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| | number = ML13134A390 | | | number = ML13134A390 |
| | issue date = 07/15/2013 | | | issue date = 07/15/2013 |
| | title = Aerotest Operations, Inc., Denial of License Transfer Regarding the Aerotest Radiography and Research Reactor, Facility Operating License No. R-098 (TAC ME8811) | | | title = Denial of License Transfer Regarding the Aerotest Radiography and Research Reactor, Facility Operating License No. R-098 |
| | author name = Leeds E J | | | author name = Leeds E |
| | author affiliation = NRC/NRR/DPR | | | author affiliation = NRC/NRR/DPR |
| | addressee name = Slaughter D M | | | addressee name = Slaughter D |
| | addressee affiliation = Nuclear Labyrinth LLC | | | addressee affiliation = Nuclear Labyrinth LLC |
| | docket = 05000228 | | | docket = 05000228 |
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| =Text= | | =Text= |
| {{#Wiki_filter:OFFICIAL USE ONLY - PROPRIETARY INFORMATION OFFICIAL USE ONLY - PROPRIETARY INFORMATION July 15, 2013 Dr. David M. Slaughter Chief Executive Officer Nuclear Labyrinth, LLC 10874 South Bay Meadow Circle Sandy, UT 84092 | | {{#Wiki_filter:OFFICIAL USE ONLY - PROPRIETARY INFORMATION July 15, 2013 Dr. David M. Slaughter Chief Executive Officer Nuclear Labyrinth, LLC 10874 South Bay Meadow Circle Sandy, UT 84092 |
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| ==SUBJECT:== | | ==SUBJECT:== |
| AEROTEST OPERATIONS, INC. - DENIAL OF LICENSE TRANSFER REGARDING THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR, FACILITY OPERATING LICENSE NO. R-98 (TAC NO. ME8811) | | AEROTEST OPERATIONS, INC. - DENIAL OF LICENSE TRANSFER REGARDING THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR, FACILITY OPERATING LICENSE NO. R-98 (TAC NO. ME8811) |
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| ==Dear Dr. Slaughter:== | | ==Dear Dr. Slaughter:== |
| The U.S. Nuclear Regulatory Commission (NRC or Commission) staff has reviewed Aerotest Operations, Inc. (Aerotest), and Nuclear Labyrinth, LLC's application for consent to transfer Facility Operating License No. R-98 to Nuclear Labyrinth, LLC, and hereby denies the application to transfer the license. On May 30, 2012, Aerotest and Nuclear Labyrinth, LLC (the applicants) submitted an application for an indirect license transfer (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML12152A233 and ML12180A384) of Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor (ARRR) from Aerotest to Nuclear Labyrinth, LLC. The NRC requested supplemental information on July 5, 2012 (ADAMS Accession Nos. ML121740317 and ML121740343), and received responses on July 19, 2012 (ADAMS Accession No. ML122021201). The NRC accepted the application for review on August 14, 2012 (ADAMS Accession No. ML12213A486). | | |
| | The U.S. Nuclear Regulatory Commission (NRC or Commission) staff has reviewed Aerotest Operations, Inc. (Aerotest), and Nuclear Labyrinth, LLCs application for consent to transfer Facility Operating License No. R-98 to Nuclear Labyrinth, LLC, and hereby denies the application to transfer the license. On May 30, 2012, Aerotest and Nuclear Labyrinth, LLC (the applicants) submitted an application for an indirect license transfer (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML12152A233 and ML12180A384) of Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor (ARRR) from Aerotest to Nuclear Labyrinth, LLC. The NRC requested supplemental information on July 5, 2012 (ADAMS Accession Nos. ML121740317 and ML121740343), and received responses on July 19, 2012 (ADAMS Accession No. ML122021201). The NRC accepted the application for review on August 14, 2012 (ADAMS Accession No. ML12213A486). |
