[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