ML20045F509
| ML20045F509 | |
| Person / Time | |
|---|---|
| Site: | Dow Chemical Company |
| Issue date: | 04/17/2020 |
| From: | Beverly Smith NRC/NRR/DANU/UNPL |
| To: | O'Connor P Dow Chemical Co |
| Wertz G, NRR/DANU/UNPL, 301-415-0893 | |
| Shared Package | |
| ML20049A026 | List: |
| References | |
| Download: ML20045F509 (3) | |
Text
Enclosure 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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The Dow Chemical Company
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Dow TRIGA Research Reactor
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Docket No. 50-264
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License No. R-108 ORDER APPROVING INDIRECT TRANSFER OF CONTROL OF LICENSE I.
The Dow Chemical Company (TDCC, the licensee) is the holder of Renewed Facility Operating License No. R-108 for the Dow TRIGA Research Reactor (DTRR), located on property owned by TDCC in Midland, Michigan. TDCC is a wholly-owned subsidiary of Dow, Inc.
II.
By application dated November 22, 2019, the licensee requested that the U.S. Nuclear Regulatory Commission (NRC, the Commission) approve, pursuant to Section 184, Inalienability of Licenses, of the Atomic Energy Act of 1954, as amended, and Title 10 of the Code of Federal Regulations (10 CFR) 50.80, Transfer of licenses, the indirect transfer of control of the license for the DTRR, without amendment. The indirect transfer of control resulted from the merger of TDCC with E.I. du Pont De Nemours and Company in August 2017, which established a new parent company, DowDuPont, Inc. Subsequently, in April 2019, Dow, Inc. was formed as a separate company from DowDuPont, Inc. and TDCC became a wholly-owned subsidiary of Dow, Inc.
A notice entitled, Dow TRIGA Research Reactor; Consideration of Approval of Transfer of License, was published in the Federal Register on February 11, 2020 (85 FR 7800). The
NRC received one comment that was submitted anonymously and stated only: Good. No hearing requests were received.
Under 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. Upon review of the information in the application, and other information before the Commission, the NRC staff has determined that TDCC remains qualified to hold Renewed Facility Operating License No. R-108, and that the indirect transfer of Renewed Facility Operating License No. R-108 is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The NRC staff has further determined that the indirect transfer of control of Renewed Facility Operating License No. R-108 necessitates no changes to the license.
The findings set forth above are supported by an NRC staff safety evaluation (SE) dated April 17, 2020.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended, 42 USC Sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the indirect license transfer is approved for the DTRR.
This Order is effective upon issuance.
For further details with respect to this Order, see the application dated November 22, 2019 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML19330A244), and the SE dated April 17, 2020 (ADAMS Accession No. ML20045F356), which are available for public inspection at the NRCs Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland. 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 PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 17th day of April 2020.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Brian W. Smith, Deputy Director, Division of Advanced Reactors and Non-Power, Production and Utilization Facilities, Office of Nuclear Reactor Regulation.