ML21034A626

Request for Additional Information Possession-Only License Amendment Request for the Aerotest Radiography and Research Reactor Facility Operating License No. R-098

ML21034A626
Person / Time
Site:	Aerotest
Issue date:	03/12/2021
From:	Geoffrey Wertz NRC/NRR/DANU/UNPO
To:	Slaughter D Aerotest
Wertz G
References
EPID L-2019-LLA-0065
Download: ML21034A626 (9)

Text

March 12, 2021 Dr. David M. Slaughter, President and Reactor Administrator Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583

SUBJECT:

AEROTEST OPERATIONS, INC. - REQUEST FOR ADDITIONAL INFORMATION RE: POSSESSION-ONLY LICENSE AMENDMENT REQUEST TO USE CERTIFIED FUEL HANDLERS FOR THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR FACILITY OPERATING LICENSE NO. R-98 (EPID NO. L-2019-LLA-0065)

Dear Dr. Slaughter:

By letter dated March 21, 2019 (Agencywide Documents Access and Management System Accession No. ML19084A051), as supplemented, Aerotest Operations, Inc. (the licensee) submitted a license amendment request (LAR) to modify Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor (ARRR) to a possession-only license in support of the licensees decision to permanently cease operation of the ARRR. Within the LAR, the licensee requested to incorporate the use of certified fuel handlers in lieu of U.S.

Nuclear Regulatory Commission (NRC)-licensed senior reactor operators and reactor operators.

The NRC staff identified additional information needed to continue its review of the LAR, as described in the enclosed request for additional information (RAI). As discussed by telephone call with you conducted on February 3, 2021, provide a response to the RAI or a written request for additional time to respond, including the proposed response date and a brief description of the reason, by 30 days from the date of this letter. Following receipt of the complete response to the RAI, the NRC staff will continue its review of the LAR.

The response to the RAI must be submitted in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.4, Written communications, and, pursuant to 10 CFR 50.30(b), Oath or affirmation, be executed in a signed original document under oath or affirmation. Information included in the response that you consider sensitive or proprietary, and seek to have withheld from public disclosure, must be marked in accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding. Any information related to safeguards should be submitted in accordance with 10 CFR 73.21, Protection of Safeguards Information:

Performance Requirements.

D. Slaughter If you have any questions regarding the NRC staffs review or if you intend to request additional time to respond, please contact me at 301-415-0893, or by electronic mail at Geoffrey.Wertz@nrc.gov.

Sincerely, Geoffrey Digitally signed Wertz by Geoffrey Wertz Geoffrey A. Wertz, Project Manager Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98

Enclosure:

As stated cc:

California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814 Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research and Training Reactor Newsletter Attention: Ms. Amber Johnson Dept. of Materials Science and Engineering University of Maryland 4418 Stadium Drive College Park, MD 20742-2115

ML21034A626 NRR-088 OFFICE NRR/DANU/UNPL/PM NRR/DANU/UNPL/LA OGC/NLO NAME GWertz NParker JWachutka DATE 2/4/2021 2/5/2021 2/16/2021 OFFICE NRR/DANU/UNPO/BC NRR/DANU/UNPL/ABC NRR/DANU/UNPL/PM NAME TTate DHardesty GWertz DATE 3/12/2021 3/12/2021 3/12/2021 OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR ADDITIONAL INFORMATION REGARDING AMENDMENT FOR A POSSESSION-ONLY LICENSE FACILITY OPERATING LICENSE NO. R-98 AEROTEST OPERATIONS, INC.

AEROTEST RADIOGRAPHY AND RESEARCH REACTOR DOCKET NO. 50-228 The U.S. Nuclear Regulatory Commission (NRC) staff is continuing its review of the Aerotest Operations, Inc. (Aerotest, the licensee) license amendment request (LAR), provided by letter dated March 21, 2019 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML19084A051), as supplemented, to modify Facility Operating License No. R-98 and its supporting technical specifications to a possession-only license in support of the licensees decision to permanently cease operation of the Aerotest Radiography and Research Reactor (ARRR).

Within the LAR, the licensee requested to replace the ARRRs NRC-licensed senior reactor operators and reactor operators with certified fuel handlers (CFHs) and replace the ARRRs Operator Requalification Program with a CFH Training and Requalification Program (CFHTRP).

Given that there are no specific regulations or NRC guidance (or any NRC-endorsed industry standards) for the use of CFHs and CFHTRPs at non-power reactors in decommissioning, the NRC staff conducted its review of Aerotests request using the following broad-scope objectives, which are similar to those that have been used in evaluating such requests for nuclear power reactor licensees:1 (1) Ensuring that trained individuals have requisite knowledge and experience in spent fuel handling and storage.

(2) Ensuring that trained individuals have requisite knowledge and experience in reactor decommissioning.

(3) Ensuring that trained individuals are capable of evaluating plant conditions and exercising prudent judgement for emergency action decisions.

