ML23306A035
| ML23306A035 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center, 07000754, 07001113, 07200001, 07001220, 11005081, 11001075, 11006278, Vallecitos, 11005086, 11001076, 11005555, 11005186 |
| Issue date: | 12/05/2023 |
| From: | John Lubinski, Andrea Veil NRC/NMSS/DFM/FFLB |
| To: | |
| References | |
| Docket ID NRC-2023-0119, 88 FR 85674 | |
| Download: ML23306A035 (9) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-18, 50-70, 50-73, 50-183,70-754, 70-1113, 70-1 220, 72-1,
11001075, 11001076, 11005081, 11005086, 11005186, 11005555, and 11006278;
NRC-2023-0119]
Indirect Transfers of Licenses; Order; In the Matter of
General Electric Company, GE-Hitachi Nuclear Energy Americas, L LC,
and Global Nuclear Fuel-Americas, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing an ord er
approving the application filed by General Electric Company (GE ), GE-Hitachi Nuclear
Energy Americas, LLC (GEHA), and Global Nuclear Fuel-Americas, LLC (GNF-A) on
May 30, 2023, as supplemented by letters dated June 20, June 26, and
September 27, 2023. Specifically, the order approves the indire ct transfers of
Possession Only License No. DPR-1 for the Vallecitos Boiling Wa ter Reactor at the
Vallecitos Nuclear Center (VNC) in Sunol, California; Possessio n Only License No. TR-1
for the GE Test Reactor at the VNC; Facility Operating License No. R-33 for the Nuclear
Test Reactor at the VNC; Possession Only License No. DR-10 for the Empire State
Atomic Development Associates V allecitos Experimental Superheat Reactor at the VNC;
Special Nuclear Material License Nos. SNM-960 and SNM-1270 for the VNC; Special
Nuclear Material License No. SNM-1097 for the Wilmington Fuel M anufacturing Facility
in Wilmington, North Carolina; Special Nuclear Material License No. SNM-2500 for the
Morris Operation Independent Spent Fuel Storage Installation in Grundy County, Illinois,
near Morris, Illinois; and Export License Nos. XR135, XSNM1662, XSNM3066, XCOM1124, XSNM03135, XSNM3398, and XSNM3785 from GE, the parent company of
the license holders, GEHA and GNF-A, to GE Vernova LLC, later t o be converted to a
corporation (GE Vernova Corp.).
DATES: The order was issued on November 30, 2023, and is effective imm ediately.
ADDRESSES: Please refer to Docket ID NRC-2023-0119 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 https://www.regulations.gov and
search for Docket ID NRC-2023-0119. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; ema il:
Stacy.Schumann@nrc.gov. For technical questions, contact the in dividual 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 ADAM S 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 wit h ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The order an d the NRC staff
safety evaluation supporting the order are available in ADAMS u nder Package
Accession No. ML23283A327.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appoint ment 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: Osiris Siurano-Pérez, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commiss ion, Washington, DC
20555-0001; telephone: 301-415-7827; email: Osiris.Siurano-Pere z@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated: December 5, 2023.
For the Nuclear Regulatory Commission.
/RA/
Osiris Siurano-Pérez, Project Manager, Fuel Facility Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.
Attachment - Order Approving the Indirect Transfers of Control of License
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
GENERAL ELECTRIC COMPANY, ) Docket Nos.: 50-18, 50-70, 50-73, GE-HITACHI NUCLEAR ENERGY ) 50-183,70-754, 70-1113, AMERICAS, LLC, AND ) 70-1220, 72-1, 11001075, GLOBAL NUCLEAR FUEL-AMERICAS, ) 11001076, 11005081, LLC ) 11005086,11005186,
)
EA-23-132 ) 11005555, 11006278
) License Nos.: DPR-1, TR-1, R-33, DR-10
) SNM-960, SNM-1097,
) SNM-1270, SNM-2500,
) XR135, XSNM1662,
) XSNM3066, XCOM1124,
) XSNM03135, XSNM3398,
) XSNM3785
)
) Certificate of9228 (Transportation
) Compliance Nos.: Package USA/9228/B(U)F-
) 96), 9294 (Transportation
) Package USA/9294/AF-
) 96), and 9309
) (Transportation Package
) USA/9309/B(U)F-96)
)
ORDER APPROVING THE INDIRECT TRANSFERS OF CONTROL OF LICENSES
I.
