View source for NRC-2012-0286, Comment (2) of Jay E. Silberg for Aerotest Operations, Inc. and Nuclear Labyrinth, LLC Regarding Notice of Consideration of Indirect Transfer and Conforming Amendment

{{Adams
| number = ML13130A170
| issue date = 04/25/2013
| title = Comment (2) of Jay E. Silberg for Aerotest Operations, Inc. and Nuclear Labyrinth, LLC Regarding Notice of Consideration of Indirect Transfer and Conforming Amendment
| author name = Silberg J
| author affiliation = Aerotest Operations, Inc, Nuclear Labyrinth LLC, Pillsbury, Winthrop, Shaw, Pittman, LLP
| addressee name = 
| addressee affiliation = NRC/ADM/DAS/RADB, NRC/SECY
| docket = 05000228
| license number = 
| contact person = 
| case reference number = 77FR72889 00002, NRC-2012-0286, TAC ME8811
| document type = General FR Notice Comment Letter type:NRC
| page count = 2
| project = TAC:ME8811
| stage = Other
}}

=Text=
{{#Wiki_filter:pillsburq Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW I Washington, DC 20037-1122 tel 202.663.8000 I fax 202.663.8007 Jay E. Silberg tel 202.663.8063 j ay.silberg@pillsburylaw.com April 25, 2013                                                                                             "
ATTENTION: Secretary                                                                  .7-                -    .
U.S. Nuclear Regulatory Commission                                                    ifl Washington, DC 20555-0001 Docket No. NRC-2012-0286                                                                  -

==Subject:==
Aerotest and Nuclear Labyrinth Response to Comment RP                                     0I.
Federal Register Notice Of Consideration Of Indirect Transfer And Conforming Amendment

==References:==

I. Application for Consent to Indirect Transfer of Control of License, May 30, 2012 (the "Application")(ADAMS Accession Number ML12180A384)(non-proprietary version)
: 2. Response to Request to Aerotest Operations, Inc. and Nuclear Labyrinth LLC to Supplement the License Transfer Application, July 19, 2012 (TAC No.
ME8811) (ADAMS Accession Number ML122021201)(non-proprietary version)
: 3. Response to Request for Additional Information Re: Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10 CFR 50.80, October 15, 2012 (TAC No.
ME88 11) (ADAMS Accession Number ML 12291 AS08)(non-proprietary version)
: 4. Response to Request for Additional Information Re: Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10 CFR 50.80, January 10, 2013 (TAC No.
ME881 1) (ADAMS Accession Nmnber ML13015A395)(non-proprietary version)
Ladies and Gentlemen:
On April 24, 2013, Aerotest Operations, Inc. ("Aerotest") and Nuclear Labyrinth, LLC ("Nuclear Labyrinth") received a letter from Alexander Adams, Jr.,
Research and Test Reactors Licensing Branch, forwarding comments by Mr. Mark Sokolow regarding the Notice of Consideration of Indirect Transfer and Conforming Amendment, docket number NRC-2012-0286. In response to Mr. Adams' letter, Aerotest and Nuclear Labyrinth hereby provide the following responses to Mr.
Sokolow's comments.
www.pillsburylaw.com SUNSI Review Complete Template = ADM - 013 E-RIDS=
Add=         ADM-03
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April 25, 2013 Page.2
: 1.       "Why is it necessary .for these intercompany transfers to take place?"
The proposed indirect license transfer is not an "intercompany" transfer. As described in the Application at page 1, the indirect transfer of control of the Aerotest Radiography and Research Reactor ("ARRR") operating license will result from the acquisition of Aerotest by Nuclear Labyrinth. Nuclear Labyrinth will acquire ownership of the stock and business of Aerotest from OEA Aerospace, Inc. ("OEAA"), a California corporation. Nuclear Labyrinth is neither owned nor controlled by OEAA. Nuclear Labyrinth is an independent entity organized in the state of Utah.
As stated in the Application at page 3, this transfer is necessary because the NRC has requested that OEAA divest its interest in the ARRR due to the foreign status of its ultimate parent company.
: 2.        "Is [Nuclear Labyrinth] Capitalized?"
References 1-4 describe the financial qualifications for Nuclear Labyrinth. As provided in References 1-4, sufficient funds will be transferred at closing to cover decommissioning costs
.and twelve months' worth of operations and maintenance costs. Further funding will be provided through sale of ARRR services.
: 3.        "Who are the principals or shareholders in [Nuclear Labyrinth]?"
As provided in the Application at page 6, Nuclear Labyrinth is owned and managed by its CEO, Dr. D. M. Slaughter. Dr. Slaughter is the sole owner and investor of Nuclear Labyrinth.
: 4.        "Are there any security concerns and have they been addressed?"
The Application does not request any changes to current security plans or requirements, Should you have any questions or require additional information regarding this submission, please contact Jay Silberg, counsel to Aerotest at 202-663-8063 or jay.silberg@pillsburylaw.com.
Sincerely yours, Ja        ilbergi Counsel for Aerotest Operations, Inc.
cc. Alexander Adams, Jr.
www.pillsburylaw.com}}