ML24025A167
| ML24025A167 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 02/05/2024 |
| From: | Tamara Bloomer NRC/RGN-IV/DRSS |
| To: | Slaughter D Aerotest |
| References | |
| EA-23-118 IR 2023001 | |
| Download: ML24025A167 (9) | |
See also: IR 05000228/2023001
Text
February 5, 2024
Dr. David M. Slaughter, President
and Reactor Administrator
Aerotest Operations, Inc.
3455 Fostoria Way
San Ramon, CA 94583
SUBJECT: AEROTEST OPERATIONS, INC. - NRC INSPECTION REPORT
050-00228/2023-001, DISPUTED CITED VIOLATION AND MINOR
VIOLATION REVISED
Dear David Slaughter:
This letter responds to your letters dated September 9, 2023 (Agencywide Documents Access
and Management System (ADAMS) Accession Nos. ML23255A034 and ML23255A036). In your
letters you provided written responses to the August 24, 2023, U.S. Nuclear Regulatory
Commission (NRC) Inspection Report 050-00228/2023-001 (ML23219A188) disputing one of
the violations and the minor violation. The inspection report documented a violation associated
with the failure to maintain in effect and fully implement all provisions of the NRC-approved
Certified Fuel Handler Training and Requalification Program. The inspection report also
described a minor violation that involved the failure of the Reactor Safeguards Committee to
meet at least annually. On October 13, 2023 (ML23285A171), the NRC acknowledged receipt of
your letters.
The NRC conducted a detailed review of your responses and the applicable regulatory
requirements consistent with Part I, Section 2.8 of the NRC Enforcement Manual. The review
included staff who were not involved in the original inspection effort. The details of the NRCs
evaluation are contained in the enclosure.
After consideration of the basis for your dispute of the subject report violations, the NRC
concluded that the original violations remained valid. However, the staff revised the cited
violation to enhance its clarity and modified the dates of noncompliance. The NRC also revised
the minor violation to correct the reference to the technical specification requirement in place
during the period of the noncompliance. The modified language for the violations is provided in
the enclosure. The NRC will reissue Inspection Report 050-00228/2023-001 to document the
revised violations.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a
copy of this letter, its enclosure, and your response if you choose to provide one, will be made
available electronically for public inspection in the NRC Public Document Room and from the
NRCs ADAMS, accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html.
D. Slaughter 2
To the extent possible, your response should not include any personal privacy or proprietary
information so that it can be made available to the public without redaction.
Should you have any questions concerning this letter, please contact Greg Warnick of my staff
at 817-200-1249 or at Greg.Warnick@nrc.gov.
Sincerely,
Tamara Bloomer, Director
Division of Radiological Safety and Security
Docket No. 050-00228
License No. R-98
Enclosure:
NRC Evaluation of Licensee Response
to a Notice of Violation
Signed by Bloomer, Tamara
on 02/05/24
SUNSI Review: ADAMS: Non-Publicly Available Non-Sensitive Keyword:
By: ACR Yes No Publicly Available Sensitive NRC-002
OFFICE SHP:DIOR TL:ACES C:DIOR RC NMSS
NAME TJohnson JGroom GWarnick DCylkowski MBurgess
SIGNATURE /RA/ E /RA/ E /RA/ E /RA/ E /RA/ E
DATE 01/23/24 01/29/24 01/25/24 01/29/24 01/31/24
OFFICE OE D:DRSS
NAME DJones TBloomer
SIGNATURE /RA/ E /RA/ E
DATE 02/05/24 02/05/24
NRC Evaluation of Licensee Response to a Notice of Violation
Restatement of Violation A and Minor Violation:
On August 24, 2023, the U.S. Nuclear Regulatory Commission (NRC) issued Inspection
Report 050-00228/2023-001 and Notice of Violation (Notice) to Aerotest Operations, Inc., (AO,
Aerotest, or licensee) Agencywide Documents Access and Management System (ADAMS)
Accession No. ML23219A188. Violation A and the minor violation documented in the inspection
report, are restated below:
Violation A
NRC License R-98, Amendment 6, License Condition 2.C.(4), states, in part,
that whenever the licensee possesses TRIGA fuel elements pursuant to license
condition 2.B.(2), the licensee shall maintain in effect and fully implement all provisions
of the NRC-approved Certified Fuel Handler Training and Requalification Program.