| The NRC issued a request for additional information (RAI) on September 14, 2012 (ADAMS Accession Nos. ML12242A460 and ML12242A479). The applicants responded on October 15, 2012 (ADAMS Accession No. ML12291A508), but did not adequately demonstrate financial assurance. On December 10, 2012, the NRC issued another RAI (ADAMS Accession Nos. ML12339A181 and ML12339A189) which was discussed in a public meeting on December 19, 2012 (ADAMS Accession No. ML13018A003). The purpose of the public meeting was to ensure that the applicants understood the financial assurance requirements for license transfer approval. The applicants responded to the RAI on January 10, 2013 (ADAMS Accession No. ML13015A395). | | The NRC issued a request for additional information (RAI) on September 14, 2012 (ADAMS Accession Nos. ML12242A460 and ML12242A479). The applicants responded on October 15, 2012 (ADAMS Accession No. ML12291A508), but did not adequately demonstrate financial assurance. On December 10, 2012, the NRC issued another RAI (ADAMS Accession Nos. ML12339A181 and ML12339A189) which was discussed in a public meeting on December 19, 2012 (ADAMS Accession No. ML13018A003). The purpose of the public meeting was to ensure that the applicants understood the financial assurance requirements for license transfer approval. The applicants responded to the RAI on January 10, 2013 (ADAMS Accession No. ML13015A395). |
| NOTE: ENCLOSURE 1 TRANSMITTED HEREWITH CONTAINS PROPRIETARY INFORMATION. WHEN SEPARATED FROM ENCLOSURE 1 THIS DOCUMENT IS DECONTROLLED. | | NOTE: ENCLOSURE 1 TRANSMITTED HEREWITH CONTAINS PROPRIETARY INFORMATION. WHEN SEPARATED FROM ENCLOSURE 1 THIS DOCUMENT IS DECONTROLLED. |
| OFFICIAL USE ONLY - PROPRIETARY INFORMATION D. Slaughter OFFICIAL USE ONLY - PROPRIETARY INFORMATION Enclosure 1 is the NRC staff's non-public safety evaluation for the indirect license transfer request (enclosure 2 is the public version located under ADAMS Accession No. ML13129A001) which concludes that the NRC does not have reasonable assurance, as required by Title 10 of the Code of Federal Regulations (10 CFR), Section 50.33, "Contents of applications; general information," that Nuclear Labyrinth, LLC, would have sufficient funding to conduct the activities authorized by the ARRR license if the license were transferred. Therefore, the application for transfer of Facility Operating License No. R-98 to Nuclear Labyrinth, LLC, is denied. In accordance with 10 CFR 2.103(b), you have the right to demand a hearing on the license transfer denial within 20 days of the date of this letter. | | OFFICIAL USE ONLY - PROPRIETARY INFORMATION |
| If you request an adjudicatory hearing pursuant to 10 CFR 2.103(b)(2) based on the denial contained in this letter, submit your request electronically through the NRC's E-Filing system in accordance with the requirements of 10 CFR 2.302(a) through (g). 10 CFR 2.302(a) states: (a) Documents filed in Commission adjudicatory proceedings subject to this part shall be electronically transmitted through the E-Filing system, unless the Commission or presiding officer grants an exemption permitting an alternative filing method or unless the filing falls within the scope of paragraph (g)(1) of this section [i.e., information that may not be transmitted electronically for security or other reasons]. In addition, 10 days before the date your request for hearing is due, you must request a digital ID certificate from the NRC in order to access the Electronic Information Exchange (EIE) system. The instructions for obtaining a digital certificate are found in 10 CFR 2.302(f) and on the NRC Web site at: http://www.nrc.gov/site-help/e-submittals.html. In accordance with 10 CFR 2.390 and the NRC's "Rules of Practice," a copy of this letter and enclosure 2 will be made available electronically for public inspection in the NRC Public Document Room and in ADAMS, accessible through the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. | | |
