In the Matter of General Electric Company (Vallecitos Boiling Water Reactor, General Electric Test Reactor, Nuclear Test Reactor, and ESADA Vallecitos Experimental Superheat Reactor); Order Approving Transfer of Licenses and Conforming Amendments, 52582-52584 [E7-18147]
Download as PDF
52582
Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices
factual information) on Commerce’s
final results is three business days after
the issuance of Commerce’s results. If
comments contain business proprietary
information (BPI), they must conform
with the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s rules do not
authorize filing of submissions with the
Secretary by facsimile or electronic
means, except to the extent permitted by
section 201.8 of the Commission’s rules,
as amended, 67 FR 68036 (November 8,
2002). Even where electronic filing of a
document is permitted, certain
documents must also be filed in paper
form, as specified in II (C) of the
Commission’s Handbook on Electronic
Filing Procedures, 67 FR 68168, 68173
(November 8, 2002).
In accordance with sections 201.16(c)
and 207.3 of the rules, each document
filed by a party to the reviews must be
served on all other parties to the reviews
(as identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Determination. The Commission has
determined to exercise its authority to
extend the review period by up to 90
days pursuant to 19 U.S.C.
1675(c)(5)(B).
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.62 of the
Commission’s rules.
Issued: September 10, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–18111 Filed 9–13–07; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–415 and 731–
TA–933 and 934 (Review)]
Polyethylene Terephthalate Film From
India and Taiwan
United States International
Trade Commission.
ACTION: Notice of Commission
determinations to conduct full five-year
reviews concerning the countervailing
duty order on polyethylene
terephthalate (‘‘PET’’) film from India
and the antidumping duty orders on
PET film from India and Taiwan.
rmajette on PROD1PC64 with NOTICES
AGENCY:
SUMMARY: The Commission hereby gives
notice that it will proceed with full
reviews pursuant to section 751(c)(5) of
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the Tariff Act of 1930 (19 U.S.C.
1675(c)(5)) to determine whether
revocation of the countervailing duty
order on polyethylene terephthalate
(‘‘PET’’) film from India and the
antidumping duty orders on PET film
from India and Taiwan would be likely
to lead to continuation or recurrence of
material injury within a reasonably
foreseeable time. A schedule for the
reviews will be established and
announced at a later date. For further
information concerning the conduct of
these reviews and rules of general
application, consult the Commission’s
Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and
F (19 CFR part 207).
DATES: Effective Date: September 4,
2007.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: On
September 4, 2007, the Commission
determined that it should proceed to
full reviews in the subject five-year
reviews pursuant to section 751(c)(5) of
the Act. The Commission found that the
domestic interested party group
response to its notice of institution (72
FR 30627, June 1, 2007) was adequate
and that the respondent interested party
group response with respect to India
was adequate and decided to conduct
full reviews with respect to the
antidumping and countervailing duty
orders concerning PET film from India.
The Commission found that the
respondent interested party group
response with respect to Taiwan was
inadequate. However, the Commission
determined to conduct a full review
concerning the antidumping duty order
on PET film from Taiwan to promote
administrative efficiency in light of its
decision to conduct full reviews with
respect to the orders concerning PET
film from India. A record of the
Commissioners’ votes, the
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Commission’s statement on adequacy,
and any individual Commissioner’s
statements will be available from the
Office of the Secretary and at the
Commission’s Web site.
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.62 of the
Commission’s rules.
Issued: September 10, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–18110 Filed 9–13–07; 8:45 am]
BILLING CODE 7020–02–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos.: 50–18, 50–70, 50–73, 50–183;
License Nos.: DPR–1, TR–1, R–33, and DR–
10]
In the Matter of General Electric
Company (Vallecitos Boiling Water
Reactor, General Electric Test Reactor,
Nuclear Test Reactor, and ESADA
Vallecitos Experimental Superheat
Reactor); Order Approving Transfer of
Licenses and Conforming
Amendments
I
The General Electric Company (GE) is
the holder of License No. DPR–1 for the
Vallecitos Boiling Water Reactor
(VBWR), License No. TR–1 for the
General Electric Test Reactor (GETR),
and License No. DR–10 for the ESADA
Vallecitos Experimental Superheat
Reactor (EVESR), which authorize
possession but not operation of these
facilities. GE is also the holder of
License No. R–33 for the Nuclear Test
Reactor (NTR), which authorizes
possession, use and operation of the
facility. The VBWR, the GETR and the
EVESR are permanently shut down with
possession-only licenses, and are
maintained in safe storage with their
nuclear fuel removed from the site. The
NTR is a research reactor that operates
at power levels not in excess of 100
kilowatts (thermal) under the authority
of an operating license. The facilities are
located at GE’s Vallecitos site in Sunol,
California.