As part of this review, the NRC staff requested additional information by letter dated July 27, 2020 (ADAMS Accession No. ML20177A203). The licensee responded by letter dated August 28, 2020 (ADAMS Accession No. ML20248H460). In order to complete its review, the NRC staff has developed the below follow-up request for additional information (RAI). Provide information in response to the following requests or justify why no additional information is required.

1 See, for example, letter from the NRC to NextEra Energy Duane Arnold, LLC, Duane Arnold Energy Center - Approval of a Certified Fuel Handler Training and Continuing Training Program, dated August 28, 2019 (ADAMS Accession No. ML19204A287) (approving a proposed CFHTRP submitted by letter dated January 29, 2019, as supplemented by letter dated May 30, 2019 (ADAMS Accession Nos.

ML19037A016 and ML19150A296, respectively)).

Enclosure

RAIs

1. The ARRR CFHTRP, Section 1.2 states:

The CFH training/requalification program requires approval by the Nuclear Regulatory Commission. The CFH training/requalification program is to be reviewed periodically by the Reactor Safeguards Committees and any substantial changes to CFH training/requalification program shall be approved by the NRC.

Minor and clarification changes to the program shall require Reactor Safeguards Committee approval only.

The NRC staff is not clear as to the meaning of the term periodically. Define the term periodically to specify a frequency or exact timeframe (e.g., at the end of each biennial training cycle).

The NRC staff is not clear as to exactly which changes to the CFHTRP would require prior NRC approval. Explain in more detail the changes to the CFHTRP that would require prior NRC approval and then explain the changes to the CFHTRP that would not require prior NRC approval (or state that all other changes would not require prior NRC approval).

Section 3.6 of the NRC-approved Duane Arnold Energy Center (DAEC) CFHTRP, available at ADAMS Accession No. ML19037A016, provides one example of such an explanation applicable to a power reactor CFHTRP.

Provide a revision to the ARRR CFHTRP, as necessary, to address the above.

2. The ARRR CFHTRP, Section 1.3 states, in part:

After Initial CFH training, a reoccurring qualification program shall be conducted biannually not to exceed 26 months.

The ARRR CFHTRP, Sectin 5 states, in part:

All certified fuel handlers will participate in the biannual retraining program.

Certified Fuel Handlers (CFH) will spend a minimum of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> biannual on preplanned lectures and/or self-study.

The ARRR CFHTRP, Section 8 states, in part:

A summary document (log) will be maintained for each CFH that includes entries to support the CFH active duty status, attendance dates for biannual lectures, and references for any on-the-job training activities.

The NRC staff is not clear if biannual is the intended frequency for these provisions.

Biannual is defined as occurring twice per year; whereas, biennial is defined as occurring once every two years. Further, although only applicable to NRC-licensed operators and not to CFHs, the NRC staff notes that the regulations in Title 10 of the Code of Federal Regulations (10 CFR) 55.59, Requalification, paragraph (a)(1), and the guidance in American National Standards Institute/American Nuclear Society (ANSI/ANS)-15.4-2016, Selection and Training of Personnel for Research Reactors, Section 6.2, Requalification program, are informative.

Specifically, 10 CFR 55.59(a)(1) states:

Successfully complete a requalification program developed by the facility licensee that has been approved by the Commission. This program shall be conducted for a continuous period not to exceed 24 months in duration.

ANSI/ANS-15.4-2016, Section 6.2 states, in part:

The requalification program shall be conducted over a period not to exceed 24 months, to be followed by successive 24-month programs.

Indicate whether biannual (i.e., twice per year) or biennial (i.e., once every two years) is the intended frequency. If biennial is the intended frequency, explain why CFHTRP, Section 1.3 states not to exceed 26 months as opposed to not to exceed 24 months.

Provide a revision to the ARRR CFHTRP, as necessary, to address the above.

3. The ARRR CFHTRP, Section 2 states, in part:

Classroom education in the nuclear and radiation related fields of study may be considered in lieu of the experience requirement. Manual dexterity and mature judgment are required.

The NRC staff is not clear as to the meaning of the term classroom education. The NRC staff notes that ANSI/ANS-15.4-2016, Section 2.2, Definitions, uses the term academic training, which it defines as, successfully completed job-related college-level work.

The NRC staff is not clear how the requirement for manual dexterity and mature judgment would be implemented. The NRC staff notes that ANSI/ANS-15.4-2016, Section 6.3, Evaluation and retraining, item (5) states, in part, that [a]n evaluation of the operating performance of licensed individuals shall be documented. The operational evaluation provides a measure of the knowledge, competence, and dexterity to operate the reactor and to take proper action in response to situations that may arise.

The NRC staff notes that, although required for CFH Supervisor and CFH, mature judgment is not required for President. Indicate if the President position requires mature judgement, or justify why no change is needed.

Provide a revision to the ARRR CFHTRP, as necessary, to address the above.

4. The ARRR CFHTRP, Section 3.2 states:

CFH - The certified fuel handler is intended to be the licensee representative who is present to ensure the safe handling, maintenance and storage of spent fuel.

Making sure fuel handing procedures are followed when performing periodic fuel inspections or putting the spent fuel in transportation caskets for fuel shipment from facility.

