ML113620038

Note to File Teleconference on December 9, 2011 Confirmatory Action Letter No. NRR-2011-001 Progress Report

ML113620038
Person / Time
Site:	Aerotest
Issue date:	12/12/2011
From:	Traiforos S Research and Test Reactors Licensing Branch
To:	Research and Test Reactors Licensing Branch
Traiforos S, NRR/PRTA, 301-415-3965
References
NRR-2011-001
Download: ML113620038 (2)

Text

NOTE TO: File FROM: Spyros Traiforos, Project Manager for Aerotest DATE: December 12, 2011

SUBJECT:

Minutes from the informal conference call of December 9, 2011, between the licensee (Aerotest Operations, Inc.) and the NRC Conference call attendees:

NRC Jessie Quichocho, Chief Research and Test Reactors Licensing Branch Linh Tran, Research and Test Reactors Licensing Branch John Hickman, FSME Spyros Traiforos, PM for Aerotest Suzan Uttal, OGC Aerotest Dario Brisingella, President, Aerotest Operations, Inc.

Mike Anderson, Corporate Secretary, Aerotest Operations, Inc.

Sandra Warren, General Manager, Aerotest facility Robert Haemer, Pillsbury, Counsel for Aerotest Operations, Inc.

Jay Silberg, Pillsbury, Counsel for Aerotest Operations, Inc.

Discussion In the opening statement, the NRC stated that the purpose of this call was to discuss the most recent bi-weekly letter progress report of Aerotest dated November 29, 2011, and to accommodate Aerotests request for a conference call with the NRC.

The licensee (Aerotest Operations, Inc.) stated that divestiture efforts are ongoing with three prospective buyers. They have written terms of purchase with two of them and expect the board of directors will consider them in late December. Aerotest expects an offer in writing in mid-January. The licensee stated that they received a decommissioning plan from their contractor and provided it to their lawyers for review.

The Aerotest counsel from Pillsbury stated that there are two challenges with the decommissioning plan. He stated that the plan assumes that fuel has been removed from the site. He posed the question: What do we do with the fuel? He stated that they (Pillsbury and Aerotest) want input from the NRC on the fuel management and decommissioning.

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The NRC responded that 10 CFR 50.82(b) does not require that the fuel be removed from the site in order to start decommissioning and that the licensee address fuel management as part of their decommissioning plan. The NRC also stated that considering the length of time associated with DOE accepting the fuel, which is 2055 or later, that the Aerotest decommissioning plan should address SAFSTOR during the period they store the fuel. The NRC informed the licensee that the regulations require submission of a decommissioning plan even though there is a delay in decommissioning activities. The licensee stated that they would not be able to submit a decommissioning plan by the required date of December 12, 2011 and that they understood our position.

The NRC stated to the licensee that any discussions specific to their decommissioning plan should take place in a public meeting.

The NRC informed the licensee that according to 10 CFR 50.82(b) a licensee that permanently ceases operations must make application for license termination within 2 years following permanent cessation of operations. The NRC reiterated that Aerotest ceased operation on October 15, 2010. The NRC also informed the licensee that the due date of December 12, 2012, was consistent with the CAL based on the licensee submitting the decommissioning plan 270 days after selecting a decommissioning contractor, which was March 16, 2011.

The NRC reminded the licensee that the CAL required the submission of an application for a possession-only license amendment either in conjunction with submitting the decommissioning plan or within 30 days of when discussions with current potential buyers end, whichever occurs first.

In their concluding remarks, the licensee stated that:

• They will continue with the due diligence of seeking prospective buyers and to divest the company to resolve the foreign ownership issue.

• They will let the NRC know when they will submit the decommissioning plan

• They will finalize the spent fuel management option In closing, the NRC informed the licensee that they will provide a response to their status letter dated November 29, 2011. Additionally, the NRC informed the licensee that they will examine available options for actions resulting from the licensee not meeting their commitments in the CAL.

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