| OFFICIAL USE ONLY - PROPRIETARY INFORMATION D. Slaughter OFFICIAL USE ONLY - PROPRIETARY INFORMATION Please contact Spyros Traiforos by phone at 301-415-3965 or by e-mail at Spyros.Traiforos@nrc.gov should you have any questions. Sincerely, /RA/ Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-228 | | OFFICIAL USE ONLY - PROPRIETARY INFORMATION D. Slaughter Enclosure 1 is the NRC staffs non-public safety evaluation for the indirect license transfer request (enclosure 2 is the public version located under ADAMS Accession No. ML13129A001) which concludes that the NRC does not have reasonable assurance, as required by Title 10 of the Code of Federal Regulations (10 CFR), Section 50.33, Contents of applications; general information, that Nuclear Labyrinth, LLC, would have sufficient funding to conduct the activities authorized by the ARRR license if the license were transferred. Therefore, the application for transfer of Facility Operating License No. R-98 to Nuclear Labyrinth, LLC, is denied. |
| | In accordance with 10 CFR 2.103(b), you have the right to demand a hearing on the license transfer denial within 20 days of the date of this letter. |
| | If you request an adjudicatory hearing pursuant to 10 CFR 2.103(b)(2) based on the denial contained in this letter, submit your request electronically through the NRCs E-Filing system in accordance with the requirements of 10 CFR 2.302(a) through (g). |
| | 10 CFR 2.302(a) states: |
| | (a) Documents filed in Commission adjudicatory proceedings subject to this part shall be electronically transmitted through the E-Filing system, unless the Commission or presiding officer grants an exemption permitting an alternative filing method or unless the filing falls within the scope of paragraph (g)(1) of this section [i.e., information that may not be transmitted electronically for security or other reasons]. |
| | In addition, 10 days before the date your request for hearing is due, you must request a digital ID certificate from the NRC in order to access the Electronic Information Exchange (EIE) system. The instructions for obtaining a digital certificate are found in 10 CFR 2.302(f) and on the NRC Web site at: http://www.nrc.gov/site-help/e-submittals.html. |
| | In accordance with 10 CFR 2.390 and the NRC's "Rules of Practice," a copy of this letter and enclosure 2 will be made available electronically for public inspection in the NRC Public Document Room and in ADAMS, accessible through the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. |
| | OFFICIAL USE ONLY - PROPRIETARY INFORMATION |
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| | OFFICIAL USE ONLY - PROPRIETARY INFORMATION D. Slaughter Please contact Spyros Traiforos by phone at 301-415-3965 or by e-mail at Spyros.Traiforos@nrc.gov should you have any questions. |
| | Sincerely, |
| | /RA/ |
| | Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-228 |
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| ==Enclosures:== | | ==Enclosures:== |
| 1. Nonpublic Safety Evaluation 2. Public Safety Evaluation cc w/encl 2: See next page Aerotest Operations, Inc. Docket No. 50-228 Michael S. Anderson, President Aerotest Operations, Inc. Autoliv, ASP, Inc. 1320 Pacific Drive Auburn Hills, MI 48326 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 Research Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Pillsbury Winthrop Shaw Pittman LLP ATTN: Jay Silberg 2300 N Street, NW Washington, DC 20037-1122 Pillsbury Winthrop Shaw Pittman LLP ATTN: Kimberly Harshaw 2300 N Street, NW Washington, DC 20037-1122 OFFICIAL USE ONLY - PRORIETARY INFORMATION D. Slaughter OFFICIAL USE ONLY - PROPRIETARY INFORMATION Please contact Spyros Traiforos by phone at 301-415-3965 or by e-mail at Spyros.Traiforos@nrc.gov should you have any questions. Sincerely, /RA/ Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-228 | | : 1. Nonpublic Safety Evaluation |
| | : 2. Public Safety Evaluation cc w/encl 2: See next page OFFICIAL USE ONLY - PROPRIETARY INFORMATION |
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| ==Enclosures:==
| | Aerotest Operations, Inc. Docket No. 50-228 Michael S. Anderson, President Aerotest Operations, Inc. |
