in ML18277A296 dated 10/15/18 stated: The NRC staff notes that the ORP does not appear to include the requirements of 10 CFR 55.53(e), 10 CFR 55.53(+/-), and 10 CFR 55.59(c)(6). Since the ARRR has not been routinely operated since October 2010, and was defueled in July 2012 (see ADAMS Accession No. ML18127B706), the NRC staff notes that none of Aerotest's licensed personnel currently hold an active status.

2. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

3. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

4. Unresolved Scrams corrected using an ORFS.

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 133 of 202

a. Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 134 of 202 Invoice Number: LFB 16-4369 Date: 7/21/16 Amount: $30,680.64 Billing Period: 3/20/16-6/25/19 Billing for: MF6254 Proof of Financial Protection Hours: 108 Amount: $28,944.00 Question:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 135 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 6% Amount: $1,736.64 Questions:

1. Allocation based on what?

2. What benefit was it to Aerotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such miniro11Ill amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percenfof the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 136 of 202 Invoice Number: LFB 17-0428 Date: 10/14/16 Amount: $62,965.33 Billing Period: 3/20/16-6/25/19 BilIJngfor: MF6254 Proof of Financial Protection Hours: 39.25 Ammmt: $10,518.25 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 137 of 202 service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: MF7221 License Transfer Hours: 182.50 Amount: $48,883.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

3. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

4. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 138 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 6% Amount: $3,564.08 Questions:

1. Allocation based on what?

- 2. What benefit was it to Aerotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 139 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 140 of 202 Invoice Number: LFB 17-1666 Date: 1/19/17 Amount: $15,082.15 Billing Period: 3/20/16-6/25/19 Billing/or: MF6254 Proof of Financial Protection Hours: 2.75 Amount: $728.75 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such mioim11m amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 141 of 202 service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: MF7221 License Transfer Hours: 50.75 Amount: $13,448.75 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are ofno value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 970 l ,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will pennit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 142 of 202 conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 6% Amount: $850.65 Questions:

1. Allocation based on what?

- 2. What benefit was it to Aerotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 143 of 202 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 144 of202 Invoice Number: LFB 17-2988 Date: 4/13/17 Amount: $11,797.80 Billing Period: 12/25/16-3/18/17 Billing for: MF6254 Proof of Financial Protection Hours: 11.75 Amount: $3,113.75 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 145 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: MF7221 License Transfer Hours: 28.25 Amount: $7,486.25 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because ofNRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

Billing for: Safety Review Project Management Hours:2 Amount: $530.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

- a If it was direct what were they working on?

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 146 of 202 Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 6% Amount: $667.80 Questions:

1. Allocation based on what?

2. What benefit was it to Aerotest?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 147 of202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no conimercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amormt of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 148 of 202 Invoice Number: LFB 17-4184 Date: 7/20/17 Amount: $16,783.78 Billing Period: 3/19/17-6/24/17 Billing for: MF6254 Proof of Financial Protection Hours: 0.5 Amount: $132.50 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170 .11/1 71.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

Billing for: MF7221 License Transfer Hours: 27.25 Amount: $7,221.25 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 149 of202

4. License Transfer fees are ofno value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts" Billing/or: Safety Review Project Management Hours: 32 Amount: $8,480.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

- a. If it was direct what were they working on?

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 150 of202 Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 6% Amount: $950.03 Questions:

1. Allocation based on what?

2. What benefit was it to Aerotest?

Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 151 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 152 of 202 Invoice Number: LFB 17-5273 Date: 8/23/17 Amount: $81,400.00 Billing Period: 10/1/16-9/30/17 Billing for: Annual Fee Reason for requested refund:

1. Requested small business fee. Paid total fee in good faith never heard back on \

acceptance for small business fee of $800.00

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 153 of 202 Invoice Number: Date: Amount:

Billing for: Inspection 2017201/05000228 Adams# ML17181A298 Hours: Amount:

Reason for requested refund:

Inspection Dates: 6/19/17-6/21/17 Inspectors: Craig Bassett

1. Per inspection report: Operator requalification was being conducted and completed as required by the Operator Requalification Program. Medical examinations for each operator were being complete biennially as required.

