[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10146-10148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03243]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 70-1151, 11004036, 11004358, 11004552, 11004736, 11004752,
11004918, 11005030, 11005042, 11005057, 11005536, 11005908, 11006001,
11006014, 11006040, 11006060, 11006085, 11006217, 11005472, 11006011,
11006216, 11004990, 11005224, 11005639, 11005968, 11006233, 11006332,
11006333, 11006334, 11006403, 11006430, 11006446, 11006453; NRC-2023-
0038]
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 December 20, 2022. The application seeks
NRC approval of the indirect transfer of materials license SNM-1107 and
several export licenses for Westinghouse, from Brookfield Corporation
(Brookfield), the parent company of the license holder, to Watt New
Aggregator L.P., which Brookfield will hold a controlling 51 percent
interest in and Cameco Corporation (Cameco) will hold the remaining 49
percent interest. The application contains sensitive unclassified non-
safeguards information (SUNSI).
DATES: Submit comments by March 20, 2023. A request for a hearing or
petition for leave to intervene must be filed by March 8, 2023. 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;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0038. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: Jenny Tobin, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-2328, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0038 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 https://www.regulations.gov and search for Docket ID NRC-2023-0038.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly
[[Page 10147]]
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
Application for Consent to Indirect Change of Control with Respect to a
Materials License, Export Licenses, and Notification Regarding Other
Approvals and Request for Threshold Determination is available in ADAMS
under Accession No. ML22354A291.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2023-0038 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
https://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. On December 20, 2022, Westinghouse submitted an
application (ADAMS Accession No. ML22354A291) pursuant to 10 CFR 70.36,
10 CFR 110.50, and 10 CFR 110.51 regarding materials license SNM-1107
and export licenses XCOM-1014, XCOM-1047, XCOM-1072, XCOM-1093, XCOM-
1094, XCOM-1102, XCOM-1111, XCOM-1113, XCOM-1116, XCOM-1170, XCOM-1188,
XCOM-1219, XCOM-1246, XCOM1249, XCOM-1252, XCOM-1255, XCOM-1262, XCOM-
1298, XR-169, XR-176, XR-178, XSNM-3006, XSNM-3163, XSNM-3264, XSNM-
3461, XSNM-3702, XSNM-3769, XSNM-3802, XSNM-3803, XSNM-3804, XSNM-3820,
XSNM-3825, XSNM-3829, and XSNM-3830.
According to Westinghouse, the application and consent request are
necessitated by the proposed indirect acquisition of 100 percent of
Westinghouse by Watt New Aggregator L.P. that is ultimately controlled
by Brookfield, a Canadian company. Upon the closing of the transaction,
Brookfield will indirectly hold a controlling interest in Watt GP Ltd.,
which controls Watt New Aggregator L.P. as its general partner.
Brookfield will also indirectly hold a 51 percent limited partnership
interest in Watt New Aggregator L.P. The remaining 49 percent interest
in Watt GP and Watt New Aggregator L.P. will be held by Cameco, a
Canadian company. After the closing of the transaction, Westinghouse
will continue to be indirectly controlled by Brookfield, as Brookfield
ultimately controls Watt New Aggregator L.P. Cameco, however, will be
entitled to certain shareholder rights. Westinghouse will continue to
operate the facility and hold the licenses.
No physical changes or operational changes associated with the
licensed activities 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 10 CFR 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
person (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 10 CFR
2.309 and 10 CFR 110.82. If a petition is filed, the presiding officer
will rule on the petition and, if appropriate, a notice of a hearing
will be issued.
Petitions must be filed no later than 20 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
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).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 20 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally
[[Page 10148]]
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
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 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 https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://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. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 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 to
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 https://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., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, 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. 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
should not 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 December 20, 2022 (ML22354A291).
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 Michael T. Sweeney, 412-
374-4526 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: February 10, 2023.
For the Nuclear Regulatory Commission.
Shana R. Helton,
Director, Division of Fuel Management, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2023-03243 Filed 2-15-23; 8:45 am]
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