| 1. Non Public Safety Evaluation 2. Public Safety Evaluation cc w/encl 2: See next page DISTRIBUTION: PUBLIC PRTA Reading File RidsNrrAdro RidsNrrDpr RidsNrrOd RidsNrrMailCenter RidsNrrDprPrta RidsNrrDprPrtb RidsOpaMail RidsOgcMailCenter RidsOcaMail ASimmons AAdams GLappert GHill STraiforos SBurnell JHickman JWeil MHalter WMaier, Rgn IV ADAMS Accession No.: Package: ML13134A376 Letter: ML13134A390 Non PublicSafety Evaluation: ML13128A403, Public Safety Evaluation: ML13129A001 NRR-106
| | Autoliv, ASP, Inc. |
| | 1320 Pacific Drive Auburn Hills, MI 48326 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 Research Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Pillsbury Winthrop Shaw Pittman LLP ATTN: Jay Silberg 2300 N Street, NW Washington, DC 20037-1122 Pillsbury Winthrop Shaw Pittman LLP ATTN: Kimberly Harshaw 2300 N Street, NW Washington, DC 20037-1122 |
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| OFFICIAL RECORD COPY OFFICE NRR/DPR/PRLB/PM Tech Editor NRR/DPR/PRLB/LA NRR/DPR/PRLB/BC NAME STraiforos JDougherty GLappert AAdams DATE 4/19/2013 4/24/2013 5/23/2013 5/23/2013 OFFICE NRR/DPR/D OGC NRR/D NAME LKokajko SUttal NLO ELeeds DATE 6/25/2013 7/2/2013 7/15/2013
| | Package: ML13134A376 Letter: ML13134A390 Non PublicSafety Evaluation: ML13128A403, Public Safety Evaluation: ML13129A001 NRR-106 OFFICE NRR/DPR/PRLB/PM Tech Editor NRR/DPR/PRLB/LA NRR/DPR/PRLB/BC NAME STraiforos JDougherty GLappert AAdams DATE 4/19/2013 4/24/2013 5/23/2013 5/23/2013 OFFICE NRR/DPR/D OGC NRR/D NAME LKokajko SUttal ELeeds NLO DATE 6/25/2013 7/2/2013 7/15/2013}} |
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Letter Sequence Other |
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Results
Other: ML121740317, ML121740343, ML12307A343, ML13134A390, ML13150A265, ML13158A164, ML13226A407, ML13226A412, ML13233A371, ML13239A225, ML13241A358, ML13252A307, ML13252A315, ML14100A094, ML14100A558, 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
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MONTHYEARML12180A3842012-05-30030 May 2012
Application for Consent to Indirect Transfer of Control of Licenses
Project stage: Request
ML12152A2332012-05-30030 May 2012
Transmittal of Application for Approval of Indirect Transfer of Control of License Pursuant to 10 C.F.R 50.80
Project stage: Request
ML1217403172012-07-0505 July 2012
Labyrinth LLC Request to Supplement the License Transfer Application
Project stage: Other
ML1217403432012-07-0505 July 2012
Labyrinth LLC Request for Supplemental Information
Project stage: Other
ML1220212012012-07-19019 July 2012
Response to Request to Aerotest Operations, Inc. and Nuclear Labyrinth, LLC to Supplement the License Transfer Application
Project stage: Supplement
ML12200A0582012-07-26026 July 2012
Request for Withholding Information from Public Disclosure from Aerotest Operations, Inc. and Nuclear Labyrinth, Llc. Tac No. ME8811)
Project stage: Withholding Request Acceptance
ML12220A2602012-08-0909 August 2012
Request for Withholding Information from Public Disclosure July 19, 2012 Supplement to Indirect License Transfer
Project stage: Withholding Request Acceptance
ML12213A4862012-08-14014 August 2012
Acceptance of Requested Indirect License Transfer Application
Project stage: Acceptance Review
ML12242A4792012-09-14014 September 2012
Inc., and Nuclear Labyrinth LLC - Enclosure 2 NON-PROP Request for Additional Information Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor
Project stage: RAI
ML12242A4602012-09-14014 September 2012
Labyrinth LLC - Transmittal Letter for Proprietary and Non-Prop Request for Additional Information Application for Approval of Indirect Transfer of Control of License of Arrr Pursuant to 10 CFR 50.80 (TAC ME8811
Project stage: RAI
ML12291A5082012-10-15015 October 2012
Response to Request for Additional Information Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10 CFR 50.80
Project stage: Response to RAI
ML12307A3432012-11-20020 November 2012
Letter to the Licensee Notice of Consideration of Approval of Indirect Transfer and Conforming Amendment, Opportunity for a Hearing, and Order
Project stage: Other
ML12307A2902012-11-30030 November 2012
