ML13226A407

Joint Demand for Hearing on Denial of License Renewal and Indirect License Transfer Re Aerotest Radiography & Research Reactor Facility License No. R-098

ML13226A407
Person / Time
Site:	Aerotest
Issue date:	08/13/2013
From:	Silberg J E, Harshaw K A 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 c ontrol 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 NRC's Office of Nuclear Reactor Regulation ("NRR") stated that Aerotest's license renewal application and the a pplication 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 Ex ecutive Officer of Nuclear 2 Labyrinth, dated July 15, 2013 (ADAMS Accession No. ML13134A390), 1 the Director of NRR stated that the license tran sfer application was denied. Pursuant to 10 C.F.R. § 2.103(b) and the two above-refe renced 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 NINA's 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 Applicant's concerns), and Nuclear Innovation North America LLC (South Texas Project Units 3 and 4), Order (Granting NINA's 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.

3 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 Tran sfer Regarding Aero test Radiography and Research Reactor Facility Operating License No. R-98 ha s been served through the E-Filing system on the participants in the above-captioned proceeding this 13 th day of August 2013.

/Signed electronically by/ Kimberly A Harshaw