General Electric Company (GE) and Hitachi Ltd. (Hitachi), a Jap anese
corporation, hold the ownership interests in GE-Hitachi Nuclear Energy Americas, LLC
(GEHA) and Global Nuclear Fuel-Americas, LLC (GNF-A), with GE h olding 60 percent
ownership interest and Hitachi holding the remaining 40 percent ownership interest
through wholly owned companies. C urrently, GEHA is the holder o f part 50 of title 10 of
the Code of Federal Regulations (10 CFR), Domestic Licensing of Production and
Utilization Facilities, reactor license numbers R-33, DPR-1, D R-10, and TR-1 for
reactors at the Vallecitos Nuclear Center (VNC) in Sunol, Calif ornia. GEHA also holds
10 CFR part 70, Domestic Licensing of Special Nuclear Material, special nuclear
material (SNM) license numbers SNM-960 and SNM-1270 for the VNC. In addition,
GEHA is the holder of 10 CFR part 72, Licensing Requirements f or the Independent
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, an d Reactor-Related
Greater Than Class C Waste, license number SNM-2500 for the Mo rris Operation
Independent Spent Fuel Storage Installation (ISFSI) in Morris, Illinois, and also holds
export license numbers XR-135 and XCOM1124. GEHA also holds Certificate of
Compliance (CoC) number 9228 for Transportation Package USA/922 8/B(U)F-96. GNF-
A is the holder of 10 CFR part 70 license number SNM-1097 for t he Wilmington Fuel
Manufacturing Facility in Wilmington, North Carolina, and also holds export license
numbers XSNM1662, XSNM03135, XSNM3398, XSNM3785, and XSNM3066, as well
as CoC numbers 9294 for Transportation Package USA/9294/AF-96 a nd 9309 for
Transportation Package USA/9309/B(U)F-96.
II.
By letter dated May 30, 2023 (Agencywide Documents Access and M anagement
System Accession Number ML23152A116), as supplemented by letter s dated June 20,
2023 (ML23171A976), June 26, 2023 (ML23177A089), and September 27, 2023
(ML23271A086) (collectively, the application), GE, GEHA, and GN F-A (together, the
applicants) submitted an application requesting that the U.S. N uclear Regulatory
Commission (NRC, the Commission) consent to the indirect transf ers of control of the
NRC reactor, materials, and export licenses held by GEHA and GN F-A and providing
related notice for the CoCs held by GEHA and GNF-A. The applica nts stated that the
application involves the second phase of a company reorganizati on in which GE would
transfer its various energy-related businesses, including its o wnership interest in GEHA
and GNF-A, into a recently created wholly owned subsidiary name d GE Vernova LLC.
Hitachis ownership interests would not be affected by the prop osed transaction. The
applicants stated that the reorganization would occur in two st eps, each of which would
involve an indirect transfer of control of the NRC licenses. Fi rst, GE Vernova LLC would
become an intermediate holding company and an indirect corporat e parent of both
GEHA and GNF-A. Second, GE Vernova LLC would be converted into a corporation
(i.e., GE Vernova Corp.) and then GE would distribute the share s of GE Vernova Corp.
to its shareholders. As a result, GE Vernova Corp. would become the new ultimate U.S.
parent company for both GEHA and GNF-A. These two steps are req uired to effectuate
the transaction, and the second step would not occur without th e first. The applicants
stated that only a single application for both steps was being submitted and requested
that the NRC grant its consent to both steps. There would be no direct transfer of control
of the NRC licenses involved with the transaction because GEHA and GNF-A would
continue to be the holders of the NRC licenses after the propos ed transaction. There
would also be no change in the management or technical personne l responsible for licensed activities. The current safety, security, and licensin g organizations within GEHA
and GNF-A would remain unchanged. Additionally, there are no pl anned changes in the
operational organization, location, facilities, equipment, or p rocedures associated with
the NRC licenses, and there would be no changes in operating pr ocedures, emergency
procedures, or decommissioning financial assurance. Because the licensees remain the
same, there will be no physical transfer of any records concern ing the safe and effective
decommissioning of the facilities, public dose, and waste dispo sal, and such records will
remain with GEHA and GNF-A. No physical or operational changes affecting the GEHA
and GNF-A sites and licensed activities were proposed in the ap plication.
