[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Pages 9431-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02873]
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0081; Docket No. 70-3098; Construction Authorization No.
CAMOX-001]
Shaw AREVA MOX Services, LLC (Mixed Oxide Fuel Fabrication
Facility); Order Approving Indirect Transfer of Control of Construction
Authorization
I
Shaw AREVA MOX Services, LLC (MOX Services) holds Construction
[[Page 9432]]
Authorization (CA) CAMOX-001 for construction of a Mixed Oxide (MOX)
Fuel Fabrication Facility (MFFF) at the U.S. Department of Energy (DOE)
Savannah River Site in Aiken, South Carolina.
II
By letter dated August 30, 2012, as supplemented by letters dated
October 1, 2012, December 20, 2012, and January 16, 2013, and a
purchase transaction agreement dated July 30, 2012 (together, the
Transfer Application), MOX Services requested that the U.S. Nuclear
Regulatory Commission (NRC) consent to the proposed indirect transfer
of Construction Authorization (``CA'') CAMOX-001 that would be effected
by the indirect transfer of control of Shaw Environmental &
Infrastructure, Inc.'s (``Shaw E&I'') 30% interest, and Shaw Project
Services Group, LLC's (``SPSG'') 40% interest in MOX Services. The
transfer will occur as a result of the purchase of Shaw E&I and SPSG's
ultimate parent company, The Shaw Group Inc. (``Shaw''), by Chicago
Bridge and Iron Company NV (``CB&I''), pursuant to a purchase
transaction agreement. MOX Services would continue to hold the CA. Upon
completion of the transaction, Shaw will become a wholly owned
subsidiary of CB&I. Shaw holds a 70% ownership interest in MOX Services
through its subsidiaries, Shaw E&I and SPSG. In addition, DOE is
requiring that a proxy agreement be established pursuant to the
policies duly authorized under the National Industrial Security
Program. The proxy agreement will give control of CB&I's interest in
MOX Services to SPSG, as a proxy for CB&I, Shaw, and Shaw E&I, in order
to insulate SPSG and MOX Services from any potential Foreign Ownership,
Control or Influence (FOCI) in order to maintain the Facility Security
Clearance held by MOX Services. No physical changes to the MFFF are
being proposed.
Approval of the indirect transfer of the CA was requested pursuant
to Section 184 of the Atomic Energy Act of 1954, as amended (AEA) (42
U.S.C. 2234) and Section 70.36 of Title 10 of the Code of Federal
Regulations (10 CFR). A notice of the request for approval and
opportunity for a hearing or to submit written comments was published
in the Federal Register on October 25, 2012 (77 FR 65208). No comments
or requests for a hearing were received in response to this notice. The
Federal Register notice was corrected on (January 30, 2013; 78 FR 6356)
to fix a typographical error.
Pursuant to Section 184 of the AEA, no license granted under the
AEA, and pursuant to 10 CFR 70.36, no license granted under 10 CFR part
70, shall be transferred, assigned, or in any manner disposed of,
directly or indirectly, through transfer of control of any license to
any person unless the Commission, after securing full information,
finds that the transfer is in accordance with the provisions of the
AEA, and gives its consent in writing. The CA does not authorize MOX
Services to use Special Nuclear Material at the MFFF; it only
authorizes MOX Services to construct the MFFF. The CA is analogous to a
construction permit, and it has served as the mechanism under which the
NRC staff has overseen the MFFF construction activities. The
Commission's regulations at 10 CFR 2.4, define ``license'' as including
a construction permit. Therefore, the CA is analogous to a license and
the requirements of Section 184 of the AEA and 10 CFR 70.36 are
applicable to this action.
Upon review of the information received from MOX Services, and
other information before the Commission, and relying upon the
representations and agreements contained in the Transfer Application,
the NRC staff finds that (1) it has secured full information regarding
the proposed indirect transfer of control of CAMOX-001, and (2) the
proposed indirect transfer, to the extent that CB&I will acquire a 70%
ownership interest in MOX Services pursuant to its planned acquisition
of Shaw, as described in the Transfer Application, and to the extent
that CB&I, Shaw, Shaw E&I, SPSG, and MOX Services are in compliance
with DOE FOCI requirements for maintenance of the MFFF DOE Facility
Security Clearance, is in accordance with the provisions of the AEA of
1954, as amended.
The findings set forth above are supported by a Safety Evaluation
(SE) dated January 30, 2013.
III
Accordingly, pursuant to Section 184 of the AEA Act of 1954, as
amended and Section 70.36 of 10 CFR, it is hereby ordered that the
indirect transfer of control of CAMOX-001, as described herein, is
approved.
It is further ordered that after receipt of all required regulatory
approvals of the proposed indirect transfer, MOX Services shall inform
the Director of the Office of Nuclear Material Safety and Safeguards,
in writing, of such receipt no later than one (1) business day prior to
the closing of the proposed indirect transfer. Should the proposed
indirect transfer not be completed within 60 days from the date of
issuance of this 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 letter
dated August 30, 2012, as amended, (which can be found at Agencywide
Documents Access and Management System [ADAMS] Accession Number
ML12243A498). Publicly-available records will be 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, or 301-415-4737 or by
email to [email protected].
Dated at Rockville, Maryland this 31st day of January 2013.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-02873 Filed 2-7-13; 8:45 am]
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