Contrary to the above, from December 6, 2021, to June 27, 2023, the licensee failed to
maintain in effect and fully implement all provisions of the NRC-approved Certified Fuel
Handler Training and Requalification Program when in possession of TRIGA fuel
elements pursuant to license condition 2.B.(2). Specifically, the licensee failed to have a
qualified Certified Fuel Handler and a qualified Certified Fuel Handler Supervisor and
implement the approved program consistent with the document entitled ARRR [Aerotest
Radiography and Research Reactor] CFH Training/Requalification Program, dated
March 30, 2021. The document states the qualification, training, and retraining of the
Certified Fuel Handler and Certified Fuel Handler Supervisor provides an appropriate
level of oversight commensurate with the reduced risks and relative simplicity of the
facility systems needed for safe storage of spent fuel, including the safe handling and
storage of spent fuel, and response to plant emergencies.
Minor Violation
Technical Specification 12.1.6 requires, in part, that the Reactor Safeguards Committee
shall meet at least annually. Contrary to the above, in 2021, the Reactor Safeguards
Committee failed to meet at least annually.
Violation A: Licensee Contentions and NRC Evaluation
In a letter dated September 9, 2023 (ML23255A034), Aerotest disputed Violation A in Inspection
Report 050-00228/2023-001. The Aerotest letter included 10 specific contentions which are
documented and addressed below:
Licensee Contention 1:
There is no need to move fuel. There is not an "emergency situation" that would have AO move
fuel from its current location; the safest and secure location for the fuel is the subterranean
subcritical storage racks in the lower portion of the tank (wet or dry.)
Enclosure
NRC Contention 1 Evaluation:
The applicable license condition applies to more than just the need to move fuel. As cited in
license condition 2.C.(4), Aerotest is required to maintain in effect and fully implement all
provisions of the NRC-approved Certified Fuel Handler (CFH) Training and Requalification
Program whenever in possession of TRIGA fuel elements.
Licensee Contention 2:
Since October 2019, AO has employed employees that meet the experience/qualifications
as outlined in "ARRR CFH Training/Requalification Program," dated March 30, 2021,
2. Experience/Qualifications.
NRC Contention 2 Evaluation:
Information reviewed showed there were Aerotest personnel with the experience and
qualifications specified in Section 2 of ARRR CFH Training/Requalification Program, dated
March 30, 2021. However, section 4 of the program requires individuals to complete an initial
training program and pass a comprehensive final examination, and section 8 requires that
associated training records be maintained until all fuel is shipped out of the facility and a CFH
and CFH Supervisor are no longer needed. Information and records provided did not
demonstrate that the referenced employees had completed the initial training program and
passed a comprehensive final examination.
Licensee Contention 3:
AO was not aware of the "ARRR CFH Training/Requalification Program," dated March 30, 2021,
was approved or acceptable by the NRC until we received the NRC letter dated December 6,
2021. It would be impossible to have implemented and completed the training program on the
December 6, 2021, date.
NRC Contention 3 Evaluation:
NRC agrees partially with this statement. Specifically, License Amendment No. 6 issued by
letter dated December 6, 2021 (ML21242A463), stated, This license amendment is effective as
of the date of its issuance and shall be implemented within 30 days of issuance. Therefore, the
requirements outlined in Amendment 6 should have been implemented by January 5, 2022.
The NRC determined there was some level of awareness by Aerotest as License Amendment 6
was issued in response to the licensees license amendment request (LAR) dated March 21,
2019 (ML19084A051), as supplemented by letters dated: June 28, 2019 (ML19184A112);
August 14, 2019 (ML19231A127); March 26, 2020 (three letters; ML20098D415,
ML20097D279, and ML20134H946); June 8, 2020 (ML20175A676); July 28, 2020
(ML20220A422); August 28, 2020 (ML20248H460); September 28, 2020 (ML20276A247);
March 31, 2021 (ML21098A157); April 28, 2021 (ML21126A150); May 19, 2021
(ML21147A060); and June 22, 2021 (ML21181A123).
