ML13226A407: Difference between revisions
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| issue date = 08/13/2013 | | issue date = 08/13/2013 | ||
| title = Joint Demand for Hearing on Denial of License Renewal and Indirect License Transfer Re Aerotest Radiography & Research Reactor Facility License No. R-098 | | title = Joint Demand for Hearing on Denial of License Renewal and Indirect License Transfer Re Aerotest Radiography & Research Reactor Facility License No. R-098 | ||
| author name = Silberg J | | author name = Silberg J, Harshaw K | ||
| author affiliation = Aerotest Operations, Inc, Nuclear Labyrinth LLC, Pillsbury, Winthrop, Shaw, Pittman, LLP | | author affiliation = Aerotest Operations, Inc, Nuclear Labyrinth LLC, Pillsbury, Winthrop, Shaw, Pittman, LLP | ||
| addressee name = | | addressee name = | ||
| Line 13: | Line 13: | ||
| document type = Legal-Pleading | | document type = Legal-Pleading | ||
| page count = 3 | | page count = 3 | ||
| project = | |||
| stage = Other | |||
}} | }} | ||
=Text= | |||
{{#Wiki_filter:August 13, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) | |||
) Docket No. 50-228 Aerotest Operations, Inc. ) License No. R-98 (Aerotest Radiography and ) | |||
Research Reactor) ) | |||
JOINT DEMAND FOR HEARING ON DENIAL OF LICENSE RENEWAL AND INDIRECT LICENSE TRANSFER REGARDING AEROTEST RADIOGRAPHY AND RESEARCH REACTOR FACILITY OPERATING LICENSE NO. R-98 On February 28, 2005, Aerotest Operations, Inc. (Aerotest) submitted to the Nuclear Regulatory Commission (NRC) an application to renew Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor (the License) | |||
(ADAMS Accession No. ML050660109). On May 30, 2012 Aerotest and Nuclear Labyrinth, LLC (Nuclear Labyrinth) jointly submitted to the NRC an application for approval of the indirect transfer of control of the License to Nuclear Labyrinth (ADAMS Accession Nos. ML12152A233 and ML12180A384). By letter to Mr. | |||
Michael Anderson, President of Aerotest, dated July 24, 2013, the Director of the NRCs Office of Nuclear Reactor Regulation (NRR) stated that Aerotests license renewal application and the application for approval of the indirect transfer of the License to Nuclear Labyrinth were denied (ADAMS Accession No. ML13120A598). | |||
Similarly, by letter to Dr. David M. Slaughter, Chief Executive Officer of Nuclear | |||
Labyrinth, dated July 15, 2013 (ADAMS Accession No. ML13134A390),1 the Director of NRR stated that the license transfer application was denied. Pursuant to 10 C.F.R. § 2.103(b) and the two above-referenced letters, Aerotest and Nuclear Labyrinth hereby jointly demand a hearing on the denials of the license renewal application and the application for approval of the indirect transfer of control of the License.2 Respectfully Submitted | |||
/signed electronically by/ | |||
Jay E. Silberg Kimberly A. Harshaw PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. | |||
Washington, DC 20037-1128 Tel. 202-663-8000 Counsel for Aerotest Operations, Inc. and Nuclear Labyrinth, LLC 1 | |||
In a letter dated August 2, 2013 to Dr. Slaughter, Gregory T. Bowman, Acting Deputy Director, Division of Policy and Rulemaking, NRR, stated that the letter dated July 15, 2013 to Dr. Slaughter was not issued until July 24, 2013, and that the deadline for requesting a hearing is August 13, 2013 (ADAMS Accession No. ML13214A343). | |||
2 Because 10 C.F.R. § 2.103(b) and the letters provide the right to demand a hearing, the provisions of 10 C.F.R. § 2.309 relating to a request for hearing do not apply. Emphasis added. See, e.g., | |||
Charlissa C. Smith (Denial of Senior Reactor Operator License), LBP-13-03, 77 NRC __ (slip op.) | |||
(Feb. 19, 2013); See also Nuclear Innovation North America LLC (South Texas Project Units 3 and 4), Order (Requesting Additional Briefing on NINAs Motion) (May 9, 2013) (questioning whether the Board had the authority to admit a contention put forth by an applicant and whether a hearing demand under 10 C.F.R. § 2.130(b)(2) provides an adequate remedy to address the Applicants concerns), and Nuclear Innovation North America LLC (South Texas Project Units 3 and 4), Order (Granting NINAs Motion to Toll Deadline for Filing of New Contention) (May 24, 2013). Should it be subsequently determined that the requirements of 10 C.F.R. § 2.309 apply to this Joint Demand for Hearing, Aerotest and Nuclear Labyrinth hereby respectfully request an appropriate extension of time to address those requirements. | |||
2 | |||
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) | |||
) Docket No. 50-228 Aerotest Operations, Inc. ) License No. R-98 | |||
) | |||
(Aerotest Radiography and ) | |||
