[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]
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