[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Page 22182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8895]
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NUCLEAR REGULATORY COMMISSION
[EA-08-089]
In the Matter of: Louisiana Energy Services, L.P. (National
Enrichment Facility); Order Approving Indirect Transfer of License and
Conforming Amendment
I
Louisiana Energy Services (LES or the Licensee) is the holder of
Special Nuclear Material License No. SNM-2010 for the National
Enrichment Facility (NEF), issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission), pursuant to 10 CFR parts 30, 40, and
70. The Licensee is authorized, by its license, to construct and
operate a uranium enrichment facility in accordance with the Atomic
Energy Act of 1954 (AEA), as amended, and 10 CFR parts 30, 40, and 70.
The LES license was issued on June 23, 2006, and is due to expire on
June 23, 2036.
II
By letter dated October 19, 2007, the Licensee proposed to: (1)
Restructure itself from a Limited Partnership (LP) to a Limited
Liability Company (LLC); and (2) reorganize the ownership arrangement
of Urenco Deelnemingen BV (UDE), a current limited partner of the
Licensee. No physical changes to the NEF or operational changes were
proposed.
The Licensee also requested approval of a conforming license
amendment that would change the Licensee's name from Louisiana Energy
Services, L.P., to Louisiana Energy Services, LLC.
Approval of the indirect transfer of the license and of the
conforming license amendment was requested pursuant to 10 CFR 70.36. A
notice of consideration of approval was published in the Federal
Register on January 31, 2008 (73 FR 5882), including a notice of
opportunity to request a hearing, or to submit written comments. No
comments or requests for a hearing were submitted in response to this
notice.
Pursuant to 10 CFR 30.34(b), 40.46, and 70.36, no license granted
under those parts, and no right thereunder to use byproduct, source, or
special nuclear material, shall be transferred, assigned, or in any
manner disposed of, directly or indirectly, through a transfer of
control of any license, to any person, unless the Commission shall,
after securing full information, find that the transfer is in
accordance with the AEA, and gives its consent in writing. The
Commission will approve an application for the indirect transfer of a
license, if the Commission determines that the proposed restructuring
and reorganization will not affect the qualifications of the Licensee
to hold the license, and that the transfer is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission pursuant thereto. After review of the information in the
Application and other information before the Commission, and relying on
the representations and agreements contained in the Application, the
NRC staff determined that the proposed corporate restructuring and
indirect transfer of the license is acceptable and 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 determined that the application for the
proposed license amendment complies with the standards and requirements
of the AEA, and the Commission's rules and regulations set forth in
Title 10 Chapter I. The requested indirect transfer of the license and
issuance of the conforming license amendment will not be inimical to
the common defense and security or to the health and safety of the
public, or the environment, and the issuance of the proposed amendment
would be in accordance with 10 CFR part 51 of the Commission's
regulations, and all applicable requirements have been satisfied.
III
Accordingly, pursuant to sections 161b, 161i, and 184 of the Act;
42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 30.34(b), 40.46, and
70.36, it is hereby ordered that the Application regarding the indirect
transfer of license, as described herein, is approved, subject to the
following condition, which is also hereby made a condition of the
license:
The Licensee, as stated in the Application, will abide by all
commitments and representations previously made by the Licensee with
respect to the license.
It is further ordered that the conforming license amendment for the
indirect transfer of license shall be issued and made effective at the
time the proposed license transfer is completed.
It is further ordered that:
--In order to ensure that the NRC is timely notified of the transfer's
completion, the Licensee shall inform the Director of the Office of
Nuclear Material Safety and Safeguards, in writing, of the date of
closing of the indirect transfer of License No. SNM-2010, at least one
(1) business day prior to closing; and
--If the indirect transfer of license and all the above conforming
conditions have not been completed within 60 days from the date of the
issuance of the Order, the Order shall become null and void; however,
on 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 initial
application dated October 19, 2007, and the Safety Evaluation Report
that supports the amendment, which are available for public inspection
at the Commission's Public Document Room (PDR), located at One White
Flint North, 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 via e-mail, to [email protected].
Dated this 3rd day of April, 2008.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-8895 Filed 4-23-08; 8:45 am]
BILLING CODE 7590-01-P