[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85674-85676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27005]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-18, 50-70, 50-73, 50-183, 70-754, 70-1113, 70-1220, 72-
1, 11001075, 11001076, 11005081, 11005086, 11005186, 11005555, and
11006278; NRC-2023-0119]
Indirect Transfers of Licenses; Order; In the Matter of General
Electric Company, GE-Hitachi Nuclear Energy Americas, LLC, and Global
Nuclear Fuel-Americas, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving the application filed by General Electric Company (GE),
GE-Hitachi Nuclear Energy Americas, LLC (GEHA), and Global Nuclear
Fuel-Americas, LLC (GNF-A) on May 30, 2023, as supplemented by letters
dated June 20, June 26, and September 27, 2023. Specifically, the order
approves the indirect transfers of Possession Only License No. DPR-1
for the Vallecitos Boiling Water Reactor at the Vallecitos Nuclear
Center (VNC) in Sunol, California; Possession Only License No. TR-1 for
the GE Test Reactor at the VNC; Facility Operating License No. R-33 for
the Nuclear Test Reactor at the VNC; Possession Only License No. DR-10
for the Empire State Atomic Development Associates Vallecitos
Experimental Superheat Reactor at the VNC; Special Nuclear Material
License Nos. SNM-960 and SNM-1270 for the VNC; Special Nuclear Material
License No. SNM-1097 for the Wilmington Fuel Manufacturing Facility in
Wilmington, North Carolina; Special Nuclear Material License No. SNM-
2500 for the Morris Operation Independent Spent Fuel Storage
Installation in Grundy County, Illinois, near Morris, Illinois; and
Export License Nos. XR135, XSNM1662, XSNM3066, XCOM1124, XSNM03135,
XSNM3398, and XSNM3785 from GE, the parent company of the license
holders, GEHA and GNF-A, to GE Vernova LLC, later to be converted to a
corporation (GE Vernova Corp.).
DATES: The order was issued on November 30, 2023, and is effective
immediately.
ADDRESSES: Please refer to Docket ID NRC-2023-0119 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-2023-0119. 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, at 301-415-4737,
or by email to [email protected]. The order and the NRC staff safety
evaluation supporting the order are available in ADAMS under Package
Accession No. ML23283A327.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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: Osiris Siurano-P[eacute]rez, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-7827; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated: December 5, 2023.
For the Nuclear Regulatory Commission.
Osiris Siurano-Perez,
Project Manager, Fuel Facility Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety and Safeguards.
Attachment--Order Approving the Indirect Transfers of Control of
License
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of General Electric Company, Ge-Hitachi Nuclear Energy
Americas, LLC, and Global Nuclear Fuel-Americas, LLC: EA-23-132; Docket
Nos.: 50-18, 50-70, 50-73, 50-183, 70-754, 70-1113, 70-1220, 72-1,
11001075, 11001076, 11005081, 11005086,11005186, 11005555, 11006278;
License Nos.: DPR-1, TR-1, R-33, DR-10 SNM-960, SNM-1097, SNM-1270,
SNM-2500, XR135, XSNM1662, XSNM3066, XCOM1124,
[[Page 85675]]
XSNM03135, XSNM3398, XSNM3785; Certificate of Compliance Nos.: 9228
(Transportation Package USA/9228/B(U)F-96), 9294 (Transportation
Package USA/9294/AF-96), and 9309 (Transportation Package USA/9309/
B(U)F-96).
Order Approving the Indirect Transfers of Control of Licenses
I.
General Electric Company (GE) and Hitachi Ltd. (Hitachi), a
Japanese corporation, hold the ownership interests in GE-Hitachi
Nuclear Energy Americas, LLC (GEHA) and Global Nuclear Fuel-Americas,
LLC (GNF-A), with GE holding 60 percent ownership interest and Hitachi
holding the remaining 40 percent ownership interest through wholly
owned companies. Currently, GEHA is the holder of part 50 of title 10
of the Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization Facilities,'' reactor license numbers R-33,
DPR-1, DR-10, and TR-1 for reactors at the Vallecitos Nuclear Center
(VNC) in Sunol, California. GEHA also holds 10 CFR part 70, ``Domestic
Licensing of Special Nuclear Material,'' special nuclear material (SNM)
license numbers SNM-960 and SNM-1270 for the VNC. In addition, GEHA is
the holder of 10 CFR part 72, ``Licensing Requirements for the
Independent Storage of Spent Nuclear Fuel, High-Level Radioactive
Waste, and Reactor-Related Greater Than Class C Waste,'' license number
SNM-2500 for the Morris Operation Independent Spent Fuel Storage
Installation (ISFSI) in Morris, Illinois, and also holds export license
numbers XR- 135 and XCOM1124. GEHA also holds Certificate of Compliance
(CoC) number 9228 for Transportation Package USA/9228/B(U)F-96. GNF-A
is the holder of 10 CFR part 70 license number SNM-1097 for the
Wilmington Fuel Manufacturing Facility in Wilmington, North Carolina,
and also holds export license numbers XSNM1662, XSNM03135, XSNM3398,
XSNM3785, and XSNM3066, as well as CoC numbers 9294 for Transportation
Package USA/9294/AF-96 and 9309 for Transportation Package USA/9309/
B(U)F-96.
II.