II
By letter dated January 19, 2007, and
supplemented on January 25, 2007,
February 23, 2007, March 2, 2007,
March 26, 2007, May 16, 2007, May 18,
2007, June 4, 2007, July 6, 2007, and
August 9, 2007, (collectively, the
Application), GE requested approval by
the U.S. Nuclear Regulatory
E:\FR\FM\14SEN1.SGM
14SEN1
rmajette on PROD1PC64 with NOTICES
Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices
Commission (NRC) to the direct license
transfers that would be necessary in
connection with GE’s proposed transfers
to GE-Hitachi Nuclear Energy Americas,
LLC (GE-Hitachi) of its 100 percent
interests in the VBWR, the EVESR, the
GETR, and the NTR.
GE also requested approval of
conforming amendments to the
respective licenses to reflect the
proposed transfers of ownership of the
facilities from GE to GE-Hitachi. No
physical changes to the facilities or
operational changes were proposed in
the Application. After completion of the
proposed transfers, GE-Hitachi would be
the owner of the VBWR, the EVESR, and
the GETR, and owner and operator of
the NTR.
Approval of the transfer of the
licenses and the conforming
amendments was requested pursuant to
Section 184 of the Atomic Energy Act of
1954, as amended, (the Act), 10 CFR
50.80 and 10 CFR 50.90. A notice of
consideration of approval and
opportunity for a hearing or to submit
written comments for the requested
direct transfers was published in the
Federal Register on March 28, 2007 (72
FR 14621–14622). No request for
hearing or comment were received on
the Application.
Pursuant to 10 CFR 50.80, no license
for a production or utilization facility,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. Upon review
of the information in the Application
and other information before the
Commission, and relying upon the
representations and agreements
contained in the Application, the NRC
staff has determined that GE-Hitachi is
qualified to hold the licenses to the
extent now held by GE regarding its
ownership interests and operating
authority as proposed in the
Application, and the transfer of the
licenses is otherwise consistent with
applicable provisions of law,
regulations, and orders issued by the
Commission, subject to the conditions
set forth below. The NRC staff has
further found that the Application for
the proposed amendments to the
licenses complies with the standards
and requirements of the Act, and the
Commission’s rules and regulations set
forth in 10 CFR Chapter I; the facilities
will operate in conformity with the
Application, the provisions of the Act
and the rules and regulations of the
Commission; there is reasonable
assurance that the activities authorized
by the proposed license amendments
can be conducted without endangering
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the health and safety of the public, and
that such activities will be conducted in
accordance with the Commission’s
regulations; the issuance of the
proposed amendments to the licenses
will not be inimical to the common
defense and security or to the health
and safety of the public; and the
issuance of the proposed amendments
to the licenses will be in accordance
with 10 CFR Part 51 of the
Commission’s regulations and all
applicable requirements have been
satisfied. The findings set forth above
are supported by NRC’s Safety
Evaluation dated September 6, 2007.
III
Accordingly, pursuant to Sections
161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended; 42
U.S.C. 2201(b), 2201(i), and 2234; and
10 CFR 50.80, It is hereby ordered that
the transfer of the licenses, as described
herein, to GE-Hitachi is approved,
subject to the following conditions:
1. GE-Hitachi Nuclear Energy
Americas, LLC, as stated in the
Application, will abide by all
commitments and representations
previously made by GE with respect to
the licenses. These include, but are not
limited to, maintaining
decommissioning records,
implementing decontamination
activities, and eventually
decommissioning the facilities.
