ML060180460
| ML060180460 | |
| Person / Time | |
|---|---|
| Site: | Waltz Mill |
| Issue date: | 01/10/2006 |
| From: | Rich Smith CBS Corp |
| To: | Document Control Desk, NRC/FSME |
| References | |
| Download: ML060180460 (7) | |
Text
CBS Corporation Richard K- Smith Vice President - Environmental Remediation II Stanwix Street, Room 370 Pittsburgh, PA 15222 Phone: 412-642-3285 Fax: 412-642-3957 January 10, 2006 E-mail: Richard.Smithgcbs.com U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ATTN: Document Control Desk
Subject:
Request for a Name Change Amendment to License No. TR-2, Docket No.50-022
Dear Sir or Madam:
Viacom Inc., the current holder of nuclear facility license TR-2, hereby submits this application for an amendment to its TR-2 license to change the name of the licensee to CBS Corporation. No other amendment is requested. TR-2 authorizes possession and decommissioning (but not operation) of the former Westinghouse Test Reactor ("WTR") at the Waltz Mill site in Pennsylvania.
The name change arises from a restructuring of Viacom Inc. Certain assets of Viacom, Inc., not including the WTR or any other assets at Waltz Mill, have been transferred to a new, publicly traded company called Viacom Inc., referred to as the "New Viacom." New Viacom will include the following principal businesses: MTV Networks, BET, Paramount Pictures, Paramount Home Entertainment, and Famous Music. The existing company (and current licensee) will be renamed as CBS Corporation, and it will retain current Viacom Inc. assets such as: the broadcast networks CBS and UPN: the CBS television stations group; Infinity Broadcasting; the CBS, Paramount, and King World television production and syndication operations; the premium cable Showtime; Viacom Outdoor; Paramount Parks; Simon &
Schuster; and the current Viacom Inc. assets at Waltz Mill, including the former WTR.
At the time of the separation, which occurred December 31, 2005, shareholders of Viacom Inc. received 0.5 of a share of New Viacom class A common stock and 0.5 of a share of CBS Corporation class A common stock for every share of Viacom Inc. class A common stock that they own. Also, shareholders of Viacom Inc. received 0.5 of a share of New Viacom class B common stock and 0.5 of a share of CBS Corporation class B common stock for every share of Viacom Inc. class B common stock that they own.
Cash will be received in lieu of receiving fractional shares. Mr. Sumner M. Redstone will serve as Chairman of the board of directors of both New Viacom and CBS Corporation. As indicated, CBS Corporation will be publicly traded.
There has been no and will be no transfer of the WTR (or any other assets on the Waltz Mill site) to the New Viacom, but instead as indicated WTR will be retained by Viacom Inc., renamed as CBS Corporation. Also, Viacom Inc., renamed as CBS Corporation, has essentially the same shareholders immediately after the separation as before. Mr. Redstone will remain as Chairman of the board of directors. Therefore, there has been and will be no direct or indirect transfer, or transfer of control, of the WTR or TR-2 license.
U.S. Nuclear Regulatory Commission January 10, 2006 Page 2 of 2 CBS Corporation retains the responsibility to maintain the WTR in a safe condition, to comply with the TR-2 license, to complete any further actions NRC may determine are needed to terminate the TR-2 license, and to comply with all other applicable NRC requirements. The requested name change does not involve any change in the Viacom Inc. management organization, personnel, location, facilities, equipment, or procedures responsible for the conduct of licensed activities under TR-2. All existing commitments, obligations, applications, and representations remain in effect. Mr. Richard K. Smith in CBS Corporation's Pittsburgh office will remain as the NRC point of contact. The pending arbitration proceeding involving Westinghouse Electric Company LLC is not affected. All financial assurances mechanisms will remain in full force and effect. CBS Corporation will continue to be technically and financially qualified to conduct the licensed activities. The requested amendment will not give rise to any environmental impacts and no environmental report should be needed.
More detailed information about the restructuring is found in the S-4 filing with the U.S. Securities and Exchange Commission ("SEC"), available at Viacom.com/pdf/forms4.PDF.
The fee for this request is based on full cost recovery, and will be paid upon billing by NRC in accordance with 10 C.F.R. Part 170.
In support of this application, attached is a "No Significant Hazards Consideration" evaluation (Exhibit A). A mark-up of the current license indicating where the name of the licensee should be changed is also attached (Exhibit B).
If you have any questions please contact Mr. Richard K Smith at the above address or by telephone at 412-642-3285 (fax 412-642-3957).
Sincerely, Richard K. Smith, P.E.
Vice President - Environmental Remediation
Copies transmitted: 3 notarized and 5 conformed COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned notary public, this day personally appeared Richard K. Smith, Vice President, Environmental Remediation, CBS Corporation., 11 Stanwix Street, Pittsburgh, PA 15222-1384, to me known, who being duly sworn according to law, deposes and says that the statements sworn to in this letter and attachment are correct and accurate to the best of his knowledge.