Inc.- Federal Register Notice of Consideration of Indirect License Transfer and Conforming Amendment, Opportunity for Hearing, and Order Imposing Procedures for Access to SUNSI
Project stage: Request
ML12338A0012012-12-0404 December 2012
Forthcoming Public Meeting with Aerotest Operations, Inc., and Nuclear Labyrinth LLC Discuss NRC Request for Additional Information Indirect License Transfer
Project stage: RAI
ML13015A3952013-01-10010 January 2013
Response to Request for Additional Information Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10 CFR 50.80
Project stage: Response to RAI
ML13018A0032013-01-18018 January 2013
Public Meeting Summary with Aerotest Operations, Inc., and Nuclear Labyrinth, LLC NRC Request for Additional Information on License Transfer Application
Project stage: RAI
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 Amendment2013-04-25025 April 2013
Comment (2) of Jay E. Silberg for Aerotest Operations, Inc. and Nuclear Labyrinth, LLC Regarding Notice of Consideration of Indirect Transfer and Conforming Amendment
Project stage: Other
ML13150A2652013-06-18018 June 2013
Response to Comment Federal Register Notice of Consideration of Indirect Transfer and Conforming Amendment (Tac No. ME8811)
Project stage: Other
ML13134A3902013-07-15015 July 2013
Denial of License Transfer Regarding the Aerotest Radiography and Research Reactor, Facility Operating License No. R-098
Project stage: Other
ML13158A1642013-07-24024 July 2013
Order Prohibiting Operation of Aerotest Radiography and Research Reactor, Facility Operating License No. R-98
Project stage: Other
ML13226A4122013-08-12012 August 2013
Joint Answer to and Demand for Hearing on Order Prohibiting Operation of Aerotest Radiography & Research Reactor Facility Operating License No. R-098
Project stage: Other
ML13226A4072013-08-13013 August 2013
Joint Demand for Hearing on Denial of License Renewal and Indirect License Transfer Re Aerotest Radiography & Research Reactor Facility License No. R-098
Project stage: Other
ML13233A3712013-08-21021 August 2013
NRC Staff Motion to Sever the Demand for Hearing on Denial of License Renewal from the Demand for Hearing on Indirect License Transfer Regarding Aerotest Radiography and Research Reactor
Project stage: Other
ML13239A2252013-08-27027 August 2013
NRC Staff Response to Joint Answer to and Demand for Hearing on Order Prohibiting Operation of Aerotest Radiography and Research Reactor Facility Operating License No. R-98
Project stage: Other
ML13241A3582013-08-29029 August 2013
Joint Answer to NRC Staff Motion to Sever the Demand for Hearing on Denial of License Renewal from the Demand for Hearing on Indirect License Transfer Regarding Aerotest Radiography and Research Reactor
Project stage: Other
ML13252A3072013-09-0909 September 2013
NRC Staff Answer to Joint Demand for Hearing on Denial of License Renewal Re Aerotest Radiography & Research Reactor Facility Operating License No. R-98
Project stage: Other
ML13252A3152013-09-0909 September 2013
NRC Staff Answer to Joint Demand for Hearing on Denial of Indirect License Transfer Re Aerotest Radiography & Research Reactor Facility Operating License No. R-98
Project stage: Other
ML14030A5052014-01-30030 January 2014
Request for Action on Demands for Hearing
Project stage: Request
ML14100A0942014-04-10010 April 2014
Commission Memorandum and Order (CLI-14-05) with Corrected Certificate of Service
Project stage: Other
ML14100A5582014-04-10010 April 2014
Secy Referral Memorandum to the ASLB
Project stage: Other
2013-01-18
[Table View] |
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Category:Letter
MONTHYEARIR 05000228/20230012024-02-0505 February 2024
NRC Inspection Report 050-00228/2023-001, Disputed Cited Violation and Minor Violation Revised, EA-23-118
ML23279A1062023-10-0202 October 2023
Response to Violation 05000228/2023001-001B
ML23255A0342023-09-0909 September 2023
Response to Violation 050-00228/2023-001-00lA
ML23255A0362023-09-0909 September 2023
Response to Inspection Report 050-00228/2023-001
ML23219A1882023-08-24024 August 2023
NRC Inspection Report 05000228/2023001, and Notice of Violation