However in ML18277A296 dated 10/15/18 stated: The NRC staff notes that the ORP does not appear to include the requirements of 10 CFR 55.53(e), 10 CFR 55.53(f), and 10 CFR 55.59(c)(6). Since the ARRR has not been routinely operated since October 2010, and was defueled in July 2012 (see ADAMS Accession No. ML18127B706), the NRC staff notes that none of Aerotest's licensed personnel currently hold an active status.

2. The licensee's TSs are riddled with antiquated language that are inconsistent with modern interpretation and NUREG 1537 guidan.ce. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

3. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

4. Unresolved Scrams corrected using an ORFS.

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 154 of 202 authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 155 of202 Invoice Number: LFB 18-0411 Date: 10/25/17 Amount: $10,662.54 Billing Period6/25/17-9/30/17 Billing for: MF6254 Proof of Financial Protection Hours: 13 Amount: $3,434.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 156 of202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Blllingfor: MF7221 License Transfer Hours: 21.75 Amount: $5,763.75 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because ofNRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 157 of202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: Safety Review Project Management Hours: 1.5 Amount: $397.50 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section

- 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 158 of 202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: MEI1596 LR Safety Review Process Hours: 1.75 A.mount: $463.75 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 159 of202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 6% Amount: $603.54 Questions:

1. Allocation based on what?

2. What benefit was it to Aerotest?

- Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 Page 160 of 202 ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, I Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for-2005-2020 Page 161 of202 Invoice Number: LFB 18-1468 Date: 1/23/18 Amount: $3,136.28 Billing Period: 10/1/17-12/23/17 Billing/or: L-2017-LLN-O0JJ License Transfer Hours: 2 Amount: $526.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to ful:fill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 162 of 202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2017-PMP-0014 NPUF Project Management Hours: 3 Amount: $789.00 Questions:

1. What is this for?

2. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

I. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

Billing/or: L-2017-PMP-0015 NPUF Licensing Activities Hours: 1.75 Amount: $460.25 Questions:

1. What is this for?

2. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

- Reason for requested refund:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 163 of 202

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minim11m amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2017-RNW-0027 License Renewal Hours: 4.5 Amount: $1,183.50 Reason for requested refund:

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on

- an institutional bias for Universities and not specific activities as described in the AEA.

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 164 of202 a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 6% Amount: $177.53 Questions:

1. Allocation based on what?

2. What benefit was it to Aerotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a N eima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utiliz.ation and production facilities useful in the conduct of research and development activities of the types specified

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 165 of 202 in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 166 of202 Invoice Number: LFB 18-3386 Date: 4/26/18 Amount: $27,529.53 Billing Period: 10/1/17-12/23/17 Billing/or: L-2017-LLN-0011 License Transfer Hours: -2 Amount: $-526.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are ofno value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 970 l ,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others,

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 167 of202 subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 970 l ,b,2 D "other relevant facts" Billing/or: L-2017-PMP-0014 NPUF Project Management Hours: 30.25 Amount: $7,955.75 Questions:

1. What is this for?

2. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of Octoher 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 168 of 202 the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2017-PMP-0015 NPUF Licensing Activities Hours: 3 Amount: $789.00 Questions:

1. What is this for?

2. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

- Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 169 of 202 of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-.." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" .

Billing for: L-2017-RNW-0027 License Renewal Hours: 67.50 Amount: $17,752.50

1. During the License Renewal and the Restart plan review, we found out that several procedures and TS, that the inspector said were incompliance for years were not incompliance. Fuel Inspection, TS 6.6, and Operator requalification plan to name a few.

2. Had the inspections shown the true operations of Aerotest, I would not have purchased the company and tried to do License Renewal

3. This whole process was an eye opener, and a true waste of our time and NRC time given the condition of the TS and procedures. TS were written in the 1960's and regulations and Aerotest core and operations changed to.

4. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 170 of 202 education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 6% Amount: $1,558.28 Questions:

1. Allocation based on what?

2. What benefit was it to Aerotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B '"the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 171 of 202

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 172 of202 Invoice Number: LFB 18-4924 Date: 7/19/18 Amount: $81,473.46 Billing Period: 10/1/17-12/23/17 Billing/or: L-2017-PMP-0014 NPUF Project Management Hours: 26.25 Amount: $6,903.75 Questions:

1. What is this for?

2. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of non.energy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 173 of 202 Billing/or: L-2018-LLL-0012 Review Startup plan Hours: 29 Amount: $7,627.00 Reason for requested refund:

1. During the Restart plan review, we found out that several produces and TS, that the inspector said were incompliance for years were not incompliance. Fuel Inspection, TS 6.6, and Operator requalification plan to name a few.

2. Had the inspections shown the true operations of Aerotest, I would not have purchased the company and tried to do a restart.

3. This whole process was an eye opener, and a true waste of our time and NRC time given the contention of the TS and procedures.

4. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 174 of202 Billing/or: L-2018-LLA-0096 TS 6.6 Hours: 22.25 Amount: $5,851.75 Reason for requested refund:

1. A simple change in TS6.6 to clarify the procedure used took the NRC 68 hours and

$18,091.00 before coming back and saying they need more information.

2. TS 6.6 was written in 1960's.

3. When the core was changed in the 1980's our ability to do TS6.6 was eliminated.

4. Procedures were written to avoid doing TS 6.6

5. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

6. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170 .11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utifuation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2017-RNW-0027 License Renewal Hours: 214.75 Amount: $56,479.25

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 175 of 202

1. During the License Renewal and the Restart plan review, we found out that several procedures and TS, that the inspector said were incompliance for years were not incompliance. Fuel Inspection, TS 6.6, and Operator requalification plan to name a few.

2. Had the inspections shown the true operations of Aerotest, I would not have purchased the company and tried to do License Renewal

3. This whole process was an eye opener, and a true waste of our time and NRC time given the condition of the TS and procedures. TS were written in the 1960's and regulations and Aerotest core and operations changed to.

4. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission fmds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: PM/SRI Hours: 6% Amount: $4,611.71

- Questions:

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 176 of202

1. Allocation based on what?

2. What benefit was it to Aerotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be- ." 31 USC 970 l ,b, 1 Fair 31 USC 970 l ,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 177 of 202 Invoice Number: LFB 18-5687 Date: 8/24/18 Amount: $850.00 Billing Period: 10/1/17-9/30/18 Billing/or: Annual Fee -Small Business Reason for requested refund:

1. Paid Small Business Fee.

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 178 of 202 Invoice Number: LFB 19-0384 Date: 10/25/18 Amount: $33,435.85 Billing Period: 6/24/18-9/29/18 Billing/or: L-2017-PMP-0014 NPUF Project Management Hours: 14 Amount: $3,724.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 179 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2018-LLA-0096 TS 6.6 Hours: 32 Amount: $8,458.00 Reason for requested refund:

1. Reason for requested refund: A simple change in TS6.6 to clarify the procedure used took the NRC 68 hours and $18,091.00 before coming back and saying they need more information.

2. TS 6.6 was written in 1960's.

3. When the core was changed in the 1980's our ability to do TS6.6 was eliminated.

4. Procedures were written to avoid doing TS 6.6

5. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

6. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 180 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing for: L-2017-RNW-0027 License Renewal Hours: 71.75 Amount: $19,086.25

1. During the License Renewal and the Restart plan review, we found out that several procedures and TS, that the inspector said were incompliance for years were not incompliance. Fuel Inspection, TS 6.6, and Operator requalification plan to name a few.

2. Had the inspections shown the true operations of Aerotest, I would not have purchased the company and tried to do License Renewal

3. This whole process was an eye opener, and a true waste of our time and NRC time given the condition of the TS and procedures. TS were written in the 1960's and regulations and Aerotest core and operations changed to.

3. Aerotest did not receive any benefit from this renewal. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

4. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utiliz.ation and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 181 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2017-PMP-0015 NPUF Licensing Activities Hours: 1 Amount: $275.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CPR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy s&vices, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 182 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: PM/SRI Hours: 6% Amount: $1,892.60 Questions:

1. Allocation based on what?

2. What benefit was it to Aerotest?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 183 of 202 Invoice Number: LFB 19-1696 Date: 1/16/19 Amount: $11,687.50 Billing Period: 9/30/18-12/22/18 Billing/or: L-2017-PMP-0014 NPUF Project Management Hours: 17.75 Amount: $4,881.25 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest? If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA

a. Neima - Chapter 10 Atomic licenses 104c The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 184 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing for: L-2018-LLA-0096 TS 6.6 Hours: 13.75 Amount: $3,781.25

1. Reason for requested refund: A simple change in TS6.6 to clarify the procedure used took the NRC 68 hours and $18,091.00 before coming back and saying they need more information.

