ML24073A218

From kanterella
Jump to navigation Jump to search
Inc. - NRC Inspection Report 050 00228/2023001, Response to Disputed Minor Violation
ML24073A218
Person / Time
Site: Aerotest
Issue date: 03/18/2024
From: Tamara Bloomer
NRC Region 4
To: Slaughter D
Aerotest
References
EA-23-118 IR 2023001
Download: ML24073A218 (3)


See also: IR 05000228/2023001

Text

March 18, 2024

EA-23-118

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, RESPONSE TO DISPUTED MINOR VIOLATION

Dear David Slaughter:

On February 5, 2024, the U.S. Nuclear Regulatory Commission (NRC) responded to a letter

from Aerotest Operations, Inc. (Aerotest) disputing a minor violation documented in Inspection

Report 050-00228/2023-001, Agencywide Documents Access and Management System

(ADAMS) Accession No. ML24025A167. The minor violation involved the failure of the Reactor

Safeguards Committee (RSC) to meet at least annually as required by Technical Specification

(TS) 12.1.3, Amendment 5. In our February 5, 2024, response, the NRC determined that the

original minor violation remained valid with a revision to correct the reference to the technical

specification requirement in place during the period of the noncompliance. On February 8, 2024,

the NRC reissued Inspection Report 050-00228/2023-001 to document the revised minor

violation (ML24039A038).

In a letter dated February 21, 2024 (ML24057A010), Aerotest provided a written

response where you continue to dispute the minor violation documented in Inspection

Report 050-00228/2023-001. In your February 21, 2024, letter, you state that you, do not

agree with the NRC decision that "Annually" means calendar year or within 365 days for [sic]

the prior date of the meeting date.

The NRC reviewed your letter and determined that Aerotest provided no new information that

would warrant further review of your dispute. The NRC determined that the minor violation of

TS 12.1.3, Amendment 5 remains valid irrespective of whether a plain language application of

the term annually or the definition of annually found in 10 CFR 36.21 is used since the

Aerotest RSC failed to meet at least once per year for 2021.

While the NRC agrees that there is leeway in the timing for the RSC meeting like that described

in 10 CFR 36.2 (e.g., plus or minus 1 month), this leeway does not supersede the requirement

to meet at least once per year (emphasis added). The NRC noted that Aerotests practice of

using the month of December for the RSC meeting effectively limits Aerotests ability to use

1 10 CFR 36 are the NRCs requirements for irradiators which are not applicable to Aerotest. The definition of

annually found in 10 CFR 36.2 is only referenced as it forms the basis of Aerotests dispute.

D. Slaughter

2

flexibility in the timing of its RSC meeting since any delay would effectively push the meeting to

a different year.

The NRC considers this matter closed but reminds you that Aerotest may seek an amendment,

in accordance with the process described in 10 CFR 50.90, Application for amendment of

license, construction permit, or early site permit, to modify TS 12.1.6, Amendment 6 if you

desire additional flexibilities not currently afforded to you in Aerotests licensing basis.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a

copy of this letter 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.

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

Signed by Bloomer, Tamara

on 03/18/24

ML24073A218

SUNSI Review:

ADAMS:

Non-Publicly Available Non-Sensitive

Keyword:

By: JGK Yes No

Publicly Available

Sensitive

NRC-002

OFFICE

SES:ACES

TL:ACES

C:DIOR

RC

OE

NAME

JKramer

JGroom

GWarnick

DCylkowski

DJones

SIGNATURE

/RA/ E

/RA/ E

/RA/ E

/RA/ E

/RA/ E

DATE

03/13/24

03/13/24

03/13/24

03/15/24

03/15/24

OFFICE

D:DRSS

NAME

TBloomer

SIGNATURE

/RA/ E

DATE

03/18/24