ML21209A519
| ML21209A519 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 07/20/2021 |
| From: | Slaughter D Aerotest |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML21209A519 (5) | |
Text
AEROTEST OPERATIONS, INC.
3455 FOSTORIA WAY* SAN RAMON , CA 94583 * (925) 866-1212
- FAX (925) 866-1716 July 20, 2021 AEROTEST RADIOGRAPHY AND RESEARCH REACTOR DOCKET NO. 50-228/LICENSE NO. R-98.
ATTENTION: Document Control Desk U.S. Nuclear Regulatory Commission White Flint North 11555 Rockville Pike Rockville, MD 20852-2738
Subject:
Response to NRC Letter date July 12, 2021 (ML21188A391)
Ladies and Gentlemen:
The July 12, 2021 , letter (ML21188A391) received from the NRC staff contains information that is not consistent with my understanding of the circumstances surrounding the delayed completion of the LAR; the description in NRC ' s communication provided is misleading at best.
The NRC staff performance is substandard in attempting to complete the LAR process which amends an operating Part 50 license to possession only status. It is not clear if NRC staff lack the ability and/or concern that resulted in missing their regulatory obligation. Based on a simple review of our NRC bills, there have been about 500 person-hours charged to the LAR at a cost of
$138,000.
In addition, the NRC concurrence review process often delays the timely feedback and, from my perspective, adds little value. The concurrence process usurps the authority of the NRC staff closest to the circumstances resulting in a weakened interaction between NRC Staff and ARRR licensee.
I have attached two tables. The tables summarize information concerning the communications sent/received by Aerotest and the NRC staff. I have grouped the communications under common subjects: Table 1. ARRR Part 50 license amendment review (LAR document) , and Table 2. Aerotest Certified Fuel Handler (CFH document part of LAR). The number of days for response (the last column of the tables (yellow shaded represents Aerotest data and the white represents NRC Staff data) For the LAR, the NRC average response was 103 days while Aerotest had a 27-day average response turnaround time. Examining the response time associated with the CFH program, a greater discrepancy exists between the licensee and NRC Staffresponses. The average NRC staffresponse time is 345 days compared to the 26-day
average associated with Aerotest. (The actual response time for each document is provided in the tables.) It is my belief that only a small number of the Staff RAis and Aerotest responses are misinterpreted thus not contributing significantly to the delays.
The NRC Staff citing the Aerotest's June 22, 2021 , communication is misleading given it was a response to a draft RAis provided by NRC Staff. As of this writing, Aerotest have not received the official NRC correspondence; that makes 38 days and counting. NRC staff letter seems to suggest that the lateness of the Aerotest response, in part, justifies the delay in completing the review. The information presented in the tables suggest that the NRC staff struggle to complete their tasks in a timely way.
The NRC Staff in the July 12, 2021, letter encourages the Aerotest to contact the NRC staff prior to submission suggesting it would make the process more efficient. Pre submission meetings, which usually included 3 NRC staff, were done earlier in the LAR process but I found that the staff had limited authority to provide concise advice or instruction. At times, when the NRC staff and Aerotest agreed upon a response, Aerotest would have to revisit the subject when the action was questioned or overturned in a follow up RAI. The only benefit is to the NRC with the additional cost of the other silent participants being charged to Aerotest. The needless financial charges compound the frustration knowing whatever is decided or acted upon in these pre submission meetings can be overturned by inhouse NRC Staff meetings and the concurrence process.
The NRC staff is proposing 2.5 years (30-months) to complete a task that should have been completed in much less time (and cost) than the 24 months deemed by regulation. In my opinion, that the NRC July 12, 2021 , communication is more of a legal excuse to avoid scrutiny by the NRC Commission and the Congressional oversite committees.
Should you have any questions or require additional information regarding this submission, please contact AO President David M. Slaughter, Ph.D. at (801) 631 5919 or dmsraven@gmail.com.
I declare under penalty of perjury that the statements above are correct and truthful.
Sincerely yours, David M. laughter, Ph.D.
President, Reactor Administrator, Manager Aerotest Operations, Inc.
