[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52582-52584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18147]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-18, 50-70, 50-73, 50-183; License Nos.: DPR-1, TR-1,
R-33, and DR-10]
In the Matter of General Electric Company (Vallecitos Boiling
Water Reactor, General Electric Test Reactor, Nuclear Test Reactor, and
ESADA Vallecitos Experimental Superheat Reactor); Order Approving
Transfer of Licenses and Conforming Amendments
I
The General Electric Company (GE) is the holder of License No. DPR-
1 for the Vallecitos Boiling Water Reactor (VBWR), License No. TR-1 for
the General Electric Test Reactor (GETR), and License No. DR-10 for the
ESADA Vallecitos Experimental Superheat Reactor (EVESR), which
authorize possession but not operation of these facilities. GE is also
the holder of License No. R-33 for the Nuclear Test Reactor (NTR),
which authorizes possession, use and operation of the facility. The
VBWR, the GETR and the EVESR are permanently shut down with possession-
only licenses, and are maintained in safe storage with their nuclear
fuel removed from the site. The NTR is a research reactor that operates
at power levels not in excess of 100 kilowatts (thermal) under the
authority of an operating license. The facilities are located at GE's
Vallecitos site in Sunol, California.
II
By letter dated January 19, 2007, and supplemented on January 25,
2007, February 23, 2007, March 2, 2007, March 26, 2007, May 16, 2007,
May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007,
(collectively, the Application), GE requested approval by the U.S.
Nuclear Regulatory
[[Page 52583]]
Commission (NRC) to the direct license transfers that would be
necessary in connection with GE's proposed transfers to GE-Hitachi
Nuclear Energy Americas, LLC (GE-Hitachi) of its 100 percent interests
in the VBWR, the EVESR, the GETR, and the NTR.
GE also requested approval of conforming amendments to the
respective licenses to reflect the proposed transfers of ownership of
the facilities from GE to GE-Hitachi. No physical changes to the
facilities or operational changes were proposed in the Application.
After completion of the proposed transfers, GE-Hitachi would be the
owner of the VBWR, the EVESR, and the GETR, and owner and operator of
the NTR.
Approval of the transfer of the licenses and the conforming
amendments was requested pursuant to Section 184 of the Atomic Energy
Act of 1954, as amended, (the Act), 10 CFR 50.80 and 10 CFR 50.90. A
notice of consideration of approval and opportunity for a hearing or to
submit written comments for the requested direct transfers was
published in the Federal Register on March 28, 2007 (72 FR 14621-
14622). No request for hearing or comment were received on the
Application.
Pursuant to 10 CFR 50.80, no license for a production or
utilization facility, or any right thereunder, shall be transferred,
directly or indirectly, through transfer of control of the license,
unless the Commission shall give its consent in writing. Upon review of
the information in the Application and other information before the
Commission, and relying upon the representations and agreements
contained in the Application, the NRC staff has determined that GE-
Hitachi is qualified to hold the licenses to the extent now held by GE
regarding its ownership interests and operating authority as proposed
in the Application, and the transfer of the licenses is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission, subject to the conditions set forth below.
The NRC staff has further found that the Application for the proposed
amendments to the licenses complies with the standards and requirements
of the Act, and the Commission's rules and regulations set forth in 10
CFR Chapter I; the facilities will operate in conformity with the
Application, the provisions of the Act and the rules and regulations of
the Commission; there is reasonable assurance that the activities
authorized by the proposed license amendments can be conducted without
endangering the health and safety of the public, and that such
activities will be conducted in accordance with the Commission's
regulations; the issuance of the proposed amendments to the licenses
will not be inimical to the common defense and security or to the
health and safety of the public; and the issuance of the proposed
amendments to the licenses will be in accordance with 10 CFR Part 51 of
the Commission's regulations and all applicable requirements have been
satisfied. The findings set forth above are supported by NRC's Safety
Evaluation dated September 6, 2007.
