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] |
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-98ML13239A225 |
Person / Time |
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Site: |
Aerotest |
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Issue date: |
08/27/2013 |
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From: |
Gilman J S NRC/OGC |
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To: |
NRC/OCM |
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SECY RAS |
References |
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License Renewal-Lic Trans, RAS 24973, Aerotest Operations, Inc. 50-228 |
Download: ML13239A225 (4) |
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Category:Legal-Pleading
MONTHYEARML14181B2012014-06-30030 June 2014 Labyrinth, Llc'S Response Opposing NRC Staff'S Motion in Limine to Exclude Portions of the Companies Initial Statement of Position and Pre-Filed Direct Testimony ML14129A4792014-05-0909 May 2014 NRC Staff Response to Aerotest Operations, Inc. and Nuclear Labyrinth, Llc'S Statement of Areas of Controversy Regarding Denial of Indirect License Transfer of Aerotest Radiography and Research Reactor ML14093B3622014-04-0303 April 2014 Notice of Appearance for Richard S. Harper on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Aerotest Operations, Inc ML14016A0042014-01-16016 January 2014 Notice of Withdrawal, Joseph S. Gilman ML14014A3042014-01-14014 January 2014 Notice of Withdrawal of Esther R Houseman on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Aerotest Operations, Inc ML14014A3022014-01-14014 January 2014 Notice of Withdrawal of Ester R. Houseman in the Matter of Aerotest Operations, Inc. (Aerotest Radiography Research Reactor) 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 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 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 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 ML13239A2242013-08-27027 August 2013 Notice of Appearance for Joseph S. Gilman on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Aerotest Operations, Inc ML13239A2232013-08-27027 August 2013 Notice of Appearance of Molly Barkman Marsh on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Aerotest Operations, Inc ML13233A3682013-08-21021 August 2013 Notice of Appearance for Esther R. Houseman ML13233A3692013-08-21021 August 2013 Notice of Appearance for Susan L. Uttal ML13233A3702013-08-21021 August 2013 Notice of Appearance for Susan Uttal ML13233A3722013-08-21021 August 2013 Notice of Appearance for Houseman E. R ML13233A3732013-08-21021 August 2013 Notice of Appearance for Christina L. England ML13233A3742013-08-21021 August 2013 Notice of Appearance for Christina L. England 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 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 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 2014-06-30
[Table view] |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
In the Matter of ) ) Aerotest Operations, Inc. ) Docket No. 50-228 ) (Aerotest Radiography and )
Research Reactor) )
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 On July 24, 2013, the NRC Staff (Staff) issued to Aerotest Operations, Inc. (Aerotest) an Order Prohibiting Operation of Aerotest Radiography and Research Reactor (ARRR).
1 The Order provided Aerotest, and any other person adversely affected by the Order, the opportunity to request a hearing within 20 days of publication in the Federal Register
.2 On August 13, 2013, Aerotest and Nuclear Labyrinth LLC, filed a joint answer and request for hearing.
3 1 Letter from Eric J. Leeds to Michael Anderson (July 24, 2013) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13120A598) with enclosed Order Prohibiting Operation of Aerotest Radiography and Research Reactor, 78 Fed. Reg. 46,618 (Aug. 1, 2013) (ADAMS Accession No. ML13158A164). By the same letter, the Staff denied Aerotest's license renewal application as well as its request for license transfer to Nuclear Labyrinth LLC.
2 78 Fed. Reg. at 46,618.
3 Joint Answer to and Demand for Hearing on Order Prohibiting Operation of Aerotest Radiography and Research Reactor Facility Operating License No. R-98 (Aug. 13, 2013) (ADAMS Accession No. ML13226A412) (Joint Answer). Aerotest and Nuclear Labyrinth also filed a joint demand for hearing with respect to the denial of the application for license renewal and request for license transfer.
See 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 (Aug. 13, 2013). (ADAMS Accession No. ML13226A407). The Staff hereby files its response and states that it does not oppose the joint demand for hearing.
