ML18325A054

Enclosure - Order Approving Direct Transfer of Export License

ML18325A054
Person / Time
Site:	11006070
Issue date:	11/30/2018
From:	Nader Mamish NRC/OIP
To:	Wassenaar R Nordion (Canada)
Baker S - 287-9059
References
Download: ML18325A054 (4)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION In the Matter of )

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NORDION (CANADA) INC. ) Docket Nos. 11006070

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) License Nos. PXB3.10

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Order Approving Direct Transfer of Export License I.

Nordion (Canada) Inc. holds export license PXB3.10 and is currently a wholly-owned subsidiary of 8921903 Canada Inc.

II.

By letter dated October 17, 2018, the Nordion (Canada) Inc. notified the U.S. Nuclear Regulatory Commission (NRC) of the proposed transfer of control of export license PXB3.10 and submitted a request that the NRC provide written consent to the proposed direct transfer of control of this export license.

The transfer of control will occur as a result of an internal corporate reorganization scheduled to be completed on November 30, 2018. In this reorganization, Nordion (Canada)

Inc. will be merged with its parent company, 8921903 Canada Inc., and several other non-licensee affiliated companies. The resulting merged entity will also be named Nordion (Canada)

Inc., but the existing Nordion (Canada) Inc. will not be the surviving company. The new Nordion (Canada) Inc. will have a different registration number as a federal Canadian corporation, and will assume the license. The proposed direct transfer of control will not involve any amendment to export license PXB3.10, and the new entity will have the same name, the same address, the

2 same personnel, and the same ultimate parent company as the existing company. Additionally, there will be no change to how the new Nordion corporate entity manages any of the activities involving the byproduct materials authorized under the export license. It will continue to have the same equipment, facilities, personnel, and procedures needed to comply with all of the obligations under the License. Current Nordion employees responsible for licensed materials and activities will continue to be responsible for such materials and activities after the completion of the reorganization.

Approval of the transfer of control of the licenses was requested pursuant to Section 184 of the Atomic Energy Act of 1954, as amended (AEA) (42 U.S.C. § 2234). The letter from Nordion dated October 16, 2018, was made publicly available in ADAMS at ML18299A309. 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.

Upon review of the information received from Nordion (Canada) Inc., and based upon the representations contained in its application, the NRC staff has determined that the new Nordion (Canada) Inc. will be qualified to hold the export license and that the direct transfer of control of the license is consistent with the applicable provisions of law and regulations. The NRC staff further finds that the direct transfer of control of the license will not be inimical to the common defense and security, or to the health and safety of the public. This determination is based on the fact that the proposed direct transfer of control will not involve any changes to the equipment, facilities, personnel, or procedures needed to comply with the license, or to personnel responsible for licensed materials and activities. Any future changes shall be

3 communicated to the NRC as required.

III.

Accordingly, pursuant to Section 184 of the AEA Act of 1954, as amended, IT IS HEREBY ORDERED that the direct transfer of control of the license, as described herein, is approved.

IT IS FURTHER ORDERED that Sotera Health Topco, L.P. as ultimate parent company, shall promptly notify the Director of the Office of International Programs, in writing, after the transaction has been finalized. Should the proposed direct transfer not be completed within 60 days from the date of issuance of this Order, the Order shall become null and void; however, on written application and for good cause shown, such date may be extended by order.

This Order is effective upon issuance.

For further details with respect to this Order, see the application dated October 17, 2018, (which can be found at (Agencywide Documents Access and Management System [ADAMS] Accession Number ML18299A309). 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 30th day of November 2018.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Nader L. Mamish, Director Office of International Programs