ML21307A324

Request for Supplemental Information for Decommissioning Plan, Arrr (License R-98, Docket 50-228)

ML21307A324
Person / Time
Site:	Aerotest
Issue date:	01/12/2022
From:	Cruz-Perez Z Reactor Decommissioning Branch
To:	Slaughter D Aerotest
Parrott J
References
EPID L-2021-LLN-0004
Download: ML21307A324 (4)

Text

January 12, 2022 Dr. David M. Slaughter, President and Reactor Administrator Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583

SUBJECT:

AEROTEST OPERATIONS, INC. - ACCEPTANCE REVIEW OF THE DECOMMISSIONING PLAN FOR THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR (EPID L-2021-LLN-0004)

Dear Dr. Slaughter:

By letter dated June 28, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19184A112), Aerotest Operations, Inc. (AO) certified to the U.S.

Nuclear Regulatory Commission (NRC, the Commission) that it had permanently ceased operations of the Aerotest Radiography and Research Reactor (ARRR) as of December 6, 2018. By letter dated July 20, 2021 (ADAMS Accession No. ML21230A304), AO submitted to the NRC a decommissioning plan (DP) for the ARRR.

The NRC staff has performed an acceptance review of the DP for the ARRR. The purpose of an acceptance review is to determine whether there is sufficient technical information in scope and depth to allow the staff to begin its detailed technical review and to identify whether the application has any readily apparent information insufficiencies in its characterization of the regulatory requirements or the licensing basis of the facility.

Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.82, Termination of license, paragraph (b)(1), [a] licensee that permanently ceases operations must make application for license termination within 2 years following permanent cessation of operations, and in no case later than 1 year prior to expiration of the operating license. Each application for termination of a license must be accompanied or preceded by a proposed decommissioning plan. Pursuant to 10 CFR 50.82(b)(5), the Commission approves decommissioning plans by amendment; therefore, applications for license termination and their accompanying decommissioning plans must satisfy the requirements of 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit, including following as far as applicable the form prescribed for original applications. Pursuant to 10 CFR 50.30, Filing of application for licenses; oath or affirmation, paragraph (b), Oath or affirmation, each application for a license or amendment of it must be executed in a signed original by the applicant or duly authorized officer thereof under oath or affirmation. The oath or affirmation requirement may be complied with as described in NRC Regulatory Issue Summary 2001-018, Requirements for Oath or Affirmation (ADAMS Accession No. ML010990211).

Based on the above regulations, the DP for the ARRR was required to be accompanied by an application for termination of the ARRR license. Additionally, both this application and the DP are required to be executed under oath or affirmation. Therefore, submit, under oath or

D. Slaughter 2 affirmation, an application for termination of the ARRR license and resubmit, under oath or affirmation, the DP for the ARRR.

With respect to the substance of the DP for the ARRR, the NRC staff has determined that the DP provides technical information in sufficient detail to enable the staff to begin its detailed technical review to make an independent assessment regarding the acceptability of the DP in terms of regulatory requirements and the protection of public health and safety and the environment. Given the lesser scope and depth of the acceptance review as compared to the detailed technical review, there may be instances in which issues that impact the staffs ability to complete the detailed technical review are identified despite completion of an adequate acceptance review. If additional information is needed, you will be advised by separate correspondence.

Although the NRC staff has begun its detailed technical review of the DP for the ARRR, in order to make the application complete, the staff requests that AO submit, under oath or affirmation, an application for termination of the ARRR license and resubmit, under oath or affirmation, the DP for the ARRR, within 30 days from the date of this letter. If these submittals are not received by that date, the application will not be accepted for review pursuant to 10 CFR 2.101, and the NRC will cease its activities associated with the application.

The information requested and associated time frame in this letter were discussed with you on January 12, 2022.

In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC Website at https://www.nrc.gov/reading-rm/adams.html.

If you have any questions, please contact Zahira Cruz Perez at (301) 415-3808 or via e-mail at zahira.cruzperez@nrc.gov.

Sincerely, Signed by Cruz-Perez, Zahira on 01/12/22 Zahira Cruz Perez, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-228 License No. R-98 cc:

California Energy Commission 1516 Ninth Street, MS-34

D. Slaughter 3 Sacramento, CA 95814 Justin.Cochran@energy.ca.gov Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Gonzalo.Perez@cdph.ca.gov Test, Research and Training Reactor Newsletter Attention: Amber Johnson Dept of Materials Science and Engineering University of Maryland 4418 Stadium Drive College Park, MD 20742-2115 ajohns37@umd.edu

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• via email OGC/GCHA/AGCOR OFFICE NMSS/DUWP/RDB NRR/DANU/UNPL NMSS/DUWP/RDB

/NLO*

NAME JParrott JP EHelvenston EH BWatson BW JWachutka JW DATE Nov 3, 2021 Nov 4, 2021 Nov 8, 2021 Jan 12, 2022 OFFICE NMSS/DUWP/RDB NAME ZCruz-Perez ZC DATE Jan 12, 2022