ML22335A524
| ML22335A524 | |
| Person / Time | |
|---|---|
| Site: | 11006337, 11006201, 11006144 |
| Issue date: | 12/09/2022 |
| From: | David Skeen NRC/OIP |
| To: | Orano USA |
| Shared Package | |
| ML22335A505 | List: |
| References | |
| EA-22-130 | |
| Download: ML22335A524 (3) | |
Text
[EA-22-130]
NUCLEAR REGULATORY COMMISSION In the Matter of Orano USA LLC and Orano TLI Inc.
Docket Nos. 11006337, 11006144, 11006201
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) License Nos. XSNM3807,
) XSOU8832/02, and XSOU8839/01
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Order Approving Direct Transfer of Export Licenses I.
Orano TLI Inc., (Orano TLI or the licensee) currently holds NRC export license numbers XSNM3807, XSOU8832/02, and XSOU8839/01. On October 11, 2022, Orano USA LLC (Orano), on behalf of itself and its wholly owned subsidiaries TN Americas LLC (TN Americas) and Orano TLI notified the U.S. Nuclear Regulatory Commission (NRC) of an internal restructuring impacting the licensee and requested NRC approval of a transfer of control pursuant to 10 CFR Section 110.50(d) and Section 184 of the Atomic Energy Act (AEA). Orano TLI is a direct and wholly owned subsidiary of TN Americas, and an indirect wholly owned subsidiary of Orano. Orano is, in turn, a wholly owned subsidiary of French company Orano SA, and is a known entity to the NRC.
II.
The proposed internal restructuring will result in Orano moving Orano TLIs business operations fully into those of its current immediate parent company, TN Americas. Effective as of January 1, 2023, all of Orano TLIs assets and personnel, including the three export licenses, licensed material, and personnel responsible for licensed activity will be moved up
into TN Americas. The restructuring will require amendments to each of the export licenses to reflect the corporate name change of the license holder. Orano TLI will continue to exist as a legal entity but will be eliminated within a few months after the restructuring and will no longer conduct business or engage in licensed activity after its business is transferred to TN Americas on January 1, 2023. As Orano is currently the parent company of both TN Americas and Orano TLI, post-restructuring, Orano will continue to remain the parent company over the NRC licenses. TN Americas, which is 100% owned by Orano, will continue to be wholly owned by the ultimate parent company, Orano SA.
III.
By letter dated October 11, 2022, (Agencywide Documents Access and Management System [ADAMS] Accession Number ML22306A196), Orano requested the direct transfer of export license numbers XSNM3807, XSOU8832/02, and XSOU8839/01 from Orano TLI to TN Americas pursuant to Section 184 of the AEA of 1954, as amended (42 U.S.C. § 2234), and Title 10 of the Code of Federal Regulations (10 CFR § 110.50(d)). The letter from Orano requesting NRC approval of the transfers was made publicly available in ADAMS on November 2, 2022. No requests for hearing or comments were received.
Pursuant to Section 184 of the AEA, no license granted under 10 CFR part 110 shall be transferred, assigned, or in any manner disposed of, directly or indirectly, through transfer of control of any license to any person unless the Commission, after securing full information, finds that the transfer is in accordance with the provisions of the AEA, and gives its consent in writing.
Pursuant to 10 CFR 110.50(d), a specific license may be transferred, disposed of, or assigned to another person only with the approval of the Commission.
After review of the information in the Orano letter dated October 11, 2022, and, relying on statements and representations contained in the supplemental information, the NRC staff
has determined that TN Americas is qualified to hold the licenses and that the direct transfers of control are consistent with the applicable provisions of the AEA and regulations issued by the Commission.
The transfers of control of the licenses will not be inimical to the common defense and security, or to the health and safety of the public and all applicable requirements have been satisfied.
IV.
Accordingly, pursuant to Section 184 of the AEA Act of 1954, as amended, IT IS HEREBY ORDERED that the direct transfer of the licenses, as described herein, is approved.
This Order is effective upon issuance.
For further details with respect to this Order, see the application dated October 11, 2022, (ML22306A196). Publicly-available records will be accessible electronically from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site http://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@nrc.gov.
Dated at Rockville, Maryland this 9th day of December 2022.
FOR THE NUCLEAR REGULATORY COMMISSION.
Signed by Skeen, David on 12/09/22 David Skeen, Acting Director, Office of International Programs