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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] Category:Request for Additional Information (RAI)
MONTHYEARML22152A2522022-06-28028 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) ML21201A3622021-06-0303 June 2021 (External Sender) E-mail NRC RAI follow-up Letter Opportunity to Review the Draft Enclosure 6.3.21 ML21201A3642021-06-0303 June 2021 Request for Additional Information Regarding Amendment for Possession-Only License Facility Operating License No. R-98 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 ML20234A6312020-09-17017 September 2020 Request for Clarification Physical Security Plan Review - Cover Letter - (Public Version) 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 ML20112F4892020-04-30030 April 2020 Request for Clarification Amendment Request for Possession Only License for the Aerotest Radiography and Research Reactor Facility Operating License No . R-98 ML20034G4452020-02-13013 February 2020 Request for Additional Information Amendment Request for Possession Only License for the Aerotest Radiography and Research Reactor Operating License No. R-98 ML18277A2962018-10-15015 October 2018 Request for Additional Information Regarding the Operator Requalification Program for the Aerotest Radiography and Research Reactor ML18186A5782018-07-16016 July 2018 Request for Supplemental Information Regarding Request for 10 CFR 170.11 and 171.11 Fee Exemptions ML18088A7012018-04-24024 April 2018 Request for Additional Information Regarding the Renewal of Facility Operating License No. R-98 ML18088A7552018-03-29029 March 2018 Aerotest Operations, Inc.: Draft Aerotest License Renewal Request for Additional Information ML17277B2612017-10-24024 October 2017 Aerotest Radiography and Research Reactor, Request for Additional Information Regarding the Renewal of Facility Operating License No. R-98 ML16182A3972016-07-20020 July 2016 Aerotest Operations Inc. and Nuclear Labyrinth LLC - Request for Additional Information Re: Supplemented 2012 Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant To 10 CFR 50.80 ML15335A4532016-01-20020 January 2016 Request for Additional Information Regarding Aerotest Operations, Inc's Application for a Change in Method of Providing Financial Protection 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 ML1217403432012-07-0505 July 2012 Labyrinth LLC Request for Supplemental Information ML1005004042010-02-23023 February 2010 Request for Additional Information Regarding the Proposed Indirect License Transfer of the Aerotest Radiography and Research Reactor for Facility Operating License No. R-98 ML0903000682009-02-0404 February 2009 Aerotest Operations Inc- Request for Additional Information Regarding License Renewal Request Application and Financial Qualifications ML0526902742005-10-0707 October 2005 RAI Letter - Security Measures - Tsukimura 2022-06-28
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 16, 2018 Dr. David M. Slaughter President and Reactor Administrator Aerotest Operations, Inc.
3455 Fostoria Way San Ramon, CA 94583
Dear Dr. Slaughter:
Aerotest Operations, Inc. (Aerotest) holds U.S. Nuclear Regulatory Commission (NRC) Facility Operating License No. R-98 for the operation of the Aerotest Radiography and Research Reactor. Aerotest submitted a request for Title 10 of the Code of Federal Regulations (10 CFR) 170.11 and 171.11 fee exemptions dated June 4, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18163A111).
During the NRC staffs review of the portions of Aerotests request related to 10 CFR 170 and 10 CFR 171 fees, questions have arisen for which the NRC staff needs supplemental information from Aerotest to resolve. The enclosed request for supplemental information identifies the additional information needed for the NRC staff to continue its review.
Aerotest requested that the NRC exempt it from paying licensing/inspection and annual fees.
Aerotest stated that the NRC should grant its request based on portions of the Atomic Energy Act of 1954, as amended, which authorize the NRC to make arrangements for the conduct of research and development activities, because Aerotest specializes in education, research, and development in the field of nuclear forensics and in related nuclear technologies. In addition, Aerotest requested that the NRC permit it to pay significantly reduced fees because Aerotest is a small business. However, the NRC staff notes that the request does not appear to indicate how the requested fee exemptions would be in the public interest, as specified in 10 CFR 170.11(b) and 171.11(c), nor does the request appear to provide a basis for why Aerotest should be exempt from the requirements that it pay full cost licensing/inspection fees and/or full annual fees for a research reactor pursuant to 10 CFR 170.21 and 10 CFR 171.15(f),
respectively, and instead pay reduced licensing/inspection and/or annual fees.
Therefore, the enclosure includes requests for Aerotest to provide supplemental information that clearly and specifically explains how the requested exemptions from paying fees would be in the public interest. In addition, the enclosure is requesting that Aerotest provide a complete description of the separate exemption(s) being requested to allow Aerotest to pay reduced fees, and provide supplemental information that clearly and specifically explains the basis for the requested exemption(s) to pay reduced fees. Following receipt of this information, the NRC staff will continue its evaluation of Aerotests fee exemption requests.
