[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32257-32258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10722]
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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; Order Approving Indirect
Transfer of Control of License
AGENCY: Nuclear Regulatory Commission.
ACTION: Indirect transfer of license; order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an Order
approving the indirect transfer of several licenses for Westinghouse
Electric Company, LLC (Westinghouse). Westinghouse is the holder of
special nuclear materials (SNM) license number SNM-1107, which
authorizes the possession and use of SNM at the Columbia Fuel
Fabrication Facility in Hopkins, South Carolina. Westinghouse is also
the holder of several export licenses as noted in the Order. The Order
approves the indirect transfer of control of these licenses resulting
from the acquisition of Westinghouse's intermediate parent company,
Brookfield WEC Holdings Inc., by Watt New Aggregator L.P., in which
Brookfield Corporation will hold a controlling 51 percent interest and
Cameco Corporation will hold the remaining 49 percent interest. The
Order became effective upon issuance.
DATES: The Order was issued on May 15, 2023, and is effective until May
15, 2024.
ADDRESSES: Please refer to Docket ID NRC-2023-0038 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 http://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.
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 and Safety Evaluation
Report is available in ADAMS under Package Accession No. ML23096A266.
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.
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: The text of the Order is attached.
Dated: May 16, 2023.
For the Nuclear Regulatory Commission.
Shana R. Helton,
Director, Division of Fuel Management, Office of Nuclear Material
Safety and Safeguards.
Attachment--Order Approving the Indirect Transfer of Control of
Licenses
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of Westinghouse Electric Company, LLC: EA-23-052; 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; License
Nos. SNM-1107, XCOM1014, XCOM1047, XCOM1072, XCOM1093, XCOM1094,
XCOM1102, XCOM1111, XCOM1113, XCOM1116, XCOM1170, XCOM1188, XCOM1219,
XCOM1246, XCOM1249, XCOM1252, XCOM1255, XCOM1262, XCOM1298, XSNM3006,
XSNM3163, XSNM3264, XSNM3461, XSNM3702, XSNM3769, XSNM3802, XSNM3803,
XSNM3804, XSNM3820, XSNM3825, XSNM3829, XSNM3830, XR169, XR176, XR178
Order Approving the Indirect Transfer of Control of Licenses
I
Westinghouse Electric Company, LLC (Westinghouse), is the holder of
materials license number SNM-1107, which authorizes the possession and
use of special nuclear material (SNM) at the Columbia Fuel Fabrication
Facility (CFFF) in Hopkins, South Carolina. Westinghouse is also the
holder of export license numbers: 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.
II
By letter dated December 20, 2022 (Agencywide Documents Access and
Management System [ADAMS] Accession Number ML22354A291), and
supplemented by letters dated February 17, 2023 (ADAMS Accession
Numbers ML23053A070 and ML23053A074), and February 27, 2023 (ADAMS
Accession Number ML23058A448), (collectively, the Application),
Westinghouse requested the U.S. Nuclear Regulatory Commission's (NRC)
consent to the indirect transfer of control of the licenses listed
above. The Application describes the indirect transfer of control of
Westinghouse from Brookfield WEC Holdings Inc. (WEC Holdings), one of
Westinghouse's intermediate parent companies, to Watt New Aggregator
L.P. (Watt), an exempted limited partnership formed under the laws of
the Cayman Islands, which is ultimately controlled by Brookfield
Corporation (Brookfield), a Canadian company.
Westinghouse is currently a wholly owned subsidiary of WEC
Holdings. Upon closing of the transaction, Watt will acquire 100% of
Westinghouse. Brookfield will indirectly hold a 51 percent interest in
Watt and Watt GP
[[Page 32258]]
Ltd., a Bermuda company limited by shares, which controls Watt as its
general partner. The remaining 49 percent interest in Watt and Watt GP
Ltd. will be held by Cameco Corporation.
There will be no direct transfer of control involved with the
transaction because Westinghouse will continue to be the licensee.
There will also be no change in the management or technical personnel
responsible for licensed activities. The current safety, security, and
licensing organizations within Westinghouse will remain unchanged.
