ML111040161

Inc. - NRC Response to Aerotest Confirmatory Action Letter No. NRR-2011-001

ML111040161
Person / Time
Site:	Aerotest
Issue date:	05/24/2011
From:	Mcginty T Division of Policy and Rulemaking
To:	Brisighella D Aerotest
montgomery c 415-3398
References
TAC ME3120, NRR-2011-001
Download: ML111040161 (5)

Text

May 24, 2011 CAL No.: NRR-2011-001 Dario Brisighella, President Aerotest Operations, Inc.

3350 Airport Road Ogden, UT 84405

SUBJECT:

AEROTEST OPERATIONS INC. - NRC RESPONSE TO AEROTEST RE:

CONFIRMATORY ACTION LETTER NO. NRR-2011-001 (TAC NO. ME3120)

Dear Mr. Brisighella:

This is in response to your letter dated March 23, 2011, which provided an initial response to our Confirmatory Action Letter (CAL) No. NRR-2011-001 dated February 26, 2011. The CAL confirmed actions Aerotest Operations, Inc. (Aerotest) had taken or was planning to take regarding the Aerotest Radiography and Research Reactor (ARRR) as discussed in your letter dated January 7, 2011. The CAL confirmed Aerotests actions regarding ceased operations, request for a possession-only license amendment, staffing, preparation of a decommissioning plan, plans to manage and provide funding for the disposition of fuel, and obtaining necessary regulatory approvals before resuming research or commercial N-ray work. Your March 23, 2011, letter provided clarifications, changes, deviations and completed actions with respect to the CAL.

The U. S. Nuclear Regulatory Commission (NRC) staff has reviewed your letter dated March 23, 2011. While some of your requested changes to the actions confirmed in the CAL are acceptable, other changes to the CAL are not acceptable to the NRC staff. The NRC staffs response to the numbered items in your letter is given below.

1. Aerotest continues to negotiate with potential buyers of the ARRR. The CAL provides for the submission of an update on divesture efforts every 14 days. Your letter dated March 23, 2011, states that Aerotest will provide its next update on the progress of divestiture efforts no later than the end of June 2011. To demonstrate continuing progress to the NRC staff in discussions with potential buyers and to follow the CAL, updates should be submitted at 14-day intervals beginning 14 days from receipt of this letter. In addition, in each update, please provide the NRC staff an estimate of when current discussions with potential buyers will be complete.

2. Current operations at the ARRR continue to be consistent with NRCs understanding as discussed in the CAL.

D. Brisighella 3. Current staffing at the ARRR continues to be consistent with NRCs understanding as discussed in the CAL.

4. Aerotest has selected a decommissioning contractor. Site characterization activities started on March 16, 2011. Please confirm to the NRC staff that the estimate for submitting a decommissioning plan to NRC of 180 to 270 days from March 16, 2011, remains valid. As confirmed in the CAL, Aerotest committed in the letter of January 7, 2011, to submit an application to the NRC for a possession-only license amendment by March 31, 2011. Your letter dated March 23, 2011, states that Aerotest plans to submit the amendment request in conjunction with the decommissioning plan. The purpose of the possession-only license amendment is to amend the license conditions to be consistent with a shut down reactor status prior to submission of the decommission plan.

If discussions with current potential buyers are not successful, you should submit your application for a possession-only license amendment no later than 30 days after discussions with the current potential buyers comes to an end.

5. Development of a decommissioning funding plan for the ARRR is consistent with NRCs understanding as discussed in the CAL.

6. Development of a fuel management plan for the ARRR is consistent with NRCs understanding as discussed in the CAL.

7. Aerotest has no plans to commence research or N-ray work at the ARRR.

All written communications, including updates on divestiture efforts and the additional information requested in this letter, should be submitted to the Document Control Desk, under oath or affirmation pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.4, Written communications, and 10 CFR 50.30, Filing of application for licenses; oath or affirmation. The information requested by this letter should be submitted within 14 days of receipt of this letter and at 14 day intervals thereafter.

In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room (PDR) or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to give an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be

D. Brisighella protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g.,

explain why the disclosure of information will create an unwarranted invasion of personal privacy or give the information required by 10 CFR 2.390 to support a request for withholding confidential commercial or financial information). If Safeguards Information is necessary to give an acceptable response, please provide the level of protection described in 10 CFR 73.21, Protection of safeguards information: Performance requirements.

If you have any questions, please contact Cindy Montgomery at 301-415-3398.

Sincerely,

/RA/

Timothy J. McGinty, Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98 cc: See next page

Aerotest Operations, Inc. Docket No. 50-228 cc:

Sandy Warren, General Manager Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583 California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814 Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Pillsbury Winthrop Shaw Pittman LLP ATTN: Robert B. Haemer 2300 N. Street NW Washington, DC 20037-1122 Michael S. Anderson Secretary of Aerotest Autoliv ASP, Inc.

1320 Pacific Drive Auburn Hills, MI 48326

ML111040161 Template No.: NRR-106 OFFICE DPR/PRLB/PM DPR/PRLB/PM DPR/PRLB/LA OGC DPR/PRLB/BC DPR/D NAME CMontgomery AAdams GLappert CSafford, NLO JQuichocho TMcGinty DATE 4-14-2011 5/12/2011 4/21/2011 5/11/2011 5/16/2011 5/24/2011