ML23187A0562023-07-0101 July 2023
Radiation Safety Officer Change Update
ML23187A0582023-07-0101 July 2023
July 1, 2022 Thru June 30, 2023 Summary of Changes, Tests, and Experiments
ML23157A0662023-05-24024 May 2023
Letter from David Slaughter, Aerotest Operations, Inc. Inadequate Oversight of Non-Power Reactor OIG Case No. 21-012 and Requested Payment for Damages Caused by the Nrc'S Inadequate Oversight
ML22361A1022023-02-24024 February 2023
Reactor Decommissioning Branch Project Management Changes for Some Decommissioning Facilities and Establishment of Backup Project Manager for All Decommissioning Facilities
ML22340A0062022-11-16016 November 2022
Reference Documents from Decommissioning Plan
ML22215A1522022-07-21021 July 2022
Aerotest Radiography and Research Reactor - AO RAI Responses for Decommissioning Plan
ML22187A0852022-07-0101 July 2022
Inc - July 1, 2021 Thru June 30, 2022 Summary of Changes, Tests, and Experiments
ML22152A2522022-06-28028 June 2022
Request for Additional Information on Review of Request for Amendment to Approve Decommissioning Plan, Arrr (License No. R-98, Docket No. 50-228)
ML22060A2602022-03-21021 March 2022
Change in NRC Staff Project Management Responsibility for the Aerotest Radiography and Research Reactor
ML22040A1992022-03-0909 March 2022
Examination Confirmation Letter No. 50-288/OL-22-03, Reed College
ML22025A2002022-01-20020 January 2022
Amendment to AO Decommissioning Plan Submittal Letter Dated July 20, 2021, Agencywide Documents Access, and Management System (ADAMS) Accession No. ML21230A304
ML21307A3242022-01-12012 January 2022
Request for Supplemental Information for Decommissioning Plan, Arrr (License R-98, Docket 50-228)
ML21344A0332022-01-0303 January 2022
Aerotest Letter from the Chief Financial Officer Regarding Additional Information for the Fees Assessed Under to Aerotest Operations, Inc. (Aerotest) within Invoice Number Lfb 22-0346
ML21361A0472021-12-21021 December 2021
Response to December 6, 2021 NRC Pol Issuance; the Licensee and Its Reactor Safeguard Committee Request a Reasonable Opportunity to Review and Address Short Comings of the Draft Licensee and Technical Specifications Along with the Draft Sa
ML21242A4632021-12-0606 December 2021
Issuance of License Amendment No. 6 to Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor with Partial Denial of Amendment Request
ML21307A1252021-10-28028 October 2021
Letter Regarding Charges Billed
ML21209A5192021-07-20020 July 2021
Aerotest Radiography and Research Reactor, Response to NRC Letter Dated July 12, 2021 (ML21188A391)
ML21230A3042021-07-20020 July 2021
Decommissioning Plan Submittal (Redacted)
ML21147A3732021-07-19019 July 2021
Correction of Letters Regarding Closure of Confirmatory Action Letter No. NRR-04-003 and Review of Physical Security Plan
ML21188A3912021-07-12012 July 2021
Inc. - Revised Completion Date Possession-Only License Amendment Request for the Aerotest Radiography and Research Reactor Facility Operating License
ML21188A2162021-07-0101 July 2021
July 1, 2020 Through June 30, 2021 Summary of Changes, Tests, and Experiments
ML21193A0892021-07-0101 July 2021
Emergency Plan (Redacted)
ML21181A1232021-06-22022 June 2021
License and TS Amendments
ML21147A0602021-05-19019 May 2021
Response to RAI 28 and 29
ML21056A3172021-04-30030 April 2021
CFO Response to Aerotest November 11 2020 Letter
ML21126A1502021-04-28028 April 2021
License and TS Amendments
ML21098A1572021-03-31031 March 2021
Response to RAI CFH Training and Requalification Program- 3/30/21
ML21118A0252021-03-30030 March 2021
Confirmatory Order
ML21047A4682021-03-30030 March 2021
Request for Additional Information Possession-Only License Amendment Request for the Aerotest Radiography and Research Reactor Facility Operating License No. R-98
ML21034A6262021-03-12012 March 2021
Request for Additional Information Possession-Only License Amendment Request for the Aerotest Radiography and Research Reactor Facility Operating License No. R-098
ML21048A1392021-03-0505 March 2021
