[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]
BILLING CODE 7590-01-P