The NRC also communicated to Aerotest by e-mail dated November 23, 2021 (ML21328A197)
and informed the licensee of its plans for the approval in part and denial in part of the LAR;
provided a draft of the approved revised ARRR license and technical specifications; and offered
the opportunity for a teleconference to discuss the approval in part and denial in part of the LAR,
2
prior to the NRC staffs issuance of the approved license amendment. By e-mail dated
December 2, 2021 (ML21337A330), the licensee indicated that a teleconference would not be
necessary.
Therefore, the NRC and the licensee have been in communication and the notice to implement
the training/requalification program within the 30 days of issuance of the approved license
amendment was not unreasonable or unforeseeable.
During this review, the NRC identified the need to change the beginning date of the
noncompliance from December 6, 2021, to January 5, 2022.
Licensee Contention 4:
The ARRR CFH Training/Requalification Program," dated March 30, 2021, "4. Initial Training
Program" does not express a specific time for the initial training program to be completed. After
initial CFH training, the requalification program would be biennial.
NRC Contention 4 Evaluation:
License Amendment 6 replaced the requirements for senior reactor operator/reactor operators
with the requirement to have a CFH Supervisor and CFH in accordance with the approved
training/requalification program. Therefore, as the licensee is in possession of TRIGA fuel
elements, the program required by license condition 2.C.(4) was to be implemented by
January 5, 2021, with the qualified CHF Supervisor and CHF in place as required by Technical
Specifications 12.1.3 and 12.1.5, respectively.
Licensee Contention 5:
In an October 1, 2019, letter to the NRC, AO informed the NRC that Christopher E. Bauman
was no longer employed by AO and requested that his Senior Operator License be terminated.
It also stated that under David M. Slaughters supervision, Fuel handling after the adaptation of
the new license and tech spec would be handled by Mitch Wilkerson; He has over 20 years of
experience using AO fuel handling tools.
NRC Contention 5 Evaluation:
While Mitch Wilkerson had the experience and qualifications to be placed within the
training/qualification program, there was no evidence provided that demonstrate that he had
completed the initial training program and passed a comprehensive final examination per
ARRR CFH Training/Requalification Program, dated March 30, 2021.
Licensee Contention 6:
AOs April 27, 2023, organizational chart shows that Malcolm McCarthy is listed as the Fuel
Handling Supervisor. The organizational chart was shown to the NRC lead inspector.
NRC Contention 6 Evaluation:
Records reviewed failed to demonstrate that Malcolm McCarthy had completed the initial
training program and passed a comprehensive final examination per ARRR CFH
Training/Requalification Program, dated March 30, 2021.
3
Licensee Contention 7:
Technical Specification 11.6 CFH or CFH Supervisor does not need to be at the facility on a
daily basis. They are only required when there is a transfer/movement of fuel.
NRC Contention 7 Evaluation:
The violation is in regard to the failure to maintain in effect and fully implement all provisions of
the NRC-approved Certified Fuel Handler Training and Requalification Program when in
possession of TRIGA fuel elements, rather than the schedule for when the CFH or CFH
Supervisor need to be at the facility.
Licensee Contention 8:
Technical Specification 11.4 "The transfer of irradiated fuel in the reactor tank, storage pits and
facility shall be conducted by a minimum staff of two; a Certified Fuel Handler (CFH) and an
additional person trained in radiation safety."
NRC Contention 8 Evaluation:
The violation is in regard to the failure to maintain in effect and fully implement all provisions of
the NRC-approved Certified Fuel Handler Training and Requalification Program when in
possession of TRIGA fuel elements, rather than the minimum staff required to conduct irradiated
fuel transfer operations.
Licensee Contention 9:
The "ARRR CFH Training/Requalification Program," dated March 30, 2021. "3.1. CFH
Supervisor - The CFH Supervisor is a non-licensed operator who has qualified in accordance
with a fuel handler training program approved by the NRC. They will supervise other CFHs and
perform CFH duties." Since the CFH Supervisor can perform CFH duties, and 1 CFH is required
per technical 11.4, we dont necessarily need an additional employee as a CFH.
NRC Contention 9 Evaluation:
The violation is in regard to the failure to maintain in effect and fully implement all provisions of
the NRC-approved Certified Fuel Handler Training and Requalification Program when in
possession of TRIGA fuel elements. Technical Specifications 12.1.3 and 12.1.5, respectively,
discuss the roles and responsibilities of the CHF Supervisor and CHF.
