ML23113A020
| ML23113A020 | |
| Person / Time | |
|---|---|
| Site: | Westinghouse, 11004036, 11004358, 11004552, 11004736, 11004752, 11004918, 11005030, 11005042, 11005057, 11005224, 11005472, 11005536, 11005639, 11005908, 11005968, 11006001, 11006011, 11006014, 11006040, 11006060, 11006085, 11006216, 11006217, 11006233, 11006403, 11006430, 11006446, 11006453, 11006332, 11006333, 11006334 |
| Issue date: | 05/15/2023 |
| From: | John Lubinski Office of Nuclear Material Safety and Safeguards |
| To: | |
| References | |
| NRC-2023-0038 | |
| Download: ML23113A020 (8) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 70-1151, 11004036, 11004358, 11004552, 11004736, 1 1004752,
11004918, 11005030, 11005042, 11005057, 11005536, 11005908, 110 06001,
11006014, 11006040, 11006060, 11006085, 11006217, 11005472, 110 06011,
11006216, 11004990, 11005224, 11005639, 11005968, 11006233, 110 06332,
11006333, 11006334, 11006403, 11006430, 11006446, 11006453; NRC -2023-0038]
Westinghouse Electric Company, LLC;
Order Approving Indirect Transfer of Control of License
AGENCY: Nuclear Regulatory Commission.
ACTION: Indirect transfer of license; order.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) issued an Order
approving the indirect transfer of several licenses for Westing house Electric Company,
LLC (Westinghouse). Westinghouse is the holder of special nucl ear materials (SNM)
license number SNM-1107, which authorizes the possession and us e of SNM at the
Columbia Fuel Fabrication Facility in Hopkins, South Carolina. Westinghouse is also the
holder of several export licenses as noted in the Order. The O rder approves the indirect
transfer of control of these licenses resulting from the acquis ition of Westinghouses
intermediate parent company, Brookfield WEC Holdings Inc., by W att New Aggregator
L.P., in which Brookfield Corporation will hold a controlling 5 1 percent interest and
Cameco Corporation will hold the remaining 49 percent interest. The Order became
effective upon issuance.
DATES: The Order was issued on May 15, 2023, and is effective until May 15, 2024.
ADDRESSES: Please refer to Docket ID NRC-2023-0038 when contacting the NRC
about the availability of information regarding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal Rulemaking Website: Go to http://www.regulations.gov and search
for Docket ID NRC-2023-0038. Address questions about Docket IDs in Regulations.gov
to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schu mann@nrc.gov. For
technical questions, contact the individual listed in the For Further Information Contact
section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADA MS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the
search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,
301-415-4737, or by email to PDR.Resource@nrc.gov. The Order a nd Safety
Evaluation Report is available in ADAMS under Package Accession No. ML23096A266.
- NRCs PDR: You may examine and purchase copies of public documents,
by appointment, at the NRC's PDR, Room P1 B35, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday throu gh Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jenny Tobin, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Wash ington, DC 20555-
0001, telephone: 301-415-2328; email: Jennifer.Tobin@nrc.gov.
2 SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: May 16, 2023.
For the Nuclear Regulatory Commission.
/RA/
Shana R. Helton, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.
3 Attachment - Order Approving the Indirect Transfer of Control o f Licenses
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of Westinghouse Electric Company, LLC.
EA-23-052; Docket Nos. 70-1151, 11004036, 11004358, 11004552, 1 1004736, 11004752, 11004918, 11005030, 11005042, 11005057, 11005536, 110 05908, 11006001, 11006014, 11006040, 11006060, 11006085, 11006217, 110 05472, 11006011, 11006216, 11004990, 11005224, 11005639, 11005968, 110 06233, 11006332, 11006333, 11006334, 11006403, 11006430, 11006446, 110 06453
License Nos. SNM-1107, XCOM1014, XCOM1047, XCOM1072, XCOM1093, XCOM1094, XCOM1102, XCOM1111, XCOM1113, XCOM1116, XCOM1170, XCOM1188, XCOM1219, XCOM1246, XCOM1249, XCOM1252, XCOM1255, XCOM1262, XCOM1298, XSNM3006, XSNM3163, XSNM3264, XSNM3461, XSNM3702, XSNM3769, XSNM3802, XSNM3803, XSNM3804, XSNM3820, XSNM3825, XSNM3829, XSNM3830, XR169, XR176, XR178
ORDER APPROVING THE INDIRECT TRANSFER OF CONTROL OF LICENSES
I
Westinghouse Electric Company, LLC (Westinghouse), is the holde r of materials
license number SNM-1107, which authorizes the possession and us e of special nuclear
material (SNM) at the Columbia Fuel Fabrication Facility (CFFF) in Hopkins, South
Carolina. Westinghouse is also the holder of export license num bers: XCOM-1014,
XCOM-1047, XCOM-1072, XCOM-1093, XCOM-1094, XCOM-1102, XCOM-111 1,
XCOM-1113, XCOM-1116, XCOM-1170, XCOM-1188, XCOM-1219, XCOM-124 6,
XCOM1249, XCOM-1252, XCOM-1255, XCOM-1262, XCOM-1298, XR-169, X R-176,
XR-178, XSNM-3006, XSNM-3163, XSNM-3264, XSNM-3461, XSNM-3702, XSNM-3769,
XSNM-3802, XSNM-3803, XSNM-3804, XSNM-3820, XSNM-3825, XSNM-382 9, and
XSNM-3830.