Additionally, there are no planned changes in the operational
organization, location, facilities, equipment, or procedures associated
with the NRC licenses, and there will be no changes in Westinghouse
operating procedures, emergency procedures, or decommissioning
financial assurance. Because the licensee remains the same, there will
be no physical transfer of any records concerning the safe and
effective decommissioning of the facility, public dose, and waste
disposal, and such records will remain with Westinghouse. No physical
or operational changes affecting the Westinghouse sites and licensed
activities were proposed in the Application.
Westinghouse requested the NRC's consent to the indirect transfer
of control, pursuant to Section 184 of the Atomic Energy Act of 1954,
as amended (the Act or AEA), and title 10 of the Code of Federal
Regulations (10 CFR) section 70.36 and 110.50. A notice of receipt of
the Application and opportunity to request a hearing and provide
written comments was published in the Federal Register on February 16,
2023 (88 FR 10146). The NRC did not receive any comments or requests
for a hearing in response to the notice.
Section 184 of the AEA provides that no NRC license shall be
transferred, assigned, or in any manner disposed of, directly or
indirectly, through transfer of control of any license to any person
unless the Commission, after securing full information, finds that the
transfer is in accordance with the provisions of the AEA, and gives its
consent in writing. Pursuant to 10 CFR 70.36, no 10 CFR part 70 license
shall be transferred, assigned, or in any manner disposed of, either
voluntarily or involuntarily, directly or indirectly, unless the NRC,
after securing full information, finds that the transfer is in
accordance with the provisions of the Act, and gives its consent in
writing. After review of the information in the Application, and
relying on the representations and agreements contained in the
Application, the NRC staff has determined that Watt is qualified to
hold the ownership interests previously held by WEC Holdings, and that
the transfer of ownership and operating interests to Watt, described in
the Application, is otherwise consistent with applicable provisions of
law and regulations. The NRC staff further finds that the requested
transfer of control will not be inimical to the common defense and
security or to the health and safety of the public. The findings set
forth above are supported by the NRC's Safety Evaluation Report issued
with this Order. These findings are subject to the conditions set forth
below.
III
Accordingly, pursuant to Sections 161.b., 161.i., 183, and 184 of
the Act; 42 U.S.C. 2201(b), 2201(i), 2233, and 2234; and 10 CFR 70.36,
IT IS HEREBY ORDERED that the Application regarding the indirect
transfer of control over licenses listed above from WEC Holdings to
Watt, is approved, subject to the following conditions:
1. With respect to the licenses listed above, Westinghouse shall
continue to abide by all commitments and representations it previously
made. These include, but are not limited to, maintaining
decommissioning records and financial assurance, conducting
decontamination activities, and eventually decommissioning the site.
2. The commitments/representations made in the Application
regarding reporting relationships and authority over safety and
security matters as well compliance with NRC requirements, shall be
adhered to and may not be modified without the prior written consent
from the Director, Office of Nuclear Material Safety and Safeguards, or
that person's designee.
It is further ordered that Westinghouse, at least one (1) business
day before all actions necessary to accomplish the indirect transfer of
control are completed, shall so inform the Director, Office of Nuclear
Material Safety and Safeguards, in writing. Should the proposed
indirect transfer not be completed within one year from the date of
issuance of this Order, the Order shall become null and void; provided,
however, upon timely written application and for good cause shown, such
completion date may be extended by Order.
This Order is effective upon issuance.
For further details with respect to this Order, see the Application
cited in section II above, and the Safety Evaluation Report supporting
this action (ADAMS Accession Number ML23096A282), which are available
for public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area 01-F21, 11555
Rockville Pike (first floor), Rockville, Maryland, and accessible,
electronically, through the ADAMS Public Electronic Reading Room, on
the internet, at the NRC website, http://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, 301-415-
4737, or via email, to [email protected].
Dated and issued this 15th day of May, 2023.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-10722 Filed 5-18-23; 8:45 am]
BILLING CODE 7590-01-P