Signature of Affiant Subscribed and sworn to before me this IOth day of January, 2006 Notary Publiqg Notatal Seal Belh A.Steigerwald, Notary Public Fraridin Park Bow, Allegheny County My Corwrission Expres Feb. 4,2007 Member. Pennsyvanlia As- riation Of Notares
cc: Regional Administrator U.S. Nuclear Regulatory Commission, Region I 475 Allendale Road King of Prussia, PA 19406-1415 Mr. Patrick Isaac, Project Manager Research and Test Reactors Section Office of Nuclear Reactor Regulation Mail Stop 0-12G13 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mr. Robert Maiers, Chief Decommissioning Section Commonwealth of Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O Box 8469 Harrisburg, PA 17105-8469 Mr. James G.Yusko, Regional Manager Radiation Protection Commonwealth of Pennsylvania Department of Environmental Protection 400 Waterfront Drive Pittsburgh, PA 15222-4745 Mr. Wayne Vogel, Radiation Safety Officer Westinghouse Electric Company LLC P.O. Box 158 Madison, PA 15663-0158
EXHIBIT A NO SIGNIFICANT HAZARDS CONSIDERATION EVALUATION PURSUANT TO 10 C.F.R
§ 50.92 FOR THE NAME CHANGE TO CBS CORPORATION, WESTINGHOUSE TEST REACTOR, LICENSE NO. TR-2, NRC DOCKET NO. 50-22 The proposed amendment has been evaluated against the standards in 10 C.F.R. § 50.92 (c) and it has been determined that no significant hazards consideration are involved. Specifically, the amendment does not involve any irreversible consequences and it:
(1) Does not involve a significant increase in the probability or consequences of an accident previously evaluated.
The WTR is currently the subject of a possession only license. The reactor fuel has been removed, the pressure vessel and vessel internals have been removed, other reactor equipment has been removed, and at the appropriate time, coincident with TR-2 license termination, remaining residual radioactivity will be transferred to the SNM-770 license (held by Westinghouse Electric Company LLC) in accordance with the NRC approved TR-2 decommissioning plan. The WTR is being maintained in a safe condition in accordance with the license and technical specifications.
The current radiological status of the facility is described in the "Westinghouse Test Reactor Licensed Facility Radiological Status Report (Docket No. 50-22), October 2003. The technical specifications provide in section 3.2.4. that "the extremely small source term at the [W]TR is adequately confined by the containment building." The amendment will not change this.
The proposed amendment is confined to a change in the licensee's name to CBS Corporation.
There will be no direct or indirect transfer of the WTR (or any other assets on the Waltz Mill site) to any new corporate entity. Viacom Inc., renamed as CBS Corporation, has essentially the same shareholders immediately after the separation as before. Mr. Redstone remains as Chairman of the board of directors.
CBS Corporation retains the responsibility to maintain the WTR in a safe condition, to comply with the TR-2 license, to complete any further actions NRC may determine are needed to terminate the TR-2 license, and to comply with all other applicable NRC requirements. The requested name change does not involve any change in the Viacom Inc. management organization, personnel, location, facilities, equipment, or procedures responsible for the conduct of licensed activities under TR-2. All existing commitments, obligations, applications, and representations remain in effect. All financial assurances mechanisms remain in full effect. CBS Corporation continues to be technically and financially qualified to conduct the licensed activities. The WTR physical facility remains unchanged.
Given the foregoing, the amendment does not affect any accident initiators and does not affect any matter that could increase the consequences of any accident. The already low probability and small consequences of an accident previously evaluated will not be significantly increased by the requested amendment.
(2) Does not create the possibility of a new or different kind of accident from any accident previously evaluated.
The name change does not modify the WTR physical facility. Licensed activities will continue to be conducted in accordance with the same procedures and license conditions as before. No new accident initiators have been or will be introduced. For these reasons, and for the reasons given in (1) above, the amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated.
(3) Would not involve a significant reduction in a margin of safety.
The name change does not involve a significant reduction in a margin of safety for the reasons given in (1) and (2) above.
EXHIBIT B CHANGES TO THE TR-2 LICENSE AND TECHNICAL SPECIFICATIONS WHERE THE NAME OF THE LICENSEE MUST BE CHANGED TO CBS CORPORATION
- 1. The phrase "which is owned by Viacom Inc." in paragraph 1 of the license TR-2 should be changed in part to read "which is owned by CBS Corporation".
- 2. The phrase "hereby licenses Viacom Inc." in paragraph 2 of the license should be changed to "hereby licenses CBS Corporation".
3 The words "Viacom Inc." in paragraphs 3 and 4 of the license should be changed to "CBS Corporation".
- 4. The words "Viacom Inc." in the title page and sections 5.0, 6.1.1. (1), and 6.1.1. (2) of the technical specifications should be changed to "CBS Corporation".