By letter dated May 30, 2023 (Agencywide Documents Access and
Management System Accession Number ML23152A116), as supplemented by
letters dated June 20, 2023 (ML23171A976), June 26, 2023 (ML23177A089),
and September 27, 2023 (ML23271A086) (collectively, the application),
GE, GEHA, and GNF-A (together, the applicants) submitted an application
requesting that the U.S. Nuclear Regulatory Commission (NRC, the
Commission) consent to the indirect transfers of control of the NRC
reactor, materials, and export licenses held by GEHA and GNF-A and
providing related notice for the CoCs held by GEHA and GNF-A. The
applicants stated that the application involves the second phase of a
company reorganization in which GE would transfer its various energy-
related businesses, including its ownership interest in GEHA and GNF-A,
into a recently created wholly owned subsidiary named GE Vernova LLC.
Hitachi's ownership interests would not be affected by the proposed
transaction. The applicants stated that the reorganization would occur
in two steps, each of which would involve an indirect transfer of
control of the NRC licenses. First, GE Vernova LLC would become an
intermediate holding company and an indirect corporate parent of both
GEHA and GNF-A. Second, GE Vernova LLC would be converted into a
corporation (i.e., GE Vernova Corp.) and then GE would distribute the
shares of GE Vernova Corp. to its shareholders. As a result, GE Vernova
Corp. would become the new ultimate U.S. parent company for both GEHA
and GNF-A. These two steps are required to effectuate the transaction,
and the second step would not occur without the first. The applicants
stated that only a single application for both steps was being
submitted and requested that the NRC grant its consent to both steps.
There would be no direct transfer of control of the NRC licenses
involved with the transaction because GEHA and GNF-A would continue to
be the holders of the NRC licenses after the proposed transaction.
There would also be no change in the management or technical personnel
responsible for licensed activities. The current safety, security, and
licensing organizations within GEHA and GNF-A would remain unchanged.
Additionally, there are no planned changes in the operational
organization, location, facilities, equipment, or procedures associated
with the NRC licenses, and there would be no changes in operating
procedures, emergency procedures, or decommissioning financial
assurance. Because the licensees remain the same, there will be no
physical transfer of any records concerning the safe and effective
decommissioning of the facilities, public dose, and waste disposal, and
such records will remain with GEHA and GNF-A. No physical or
operational changes affecting the GEHA and GNF-A sites and licensed
activities were proposed in the application.
The applicants requested the NRC's consent to the indirect
transfers of control pursuant to Section 184 of the Atomic Energy Act
of 1954, as amended (the Act), and 10 CFR 50.80, 70.36, 72.50, and
110.50(d). A notice of receipt of the application and opportunity to
request a hearing and provide written comments was published in the
Federal Register on July 19, 2023 (88 FR 46197). The NRC did not
receive any comments or requests for a hearing in response to this
notice.
In accordance with 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. In accordance with 10 CFR 70.36, no
license granted under the regulations of 10 CFR part 70 and no right to
possess or utilize SNM granted by any license issued pursuant to the
regulations in 10 CFR part 70 shall be transferred, 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 the Act, and shall give its consent in writing. In
accordance with 10 CFR 72.50, no license or any part included in a
license for an ISFSI 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. In accordance with 10 CFR 110.50(d), a specific license may be
transferred to another person only with the approval of the Commission.
Upon review of the information in the application, as supplemented,
and other information before the NRC, and relying on the
representations contained in the application, the NRC staff has
determined that GE Vernova Corp. is qualified to indirectly hold the
NRC licenses, to the extent described in the application, and that the
indirect transfers of the licenses are otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission pursuant thereto. The NRC staff has also determined that:
(1) there is reasonable assurance that the health and safety of the
public will not be endangered by operation in the proposed manner, (2)
there is reasonable assurance that such activities will be
[[Page 85676]]
conducted in compliance with the Commission's regulations, and (3) the
transfers 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 an NRC staff safety evaluation dated the same date as this
order, which is available at ADAMS Accession No. ML23283A328.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Act,
42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 50.80, 70.36, 72.50,
and 110.50(d), IT IS
HEREBY ORDERED that the license transfer application, as described
herein, is approved.
It is further ordered that after receipt of all required regulatory
approvals of the proposed transaction, the applicants shall inform the
Director of the Office of Nuclear Reactor Regulation and the Director
of the Office of Nuclear Material Safety and Safeguards in writing of
such receipt at least one (1) business day before all actions necessary
to accomplish the indirect transfers of control are completed. Should
the proposed indirect transfers not be completed within 1 year of the
date of this order, this order shall become null and void, provided,
however, that upon timely written application and for good cause shown,
such date may be extended by order.
This order is effective upon issuance.
For further details with respect to this order, see the application
dated May 30, 2023, as supplemented by letters dated June 20, 2023,
June 26, 2023, and September 27, 2023, and the associated NRC staff
safety evaluation dated the same date as this order. 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 Public Document Room (PDR) reference staff by telephone at 1-800-
397-4209 or 301-415-4737 or by email to [email protected].
Dated: November 30, 2023.
For the Nuclear Regulatory Commission.
Robert M. Taylor, Deputy Director,
Office of Nuclear Reactor Regulation for
Andrea D. Veil, Director,
Office of Nuclear Reactor Regulation.
John W. Lubinski, Director,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-27005 Filed 12-7-23; 8:45 am]
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