RIS 2000-01, Changes Concerning Foreign Ownership, Control, or Domination of Nuclear Reactor Licensees

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Changes Concerning Foreign Ownership, Control, or Domination of Nuclear Reactor Licensees
ML003676842
Person / Time
Issue date: 02/01/2000
From: Matthews D
Division of Regulatory Improvement Programs
To:
Division of Regulatory Improvement Programs
Shapaker, J
References
RIS-00-001
Download: ML003676842 (4)


UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001 February 1, 2000

NRC REGULATORY ISSUE SUMMARY 2000-01 CHANGES CONCERNING FOREIGN OWNERSHIP, CONTROL, OR

DOMINATION OF NUCLEAR REACTOR LICENSEES

Addressees

All holders of operating licenses for nuclear reactors.

Intent

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

to remind addressees of the prohibition against foreign ownership and control and, in a manner consistent with NRC Administrative Letter 96-02 (Licensee Responsibilities Related to Financial Qualifications), to remind addressees of their ongoing responsibility to bring to the NRCs attention changes with respect to a licensee or a parent company. This RIS also points out the desirability of providing the NRC advance notice of any plans for such changes so that staff resources can be allocated and NRC decisions are not unnecessarily delayed. This RIS

does not transmit or imply any new or changed requirement or staff positions. The submittal of advance notice of your planning in this area is strictly voluntary; therefore, no specific action or written response is required.

Background Information

The NRCs final Standard Review Plan (SRP) on Foreign Ownership, Control, or Domination was approved by the Commission on August 31, 1999. The SRP contains the review procedures used by the staff to evaluate applications for the issuance or transfer of control of a production or utilization facility license in light of the prohibitions in Sections 103 d. and 104 d.

of the Atomic Energy Act of 1954, as amended, and the Commissions regulations in

10 CFR 50.38 against issuing such licenses to aliens or entities that the Commission knows or has reason to believe are owned, controlled, or dominated by foreign interests. Although addressees may be generally aware of such prohibitions, the NRC believes that it is appropriate to issue a reminder because of the recent increased interest foreign entities have shown in ownership of U.S. utilities with nuclear reactors.

Addressees

should be aware of changes with respect to foreign ownership, control, or domination in ways that include, but are not limited to the following: (1) a license holder becomes aware of changes in foreign ownership or control of its company or of its parent company, for example, by receiving Securities and Exchange Commission Schedules 13D or ML003676842

RIS 2000-01 February 1, 2000 13G indicating such changes; (2) a license holder, or its parent company, plans to merge with or be acquired by an entity that is owned, controlled, or dominated by foreign interests; or (3) a license holders Board of Directors becomes controlled or dominated by board members who are not U.S. citizens.

Summary of Issue

This RIS reminds addressees of the prohibition against foreign ownership, control, or domination of domestic reactor facilities and reminds addressees of their ongoing responsibility to bring to the NRCs attention changes with respect to a licensee or a parent company.

Federal Register Notification

A notice of opportunity for public comment was not published in the Federal Register because this RIS is informational and pertains to a matter that was open to public comment during its promulgation. In this regard, an earlier interim version of the SRP on Foreign Ownership, Control, or Domination was published in the Federal Register on March 2, 1999 (64 FR 10166),

for public comment.

If there are any questions about this matter, please contact one of the persons listed below or the appropriate Office of Nuclear Reactor Regulation project manager for a specific nuclear reactor.

/RA/

David B. Matthews, Director Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Technical Contacts:

Robert S. Wood Alex F. McKeigney

301-415-1255

301-415-1221 E-mail: rsw1@nrc.gov E-mail: axm1@nrc.gov Attachment: List of Recently Issued NRC Regulatory Issue Summaries

RIS 2000-01 February 1, 2000 13G indicating such changes; (2) a license holder, or its parent company, plans to merge with or be acquired by an entity that is owned, controlled, or dominated by foreign interests; or (3) a license holders Board of Directors becomes controlled or dominated by board members who are not U.S. citizens.

Summary of Issue

This RIS reminds addressees of the prohibition against foreign ownership, control, or domination of domestic reactor facilities and reminds addressees of their ongoing responsibility to bring to the NRCs attention changes with respect to a licensee or a parent company.

Federal Register Notification

A notice of opportunity for public comment was not published in the Federal Register because this RIS is informational and pertains to a matter that was open to public comment during its promulgation. In this regard, an earlier interim version of the SRP on Foreign Ownership, Control, or Domination was published in the Federal Register on March 2, 1999 (64 FR 10166),

for public comment.

If there are any questions about this matter, please contact one of the persons listed below or the appropriate Office of Nuclear Reactor Regulation project manager for a specific nuclear reactor.

/RA/

David B. Matthews, Director Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Technical Contacts:

Robert S. Wood Alex F. McKeigney

301-415-1255

301-415-1221 E-mail: rsw1@nrc.gov E-mail: axm1@nrc.gov Attachment: List of Recently Issued NRC Regulatory Issue Summaries DOCUMENT NAME: C:\\RIS2000-01.wpd

  • Prior concurrences shown on transmittal memorandum dated January 20, 2000.

OFFICE

REXB:DRIP

RGEB:DRIP

RGEB:DRIP

SC:RGEB

C:RGEB

NAME

JWSHAPAKER*

AFMcKEIGNEY*

RSWOOD*

BZALCMAN*

CACARPENTER*

DATE

2/1/00

1/12/00

1/13/00

1/13/00

1/14/00

OFFICE

TECH ED

OGC

C:REXB:DRIP

D:DRIP

NAME

BACALURE*

JRUTBERG*

LBMARSH*

DMATTHEWS

DATE

1/14/00

1/20/00

1/21/00

2/01/00

OFFICIAL RECORD COPY

_______________________________________________________________________________________

OL = Operating License CP = Construction Permit Attachment RIS 2000-01 February 1, 2000 LIST OF RECENTLY ISSUED

NRC REGULATORY ISSUE SUMMARIES

_____________________________________________________________________________________

Regulatory Issue Date of Summary No.

Subject Issuance Issued to

___________________________________________________________________________________

99-06 Voluntary Submission of Performance Indicator Data

12/01/99 All holders of OLs for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel

99-05 Implementing Procedure for Power Reactor NOEDs Processed During the Y2K

Transition

12/01/99 All holders of OLs for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel

99-04 Sources of Information Previously Published in the AEOD Annual Report

11/23/99 All NRC licensees

99-03 Resolution of Generic Issue 145 Actions to Reduce Common- Cause Failures

10/13/99 All holders of OLs for nuclear power reactors, except for those licensees who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel

99-02 Relaxation of Technical Specification Requirements for PORC Review of Fire Protection Program Changes

10/13/99 All holders of OLs for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel

99-01 Revision To The Generic Communications Program

10/04/99 All NRC licensees