[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Page 6676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2712]



[[Page 6676]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-25]


Foster Wheeler Environmental Corporation; Idaho Spent Fuel 
Facility; Notice of Order Approving Indirect Transfer of Materials 
License

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Issuance of Order Approving Indirect Transfer of Materials 
License No. SNM-2512.

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FOR FURTHER INFORMATION, CONTACT: Shana Helton, Senior Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear 
Regulatory Commission (NRC), Rockville, MD 20852. Telephone: (301) 492-
3284; fax number: (301) 492-3348; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I

    Foster Wheeler Environmental Corporation (FWENC) is the holder of 
Special Nuclear Materials (SNM) License No. 2512, issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 72. 
The license authorizes FWENC to construct and operate the Idaho Spent 
Fuel (ISF) Facility in accordance with the terms and conditions 
specified therein. The yet-to-be constructed ISF Facility is an 
independent spent fuel storage installation, which, if constructed, 
will be located adjacent to the Department of Energy's Idaho Nuclear 
Technology and Engineering Center site on the Idaho National Laboratory 
grounds in Idaho.

II

    By letter dated December 11, 2008, as supplemented on December 22, 
2008 (Agencywide Documents Access and Management System Accession Nos. 
ML083500374 and ML083640311, respectively), FWENC submitted an 
application seeking consent to the indirect transfer of control of SNM 
License No. 2512 for the ISF Facility.
    The indirect transfer of control of FWENC's license would result 
from a planned restructuring whereby Foster Wheeler AG will become the 
new ultimate corporate parent holding company of FWENC, replacing 
Foster Wheeler Ltd, the current ultimate parent holding company. The 
shares of Foster Wheeler Ltd., a corporation duly organized under the 
laws of Bermuda, are widely held and publicly traded in the United 
States on the NASDAQ Global Select Market. The proposed new ultimate 
parent holding company, Foster Wheeler AG, is a corporation duly 
organized under the laws of Switzerland, and it is currently a wholly 
owned subsidiary of Foster Wheeler Ltd.
    No physical changes to the planned ISF Facility were proposed in 
the application. FWENC will still be authorized to construct and 
operate the ISF Facility, notwithstanding the proposed corporate 
restructuring, and will continue to hold the license. No direct 
transfer of the license will result from the planned restructuring.
    Approval of the application was requested pursuant to Section 184 
of the Atomic Energy Act of 1954, as amended (AEA), and 10 CFR 72.50. 
Notice of the application and an opportunity for a hearing was 
published in the Federal Register on December 29, 2008 (73 FR 79518). 
No hearing requests or written comments were received.
    Under 10 CFR 72.50, no license or any part included in a license 
issued under 10 CFR Part 72 for an ISFSI shall be transferred, 
assigned, or in any manner disposed of, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control of 
the license to any person, unless the Commission gives its consent in 
writing. Upon review of the information submitted in the application 
and other information before the Commission, the NRC staff has 
determined that the proposed corporate restructuring as described above 
will not affect the qualifications of FWENC as holder of SNM License 
No. 2512, and that the indirect transfer of control of the license, to 
the extent effected by the restructuring, is otherwise consistent with 
applicable provisions of the law, and the regulations and orders issued 
by the Commission. These findings are supported by a Safety Evaluation 
of the same date as this Order.

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 72.50, it is hereby ordered that the application regarding 
the indirect license transfer described above related to the proposed 
corporate restructuring and establishment of Foster Wheeler AG as the 
new ultimate parent holding company of FWENC is approved, subject to 
the following condition:

    Should the proposed corporate restructuring and establishment of 
Foster Wheeler AG as the new ultimate corporate parent holding 
company not be completed within one year from the date of this 
Order, this Order shall become null and void, provided, however, 
upon written application and 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 
dated December 11, 2008, as supplemented by letter dated December 22, 
2008, and the NRC's safety evaluation dated January 29, 2009 (ADAMS 
Accession Nos. ML083500374, ML083640311, and ML090220068, 
respectively). These documents 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 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 29th day of January 2009.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E9-2712 Filed 2-9-09; 8:45 am]
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