The applicants requested the NRCs consent to the indirect tran sfers of control
pursuant to Section 184 of the Atomic Energy Act of 1954, as am ended (the Act), and
10 CFR 50.80, 70.36, 72.50, and 110.50(d). A notice of receipt of the application and
opportunity to request a hearing and provide written comments w as published in the
Federal Register on July 19, 2023 (88 FR 46197). The NRC did no t receive any
comments or requests for a hearing in response to this notice.
In accordance with 10 CFR 50.80, no license for a production or utilization
facility, or any right thereunder, shall be transferred, either voluntarily or involuntarily,
directly or indirectly, through transfer of control of the lice nse to any person, unless the
Commission gives its consent in writing. In accordance with 10 CFR 70.36, no license
granted under the regulations of 10 CFR part 70 and no right to possess or utilize SNM
granted by any license issued pursuant to the regulations in 10 CFR part 70 shall be
transferred, either voluntarily or involuntarily, directly or i ndirectly, through transfer of
control of any license to any person unless the Commission shal l after securing full
information, find that the transfer is in accordance with the p rovisions of the Act, and
shall give its consent in writing. In accordance with 10 CFR 72.50, no license or any part
included in a license for an ISFSI shall be transferred, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the lice nse to any person, unless the
Commission gives its consent in writing. In accordance with 10 CFR 110.50(d), a
specific license may be transferred to another person only with the approval of the
Commission.
Upon review of the information in the application, as supplemen ted, and other
information before the NRC, and relying on the representations contained in the
application, the NRC staff has determined that GE Vernova Corp. is qualified to indirectly
hold the NRC licenses, to the extent described in the applicati on, and that the indirect
transfers of the licenses are otherwise consistent with applica ble provisions of law,
regulations, and orders issued by the Commission pursuant there to. The NRC staff has
also determined that: (1) there is reasonable assurance that th e health and safety of the
public will not be endangered by operation in the proposed mann er, (2) there is
reasonable assurance that such activities will be conducted in compliance with the
Commissions regulations, and (3) the transfers will not be ini mical to the common
defense and security or to the health and safety of the public. The findings set forth
above are supported by an NRC staff safety evaluation dated the same date as this
order, which is available at ADAMS Accession No. ML23283A328.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Ac t, 42 U.S.C. §§
2201(b), 2201(i), and 2234; and 10 CFR 50.80, 70.36, 72.50, and 110.50(d), IT IS
HEREBY ORDERED that the license transfer application, as descri bed herein, is
approved.
IT IS FURTHER ORDERED that after receipt of all required regula tory approvals
of the proposed transaction, the applicants shall inform the Di rector of the Office of Nuclear Reactor Regulation and the Director of the Office of Nu clear Material Safety and
Safeguards in writing of such receipt at least one (1) business day before all actions
necessary to accomplish the indirect transfers of control are c ompleted. Should the
proposed indirect transfers not be completed within 1 year of t he date of this order, this
order shall become null and void, provided, however, that upon timely 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 applica tion dated May 30,
2023, as supplemented by letters dated June 20, 2023, June 26, 2023, and September
27, 2023, and the associated NRC staff safety evaluation dated the same date as this
order. Publicly available documents created or received at the NRC are accessible
electronically through ADAMS in the NRC Library at https://www. nrc.gov/reading-
rm/adams.html. Persons who do not have access to ADAMS or who e ncounter problems
in accessing the documents located in ADAMS should contact the NRC Public
Document Room (PDR) reference staff by telephone at 1-800-397-4 209 or 301-415-
4737 or by email to PDR.Resource@nrc.gov.
Dated: November 30, 2023.
FOR THE NUCLEAR REGULATORY COMMISSION.
/RA/
Robert M. Taylor, Deputy Director, Office of Nuclear Reactor Regulation for Andrea D. Veil, Director, Office of Nuclear Reactor Regulation.
/RA/
John W. Lubinski, Director, Office of Nuclear Material Safety and Safeguards.