The NRC staff notes that, although applicable only to a nuclear power reactor facility, the regulation in 10 CFR 50.2, Definitions, provides a definition of a CFH as a non-licensed operator who has qualified in accordance with a fuel handler training program approved by

the NRC. The NRC staff finds that this definition would be acceptable for use in the proposed ARRR CFHTRP.

Provide a revision to the ARRR CFHTRP, as necessary, to address the above.

5. The ARRR CFHTRP, Section 3.4 states:

Reactor Safety Committee - Designated member of committee will oversee presidents CFH training, testing and evaluate/scores on his Written Test and Job Performance Measures.

The NRC staff notes that this language does not preclude the president, who may be a member of the reactor safety committee, from being the member of the committee designated to oversee the presidents CFH training, testing, and evaluating. Provide a revision to the ARRR CFHTRP to preclude this situation.

6. The ARRR CFHTRP, Section 5 states, in part:

The training plan will be developed utilizing the systematic approach to training (SAT).

The NRC staff notes that the regulations in 10 CFR 55.4, Definitions, define Systems approach to training as meaning a training program that includes the following five elements:

1) Systematic analysis of the jobs to be performed.

2) Learning objectives derived from the analysis which describe desired performance after training.

3) Training design and implementation based on the learning objectives.

4) Evaluation of trainee mastery of the objectives during training.

5) Evaluation and revision of the training based on the performance of trained personnel in the job setting.

The NRC staff also notes that, although applicable only to a nuclear power reactor facility, the regulation in 10 CFR 50.120, Training and qualification of nuclear power plant personnel, states that a training program for a non-licensed operator must be derived from a SAT.

Although the ARRR CFHTRP uses the term SAT, it does not define SAT. Additionally, besides the reference to a SAT in its section on retraining, the ARRR CFHTRP does not make clear that a SAT process will be applied to the other aspects of the CFHTRP. Revise the ARRR CFHTRP to include a definition of SAT and to explain how a SAT process will be applied to the CFHTRP.

7. The ARRR CFHTRP, Section 6.1 states:

To maintain active status, each CFH shall actively perform 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> per year of CFH activities.

The NRC staff notes that, although there are no regulations applicable to the number of hours required per year for a CFH to maintain active status, the regulations in 10 CFR 55.53, Conditions of licenses, paragraph (e) state, in part:

For test and research reactors, the licensee shall actively perform the functions of an operator or senior operator for a minimum of four hours per calendar quarter.

The NRC staff also notes that the DAEC CFHTRP, as an example, states that a CFH must stand the designated CFH watch for a minimum of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> per calendar quarter to maintain the CFH qualification. The DAEC CFHTRP also explains that a CFH who fails to meet this time requirement can regain qualified status by serving 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> of watch under the instruction of a qualified CFH and that the time under instruction should include a review of the relevant systems and shift turnover procedures.

The NRC staff is not clear as to the rationale for applying the 10-hour requirement across an entire year. The NRC staff is concerned that this could allow a CFH to remain active even if the CFH were to perform 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> of CFH activities in the first month of the year and then no CFH activities for the remainder of the year. The NRC staff notes that this could be addressed by dividing the 10-hour per year requirement into a 2.5 hour5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per calendar quarter requirement.

The NRC staff is not clear as to what happens if a CFH fails to meet the time requirement or how the CFH can regain qualified status.

Provide a revision to the ARRR CFHTRP, as necessary, to address the above.

8. The ARRR CFHTRP, Section 7 states:

If required, a medical examination shall be required for the confirmation of the general physical health of the CFH.

The NRC staff notes that the regulations in 10 CFR 55.21, Medical examination, state:

An applicant for a license shall have a medical examination by a physician. A licensee shall have a medical examination by a physician every two years. The physician shall determine that the applicant or licensee meets the requirements of § CFR 55.33(a)(1).

The regulations in 10 CFR 55.33, Disposition of an initial application, paragraph (a)(1),

Health, state:

The applicants medical condition and general health will not adversely affect the performance of assigned operator job duties or cause operational errors endangering public health and safety. The Commission will base its finding upon the certification by the facility licensee as detailed in § 55.23.

The NRC staff also notes that the DAEC CFHTRP, as an example, states that, to be qualified to be a CFH, a candidate must pass a medical examination by a physician to determine that the candidates medical condition is not such that it might cause operational errors that could endanger other plant personnel or the public health and safety, and that to maintain the CFH qualification, the CFH must pass a biennial medical examination by a physician to determine that the CFHs medical condition is not such that it might cause operational errors that could endanger other plant personnel or the public health and safety.

The NRC staff is not clear as to what the ARRR CFHTRP means by if required with respect to medical examinations of CFHs. Further, the NRC staff is not clear as to why a medical examination is not part of the ARRR CFHTRP initial qualifications and maintenance of active status. The NRC staff notes that a medical examination by a physician may be appropriate to help Aerotest staff determine whether a candidate CFH or qualified CFH has a medical condition that might cause operational errors that could endanger other plant personnel or the public health and safety.

Provide a revision to the ARRR CFHTRP, as necessary, to address the above.