[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Notices]
[Pages 33121-33122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12596]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0107; Docket No. 52-016-COL]


Staff Requirements--SECY-12-0168--Calvert Cliffs 3 Nuclear 
Project, LLC & UniStar Nuclear Operating Services, LLC (Calvert Cliffs 
Nuclear Power Plant, Unit 3), Petition for Review of LBP-12-19

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for written comment on requirements related to foreign 
ownership, control, or domination of commercial nuclear power plants.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is conducting an 
assessment, and is seeking stakeholder views, on issues relating to 
foreign ownership, control, or domination (FOCD) of commercial nuclear 
power plants. The results and conclusions of this assessment, including 
any recommendations on any proposed modifications to guidance or 
practice on FOCD that may be warranted, will be provided in a voting 
paper for Commission review and approval.

DATES: Submit comments by August 2, 2013. Comments received after this 
date will be considered if it is practical to do so, but the NRC staff 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publically available, 
by searching on http://www.regulations.gov under Docket ID NRC-2013-
0107. You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID nrc-2013-0107. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jo Ann Simpson, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-8388; email: [email protected]; or 
Anneliese Simmons, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
2791; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0107 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document by any of the following 
methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0107.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The Commission issued SRM-12-0168 is available 
electronically under ADAMS Accession No. ML10370A150.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2013-0107 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS, and the NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    During recent years, there have been a number of licensing actions 
submitted to the NRC for review where issues related to FOCD existed. 
One cause is likely due to the increased globalization of economic 
activity and associated added complexity of the corporate arrangements. 
In response, the NRC's review of FOCD issues have become more numerous 
and detailed. Sections 103d. and 104d. of the Atomic Energy Act of 
1954, as amended, (AEA), provide that the NRC may not issue a license 
to a corporation or other entity if the Commission knows (or has reason 
to believe) that it is owned, controlled, or dominated by an alien, a 
foreign corporation or a foreign government. Moreover, the NRC may not, 
in any event, issue a license to any person within the United States 
if, in the opinion of the Commission, the issue of a license to such 
person would be inimical to the common defense and security or to the 
health and safety of the public.
    The Commission's regulation under Section 50.38 of Title 10 of the 
Code of Federal Regulations (10 CFR)

[[Page 33122]]

implements this statutory prohibition, providing that any person who is 
a citizen, national, or agent of a foreign country, or any corporation, 
or other entity which the Commission knows or has reason to believe is 
owned, controlled, or dominated by an alien, a foreign corporation, or 
an foreign government, shall be ineligible to apply for and obtain a 
license. (emphasis supplied).
    With respect to combined license applications, the Commission's 
regulations under 10 CFR 52.75(a) further state any person (except one 
excluded by Sec.  50.38 of the Commission's regulations) may file an 
application for a combined license for a nuclear power facility with 
the Director, Office of New Reactors or Director, Office of Nuclear 
Reactor Regulation, as appropriate.
    On March 11, 2013, in SRM-12-0168, ``Calvert Cliffs 3 Nuclear 
Project, LLC & UniStar Nuclear Operating Services, LLC (Calvert Cliffs 
Nuclear Power Plant, Unit 3), Docket No. 52-016-COL, Petition for 
Review of LBP-12-19,'' the Commission directed the staff to provide a 
fresh assessment on issues relating to FOCD including recommendations 
on any proposed modifications to guidance or practice on FOCD that may 
be warranted.
    Specifically, the Commission is looking for comments on the 
limitation on FOCD as contained in Section 103d. of the AEA and the 
potential to satisfy statutory objectives through an integrated review 
of foreign ownership, control, or domination issues involving up to and 
including 100 percent indirect foreign ownership; criteria for 
assessing proposed plans or actions to negate direct or indirect 
foreign ownership or foreign financing of more than 50 percent but less 
than 100 percent, and the adequacy of guidance on these criteria; the 
availability of alternative methods such as license conditions for 
resolving--following issuance of a combined license--FOCD; and the 
agency's interpretation of the statutory meaning of ``ownership,'' and 
how that definition applies in various contexts, such as total or 
partial foreign ownership of a licensee's parent, co-owners, or owners 
who are licensed to own but not to possess or operate a facility.
    It is the desire of the NRC to receive comments of a high quality 
from all stakeholders on issues relating to FOCD. The 60-day comment 
period is reasonable and is not anticipated to affect NRC deadlines. 
The allotted time will allow adequate time for the NRC to review 
comments, and organize and conduct a Category 3 Public Meeting on June 
19, 2013, to facilitate additional stakeholder engagement and input.

    For the Nuclear Regulatory Commission.
    Dated at Rockville, Maryland, this 21st day of May 2013.
Christopher Regan,
Chief, Financial Analysis and International Projects Branch, Division 
of Inspection and Regional Support, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2013-12596 Filed 5-31-13; 8:45 am]
BILLING CODE 7590-01-P