ML102650174

Aerotest Operations, Inc., Report of Progress Made Toward Completion of the License Transfer

ML102650174
Person / Time
Site:	Aerotest
Issue date:	09/20/2010
From:	Anderson M S Aerotest
To:	McGinty T J Document Control Desk, Division of Policy and Rulemaking
References
NRC-2010-0178
Download: ML102650174 (2)

Text

4AEROTEST OPERATIONS, INC.3A SAN RAMON. CA 94583* (M25)86.-1212

• FAX (925) 868.1718 September 20, 2010 Document Control Desk U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville MD 20852 Tim McGinty, Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Mail Stop 012E1 11555 Rockville Pike Rockville MD 20852 RE: NRC-2010-0178; Docket No. 50-228; License No. R-98 Report of Progress Made Toward Completion of the License Transfer By notice published in the Federal Register dated September 17, 2010, the U.S.Nuclear Regulatory Commission ordered that, good cause to extend the effectiveness of the Order of July 6, 2010 ( the "Order") being shown, the effectiveness of the Order would be extended until October 15, 2010, subject to certain conditions, among them, that a written report of progress made toward completion of the transfer would be provided on a weekly basis to the NRC Director, Division of Policy and Rulemaking.

The following is the report of the Licensee as of the date indicated above.As of September 10, 2010, Licensee and the U.S. Department of Energy (the "DOE")executed an amendment to the Contract for disposal of spent nuclear fuel between the parties. Such amendment, among other modifications of the contract language, established the fee for the disposal of the spent nuclear fuel generated by the Licensee.During the period September 3, 2010 to September 10, 2010, various discussions were held between the Licensee, X-Ray Industries, Inc. ("XRI") and the U.S. Department of Defense (the "DOD"). The subject of the discussions was the possible commitment of the DOD to provide for interim storage of the spent nuclear fuel generated at the facility upon cessation of operations and pending permanent disposal by the DOE. On September 10, 2010, the DOD indicated that the matter was being discussed internally and with other agencies of the U.S. government, and that any commitment that could be made by the DOD would be forthcoming as soon as agreement was reached.Acao-On September 13, 2010, Autoliv ASP, Inc., and XRI executed a stock purchase agreement that would transfer all outstanding shares of stock of Licensee to XRI at the closing of the transaction.

The stock purchase agreement provides for the closing of the transaction to take place on October 15, 2010. Closing of the transaction is contingent on the DOD lawfully committing to the Licensee, in such form and with such substance as is reasonably acceptable to XRI in its sole discretion, to take interim storage of all nuclear fuel and all spent fuel rods at the site upon cessation of operations at the site, pending permanent storage and disposal by the U.S. Department of Energy (or other appropriate agency) pursuant to U.S. Department of Energy Contract Amendment to DE-CR01-83NE44484 I, Michael S. Anderson, hereby certify that the content of this letter contains information that is true and correct to the best of my knowledge.

If you have any questions regarding this submittal, please contact Michael S.Anderson, Secretary of Aerotest at (248) 475-0442 or mike.andersona-autoliv.com.

Sincerely, Michael S. Anderson Secretary Aerotest Operations, Inc.cc: Via Federal Express C. Montgomery Mail Stop 012G7.Document Control Desk U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville MD 20852