4 II
By letter dated December 20, 2022 (Agencywide Documents Access and
Management System [ADAMS] Accession Number ML22354A291), and supplemented
by letters dated February 17, 2023 (ADAMS Accession Numbers ML23053A070 and
ML23053A074), and February 27, 2023 (ADAMS Accession Number ML2 3058A448),
(collectively, the Application), Westinghouse requested the U.S. Nuclear Regulatory
Commissions (NRC) consent to the indirect transfer of control of the licenses listed above.
The Application describes the indirect transfer of control of W estinghouse from Brookfield
WEC Holdings Inc. (WEC Holdings), one of Westinghouses interme diate parent
companies, to Watt New Aggregator L.P. (Watt), an exempted limited partnership formed
under the laws of the Cayman Islands, which is ultimately contr olled by Brookfield
Corporation (Brookfield), a Canadian company.
Westinghouse is currently a wholly owned subsidiary of WEC Hold ings. Upon
closing of the transaction, Watt will acquire 100% of Westingho use. Brookfield will
indirectly hold a 51 percent interest in Watt and Watt GP Ltd., a Bermuda company limited
by shares, which controls Watt as its general partner. The rem aining 49 percent interest
in Watt and Watt GP Ltd. will be held by Cameco Corporation.
There will be no direct transfer of control involved with the t ransaction because
Westinghouse will continue to be the licensee. There will also be no change in the
management or technical personnel responsible for licensed acti vities. The current safety,
security, and licensing organizations within Westinghouse will remain unchanged.
Additionally, there are no planned changes in the operational o rganization, location,
facilities, equipment, or procedures associated with the NRC li censes, and there will be
no changes in Westinghouse operating procedures, emergency proc edures, or
decommissioning financial assurance. Because the licensee remai ns the same, there will
5 be no physical transfer of any records concerning the safe and effective decommissioning
of the facility, public dose, and waste disposal, and such reco rds will remain with
Westinghouse. No physical or operational changes affecting the Westinghouse sites and
licensed activities were proposed in the Application.
Westinghouse requested the NRCs consent to the indirect transf er of control,
pursuant to Section 184 of the Atomic Energy Act of 1954, as am ended (the Act or AEA),
and title 10 of the Code of Federal Regulations (10 CFR) section 70.36 and 110.50. A
notice of receipt of the Application and opportunity to request a hearing and provide written
comments was published in the Federal Register on February 16, 2023 (88 FR 10146).
The NRC did not receive any comments or requests for a hearing in response to the notice.
Section 184 of the AEA provides that no NRC license shall be tr ansferred,
assigned, or in any manner disposed of, directly or indirectly, through transfer of control
of any license to any person unless the Commission, after secur ing full information, finds
that the transfer is in accordance with the provisions of the A EA, and gives its consent in
writing. Pursuant to 10 CFR 70.36, no 10 CFR part 70 license sh all be transferred,
assigned, or in any manner disposed of, either voluntarily or i nvoluntarily, directly or
indirectly, unless the NRC, after securing full information, fi nds that the transfer is in
accordance with the provisions of the Act, and gives its consen t in writing. After review of
the information in the Application, and relying on the represen tations and agreements
contained in the Application, the NRC staff has determined that Watt is qualified to hold
the ownership interests previously held by WEC Holdings, and th at the transfer of
ownership and operating interests to Watt, described in the App lication, is otherwise
consistent with applicable provisions of law and regulations. T he NRC staff further finds
that the requested transfer of control will not be inimical to the common defense and
security or to the health and safety of the public. The finding s set forth above are supported
6 by the NRCs Safety Evaluation Report issued with this Order. These findings are subject
to the conditions set forth below.
III
Accordingly, pursuant to Sections 161.b., 161.i., 183, and 184 of the Act; 42 U.S.C.
2201(b), 2201(i), 2233, and 2234; and 10 CFR 70.36, IT IS HEREB Y ORDERED that the
Application regarding the indirect transfer of control over lic enses listed above from WEC
Holdings to Watt, is approved, subject to the following conditi ons:
- 1. With respect to the licenses listed above, Westinghouse sha ll continue to
abide by all commitments and representations it previously made. These
include, but are not limited to, maintaining decommissioning re cords and
financial assurance, conducting decontamination activities, and eventually
decommissioning the site.
- 2. The commitments/representations made in the Application reg arding
reporting relationships and authority over safety and security matters as
well compliance with NRC requirements, shall be adhered to and may not
be modified without the prior written consent from the Director, Office of
Nuclear Material Safety and Safeguards, or that persons design ee.
IT IS FURTHER ORDERED that Westinghouse, at least one (1) busin ess day
before all actions necessary to accomplish the indirect transfe r of control are completed,
shall so inform the Director, Office of Nuclear Material Safety and Safeguards, in writing.
Should the proposed indirect transfer not be completed within o ne year from the date of
issuance of this Order, the Order shall become null and void; p rovided, however, upon
timely written application and for good cause shown, such compl etion date may be
extended by Order.
7 This Order is effective upon issuance.
For further details with respect to this Order, see the Applica tion cited in section II
above, and the Safety Evaluation Report supporting this action (ADAMS Accession
Number ML23096A282), which are available for public inspection at the Commissions
Public Document Room (PDR), located at One White Flint North, P ublic File Area 01-F21,
11555 Rockville Pike (first floor), Rockville, Maryland, and ac cessible, electronically,
through the ADAMS Public Electronic Reading Room, on the Intern et, at the NRC website,
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, 301-415-4737,
or via e-mail, to pdr@nrc.gov.
Dated and issued this 15th day of May, 2023.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
John W. Lubinski, Director Office of Nuclear Material Safety and Safeguards
8