Cc US NRC OIG, Denise Hannigan (Emailed)
US NRC, Edward Helvenston (Emailed)
Table 1 ARRR Part 50 License Review (LAR)
Page lof 2 Days Document Title Accession Number Date Added Document Date Who Sent What between Possision Only LAR 04/02/2019 License and TS Aerotest Operations, Inc. - License and TS Amendments. ML19084A051 08:31 AM EDT 3/21/2019 Aerotest submitted n/a Aerotest Operations, Inc. - Supplemental Information Needed for Acceptance of Requested Licensing Application Re : License Amendment Request to Prepare for Fuel Storage and Decommissioning Activities for the Aerotest Radiography and 06/06/2019 Request for Research Reactor. ML19108A478 09 :25 AM EDT 5/29/2019 NRC Supplemental Info 69 .00 Possision Only LAR 07/12/2019 License and TS Aerotest Operations, Inc. - License and TS Amendments ML19184A112 09:23 AM EDT 6/28/2019 Aerotest submitted 30.00 Aerotest Operations, Inc. - Acceptance Review and Milestone Date for Completion of the Review of License Amendment Request Related to Permanent Cessation of Operation of the Aerotest Radiography and Research Reactor, Facility Operating 08/07/2019 Acceptance of License No. R-98 ML19193A077 08:32 AM EDT 7/30/2019 NRC Possision only LAR 32.00 Aerotest Operations, Inc. - Supplemental to License and TS 08/27/2019 License and TS Amendments. ML19231A127 08 :35 AM EDT 8/14/2019 Aerotest Amendment 15.00 Aerotest Operations, Inc. - Regu latory Audit Re : License Amendment Request for Possession Only Status of the Aerotest Radiography and Research Reactor(EPID L-2019-LLA- 11/04/2019 0065) ML19255F932 01 :12 PM EST 10/31/2019 NRC Audit Request Aerotest Operations, Inc. - Report On The Regulatory Audit Conducted December 11, 2019 Re: License Amendment Request For Possession Only Status Of The Aerotest 02/05/2020 Radiography And Research Reactor (EPID No. L-2019-LLA-0065) ML20017A278 08 :35 AM EST 2/3/2020 NRC Audit Report 95 .00 Aerotest Operations, Inc., ML20017A278; Audit Report December 11, 2019 Regarding the License Amendment for a 02/26/2020 Possession-Only Facility License ML20049A040 08 :30 AM EST 2/12/2020 Aerotest Audit Reponse 9.00
Table 1 ARRR Part 50 License Review (LAR) Page 2of 2 Days Document Ti tl e Accession Number Date Added Document Dat e Who Sent What between Aerotest Operations, Inc. - Request For Additi onal Information Re : Amendment Request For Possession Only License For The Aerotest Radi ography And Research Reactor Operating License 02/18/2020 No. R-98 (EP ID NO. L-2019-LLA-0065 ) M L20034G445 08:39 AM EST 2/13/ 2020 NRC RAI 183.00 Aerotest Operations, Inc. Aerotest Radiogra phy and Research Reactor, Resp onse to NRC staff Req uest for Additional 04/17/2020 Information (redacted version) March 26, 2020 M L20098 D415 08:32 AM EDT 3/26/2020 Aerotest RAI Response 42 .00 Aerotest Operations, Inc. - Request for Clarification Re: Amend ML20112F489 05/11/2020 08:5 4/30/2020 NRC RAI 35.00 Aerotest Operations, Inc. - Response to NRC Request for Clarification RE : Amendment Request for Possession Only License for the Aerotest Radiograp hy and Research Reactor 07/06/2020 Faci lity Operating License No. R-98 (EPID No. L-2019-LLA-0065) M L20175A676 08:52 AM EDT 6/8/2020 Aerotest RAI Response 39 .00 Aerotest Operations, Inc. - Request for Add it ional Information Re : Possession-Only License Amendment Req uest for the Aerotest Radiography and Research Reactor Facility Operating 03/30/2021 License No. R-98 (EPID No. L-2019-LLA-0065) ML21047A468 03 :13 PM EDT 3/30/2021 NRC RAI 295.00 Aerotest Operations, Inc. License and TS Amendments ML21126A150 05/14/2021 09 :1 4/28/2021 Aerotest RAI Response 29.00 06/04/2021 Aerotest Operations, Inc., Response to RAI 28 and 29 ML21147A060 08:31AM EDT 5/19/ 2021 Aerotest RAI Response 21 .00 Emai l from Geoffy A Wertz None 6/3/2021 NRC RAI 15.00 07/09/2021 Aerotest Operations, Inc. - License and TS Amendments ML21181A123 08 :22AM EDT 6/22/2021 RAI Response 19.00 Aerotest Operations, INC. - Revised Completion Date RE: Possession-Only License Amendment Request for the Aerotest Radiography and 07/20/2021 08:35 Research Reactor Facility Operating License ML21188A391 AM EDT 7/12/2021 NRC More Time Aerotest Average Response Days 26 .63 NRC Average Response Days 103.42857
Table 2 Aerotest Certified Fuel Handler Days Document Title Accession Number Date Added Document Date Who Sent What between 04/02/2019 Aerotest Operations, Inc. - License and TS Amendments. ML19084A051 08:31 AM EDT 3/21/2019 Aerotest Plan 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. 08/06/2020 L-2019-LLA-0065) ML20177A203 08 :34AM EDT 7/27/2020 NRC RAI 494.00 Aerotest Operations, Inc - List of Explanations, Changes, and 09/15/2020 Justifications for RAJ CFH Training and Requalification Program ML20248H460 08:24 AM EDT 8/28/2020 Aerotest RAI Response 32 .00 Aerotest Operations, Inc. - Request For Additional Information Re: Possession-Only License Amendment Request For The Aerotest Radiography And Research Reactor Facility Operating 03/25/2021 License No. R-098 (EPID NO. L-2019-LLA-0065) ML21034A626 04 :15 PM EDT 3/12/2021 NRC RAI 196.00 Aerotest Operations, Inc. - Request for Additional Information Re : Possession-Only License Amendment Request for the Aerotest Radiography and Research Reactor Facility Operating 03/30/2021 Same as License No. R-98 (EPID No. L-2019-LLA-0065) ML21047A468 03:13 PM EDT 3/30/2021 NRC RAI 3/12 Aerotest Operations, Inc., Response to RAI CFH Training and 04/09/2021 Requalification Program- 3/30/21 ML21098A157 10:31AM EDT 3/31/2021 Aerotest RAI Response 19.00 Aerotest Average Response Days 25.50 NRC Average Response Days 345.00