ML18116A673
| ML18116A673 | |
| Person / Time | |
|---|---|
| Site: | 07000036, Westinghouse |
| Issue date: | 04/26/2018 |
| From: | Sweeney M Westinghouse |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| Download: ML18116A673 (4) | |
Text
Westinghouse Non-Proprietary Class 3
@ Westinghouse April 26, 2018 Via Electronic Information Exchange ATTN: Document Control Desk U.S. Nuclear Regulatory Commission One White Flint North 115 55 Rockville Pike Rockville, MD 20852 Michael T. Sweeney Senior Vice President and General Counsel Westinghouse Electric Company Legal, Risk, & Commercial Affairs 1000 Westinghouse Drive Cranberry Township, PA 16066 USA 10 CFR 70.36 10 CFR 110.50 & 110.51 SNM-1107 SNM-0033 Direct tel: (412) 374-4526 Mobile: (412) 251-1469 e-mail: sweenemt@westinghouse.com Re:
Application for Consent to Indirect Change of Control with Respect to Materials Licenses and Export Licenses and Notification Regarding Quality Assurance Program Approvals, Certificates of Compliance, and Design Certification
Dear Sir or Madam:
Westinghouse Electric Company LLC ("Westinghouse"), on behalf of itself and Brookfield WEC Holdings Inc. ("WEC Holdings"), submits this letter in further support of the March 21, 2018 application (the "Application") by Westinghouse for Consent to Indirect Change of Control with Respect to the Materials Licenses and Export Licenses held by Westinghouse due to the indirect change of control of Westinghouse from Toshiba Corporation ("Toshiba") to WEC Holdings.
As requested by the NRC Staff, Enclosure 1 to this letter is an executed version of the Commitment Letter provided in Exhibit E to the Application, signed by a representative of Brookfield Asset Management Inc., WEC Holdings' ultimate parent. Westinghouse submitted an executed version of the Commitment Letter signed by a representative of WEC Holdings to the NRC on April10, 2018.
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Document Control Desk April 26, 2018 Page 2 of2 If the NRC has any questions concerning these corrections, please contact us as soon as possible.
Sincerely,
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Michael T. Sweeney Senior Vice President and General Counsel Westinghouse Electric Company LLC Enclosure cc:
Office of the General Counsel Director, Office ofNuclear Materials Safety and Safeguards Director, Office of International Programs Director, Office ofNew Reactors
Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555
Subject:
Westinghouse Electric Company LLC --Application for Consent to Indirect Change of Control with Respect to Materials and Export Licenses and Notification Regarding Quality Assurance Program Approvals, Certificates of Compliance, and Design Certification
Dear Sir or Madam:
This letter is in furtherance of and a part of the Application for Consent to Indirect Change of Control of Westinghouse Electric Company LLC ("Westinghouse") (the "Application") filed with the U.S. Nuclear Regulatory Commission ("NRC") and related to the materials licenses and export licenses referenced in the Application. The need for the requested NRC consent arises from the indirect change of control of Westinghouse from Toshiba Corporation ("Toshiba") Brookfield Asset Management ("BAM"), of Toshiba's entire interest in Westinghouse. Included in the transaction, as more fully described in the Application, is a transfer under a proposed Plan of Reorganization whereby control of Westinghouse is transferred from Toshiba to Brookfield WEC Holdings, Inc.
In accordance with NUREG-1556, Volume 15, Rev. 1, dated June 2016, and in order to support Westinghouse's request for NRC consent to the indirect change of control of Westinghouse from Toshiba to BAM as it relates to the licenses held by Westinghouse, BAM hereby makes the following statements and representations:
- 1.
I am the Vice-President, Legal Affairs of BAM and am authorized to file this letter with the NRC on behalf of BAM.
- 2.
After the closing of the transaction discussed above, BAM will become the indirect majority owner of and have a controlling interest in Westinghouse, which will remain the licensee and holder of the licenses set forth in the Application.
- 3.
BAM does not currently plan to make changes to personnel or management having direct operational responsibility for, and control of, licensed activities. There are currently no planned changes in personnel who are listed on the licenses or referred to in the supporting documentation as a result of the transaction. There are currently no planned changes in personnel responsible for radiation safety or use of licensed material in the licenses possessed by Westinghouse as a result of this transaction.
To the extent that changes are made in the future, BAM will comply with NRC license requirements and submit a license amendment or notification as needed.
- 4.
BAM does not currently plan to make changes to Westinghouse's headquarters, or operational organization, location, facilities, equipment or procedures related to the licenses possessed by Westinghouse. There are currently no planned changes in the use, possession, location or storage of the licensed material as a result of the indirect change of control under the transaction. To the extent that changes are made in the future, BAM will comply with NRC license requirements and submit a license amendment or notification as needed.
- 5.
BAM understands that Westinghouse will continue to abide by all constraints, license conditions, requirements, representations, and conm1itments identified in and attributed to Westinghouse in its existing licenses, including, but not limited to the Confirmatory Order issued to Westinghouse on August 9, 2017.
- 6.
BAM agrees that Westinghouse will maintain its responsibility for the provision of the decommissioning financial assurance required by the NRC with respect to the materials licenses set fot1h in the Application.
Westinghouse will continue to provide decommissioning financial assurance in compliance with the NRC's requirements upon the closing of the indirect change of control described in the Application.
- 7.
BAM concurs in Westinghouse's request that the NRC provide its consent to the indirect transfer of control of Westinghouse from Toshiba to BAM as it relates to the materials licenses and export licenses listed in the Application, with such consent to be effective as of the closing date of the transaction.
BAM would be pleased to respond to any further questions that the NRC may have with regard to this letter.
I declare under penalty of petjury that the foregoing is true and correct.
Arin Jonathan Silber April26, 2018 2