[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70444-70446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24598]


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NUCLEAR REGULATORY COMMISSION

[EA-16-201; Docket Nos. 07007015, 0402259, 11005864, 11005211, 
11006019; License Nos. SNM-2015, SUA-672, XSNM3643, XSOU8780, XSNM3722; 
NRC-2016-0210]


In the Matter of AREVA Enrichment Services, LLC, AREVA, Inc.; 
Order Approving Change of Control of Licenses and Conforming Amendments

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order approving a request, submitted by AREVA Inc., seeking the NRC's 
consent to the following license transfers: (1) The indirect transfer 
of control of special nuclear material (SNM) License SNM-2015, 
regarding the Eagle Rock Enrichment Facility, that authorizes the 
future construction and operation of this uranium enrichment facility 
in Bonneville County, Idaho, (2) the direct transfer of control of 
source material License SUA-672, regarding the former Lucky Mc uranium 
mill, and its existing tailings site, in Fremont County, Wyoming, and 
(3) the direct transfer of control of Export Licenses XSNM3643, 
XSNM3722, and XSOU8780. In addition, AREVA Inc. requested approval of 
conforming license amendments to reflect the new names of AREVA 
corporate entities associated with the license transfers due to the 
reorganization of the AREVA family of companies. AREVA Inc. also 
requested NRC confirmation that the proposed reorganization would not 
involve any transfer of control of Construction Authorization (CA) 
Number CAMOX-001, for the MOX Fuel Fabrication Facility that is being 
constructed on a site near Aiken, South Carolina.

DATES: The Order was issued on September 30, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0210 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this document using 
any of the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0210. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about the Order, 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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 (if it available in 
ADAMS) is provided the first time that a document is referenced in this 
document.
     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.

FOR FURTHER INFORMATION CONTACT: Osiris Siurano-Perez, Office of 
Nuclear Material Safety and Safeguards, telephone: 301-415-7827, email: 
[email protected]; Nuclear Regulatory Commission, 
Washington, DC, 20555-0001.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 30th day of September 2016.

    For the Nuclear Regulatory Commission.
Marc L. Dapas,
Director, Office of Nuclear Material Safety and Safeguards.

UNITED STATES OF AMERICA

U.S. NUCLEAR REGULATORY COMMISSION

In the Matter of AREVA Enrichment Services, LLC, AREVA, Inc.; EA-16-
201; Docket Nos. 07007015, 0402259, 11005864, 11005211, 11006019; 
License Nos. SNM-2015, SUA-672, XSNM3643, XSOU8780, XSNM3722

ORDER APPROVING CHANGE OF CONTROL OF LICENSES AND CONFORMING AMENDMENTS

I.
    Pursuant to Part 70 of Title 10 of the Code of Federal Regulations 
(10 CFR), AREVA Enrichment Services, LLC (AES), is the holder of U.S. 
Nuclear Regulatory Commission (NRC) special nuclear material (SNM) 
license SNM-2015, which authorizes the licensee to construct and 
operate a gas centrifuge uranium enrichment facility in Bonneville 
County, Idaho.
    Pursuant to 10 CFR part 40, AREVA Inc., is the holder of NRC source 
material license SUA-672 that pertains to the former Lucky Mc uranium 
mill and its existing tailings site in Fremont County, Wyoming. The 
site is currently in reclamation status and is in the final stages of 
being transferred to the U.S. Department of Energy for long-term care 
in accordance with Title II of the Uranium Mill Tailings Radiation 
Control Act and its implementing regulations in 10 CFR 40.28.
    Pursuant to 10 CFR part 110, AREVA Inc., is also the holder of NRC 
export licenses XSNM3643 and XSNM3722, which authorize the licensee to 
export SNM to South Africa and the Netherlands, respectively, in solid 
form. AREVA Inc. also holds NRC export license XSOU8780, which 
authorizes the licensee to export natural uranium to the Netherlands in 
the form of uranium hexafluoride.
II.
    By letter dated July 25, 2016 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML16207A715), as supplemented 
by information provided via electronic communication dated September 4, 
2016 (ADAMS Accession No. ML16259A096); two letters dated August 22, 
2016 (ADAMS Accession Nos. ML16239A127 and ML16239A148); letter dated 
August 23, 2016 (ADAMS Accession No. ML16239A157); and letter dated

[[Page 70445]]

