ML24057A011

Inc - Response to Notice of Violation No 05000228/2020201

ML24057A011
Person / Time
Site:	Aerotest
Issue date:	02/21/2024
From:	Slaughter D Aerotest, Nuclear Labyrinth LLC
To:	Greg Warnick NRC/OE, NRC/RGN-IV/DRSS
References
IR 2020201, EA-24-013
Download: ML24057A011 (5)

Text

AEROTEST OPERATIONS, INC.

3455 FOSTORIA WAY

• SAN RAMON, CA 94583 >> (925)866-1212

• FAX (925) 866-1716

February 21, 2024

Gregory G Wamick Chief Decommissioning, ISFSI and Operating Reactor Branch Division of Radiological Safety and Security U.S. Nuclear Regulatory Commission Region IV 1600 East Lamar Blvd Arlington, TX 76011-4511

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

U.S. Nuclear Regulatory Commission White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

Subject:

NRC Response Aerotest's Response to Notice of Violation No 05000228/2020201, EA-24-013 letter Dated February 20, 2024, which is not posted on (Agencywide Documents Access and Management System (ADAMS).

I have just received the NRC's response to my letter dated October 21, 2020 (ML20304A153). The NRC was required to response within 90 days of receiving my letter, but it took them over 3 years. Then NRC's response was to close the violation with no future action as the NRC approved changes in the TS on December 5, 2021. The NRC did not address my response rescinding the violation and the violation is now considered closed.

I still disagree with the NRC findings and issuance of a severity IV Violation on October 15, 2020 (ML20240A252). The licensee and the NRC staff in the past have not held that literal wording standard for many of the assigned RSOs for the licensee. While my RSO ^.

did not meet the literal word for word credential detailed in Technical Specifications (TS) ^ c) \\

12.1.5, She is qualified to hold her post..

Unfortunately given the age of the TS and lack of past critical reviews by the licensee and NRC staff, the document has become antiquated and was allowed to be widely interpreted but not updated to provide a more accurate specification. The literal reading

jsjitt/ oC of qualification for the RSO by the Licensee and NRC staff have been ignored from the inception of the 1965 license. RSOs associated with this license were technically qualified even if they did not meet the explicit requirement as spelled out in the RSO qualification TS 12.1.5. They possessed equivalent or better academic and experience credentials.

I declare under penalty of peijury 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.

Attachment:

February 20, 2024 letter from Greogory G Wamick, Chief, Decommissioning, ISFSI and Operating Reactor Branch, Division of Radiological Safety and Security, NRC

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February 20, 2024

EA-24-013

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

3455 Fostoria Way San Ramon, CA 94583

SUBJECT:

AEROTEST OPERATIONS, INC. - NRG INSPECTION REPORT 050-00228/2020-201, AND DISPUTED CITED VIOLATION CLOSED

Dear David Slaughter:

On October 15, 2020, the U.S. Nuclear Regulatory Commission (NRC) issued Inspection Report 050-00228/2020-201, Agencywide Documents Access and Management System (ADAMS) Accession No. ML20240A252. The inspection report documented a violation associated with the failure of the radiation safety officer (RSO) to meet the education requirements as required by Technical Specification (TS) 12.1.5. In a letter dated October 21, 2020 (ML20304A153), you provided a written response and disputed the violation in the subject inspection report.

On December 6, 2021 (ML21242A463), the NRC issued License Amendment No. 6 to Aerotest Operations, Inc. This amendment changed and relocated the RSO's education and experience requirement from TS 12.1.5. to TS 12.1.4. During an inspection performed on June 27, 2023, the NRC inspectors verified that the RSO met the requirements of TS 12.1.4.

Because the cited requirement (TS 12.1.5.) in the violation (05000228/2020-201-01) has been superseded by TS 12.1.4 (License Amendment 6), the NRC plans no further action to address the disputed violation documented in your October 21, 2020, letter. In addition.

Violation 05000228/2020-201-01 is considered dosed.

In accordance with 10 CFR 2.390 of the NRC's "Agency Rules of Practice and Procedure," a copy of this letter 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 NRC's ADAMS, accessible from the NRC website at httD://www.nrc.aov/readina-rm/adams.htmi. if you choose to respond, 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.

D. Slaughter 2

Should you have any questions concerning this letter, please contact Stephanie Anderson of my staff at 817-200-1213, or the undersigned at 871-200-1249.

Sincerely,

Signed by Wamick, Gregory on 02/20/24

Gregory G. Warnick, Chief Decommissioning, iSFSi, and Operating Reactor Branch Division of Radiological Safety and Security

Docket No. 050-00228 License No. R-98 D. Slaughter

AEROTEST OPERATIONS, INC. - NRG INSPECTION REPORT 050-00228/2020-201, AND DISPUTED CITED VIOLATION CLOSED - DATED FEBRUARY 20, 2024

DISTRIBUTION RidsOeMallCenter Resource; RIdsNmssOd Resource; RidsOgcMallCenter Resource; RidsSecyMailCenter Resource; RidsOcaMailCenter Resource; RIdsOigMailCenter Resource; RidsEdoMailCenter Resource; EDO_Managers: RidsOcfoMailCenter Resource; RidsOlMailCenter Resource; RidsRgnl MailCenter Resource; RidsRgnSMailCenter Resource; JMonninger, RA R4Enforcement.Resource DPelton, OE JLara, DRA MMadison, DRMA SLewman, OE TBIoomer, DRSS JKramer, ORA JPeralta, OE GWarnick, DRSS RAIexander, ORA JCook, DRSS SAnderson, DRSS DJones, OE RErickson, DRSS VDrlcks, ORA AMoreno, CA MBurgess, NMSS JGroom, ORA LWilklns, CA NO'Keefe, DRSS FGaskins, OEDO ARoberts, ORA DCylkowski, ORA BHughes, NRR TTate, NRR LRoldan-Otero, DRSS

ADAMS Accession number: ML24037A312 SSUNSI Review: ADAMS: Non-Publicly Available ISINon-SensitiveKeyword:

[SI Yes No Sensitive NRC-002 lEssiiaMee :"W NAME JKramer JGroom DCylkowski DJones TTate SIGNATURE /RA/E /RA/E /RA/E /RA/E /RA/E DATE 02/06/24 02/09/24 02/07/24 02/12/24 02/19/24

NAME GWamick SIGNATURE /RA/E DATE 02/20/24 OFFICIAL RECORD COPY