2. TS 6.6 was written in 1960's.

3. When the core was changed in the 1980's our ability to do TS6.6 was eliminated.

4. Procedures were written to avoid doing TS 6.6

5. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

6. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by '!he heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 185 of 202 Billing/or: L-2017-RNW-0027 License Renewal Hours: 11.00 Amount: $3,025.00 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because ofNRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We. are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 9701,b,2,B

the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 186 of 202 education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020

.e Page 187 of 202 Invoice Number: LFB 19-3117 Date: 4/24/19 Amount: $3,781.25 Billing Period: 12/23/18-3/30/19 Billing/or: L-2017-PMP-0014 NPUF Project Management Hours: 7 Amount: $1,925.00 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA

3. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020

"' Page 188 of 202 education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2017-RNW-0027 License Renewal Hours: 3.50 Amount: $962.50 Reason for requested refund:

1. Although the NRC stated that Autoliv need to divest of Areotest Operations, Inc. because of foreign ownership, the NRC staff acted deliberately to stop the transfer, and push Aerotest into decommissioning. Because of NRC staff action, the time and cost of the transfer increased! It took 7 years and litigation for the transfer to happen. We are asking for the Licensing transfer costs to be refund by NRC staff deliberately ran up the costs.

2. Chilling Effect caused and sustained by NRC staff. It was believed by the licensee especially the licensed reactor operators that the actions of NRC staff were punitive and purposefully trying to force the facility into closure.

3. I relied on the NRC Inspection reports to do my due diligence when purchasing Aerotest.

When I arrived operations did not reflex the actual operation here. As sited in this document, inspection reports showed a company that was incompliance with regulations and TS. However while trying to do the restart, the NRC said that we were out of compliance with regulations.

4. License Transfer fees are of no value or benefit to Aerotest, given the condition of the company's TS and Procedures. Many of them had not been changed since the 1960's.

They were old, out of date and not incompliance with the regulations. 31 USC 970 l ,b,2,B "the value of the service or thing to the recipient;"

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 189 of 202 fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2017-PMP-0015 Licensing Activity Hours: 3.25 Amount: $893.75 Questions:

1. What is this for?

2. Who charged this time?

3. Was it an allocation or was it time spent on directly on Areotest?

a. If it was direct what were they working on?

Reason for requested refund:

1. Unknown Activity. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utili.z.ation and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of

- regulation of the licensee as the Commission finds will permit the Commission to

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 190 of 202 fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy. *

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 191 of 202 Invoice Number: LFB 19-4096 Date: 7/19/19 Amount: $2,887.50 Billing Period: 12/23/18-3/30/19 Billing for: L-2019-LLA-065 Possession Only LAR Hours: 10.50 Amount: $2,887.50 Reason for requested refund:

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CPR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 192 of 202 Invoice Number: LFB 19-4890 Date: 9/17/20 Amount: $900.00 Billing Period:

Billing/or: Annual Fee Hours: Amount: 900.00 Reason for requested refund:

1. Paid Small Business Fee.

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

c. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utiliz.ation facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

d. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 193 of 202 Invoice Number: LFB 20-0434 Date: 10/23/19 Amount: $15,883.25 Billing Period: 12/23/18-3/30/19 Billing for: L-2019-LLA-065 Possession Only LAR Hours: 57.25 Amount: $15,883.25 Questions:

1. What did Geoffrey Wentz work on for 51 hours5.902778e-4 days 0.0142 hours 8.43254e-5 weeks 1.94055e-5 months for a total Cost of $14,148.00?

2. He didn't seem to have knowledge of Aerotest operations or historical documents when he came out to do the audit.

Reason for requested refund:

1. Based on information he said at the audit in December it looked like he was redoing work that had already been done by the inspector.

