[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23071-23072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08686]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-264; NRC-2020-0048]


In the Matter of the Dow Chemical Company; Dow TRIGA Research 
Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: Indirect transfer of license; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
is issuing an order approving an application filed by the Dow Chemical 
Company (TDCC) on November 22, 2019. The application sought NRC 
approval of the indirect transfer of control of Renewed Facility 
Operating License No. R-108 for the Dow TRIGA Research Reactor (DTRR). 
The indirect transfer of control resulted from the merger of TDCC with 
E.I. du Pont De Nemours and Company in August 2017, which established a 
new parent company, DowDuPont, Inc. Subsequently, in April 2019, Dow, 
Inc. was formed as a separate company from DowDuPont, Inc. and TDCC 
became a wholly-owned subsidiary of Dow, Inc. The NRC determined that 
TDCC

[[Page 23072]]

remains qualified to hold Renewed Facility Operating License No. R-108, 
and that the indirect transfer of the license is otherwise consistent 
with the applicable provisions of law, regulations, and orders issued 
by the Commission pursuant thereto. The NRC further determined that the 
indirect transfer of control of the license necessitated no changes to 
the license. The order is effective on the date it was issued.

DATES: The order was issued on April 17, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0048 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0048. Address 
questions about NRC docket IDs in Regulations.gov 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.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 is available in ADAMS) is provided.

FOR FURTHER INFORMATION CONTACT: Geoffrey Wertz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-0893, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: April 20, 2020.

    For the Nuclear Regulatory Commission.
Greg A. Casto,
Chief, Non-Power Production and Utilization Facility Licensing Branch, 
Division of Advanced Reactors and Non-Power Production and Utilization 
Facilities, Office of Nuclear Reactor Regulation.

Attachment--Order Approving Indirect Transfer of Control of License

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-264; License No. R-108]

In the Matter of The Dow Chemical Company

Dow TRIGA Research Reactor

ORDER APPROVING INDIRECT TRANSFER OF CONTROL OF LICENSE

I.

    The Dow Chemical Company (TDCC, the licensee) is the holder of 
Renewed Facility Operating License No. R-108 for the Dow TRIGA Research 
Reactor (DTRR), located on property owned by TDCC in Midland, Michigan. 
TDCC is a wholly-owned subsidiary of Dow, Inc.

II.

    By application dated November 22, 2019, the licensee requested that 
the U.S. Nuclear Regulatory Commission (NRC, the Commission) approve, 
pursuant to Section 184, ``Inalienability of Licenses,'' of the Atomic 
Energy Act of 1954, as amended, and Title 10 of the Code of Federal 
Regulations (10 CFR) 50.80, ``Transfer of licenses,'' the indirect 
transfer of control of the license for the DTRR, without amendment. The 
indirect transfer of control resulted from the merger of TDCC with E.I. 
du Pont De Nemours and Company in August 2017, which established a new 
parent company, DowDuPont, Inc. Subsequently, in April 2019, Dow, Inc. 
was formed as a separate company from DowDuPont, Inc. and TDCC became a 
wholly-owned subsidiary of Dow, Inc.
    A notice entitled, ``Dow TRIGA Research Reactor; Consideration of 
Approval of Transfer of License,'' was published in the Federal 
Register on February 11, 2020 (85 FR 7800). The NRC received one 
comment that was submitted anonymously and stated only: ``Good.'' No 
hearing requests were received.
    Under 10 CFR 50.80, no license for a production or utilization 
facility, or any right thereunder, shall be transferred, either 
voluntarily or involuntarily, directly or indirectly, through transfer 
of control of the license to any person, unless the Commission gives 
its consent in writing. Upon review of the information in the 
application, and other information before the Commission, the NRC staff 
has determined that TDCC remains qualified to hold Renewed Facility 
Operating License No. R-108, and that the indirect transfer of Renewed 
Facility Operating License No. R-108 is otherwise consistent with the 
applicable provisions of law, regulations, and orders issued by the 
Commission pursuant thereto. The NRC staff has further determined that 
the indirect transfer of control of Renewed Facility Operating License 
No. R-108 necessitates no changes to the license.
    The findings set forth above are supported by an NRC staff safety 
evaluation (SE) dated April 17, 2020.

III.

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended, 42 U.S.C. Sections 2201(b), 2201(i), 
and 2234; and 10 CFR 50.80, it is hereby ordered that the application 
regarding the indirect license transfer is approved for the DTRR.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the application 
dated November 22, 2019 (Agencywide Documents Access and Management 
System (ADAMS) Accession No. ML19330A244), and the SE dated April 17, 
2020 (ADAMS Accession No. ML20045F356), which are available for public 
inspection at the NRC's Public Document Room (PDR), located at One 
White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available documents created or 
received at the NRC are accessible electronically through ADAMS in the 
NRC Library at https://www.nrc.gov/reading-rm/adams.html. Persons who 
do not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC PDR reference staff 
by telephone at 1-800-397-4209 or 301-415-4737, or by email to 
[email protected].

    Dated at Rockville, Maryland, this 17th day of April 2020.

    For The Nuclear Regulatory Commission.

Brian W. Smith,
Deputy Director, Division of Advanced Reactors and Non-Power, 
Production and Utilization Facilities, Office of Nuclear Reactor 
Regulation.

[FR Doc. 2020-08686 Filed 4-23-20; 8:45 am]
 BILLING CODE 7590-01-P