[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22294-22297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10177]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 70-1151 and 70-0036; NRC-2018-0095]
Westinghouse Electric Company LLC; Consideration of Approval of
Transfer of License
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of license; opportunity to
comment, request a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by Westinghouse Electric
Company, LLC (Westinghouse) on March 21, 2017. The application seeks
NRC approval of the indirect transfer of material licenses SNM-1107;
SNM-33; and several export licenses for the Westinghouse Electric
Company, LLC from Toshiba Corporation, the current parent company of
the license holder, to Brookfield WEC Holdings Inc., which is
ultimately owned and controlled by Brookfield Asset Management Inc.
DATES: Comments must be filed by June 13, 2018. A request for a hearing
on the materials license transfers must be filed by June 4, 2018 and a
request for a hearing on the export license transfers must be filed by
June 13, 2018. Any potential party as defined in Sec. 2.4 of title 10
of the Code of Federal Regulations (10 CFR), who believes access to
SUNSI is necessary to respond to this notice must follow the
instructions in Section VI of the SUPPLEMENTARY INFORMATION section of
this notice.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0095. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, Nuclear Regulatory Commission
at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission,
[[Page 22295]]
Washington, DC 20555-1101, ATTN: Rulemakings and Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Ms. Marilyn Diaz, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-7110, email:
[email protected], U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0095 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0095.
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
Westinghouse Application for Consent to Indirect Change of Control with
Respect to Material Licenses and Export Licenses is available in ADAMS
under Accession No. ML18086B504.
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-2018-0095 in your comment submission.
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. 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 into ADAMS.
II. Introduction
The NRC is considering approving the indirect transfer of control
of Westinghouse from Toshiba Corporation, the current parent company of
the license holder. The application was submitted pursuant to 10 CFR
70.36, 10 CFR 110.50, and 10 CFR 110.51. Westinghouse holds materials
licenses SNM 1107; SNM-33; and export licenses XCOM1014, XCOM1047,
XCOM1072, XCOM1082, XCOM1093, XCOM1094, XCOM1102, XCOM1111, XCOM1113,
XCOM1116, XCOM1170, XCOM1188, XCOM1219, XCOM1246, XCOM1249, XCOM1252,
XCOM1255, XCOM1262, XCOM1298, XSNM3006, XSNM3034, XSNM3163, XSNM3264,
XSNM3461, XSNM3702, XSNM3769, XR169, XR176, and XR178.
According to the application for approval filed by Westinghouse,
the transaction will result in a transfer of controlling interest in
Westinghouse from its current parent company Toshiba Corporation, to
Brookfield WEC Holdings Inc., a Delaware limited liability company,
which is ultimately owned and controlled by Brookfield Asset Management
Inc., a Canadian company. Westinghouse will continue to operate the
facility and hold the licenses.
No changes to the licensed facilities, equipment or operational
changes are being proposed in the application.
Section 184 of the Atomic Energy Act provides ``[n]o license
granted hereunder and no right to utilize or produce special nuclear
material granted hereby shall be transferred, assigned or in any manner
disposed of, either voluntarily or involuntarily, 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 this Act, and
shall give its consent in writing.'' The NRC's regulations at 10 CFR
70.36 state that no license, or any right thereunder, shall be
transferred, directly or indirectly, through transfer of control of the
license, unless the Commission, after securing full information, finds
that the transfer is in accordance with the provisions of the Atomic
Energy Act and gives its consent in writing. The Commission will
approve an application for the indirect transfer of a license if the
Commission determines that the proposed transfer of controlling
interest will not affect the qualifications of the licensee to hold the
license, and that the licensee has provided the financial assurance for
decommissioning required by 10 CFR 70.25. 10 CFR 110.50(d) likewise
requires Commission approval for transfers of a specific export or
import license.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305 and 110.81. The Commission will
consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted as described in the ADDRESSES section of
this document.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 20 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2, as well as the public participation
procedures in 10 CFR part 110. Interested persons should consult a
current copy of 10 CFR 2.309 and 110.82. The NRC's regulations are
accessible electronically from the NRC Library on the NRC's website at
http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a
copy of the regulations is available at the NRC's Public Document Room,
located at One White Flint North, Room O1-F21, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
With respect to the materials licenses, as required by 10 CFR
2.309(d), the petition should specifically explain the reasons why
intervention should be
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permitted with particular reference to the following general
requirements for standing: (1) The name, address, and telephone number
of the petitioner; (2) the nature of the petitioner's right under the
Act to be made a party to the proceeding; (3) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (4) the possible effect of any decision or order which
may be entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions filed under 10 CFR 2.309 must be filed no later than 20
days from the date of publication of this notice. Petitions and motions
for leave to file new or amended contentions that are filed after the
deadline will not be entertained absent a determination by the
presiding officer that the filing demonstrates good cause by satisfying
the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 20 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section.
Alternatively, a State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
With respect to the export licenses, hearing requests and petitions
to intervene should be filed in accordance with 10 CFR 110.82, which
requires petitioners to explain why a hearing or an intervention would
be in the public interest and how a hearing or intervention would
assist the Commission in making the determinations required by Sec.
110.45. Such petitions must be filed no later than 30 days from the
date of publication of this notice.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not
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serve the document on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before adjudicatory
documents are filed so that they can obtain access to the documents via
the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at http://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy
information, such as social security numbers, home addresses, or
personal phone numbers in their filings, unless an NRC regulation or
other law requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
For further details with respect to this application, see the
application dated March 21, 2018 (ADAMS Accession No. ML18086B504).
VI. Access to Sensitive Unclassified Non-Safeguards Information for
Contention Preparation
Any person who desires access to proprietary, confidential
commercial information that has been redacted from the application
should contact the applicant by telephoning Ray P. Kuyler, Assistant
General Counsel, Westinghouse Electric Company at 301-230-4884 for the
purpose of negotiating a confidentiality agreement or a proposed
protective order with the applicant. If no agreement can be reached,
persons who desire access to this information may file a motion with
the Secretary and addressed to the Commission that requests the
issuance of a protective order.
Dated at Rockville, Maryland, this 9th day of May, 2018.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-10177 Filed 5-11-18; 8:45 am]
BILLING CODE 7590-01-P