Research Reactor) ) | |||
CERTIFICATE OF SERVICE I hereby certify that the foregoing Joint Demand for Hearing on Denial of License Renewal and Indirect License Transfer Regarding Aerotest Radiography and Research Reactor Facility Operating License No. R-98 has been served through the E-Filing system on the participants in the above-captioned proceeding this 13th day of August 2013. | |||
/Signed electronically by/ | |||
Kimberly A Harshaw 3}} | |||
Latest revision as of 15:43, 4 November 2019
| ML13226A407 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 08/13/2013 |
| From: | Silberg J, Harshaw K Aerotest, Nuclear Labyrinth LLC, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| License Renewal-Lic Trans, RAS 24919, Aerotest Operations, Inc. 50-228 | |
| Download: ML13226A407 (3) | |
Text
August 13, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
) Docket No. 50-228 Aerotest Operations, Inc. ) License No. R-98 (Aerotest Radiography and )
Research Reactor) )
JOINT DEMAND FOR HEARING ON DENIAL OF LICENSE RENEWAL AND INDIRECT LICENSE TRANSFER REGARDING AEROTEST RADIOGRAPHY AND RESEARCH REACTOR FACILITY OPERATING LICENSE NO. R-98 On February 28, 2005, Aerotest Operations, Inc. (Aerotest) submitted to the Nuclear Regulatory Commission (NRC) an application to renew Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor (the License)
(ADAMS Accession No. ML050660109). On May 30, 2012 Aerotest and Nuclear Labyrinth, LLC (Nuclear Labyrinth) jointly submitted to the NRC an application for approval of the indirect transfer of control of the License to Nuclear Labyrinth (ADAMS Accession Nos. ML12152A233 and ML12180A384). By letter to Mr.
Michael Anderson, President of Aerotest, dated July 24, 2013, the Director of the NRCs Office of Nuclear Reactor Regulation (NRR) stated that Aerotests license renewal application and the application for approval of the indirect transfer of the License to Nuclear Labyrinth were denied (ADAMS Accession No. ML13120A598).
Similarly, by letter to Dr. David M. Slaughter, Chief Executive Officer of Nuclear
Labyrinth, dated July 15, 2013 (ADAMS Accession No. ML13134A390),1 the Director of NRR stated that the license transfer application was denied. Pursuant to 10 C.F.R. § 2.103(b) and the two above-referenced letters, Aerotest and Nuclear Labyrinth hereby jointly demand a hearing on the denials of the license renewal application and the application for approval of the indirect transfer of control of the License.2 Respectfully Submitted
/signed electronically by/
Jay E. Silberg Kimberly A. Harshaw PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. 202-663-8000 Counsel for Aerotest Operations, Inc. and Nuclear Labyrinth, LLC 1
In a letter dated August 2, 2013 to Dr. Slaughter, Gregory T. Bowman, Acting Deputy Director, Division of Policy and Rulemaking, NRR, stated that the letter dated July 15, 2013 to Dr. Slaughter was not issued until July 24, 2013, and that the deadline for requesting a hearing is August 13, 2013 (ADAMS Accession No. ML13214A343).
2 Because 10 C.F.R. § 2.103(b) and the letters provide the right to demand a hearing, the provisions of 10 C.F.R. § 2.309 relating to a request for hearing do not apply. Emphasis added. See, e.g.,
Charlissa C. Smith (Denial of Senior Reactor Operator License), LBP-13-03, 77 NRC __ (slip op.)
(Feb. 19, 2013); See also Nuclear Innovation North America LLC (South Texas Project Units 3 and 4), Order (Requesting Additional Briefing on NINAs Motion) (May 9, 2013) (questioning whether the Board had the authority to admit a contention put forth by an applicant and whether a hearing demand under 10 C.F.R. § 2.130(b)(2) provides an adequate remedy to address the Applicants concerns), and Nuclear Innovation North America LLC (South Texas Project Units 3 and 4), Order (Granting NINAs Motion to Toll Deadline for Filing of New Contention) (May 24, 2013). Should it be subsequently determined that the requirements of 10 C.F.R. § 2.309 apply to this Joint Demand for Hearing, Aerotest and Nuclear Labyrinth hereby respectfully request an appropriate extension of time to address those requirements.
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
) Docket No. 50-228 Aerotest Operations, Inc. ) License No. R-98
)
(Aerotest Radiography and )
Research Reactor) )
CERTIFICATE OF SERVICE I hereby certify that the foregoing Joint Demand for Hearing on Denial of License Renewal and Indirect License Transfer Regarding Aerotest Radiography and Research Reactor Facility Operating License No. R-98 has been served through the E-Filing system on the participants in the above-captioned proceeding this 13th day of August 2013.
/Signed electronically by/
Kimberly A Harshaw 3