Licensee Contention 10:
AO has not moved any fuel since October 1, 2019; AO will complete the initial training before
any fuel is moved.
NRC Contention 10 Evaluation:
License condition 2.C.(4), states, in part, that whenever the licensee possesses TRIGA fuel
elements pursuant to license condition 2.B.(2), the licensee shall maintain in effect and fully
implement all provisions of the NRC-approved Certified Fuel Handler Training and
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Requalification Program. The training/requalification program was required to be implemented
by January 5, 2022, as Aerotest was in possession of TRIGA fuel elements.
NRC Conclusion and Revised Violation A
As a result of the evaluation above, the NRC will be revising Violation A in Inspection
Report 050-00228/2023-001 as follows:
NRC License R-98, Amendment 6, License Condition 2.C.(4), states, in part, that
whenever the licensee possesses TRIGA fuel elements pursuant to License
Condition 2.B.(2), the licensee shall maintain in effect and fully implement all provisions
of the NRC-approved Certified Fuel Handler Training and Requalification Program.
Contrary to the above, from January 5, 2022, through June 27, 2023, the licensee failed
to maintain in effect and fully implement all provisions of the NRC-approved Certified
Fuel Handler Training and Requalification Program when in possession of TRIGA fuel
elements pursuant to license condition 2.B.(2). Specifically, the licensee failed to
implement the approved program consistent with the document entitled ARRR CFH
Training/Requalification Program, dated March 30, 2021. The document states the
qualification, training, and retraining of the Certified Fuel Handler and Certified Fuel
Handler Supervisor provides an appropriate level of oversight commensurate with the
reduced risks and relative simplicity of the facility systems needed for safe storage of
spent fuel, including the safe handling and storage of spent fuel, and response to plant
emergencies.
Minor Violation: Licensee Contention and NRC Evaluation
In a letter dated September 9, 2023 (ML23255A036), Aerotest disputed the minor violation in
Inspection Report 050-00228/2023-001.
Licensee Contention:
Aerotest Operations followed the annual meeting requirement. 10 CFR 36.2 defines Annually to
mean either (1) at intervals not to exceed 1 year or (2) once per year, at about the same time
each year (plus or minus 1 month). The language "about the same time each year" suggests
that there is some leeway in the meeting timing. The definition also suggests a time variation as
shown in parenthesis of "plus or minus one month." Given this definition, it is possible to have a
meeting in 2022 covering the activities of 2021. The NRC lead inspector and inspector's
supervisor (as reported in the 8/13/2023 exit meeting) were unaware of the second part of the
definition which contributed to their erroneous conclusion.
NRC Contention Evaluation:
Aerotest is not a 10 CFR Part 36 license holder; the NRC understands that the licensee was
using this as an example of periodicity language in the CFR to demonstrate potential leeway.
The NRC determined it was 409 days between meetings, as Reactor Safeguards Meetings
were held December 8, 2020, and January 21, 2022, such that the time between meetings
exceeded an annual timeframe and no meeting was held in calendar year 2021. There is no
additional precedent or language to grant further leeway in this situation. There is no
documented evidence to show that the required meeting was held within the annual time period
as required under Technical Specification 12.1.3, Amendment 5.
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During the NRC review, it was identified that the administrative requirements section of
technical specification numbering changed from Amendment 5 to Amendment 6, which became
effective December 6, 2021, and had to be implemented by January 5, 2022. Specifically, the
annual meeting requirement was Technical Specification 12.1.3 during the period of
noncompliance, January 1, 2021, through December 31, 2021. The annual meeting requirement
changed to Technical Specification 12.1.6 with full implementation of Amendment 6 on
January 5, 2022.
NRC Conclusion and Revised Minor Violation
As a result of the evaluation above, the NRC will be revising the minor violation in Inspection
Report 050-00228/2023-001 as follows:
Technical Specification 12.1.3, Amendment 5 required, in part, that the Reactor
Safeguards Committee shall meet at least annually. Contrary to the above, in 2021, the
Reactor Safeguards Committee failed to meet at least annually. Since the committee
met in January 2022, the NRC considered this a minor violation of Technical
Specification 12.1.3, Amendment 5.
6