ML24057A010

Inc - Minor Violation (TS 12.6.1) 050-00228/2023-001 and NRCs Definition of Annually

ML24057A010
Person / Time
Site:	Aerotest
Issue date:	02/21/2024
From:	Slaughter D Aerotest, Nuclear Labyrinth LLC
To:	NRC/OE, NRC Region 4
References
IR 2023001
Download: ML24057A010 (2)

Text

AEROTEST OPERATIONS, INC.

3455 FOSTORIA WAY

• SAN RAMON, CA 94583 * (925)866-1212

• FAX (925) 866-1716

February 21,2024

ATTENTION: Director, Office of Enforcement US Regulatory Commission Washington DC 20555-0001

ATTENTION: Document Control Desk U.S. Nuclear Regulatory Commission White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

Subject:

Minor Violation (TS 12.6.1) 050-00228/2023-001 and NRC's Definition of Aimually

I do not agree with the NRC decision that "Annually" means calendar year or within 365 days for the prior date of the meeting date. The only place that the NRC defines "Annually is in 10 CFR 36.2. 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 Ae same time each year" suggests that there is leeway in the meeting timing.

In NRC Staff response letter dated February 5, 2023 (ML24025A167) suggests that there exist different definitions for "Annually" under each part of NRC regulations. If that is true, after the NRC staff identified our citation to be in error, the NRC staff should have cited the relevant regulation that defines "Annually" for 10 CFR part 50 licenses. NRC staff failed to cite any such regulation. In fact, 1 do not believe one exists. Please rescind the minor violation (TS 12.6.1) or cite the NRC appropriate regulation that is in 10 CFR part 50 that supports the NRC staff findings.

The general accepted definition of "Annually" is an event or occurrence that happens once a year, typically around the same tune each year. Aerotest Operations, Inc's.

Reactor Safeguards Committee (RSC) meets aroimd the middle of December. Due to 'f/I conflicts in schedules with the outside committee members, the meeting normally scheduled for the middle of December 2021 was delayed until January. Relevant factors contributing to the delay include:

o Aerotest believed that "Annually" meant about the same time each year, o The chairman of the committee asked for a delay in the meeting. It was to /

accommodate an outside committee member's schedule conflict for the ^ ^

later part of December. The committee chair wanted that member to be at the meeting as she conducted Aerotest's security audit in the first half of December 2021.

o Prior RSC meetings: November 20,2017, December 5, 2018, December 19, 2019, December 8, 2020, January 21,2021, December 15, 2022, and December 2023. No prior violations on annual per NRC inspections.

There were more than 365 days between 2017 and 2018 meetings, o The United States was in the middle of a COVID epidemic. If I recall correctly, I had a staff member out with Covid in late December and would not been able to attend the meeting in December. (While the RSC committee would have had a potential quorum, I strive for complete participation of the membership.)

If any additional information or clarification is required, please contact me at dmsraven@gmail.com or (801) 631-5919.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on February 21, 2024.

Respectfully,

David M Slaughter, PhD AO President, Reactor Administrator, General Manager. NRC-RO and Manager CEO Nuclear Labyrinth LLC.