ML20216E024
| ML20216E024 | |
| Person / Time | |
|---|---|
| Issue date: | 04/06/1998 |
| From: | Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9804160055 | |
| Download: ML20216E024 (2) | |
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D.C. 20555-0001 o,.
April 6, 1998 i
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MEMORANDUM TO: Stuart A. Treby Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel FROM:
Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety, NMSS b
SUBJECT:
INTERPRETATION OF 10 CFR 30.34(b): CHANGES OF OWNERSHIP OR TRANSFERS OF CONTROL in August 1996, Office of Nuclear Material Safety and Safeguards (NMSS) staff met with you and Ms. Maria Schwartz to discuss issues regarding changes of ownership or transfers of control. The meeting attendees concluded that, in order to address these issues, it must be determined whether the word " control," as used in 10 CFR 30.34(b) means 'who is financially in control of a licensee's operations' or 'who is in control of the licensee's radiation safety program and activities.' The meeting attendees agreed that an interpretation was required from the Office of the General Counsel (OGC) concerning the meaning of " change of control," and that the Division of Industrial and Medical Nuclear Safety (IMNS) would revise guidance and address pending technical assistance requests (TARS) based on this interpretation. As requested, NMSS provided OGC with additional information, such as TARS and Policy and Guidance Directive 1-13, " Processing Material License Applications involving Change of Ownership."
From April 1996 through July 1997, IMNS forwarded several TAR packages to OGC requesting review and interpretation, or clarification, of various aspects of changes of ownership. OGC responded to several of the packages either verbally or in writing; however, IMNS has not received any input from OGC for the following packages:
- 1. IMNS-5512 change of ownership amendment request for Agracetus, Inc;
- 2. IMNS-5462 change of ownership for UCAR Carbon Company; and
- 3. IMNS-5782 change of ownership for Gelman Sciences, Inc.
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0 CONTACT: Susan Greene, NMSS/lMNS a
I (301) 415-7843
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OGC provided a "no legal objection with changes" to another TAR package (IMNS-5263) 1 requesting clarification of 10 CFR 30.34(b) and guidance in Information Notice 89-25, Rev.1,
" Unauthorized Transfer of Ownership or Control of Licensed Activities;" IMNS is awaiting an l
official interpretation from OGC before issuing IMNS-5263, revising or clarifying guidance to the regions, and providing information to NRC's licensees on change of ownership or control.
Several other NMSS ticket actions are also dependent on OGC's interpretation of " change of l
control" such as the development of guidance for the record retention rulemaking. OGC's interpretation is also critical in order to address, in a consistent manner, future regulator /
violations and enforcement issues, as well as consent by NRC prior to changes of ownership or transfers of control.
As of this date, NMSS has not received OGC's interpretation on changes of ownership or f
transfers of control, nor have the above mentioned TAR packages been retumed. It is important that this issue be resolved in order to complete the pending actions, and to be able to address future ownership or control issues. We request your assistance in procuring a prompt intecpretation and return of the above-mentioned packages.
DISTRIBUTION: IMNS-6044 NRC Central File IMNS r/f NMSS r/f KRamsey MSchwartz PDR:YES X NO kb DOCUMENT NAME: G:\\imns6044.sig
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l@6 To receive a copy of this document, indicate in the box:
"C"= Copy w/o att/ encl. "E" = Copy w/att/ encl."N" = No copy OFC 08 4h Odl n IMNS' //
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