[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6317-6318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01920]
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NUCLEAR REGULATORY COMMISSION
[EA-23-009; NRC-2023-0023]
In the Matter of Westinghouse Electric Company LLC; Order
Suspending License To Export to the Republic of South Africa
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order to Westinghouse Electric Company LLC suspending NRC license
XCOM1252, which authorizes the export of fuel assembly components to
Sweden for fabrication of fuel assemblies and subsequent shipment of
the completed fuel assemblies to the Republic of South Africa (RSA) for
use in Koeberg Nuclear Power Station Units 1 and 2. The suspension is
required because the license was issued, in part, based on assurances
from the RSA that the components would be made subject to the terms of
the Agreement for Cooperation in Peaceful Uses of Nuclear Energy (123
Agreement) between the United States (U.S.) and the Government of South
Africa. However, the U.S.-RSA 123 Agreement expired on December 4,
2022, and therefore the assurances that supported issuance of the
license are no longer valid.
DATES: The Order was issued on January 13, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0023 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-2023-0023. 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.
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 Order is available in ADAMS under
Package Accession No. ML23012A121.
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
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Langlie, Office of International
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-287-9076, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: January 25, 2023.
For the Nuclear Regulatory Commission.
David L. Skeen,
Director, Office of International Programs.
United States
Nuclear Regulatory Commission
In the Matter of: Westinghouse Electric Company LLC, 1000 Westinghouse
Drive, Cranberry Township, PA 16066, License No. XCOM1252, Docket No.
11006040, EA-23-009
Order Suspending License To Export to the Republic of South Africa
(Effective Immediately)
I
Westinghouse Electric Company LLC (Westinghouse or ``the
licensee'') holds a specific license (XCOM1252) issued by the U.S.
Nuclear Regulatory Commission (NRC) pursuant to Sections 53 and 127 of
the Atomic Energy Act of 1954, as amended (AEA) and 10 CFR part 110.
This specific license authorizes the export of fuel assembly components
to Sweden for fabrication of fuel assemblies and subsequent shipment of
the completed fuel assemblies to the Republic of South Africa (RSA) for
use in Koeberg Nuclear Power Station Units 1 and 2. The export to the
RSA is authorized under the terms of an Agreement for Cooperation in
Peaceful Uses of Nuclear Energy (123 Agreement) between the United
States (U.S.) and the Government of South Africa. Although the original
expiration date for XCOM1252 was December 31, 2020, the licensee
submitted an application to renew and amend the license on November 19,
2020. Therefore, in accordance with 10 CFR 110.51(b)(2), XCOM1252
remains valid until the NRC acts on the pending application.
II
Export license XCOM1252 was issued with nonproliferation assurances
from the RSA that the exported components would be placed under the
terms and conditions of the U.S.-RSA 123 Agreement. Those assurances
were used as the basis to meet the export licensing criteria in 10 CFR
110.42(b) for export of nuclear equipment other than a
[[Page 6318]]
production or utilization facility. On December 4, 2022, the U.S.-RSA
123 Agreement expired. Therefore, the assurances from RSA that were
used as the basis to approve XCOM1252 are no longer valid.
While assurances that an export will be placed under the terms of a
123 Agreement can be used to satisfy the licensing criteria in 10 CFR
110.42(b) for export of nuclear equipment other than a production or
utilization facility, they are not the only type of assurances that can
satisfy these criteria. The criteria in Sec. 110.42(b) can also be met
for these types of exports with the following assurances from the RSA:
(1) IAEA safeguards as required by Article III (2) of the NPT will be
applied to such equipment; (2) No such equipment will be used for any
nuclear explosive device or for research on or development of any
nuclear explosive device; and (3) No such equipment will be
retransferred to the jurisdiction of any other country or group of
countries without the prior consent of the United States. Unless such
assurances are in place, the licensee is not authorized to conduct any
further exports to the RSA.
III
Accordingly, pursuant to Sections 53, 54, 57, 123, 127, 161b, 161i,
183, and 186 of the AEA, and 10 CFR 110.50(a)(1) and (2) and 110.52, it
is hereby ordered, effective immediately, that license XCOM1252 is
suspended as follows:
A. The licensee's authorization under XCOM1252 to export equipment
and components to Sweden for fabrication into fuel assemblies and to
subsequently ship the completed fuel assemblies to the RSA is
suspended, and such exports are prohibited.
B. This Order will expire, without any further action by the NRC,
when the NRC acts on the pending application to renew and amend
XCOM1252.
The NRC finds that the common defense and security requires this
action. Therefore, in accordance with 10 CFR 110.52(c), the licensee
need not be afforded an opportunity to reply and be heard prior to
issuance of this Order.
For the Nuclear Regulatory Commission
David L. Skeen,
Director, Office of International Programs.
Dated at Rockville, Maryland this 13th day of January 2023.
[FR Doc. 2023-01920 Filed 1-30-23; 8:45 am]
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