September 16, 2016 (ADAMS Accession No. ML16263A305), AREVA Inc. 
requested that the NRC consent to: (1) The indirect transfer of control 
of the SNM-2015 license, for the Eagle Rock Enrichment Facility (EREF) 
to be built in Bonneville County, Idaho. This license is currently held 
by AES, which, after the completion of the reorganization of the AREVA 
family of companies will be renamed AREVA Nuclear Materials, LLC; (2) 
the direct transfer of control of the SUA-672 license, regarding the 
Lucky Mc tailings site in Fremont County, Wyoming, from AREVA Inc., to 
AREVA Nuclear Materials, LLC; (3) the direct transfer of control of the 
XSOU8780 export license from AREVA Inc., to AREVA Nuclear Materials, 
LLC; and (4) the direct transfer of control of the XSNM3643 and 
XSNM3722 export licenses from AREVA Inc., to a new AREVA corporate 
entity called TN Americas, LLC. In addition, AREVA Inc. requested 
approval of conforming amendments to reflect the new name of the 
licensee for the EREF (AREVA Nuclear Materials, LLC) and for the Lucky 
Mc tailings site (AREVA Nuclear Materials, LLC). AREVA Inc.'s July 25, 
2016, submittal also includes a request that the NRC confirm that the 
proposed reorganization would not involve any transfer of control of 
construction authorization (CA) number CAMOX-001 (for the mixed oxide 
(MOX) Fuel Fabrication Facility) that would need the NRC's prior 
consent pursuant to 10 CFR 70.36. Specifically in this regard, AREVA 
Inc.'s submittal states that it owns a minority, 30 percent (30%), non-
controlling interest in CB&I AREVA MOX Services, LLC (MOX Services), 
which holds CAMOX-001. AREVA Inc.'s ownership interests in MOX Services 
would be transferred to AREVA Nuclear Materials, LLC, and the submittal 
further states that this proposed transfer would not affect CB&I's 
controlling 70 percent (70%) interest in MOX Services. AREVA Inc.'s 
request for the NRC's consent to transfer licenses was submitted 
pursuant to Section 184 of the Atomic Energy Act of 1954, as amended 
(the AEA), and the NRC's implementing regulations in 10 CFR 40.46, 
70.36, and 10 CFR 110.51.
    A notice of the proposed action was published in the Federal 
Register on September 8, 2016 (81 FR 62180), and included (1) a notice 
of opportunity to request a hearing, and (2) a notice of opportunity to 
submit written comments. No requests for a hearing were submitted in 
response to this notice.
    Pursuant to 10 CFR 40.46 and 70.36, no license issued or granted 
under these provisions, nor any right thereunder, 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 shall, after securing full information, find that the 
transfer is in accordance with the provisions of the AEA, and gives its 
consent in writing.
    Pursuant to 10 CFR 110.50(d), an export license may be transferred, 
disposed of, or assigned to another person only with the approval of 
the Commission by license amendment.
    Pursuant to 10 CFR 110.51(a)(1), an application requesting 
amendment of an export license shall be filed on NRC Form 7, 
``Application for NRC Export or Import License, Amendment, Renewal or 
Consent Request(s),'' in accordance with 10 CFR 110.31 and 110.32, and 
must specify the grounds for the requested amendment.
    The Commission will approve an application for the direct or 
indirect transfer of a license if the Commission determines that the 
proposed transfer 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 AREVA 
Inc.'s request dated July 25, 2016, as supplemented by the information 
described above, and relying on AREVA Inc.'s statements and 
representations contained in its request, the NRC staff has determined 
that the proposed license transfers are acceptable and consistent with 
the AEA and the applicable regulations specified above. The NRC staff 
has further determined that requests for the proposed conforming 
license amendments comply with the standards and requirements of the 
AEA, and the NRC's regulations set forth in 10 CFR Chapter I. The 
transfers of control of the licenses and issuance of the conforming 
license amendments will not be inimical to the common defense and 
security, or to the health and safety of the public, or the 
environment, and all applicable requirements have been satisfied. This 
Order, and the findings set forth above, are supported by an NRC staff 
safety evaluation report (SER), which is available in ADAMS under 
Accession No. ML16264A306.
III
    Accordingly, pursuant to Sections 161b, 161i, and 184 of the AEA 
(42 U.S.C. 2201(b), 2201(i), and 2234); and 10 CFR 40.46, 70.36, and 
110.51(a)(1), IT IS HEREBY ORDERED that AREVA Inc.'s application 
regarding the transfers of control of the licenses, as described 
herein, be approved, subject to the following conditions:
    1. Within 30 days after the transfer of the license for the EREF 
has been completed, AES (i.e., AREVA Nuclear Materials, LLC after the 
reorganization is completed and implemented) must report to the NRC any 
changes affecting foreign ownership, control or influence issues. AES 
(to be re-named AREVA Nuclear Materials, LLC) holds a facility security 
clearance and is required, pursuant to 10 CFR 95.19, to update or 
affirm its standard practice procedures plan every 5 years. This update 
is due in March 2017.
    2. To ensure that the NRC is timely notified of the transfers' 
completion, at least one (1) business day prior to closing AREVA Inc. 
shall inform the Director, Office of Nuclear Material Safety and 
Safeguards, in writing, of the date of closing of the indirect transfer 
of the SNM-2015 license for the EREF, the direct transfer of the SUA-
672 license for the Lucky Mc mill tailings site, and the direct 
transfers of the export licenses XSNM3643, XSNM3722, and XSOU8780.
    IT IS FURTHER ORDERED that the conforming license amendments 
regarding the license transfers shall be issued after the above 
conditions have been satisfied, and such amendments will be effective 
at the time the proposed transfer of licenses is completed.
    IT IS FURTHER ORDERED that, should the pending corporate 
restructuring not be completed by January 1, 2017, this Order shall 
become null and void, provided, however, that the Director, Office of 
Nuclear Material Safety and Safeguards, may relax or rescind, in 
writing, any of the above conditions upon a demonstration of good cause 
by AREVA, Inc.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated July 25, 2016; AREVA Inc.'s subsequent submittals 
dated August 22, 2016, August 23, 2016, September 4, 2016, and 
September 16, 2016; and the SER that supports this action. These 
documents are available for public inspection at the Commission's 
Public Document Room (PDR), located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, MD 20852, and 
available online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. For problems with ADAMS, please 
contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737, 
or by e-mail to [email protected].


[[Page 70446]]


    Dated at Rockville, Maryland, this 30th day of September 2016.

    For the Nuclear Regulatory Commission.

Marc L. Dapas,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-24598 Filed 10-11-16; 8:45 am]
 BILLING CODE 7590-01-P