D. M. Slaughter The NRC staff requests that Aerotest provide responses to the enclosed questions within 30 days from the date of this letter. The NRC staff notes that the timely receipt of the requested information will contribute to an efficient and effective review of the fee exemption requests.
If you have any questions, or need additional time to respond to this request, please contact Jo Jacobs of my staff at 301-415-8388, or by electronic mail at Jo.Jacobs@nrc.gov.
Sincerely,
/RA/
Maria Schofer, Acting Team Lead License Fee Policy Team Division of Planning and Budget Office of the Chief Financial Officer Docket No. 50-228 License No. R-98
Enclosure:
As stated
ML18186A578 (Incoming) ML18163A111 (Package) ML18186A581
- via e-mail OFFICE OCFO/DPB/LFPT NRR/DLP/PRLB NRR/DLP/PRLB OGC NAME WBlaney* EHelvenston AAdams JSuttenberg DATE 07/05/18 07/06/18 07/09/18 07/16/18 OFFICE OCFO/DPB/BOB2 OCFO/DPB/BOB2 NAME JJacobs MSchofer DATE 07/16/18 07/16/18 OFFICE OF THE CHIEF FINANCIAL OFFICER REQUEST FOR SUPPLEMENTAL INFORMATION REGARDING THE REQUEST FOR 10 CFR 170.11 AND 171.11 FEE EXEMPTIONS LICENSE NO. R-98; DOCKET NO. 50-228 The U.S. Nuclear Regulatory Commission (NRC) staff is continuing its review of Aerotests request for Title 10 of the Code of Federal Regulations (10 CFR) 170.11 and 171.11 fee exemptions dated June 4, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18163A111). In the course of reviewing the fee exemption requests, the NRC staff has determined that supplemental information or clarification is required to continue the review of Aerotests request for 10 CFR 170.11 and 171.11 fee exemptions.
The fee exemption requests are being evaluated against the applicable regulations in 10 CFR Parts 170 and 171.
Question 1 - Public Interest The regulations at 10 CFR 170.11(b) and 171.11(c) state that the NRC may, upon application by an interested person, or on its own initiative, grant such exemptions from the licensing/inspection and annual fee requirements of 10 CFR Parts 170 and 171, respectively, as the NRC determines are authorized by law and are otherwise in the public interest.
By its letter dated June 4, 2018, Aerotest Operations, Inc. (Aerotest), requested that the NRC exempt it from paying licensing/inspection and annual fees. Aerotest stated that the NRC should grant its request based on portions of the Atomic Energy Act of 1954, as amended, which authorize the NRC to make arrangements for the conduct of research and development activities, because Aerotest specializes in education, research, and development in the field of nuclear forensics and in related nuclear technologies.
However, Aerotests June 4, 2018, letter does not explain how granting the requested fee exemptions would be in the public interest, as specified in 10 CFR 170.11(b) and 171.11(c).
Please provide supplemental information that clearly and specifically explains how the requested exemptions would be in the public interest. Alternatively, justify why no additional information is necessary to support the exemption request.
Question 2 - Small Entity The regulations at 10 CFR 170.21 specify that full cost fees shall be paid for licensing/inspection activities for a research reactor licensed under 10 CFR Part 50.
The regulations at 10 CFR 171.15(f) specify the annual fee for a research reactor licensed under 10 CFR Part 50.
The regulations at 10 CFR 171.16(c) state that certain NRC licensees (not including licensees authorized to conduct activities under 10 CFR Part 50) may pay reduced annual fees if they qualify as small entities (the regulation at 10 CFR 2.810 provides the size standards to determine whether a licensee qualifies as a small entity in the NRCs regulatory programs).
By its letter dated June 4, 2018, Aerotest Operations, Inc. (Aerotest), which is licensed to conduct activities under 10 CFR Part 50, requested that the NRC permit it to pay significantly reduced fees because Aerotest qualifies as a small entity.
However, Aerotests June 4, 2018, letter does not appear to provide a basis for why it should be exempt from the requirements that it pay full cost licensing/inspection fees and/or full annual fees for a research reactor pursuant to 10 CFR 170.21 and 10 CFR 171.15(f), respectively, and instead pay reduced licensing/inspection and/or annual fees. Additionally, it is not clear what reduced level of fees Aerotest believes it should pay. Please provide a complete description of the exemption(s), if any, being requested to allow Aerotest to pay reduced fees, and provide supplemental information that clearly and specifically explains the basis for the requested exemption(s). Alternatively, justify why no additional information is necessary to support the exemption request.