4 In accordance with 10 C.F.R. § 2.202(a)(3), a licensee or any other person adversely affected by an order has a right to demand a hearing on all or part of the order within twenty (20) days. In evaluating standing, the Commission has long applied "contemporaneous judicial concepts of standing." This is true with respect to the requirement for a "concrete and particularized injury that is fairly traceable to the challenged action
and is likely to be redressed by a favorable decision," where the injury is "to an interest arguably within the zone of interests
protected by the governing statute."
5 Since Aerotest is the licensee to whom the Order was issued, it is entitled to a hearing on the Order. Nuclear Labyrinth argues in the Joint Answer that it has a right to demand a hearing on the Order because its interests will be adversely affected by issuance of the Order.
See Joint Answer at 2-4. According to Nuclear Labyrinth, the specific interest that will be harmed is its interest in owning and operating the ARRR "if the requested license transfer is granted by the NRC." Nuclear Labyrinth argues that this interest would be harmed by the Order because the Order: changes the license from a license authorizing operation of the ARRR to a possession only license; requires that the ARRR be maintained in shutdown condition; prohibits 4 Aerotest and Nuclear Labyrinth raise arguments in their Joint Answer on the Order related to the license transfer and license renewal. The Staff notes that the Order prohibiting operation of the ARRR was solely based on Aerotest's continuing violation of Section 10 4d. of the Atomic Energy Act of 1954, as amended, and 10 C.F.R. § 50.38, which prohibit foreign ownership, control, or domination. Thus, that violation and the issuance of the Order delimit the scope of the hearing. The NRC Staff's determination regarding reasonable assurance of Nuclear Labyrinth's financial qualifications related to the license transfer was contained in a Safety Evaluation issued on July 24, 2013 (ADAMS Accession No. ML13129A001), and the determination not to renew Aerotest's license was contained in the letter accompanying that Safety Evaluation (ADAMS Accession No. ML13120A598). Aerotest and Nuclear Labyrinth demanded hearings on those denials. To the extent that the Joint Answer and demand for hearing on the Order contain arguments related to the license transfer and license renewal which are not related to foreign ownership, control or domination, those issues are outside of the scope of this proceeding.
5 Calvert Cliffs 3 Nuclear Project, LLC and Unistar Nuclear Operating Services, LLC (Combined License Application for Calvert Cliffs, Unit 3), CLI-09-20, 70 NRC 911, 915-916 (2009) (citing Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Unit 1), CLI-93-21, 38 NRC 87, 92 (1993);
Lujan v.
Defenders of Wildlife, 112 S.Ct. 2130, 2136 (1992)). the use of certain special nuclear and byproduct material; and sets the stage to begin decommissioning the ARRR.
Id. at 4. As mentioned above, the NRC has denied the re quest for license transfer, and Aerotest and Nuclear Labyrinth have filed a joint demand for hearing on that denial.
See supra at note 3. Therefore, Nuclear Labyrinth presently has an interest in the ARRR, despite the NRC's denial. Since Nuclear Labyrinth has an interest in this proceeding due to its application for the license transfer, the Staff does not object to Nuclear Labyrinth's standing in this proceeding.
Respectfully submitted,
/signed (electronically by)/ Joseph S. Gilman Counsel for the NRC Staff
Dated at Rockville, MD This the 27th day of August, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
In the Matter of ) ) Aerotest Operations, Inc. ) Docket No. 50-228 ) (Aerotest Radiography and Research Reactor) )
CERTIFICATE OF SERVICE I hereby certify that the 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 dated August 27, 2013 has been filed through the E-Filing system this the 27th day of August
2013. Respectfully submitted,
/Signed (electronically) by/
Joseph S. Gilman Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15 D21 Rockville, MD 20852 Telephone: (301) 415-2186 E-mail: Joseph.Gilman@nrc.gov Dated at Rockville, Maryland this 27th day of August, 2013.