ML24073A218
| 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
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
SUNSI Review:
ADAMS:
Non-Publicly Available Non-Sensitive
Keyword:
By: JGK Yes No
Publicly Available
Sensitive
OFFICE
SES:ACES
TL:ACES
C:DIOR
RC
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