Acknowledgement of Letter Regarding Decommissioning Plan and Exercise of Enforcement Discretion
ML21004A0792021-01-0707 January 2021
Review of Physical Security Plan in Support of Possession-Only License Amendment Request License No. R-98
ML20345A0312020-12-28028 December 2020
CFO Response to Aerotest November 2020 Letter Re Lfb 20-1849
IR 05000228/20202022020-12-10010 December 2020
U.S. Nuclear Regulatory Commission Security Inspection Report No. 05000228/2020202 and Notice of Violation - Non-OUO-SRI (Cover Letter)
ML20332A0322020-11-18018 November 2020
Unable to Submit Decommissioning Plan by December 5, 2020 Due to COVID-19
ML20295A4242020-11-16016 November 2020
Notification of Mailing Address Change Regarding Submittal of Fingerprint Cards
ML20325A1762020-11-11011 November 2020
Response to NRC CFO, Letter Dated April 18, 2019 Re Reimbursement Request for Activities Associated with the Fees That Were Not Performed in a Satisfactory Manner
ML20325A1342020-11-10010 November 2020
Letter Disputing to Make Payment for Services That Are Not or Poorly Rendered
ML20289A4772020-10-23023 October 2020
Aerotest Response Letter from D. Slaughter Dated September 14, 2020 Docket 50-228
ML20304A1532020-10-21021 October 2020
Response to Notice of Violation
IR 05000228/20202012020-10-15015 October 2020
U.S. Nuclear Regulatory Commission Routine Inspection Report No. 05000228/2020201 and Notice of Violation
ML20276A2472020-09-28028 September 2020
Aerotest Radiography and Research Reactor - Updated Arrr Security Plan
ML20234A6312020-09-17017 September 2020
Request for Clarification Physical Security Plan Review - Cover Letter - (Public Version)
ML20248H4602020-08-28028 August 2020
Inc - List of Explanations, Changes, and Justifications for Raj CFH Training and Requalification Program
ML20177A2032020-07-27027 July 2020
Request for Additional Information Possession-Only License Amendment Request to Use Certified Fuel Handlers for the Aerotest Radiography and Research Reactor Facility Operating License No. R-98
2024-02-05
[Table view] |
Text
OFFICIAL USE ONLY - PROPRIETARY INFORMATION July 15, 2013 Dr. David M. Slaughter Chief Executive Officer Nuclear Labyrinth, LLC 10874 South Bay Meadow Circle Sandy, UT 84092
SUBJECT:
AEROTEST OPERATIONS, INC. - DENIAL OF LICENSE TRANSFER REGARDING THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR, FACILITY OPERATING LICENSE NO. R-98 (TAC NO. ME8811)
Dear Dr. Slaughter:
The U.S. Nuclear Regulatory Commission (NRC or Commission) staff has reviewed Aerotest Operations, Inc. (Aerotest), and Nuclear Labyrinth, LLCs application for consent to transfer Facility Operating License No. R-98 to Nuclear Labyrinth, LLC, and hereby denies the application to transfer the license. On May 30, 2012, Aerotest and Nuclear Labyrinth, LLC (the applicants) submitted an application for an indirect license transfer (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML12152A233 and ML12180A384) of Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor (ARRR) from Aerotest to Nuclear Labyrinth, LLC. The NRC requested supplemental information on July 5, 2012 (ADAMS Accession Nos. ML121740317 and ML121740343), and received responses on July 19, 2012 (ADAMS Accession No. ML122021201). The NRC accepted the application for review on August 14, 2012 (ADAMS Accession No. ML12213A486).
The NRC issued a request for additional information (RAI) on September 14, 2012 (ADAMS Accession Nos. ML12242A460 and ML12242A479). The applicants responded on October 15, 2012 (ADAMS Accession No. ML12291A508), but did not adequately demonstrate financial assurance. On December 10, 2012, the NRC issued another RAI (ADAMS Accession Nos. ML12339A181 and ML12339A189) which was discussed in a public meeting on December 19, 2012 (ADAMS Accession No. ML13018A003). The purpose of the public meeting was to ensure that the applicants understood the financial assurance requirements for license transfer approval. The applicants responded to the RAI on January 10, 2013 (ADAMS Accession No. ML13015A395).