III
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended; 42 U.S.C. 2201(b), 2201(i), and 2234;
and 10 CFR 50.80, It is hereby ordered that the transfer of the
licenses, as described herein, to GE-Hitachi is approved, subject to
the following conditions:
1. GE-Hitachi Nuclear Energy Americas, LLC, as stated in the
Application, will abide by all commitments and representations
previously made by GE with respect to the licenses. These include, but
are not limited to, maintaining decommissioning records, implementing
decontamination activities, and eventually decommissioning the
facilities.
2. The Manager of the Vallecitos Nuclear Center, the Vice-
President, Reactor Facility Safety and Security of GE-Hitachi Nuclear
Energy Americas, LLC, and the Manager of GE-Hitachi Nuclear Energy
Americas, LLC, shall be U.S. citizens. These individuals shall have the
responsibility and exclusive authority to ensure and shall ensure, that
the business and activities of GE-Hitachi Nuclear Energy Americas, LLC,
with respect to the licenses for the subject facilities, are at all
times conducted in a manner consistent with the protection of the
public health and safety and the common defense and security.
3. The commitments/representations made in the Application,
regarding reporting relationships and authority over safety and
security issues and compliance with NRC requirements shall be adhered
to and may not be modified without the prior written consent from the
Director, Office of Nuclear Reactor Regulation, the Director, Office of
Federal and State Materials and Environmental Management Programs, or
their designee(s).
4. GE-Hitachi Nuclear Energy Americas, LLC, shall cause to be
transmitted to the Director, Office of Nuclear Reactor Regulation and
the Director, Office of Federal and State Materials and Environmental
Management Programs within 30 days of filing with the U.S. Securities
Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to
the Securities Exchange Act of 1934 that discloses beneficial ownership
of a registered class of General Electric stock.
5. Prior to completion of the transfer of the licenses, GE-Hitachi
Nuclear Energy Americas, LLC, shall provide the Nuclear Regulatory
Commission staff satisfactory documentary evidence that it has obtained
the appropriate amount of insurance required of licensees under 10 CFR
Part 140 of the Commission's regulations.
6. Prior to completion of the transfer of the licenses, GE-Hitachi
Nuclear Energy Americas, LLC, shall provide the Nuclear Regulatory
Commission staff satisfactory documentary evidence of a parent company
guarantee or another method authorized by and meeting the requirements
of 10 CFR 50.75 for decommissioning funding assurance for the licenses
in an amount no less than $8,016,000 for the VBWR, $14,077,000 for the
GETR, $3,411,000 for the NTR, and $10,516,000 for the EVESR.
It is further ordered that, consistent with 10 CFR 2.1315(b),
amendments to the licenses that make changes as indicated in Enclosure
2 to the cover letter, which forwards this Order, to conform the
licenses to reflect the subject transfer of the licenses, are approved.
The amendments to the licenses shall be issued and made effective at
the time the proposed transfers are completed.
It is further ordered that GE shall inform the Directors of the
Office of Nuclear Reactor Regulation and the Office of Federal and
State Materials and Environmental Management Programs in writing of the
date of closing of the transfer of the subject interests in the VBWR,
the EVESR, the GETR, and the NTR at least (five) 5 business days prior
to transfer to GE-Hitachi. Should the transfer of the licenses not be
completed within one year of this Order's date of issuance, this Order
shall become null and void, provided, however, that upon written
application and for good cause shown, such date may be extended by
order.
This Order is effective upon issuance.
For further details with respect to this Order, see the Application
and the Safety Evaluation, which are available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North,
[[Page 52584]]
Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland and accessible electronically from the Agencywide Documents
Access and Management System (ADAMS) Public Electronic Reading Room on
the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter
problems in accessing the documents located in ADAMS, should contact
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected].
Dated at Rockville, Maryland this 6th day of September 2007.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E7-18147 Filed 9-13-07; 8:45 am]
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