ML14210A414

Notice of Hearing (Notice of Closed Evidentiary Hearing)

ML14210A414
Person / Time
Site:	Aerotest
Issue date:	07/29/2014
From:	Hawkens E R Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-228-LT, ASLBP 14-931-01-LT-BD01, RAS 26262
Download: ML14210A414 (5)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judge: E. Roy Hawkens Presiding Officer In the Matter of AEROTEST OPERATIONS, INC.

(Aerotest Radiography and Research Reactor)

Docket No. 50-228-LT ASLBP No. 14-931-01-LT-BD01 July 29, 2014

NOTICE OF HEARING (Notice of Closed Evidentiary Hearing)

The Atomic Safety and Licensing Board hereby gives notice that it will convene an evidentiary hearing pursuant to the 10 C.F.R. Part 2, Subpart M procedures to receive testimony and exhibits in the proceeding regarding the license transfer application of Aerotest Operations, Inc. and its proposed transferee, Nuclear Labyrinth, LLC (together, the Companies). Because the testimony will focus on proprietary information regarding whether the Companies satisfy financial qualification requirements for a license transfer under 10 C.F.R. § 50.33(f), the hearing will be closed to the public. I. Matters to Be Considered As set forth by the Licensing Board in its May 2014 Memorandum and Order Ruling on Admissibility of Areas of Controversy, there are two litigable areas of controversy in this proceeding: (1) whether the Staff correctly concluded that the Companies failed to demonstrate that they have, or with reasonable assurance will have, sufficient funding to conduct activities authorized by the Aerotest Radiography and Research Reactor (ARRR) license if the license is indirectly transferred; and (2) whether the Staff correctly concluded that the Companies failed to demonstrate that there will be sufficient funds to cover the annual cost of spent fuel storage until the Department of Energy accepts ARRR's spent fuel. See Memorandum and Order (Ruling on Admissibility of Areas of Controversy) at 2 (May 22, 2014).1 II. Date, Time, and Location of Evidentiary Hearing The evidentiary hearing will commence at 10:00 AM Eastern Time (ET) on Tuesday, August 12, 2014 in the Atomic Safety and Licensing Board Panel's Rockville Hearing Room and, if practicable, will continue that day until complete. III. Availability of Documentary Information Regarding the Proceeding Documents related to this proceeding are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically via the publicly-available records component of NRC's document system (ADAMS). ADAMS is accessible from the NRC web site at www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR reference staff by telephone at (800) 397-4209 or (301) 415-4737 (available between 8:00 a.m. and 4:00 p.m., ET, Monday through Friday except federal holidays) or by e-mail to pdr@nrc.gov.

IV. Information Updates to Schedule Any updates or revisions to the evidentiary hearing schedule can be found on the NRC website at www.nrc.gov/public-involve/public-meetings/index.cfm, or by calling (800) 368-5642, extension 5036 (available between 7:00 a.m. and 9:00 p.m. ET, Monday through Friday, except 1 See also Safety Evaluation by the Office of Nuclear Reactor Regulation Indirect License Transfer of [ARRR] Due to the Proposed Acquisition of Aerotest Operations, Inc. by Nuclear Labyrinth, LLC Facility Operating License No. R-98 (July 24, 2013) at 9, 11; see also CLI-14-05, 76 NRC at __-__ (slip op. at 4-5).

federal holidays), or by calling (301) 415-5036 (available seven days a week, twenty-four hours a day). It is so ORDERED. THE ATOMIC SAFETY AND LICENSING BOARD

________________________________

E. Roy Hawkens PRESIDING OFFICER Rockville, Maryland July 29, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )

AEROTEST OPERATIONS, INC. ) Docket No. 50-228-LT

) ) ) ) (Aerotest Radiography Research Reactor) ) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE OF HEARING (Notice of Closed Evidentiary Hearing) have been served upon the following persons by Electronic Information Exchange. Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3F23 Washington, DC 20555-0001 E. Roy Hawkens E-mail: Roy.Hawkens@nrc.gov Kathleen Schroeder, Law Clerk E-mail: Kathleen.Schroeder@nrc.gov

U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov Pillsbury Winthrop Shaw Pittman LLP 2300 N Street NW Washington, DC 20037-1122 Kimberly Harshaw, Esq.

Jay Silberg, Esq. Maria Webb E-mail: Kimberly.Harshaw@pillsburylaw.com Jay.Silberg@pillsburylaw.com Maria.Webb@pillsburylaw.com Aerotest Operations, Inc., Docket No. 50-228-LT NOTICE OF HEARING (Notice of Closed Evidentiary Hearing) 2

U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Anita Ghosh, Esq. Christina England, Esq. Catherine Kanatas, Esq. Susan Uttal, Esq.

Edward Williamson, Esq.

Jeremy Wachutka, Esq. Sabrina Allen, Paralegal John Tibbetts, Paralegal E-mail: Anita.Ghosh@nrc.gov; Christina.England@nrc.gov; Catherine.Kanatas@nrc.gov; Susan.Uttal@nrc.gov; Edward.Williamson@nrc.gov; Jeremy.Wachutka@nrc.gov John.Tibbetts@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov [Original signed by Brian Newell ] Office of the Secretary of the Commission

Dated at Rockville, Maryland this 29th day of July, 2014