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 194 of 202 shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 195 of 202 Invoice Number: LFB 20-1849 Date: 1/15/20 Amount: $24,047.00 Billing Period:

Billing/or: L-2019-LLA-065 Possession Only LAR Hours: 57.25 Amount: $24,047.00 Paid Amout:1,251.00 Reason for requested refund of

1. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income.* These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales ofnonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be- ." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

2. 31 USC 9701,b,2,B "the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 196 of 202 Disputed Amout:22,796.00 Reason for Disputed/unpaid amount:

1. Duplicate work previously paid $58.524.00. 31 USC 9701,b,2,B the value of the service or thing to the recipient;"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 Page 197 of 202 Invoice Number: LFB 20-3811 Date: 4/21/20 Amount: $23,726.25 Billing Period:

Billing for: L-2019-LLA-065 Possession Only LAR Hours: 85.25 Amount: $23,726.25 Reason for requested refund of I. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 198 of 202 Invoice Number: LFB 20-4504 Date: 9/17/20 Amount: $900.00 Billing Period:

Billing/or: Annual Fee Hours: Amount: 900.00 Reason for requested refund:

1. Paid Small Business Fee.

2. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

e. Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

f. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts"

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 4t Page 199 of 202 Invoice Number: LFB 21-0354 Date: 10/21/20 Amount: $42,717.00 Billing Period:

Billing/or: L-2019-LLA-065 Possession Only I.AR Hours: 68.50 Amount: $19,071.00 Reason for requested refund of

1. We are a 104c license with no commercial business (as of Octoher 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The bead of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts" Billing/or: I-2020-201-055 Inspection Hours: 83.00 Amount: $23.090.00

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 200 of 202

1. The licensee's TSs are riddled with antiquated language that are inconsistent with modem interpretation and NUREG 1537 guidance. The document was written in 1965 and the current interpretation of words and phrases by the NRC staff support the failure of licensee and NRC staff in conducting meaningful reviews during inspections and audits.

Unfortunately, there are two ways to interpret the document, literally or figuratively. (It is unreasonable to select passages to interpret literally and others fugitively.) If you take them literally we've been out of compliance for nearly all of the 55 years of operations.

2. 10 CFR 50.59 evaluation and inspection findings for control console maintenance and facility changes.

3. Unresolved Scrams corrected using an ORFS.

4. Unfortunately given the age of the document and lack of past critical reviews by the licensee and NRC staff, the document has become antiquated and was allowed to be loosely interpreted but not updated to provide more accurate specifications. The literal reading of qualification for the RSO, RS by the licensee and NRC staff have been ignored from the inception of the 1965 license. RSOs and RSs 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 and RS qualification TS 12.1.4. They possessed equivalent or better academic and experience credentials.

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 of2 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 RS Os technical capabilities, all the personnel listed were technically qualified to perform the RSO duties.)

Hugo Simen's ** BS Criminalistics 1965-1970 Ivan Lamb BS Physics 1970-1975 Ray Tsukimura BS Infor. 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)

Aerotest Operations Inc.

Supporting Documentation of NRC Refund Request for 2005-2020 e Page 201 of 202 If compared 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.

5. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.] . The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency ( except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair 31 USC 9701,b,2 D "other relevant facts" Billing/or: L-2019 PMP-0107 Project Management

Aerotest Operations Inc.

Supporting Documentation ofNRC Refund Request for 2005-2020 e Page 202 of 202 Hours: 68.50 Amount: $556.00 Reason for requested refund of I. We are a 104c license with no commercial business (as of October 2010 the reactor was shut down) which left us with only research, education, and training income. These activities are allowed by the AEA to be exempt from the costs of the NRC. Exemptions in 10 CFR 170.11/171.11 guidance are more restrictive and discriminatory in it focus on an institutional bias for Universities and not specific activities as described in the AEA.

a Neima - Chapter 10 Atomic licenses 104c "The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 [and which are not facilities of the type specified in subsection 104 b.]. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

b. 31 USC 9701 b, "The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be-." 31 USC 9701,b, 1 Fair" 31 USC 9701,b,2 D "other relevant facts"

ML20325A176

Text

Dear Ms. Johnson,

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