ML24039A171

Licensee Response E-mail to Aerotest RCI and Draft License Amendment (License R-98, Docket 50-228)

ML24039A171
Person / Time
Site:	Aerotest
Issue date:	02/01/2024
From:	Slaughter D Aerotest, Nuclear Labyrinth LLC
To:	Jack Parrott Reactor Decommissioning Branch
References
Download: ML24039A171 (4)

Text

From: DM S <dmsraven@gmail.com>

Sent: Thursday, February 1, 2024 4:41 PM To: Jack Parrott Cc: Shaun Anderson; Shawn Harwell; Marlayna Doell; Nate Fuguet; Aerotest Operations

Subject:

[External_Sender] Re: Draft Aerotest RCI and draft license amendment

Dear Jack Parrott,

Thank you for sharing the draft text that you are considering for inclusion in the ARRR license conditions. I have reviewed the language to be included as section F. Decommissioning in ARRR 10 CFR Part 50 license and found that the way it is written in section F(1) is consistent with your explanation during the teleconference dated January 22, 2024. As for section F(2), I understand the regulation and the lower standard of obligation for review given the Aerotest Operations pre storage choice. I am concerned that the current cost, duration, and outcome of the NRC review of the decommissioning plan is inconsistent to that preliminary standard. Let me summarize. The ARRR Decommissioning Plan was accepted for review on January 12, 2022 (We submitted the plan on July 20, 21). The NRC cost associated with that review is well over 100,000 dollars covering over a 2-year period. The detailed information in the plan and reference documents (ML22340A006) far exceeds the detail in the University of Arizonas decommissioning plan (ML091490074) that was suggested as a document template by your office. It is not clear what additional information beyond that was not already provided. I understand that updating select information is necessary, i.e., environment changes or significant changes in disposal methodologies but not what is described in section F(2). It is hard for me to believe that it took your group over two years to complete a basic review.

Aerotest Operations will comply with already agreed to terms under the July 17, 2017, indirect license transfer agreement that includes those terms associated with the decommissioning activities. The ADAMs reference number cited in your email is in error; ADAMS Number ML16333A448 dated February 28, 2017, may be more relevant.

Please submit your email and my response to ADAMS in separate filings. If you are unable, I will independently submit my response to ADAMS.

I declare under penalty of perjury that the foregoing is true and correct. Executed on February 1, 2024.

Thank you,

Mike

1 David M. Slaughter, PhD

AO President

On Mon, Jan 22, 2024 at 1:05PM Jack Parrott <Jack.Parrott@nrc.gov> wrote:

Dear Dr. Slaughter,

NRC staff is near to completing our review and evaluation of the decommissioning plan (DP) for the ARRR.

However, in our evaluation of the DP, NRC staff found that the requirement 10 CFR 50.82(b)(3)(ii) was not specifically addressed in your application. The regulation in 10 CFR 50.82(b)(3)(ii) requires that DPs that delay completion of decommissioning include a means for adjusting decommissioning cost estimates and associated funding levels over the storage or surveillance period.

NRC staff notes that this related to a requirement considered in the NRCs review of the indirect license transfer dated February 28, 2017 (ML16333A443). To complete our evaluation of the DP, please confirm that you continue to implement the plan to review and adjust, as necessary, the decommissioning funding levels on a biannual basis, based on updated decommissioning cost estimates developed by outside experts, and by maintaining a $300,000 letter of credit from a Federally insured bank to be used in the event that future updates to the cost estimates or funding levels reveal a shortfall in the fund balance, consistent with 10 CFR 50.75(e)(1)(iii)(A), as stated in your 2017 license transfer application.

We would like to share with you the text of a draft license condition (License Condition 2.F), that will be added to the ARRR license for approval of the DP, for your review. The condition would read as follows:

F. Decommissioning

The licensee shall implement and maintain in effect all provisions of the approved Decommissioning Plan for the Aerotest Radiography and Research Reactor, dated July 20, 2021, as supplemented on January 20, 2022, July 21, 2022, and November 16, 2022 (hereinafter the DP), which authorizes inclusion of the DP as a supplement to the Safety Analysis report pursuant to 10 CFR 50.82(b), and is subject to and amended by the following stipulations:

(1) The licensee may make changes to the DP without prior NRC approval provided the proposed changes do not meet any of the following criteria:

a) Require Commission approval under 10 CFR 50.59, Changes, tests, and experiments.

2 b) Result in the potential for significant environmental impacts that have not previously been reviewed.

c) Detract or negate the reasonable assurance that adequate funds will be available for decommissioning.

(2) This DP is approved under the regulation in 10 CFR 50.82(b)(2) that allows for a DP, in which the major dismantlement activities are delayed by first placing the facility in storage, to be less detailed. Therefore, an updated detailed DP shall be submitted and approved prior to the start of major dismantlement activities. The updated DP shall contain more detailed information on the remaining site characterization, dismantlement, and remediation activities, as well as the final status survey plan, for NRC review and approval prior to conducting final status surveys for license termination. Approval of this less detailed DP is not binding on the NRCs determination of the specific adequacy of the updated detailed ARRR DP.

In order for NRC staff to complete review of the ARRR DP, please reply to this email confirming that Aerotest Operations, Inc. will continue to review and adjust, as necessary, the decommissioning funding levels as stated above and as required under the license transfer of 2017.

Sincerely,

Jack D. Parrott

Senior Project Manager

US Nuclear Regulatory Commission

301-415-6634

3 David M. Slaughter, PhD Nuclear and Chemical Engineer Nuclear Labyrinth

801 631-5919

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