NOTE: ENCLOSURE 1 TRANSMITTED HEREWITH CONTAINS PROPRIETARY INFORMATION. WHEN SEPARATED FROM ENCLOSURE 1 THIS DOCUMENT IS DECONTROLLED.
OFFICIAL USE ONLY - PROPRIETARY INFORMATION
OFFICIAL USE ONLY - PROPRIETARY INFORMATION D. Slaughter Enclosure 1 is the NRC staffs non-public safety evaluation for the indirect license transfer request (enclosure 2 is the public version located under ADAMS Accession No. ML13129A001) which concludes that the NRC does not have reasonable assurance, as required by Title 10 of the Code of Federal Regulations (10 CFR), Section 50.33, Contents of applications; general information, that Nuclear Labyrinth, LLC, would have sufficient funding to conduct the activities authorized by the ARRR license if the license were transferred. Therefore, the application for transfer of Facility Operating License No. R-98 to Nuclear Labyrinth, LLC, is denied.
In accordance with 10 CFR 2.103(b), you have the right to demand a hearing on the license transfer denial within 20 days of the date of this letter.
If you request an adjudicatory hearing pursuant to 10 CFR 2.103(b)(2) based on the denial contained in this letter, submit your request electronically through the NRCs E-Filing system in accordance with the requirements of 10 CFR 2.302(a) through (g).
10 CFR 2.302(a) states:
(a) Documents filed in Commission adjudicatory proceedings subject to this part shall be electronically transmitted through the E-Filing system, unless the Commission or presiding officer grants an exemption permitting an alternative filing method or unless the filing falls within the scope of paragraph (g)(1) of this section [i.e., information that may not be transmitted electronically for security or other reasons].
In addition, 10 days before the date your request for hearing is due, you must request a digital ID certificate from the NRC in order to access the Electronic Information Exchange (EIE) system. The instructions for obtaining a digital certificate are found in 10 CFR 2.302(f) and on the NRC Web site at: http://www.nrc.gov/site-help/e-submittals.html.
In accordance with 10 CFR 2.390 and the NRC's "Rules of Practice," a copy of this letter and enclosure 2 will be made available electronically for public inspection in the NRC Public Document Room and in ADAMS, accessible through the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
OFFICIAL USE ONLY - PROPRIETARY INFORMATION
OFFICIAL USE ONLY - PROPRIETARY INFORMATION D. Slaughter Please contact Spyros Traiforos by phone at 301-415-3965 or by e-mail at Spyros.Traiforos@nrc.gov should you have any questions.
Sincerely,
/RA/
Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-228
Enclosures:
- 1. Nonpublic Safety Evaluation
- 2. Public Safety Evaluation cc w/encl 2: See next page OFFICIAL USE ONLY - PROPRIETARY INFORMATION
Aerotest Operations, Inc. Docket No. 50-228 Michael S. Anderson, President Aerotest Operations, Inc.
Autoliv, ASP, Inc.
1320 Pacific Drive Auburn Hills, MI 48326 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 Research Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Pillsbury Winthrop Shaw Pittman LLP ATTN: Jay Silberg 2300 N Street, NW Washington, DC 20037-1122 Pillsbury Winthrop Shaw Pittman LLP ATTN: Kimberly Harshaw 2300 N Street, NW Washington, DC 20037-1122
Package: ML13134A376 Letter: ML13134A390 Non PublicSafety Evaluation: ML13128A403, Public Safety Evaluation: ML13129A001 NRR-106 OFFICE NRR/DPR/PRLB/PM Tech Editor NRR/DPR/PRLB/LA NRR/DPR/PRLB/BC NAME STraiforos JDougherty GLappert AAdams DATE 4/19/2013 4/24/2013 5/23/2013 5/23/2013 OFFICE NRR/DPR/D OGC NRR/D NAME LKokajko SUttal ELeeds NLO DATE 6/25/2013 7/2/2013 7/15/2013