2. The Manager of the Vallecitos
Nuclear Center, the Vice-President,
Reactor Facility Safety and Security of
GE-Hitachi Nuclear Energy Americas,
LLC, and the Manager of GE-Hitachi
Nuclear Energy Americas, LLC, shall be
U.S. citizens. These individuals shall
have the responsibility and exclusive
authority to ensure and shall ensure,
that the business and activities of GEHitachi Nuclear Energy Americas, LLC,
with respect to the licenses for the
subject facilities, are at all times
conducted in a manner consistent with
the protection of the public health and
safety and the common defense and
security.
3. The commitments/representations
made in the Application, regarding
reporting relationships and authority
over safety and security issues and
compliance with NRC requirements
shall be adhered to and may not be
modified without the prior written
consent from the Director, Office of
Nuclear Reactor Regulation, the
Director, Office of Federal and State
Materials and Environmental
Management Programs, or their
designee(s).
4. GE-Hitachi Nuclear Energy
Americas, LLC, shall cause to be
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Sfmt 4703
52583
transmitted to the Director, Office of
Nuclear Reactor Regulation and the
Director, Office of Federal and State
Materials and Environmental
Management Programs within 30 days
of filing with the U.S. Securities
Exchange Commission (SEC), any
schedule 13D or 13G filed pursuant to
the Securities Exchange Act of 1934 that
discloses beneficial ownership of a
registered class of General Electric
stock.
5. Prior to completion of the transfer
of the licenses, GE-Hitachi Nuclear
Energy Americas, LLC, shall provide the
Nuclear Regulatory Commission staff
satisfactory documentary evidence that
it has obtained the appropriate amount
of insurance required of licensees under
10 CFR Part 140 of the Commission’s
regulations.
6. Prior to completion of the transfer
of the licenses, GE-Hitachi Nuclear
Energy Americas, LLC, shall provide the
Nuclear Regulatory Commission staff
satisfactory documentary evidence of a
parent company guarantee or another
method authorized by and meeting the
requirements of 10 CFR 50.75 for
decommissioning funding assurance for
the licenses in an amount no less than
$8,016,000 for the VBWR, $14,077,000
for the GETR, $3,411,000 for the NTR,
and $10,516,000 for the EVESR.
It is further ordered that, consistent
with 10 CFR 2.1315(b), amendments to
the licenses that make changes as
indicated in Enclosure 2 to the cover
letter, which forwards this Order, to
conform the licenses to reflect the
subject transfer of the licenses, are
approved. The amendments to the
licenses shall be issued and made
effective at the time the proposed
transfers are completed.
It is further ordered that GE shall
inform the Directors of the Office of
Nuclear Reactor Regulation and the
Office of Federal and State Materials
and Environmental Management
Programs in writing of the date of
closing of the transfer of the subject
interests in the VBWR, the EVESR, the
GETR, and the NTR at least (five) 5
business days prior to transfer to GEHitachi. Should the transfer of the
licenses not be completed within one
year of this Order’s date of issuance, this
Order shall become null and void,
provided, however, that upon 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 and the
Safety Evaluation, which are available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
E:\FR\FM\14SEN1.SGM
14SEN1
52584
Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices
Public File Area 01 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland and accessible electronically
from the Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://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
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 6th day
of September 2007.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–18147 Filed 9–13–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–445 and 50–446; License
Nos. NPF–87 and NPF–89]
In the Matter of: Txu Generation
Company LP (Comanche Peak Steam
Electric Station, Units 1 and 2); Order
Approving Indirect Transfer of Facility
Operating Licenses and Conforming
Amendments
I
TXU Generation Company LP is the
holder of Facility Operating Licenses
numbered NPF–87 and NPF–89, which
authorize operation of Comanche Peak
Steam Electric Station, Units 1 and 2
(CPSES). The facilities are located at the
licensee’s site in Somervell County,
Texas. The Operating Licenses authorize
TXU Generation Company LP to
possess, use and operate CPSES.
rmajette on PROD1PC64 with NOTICES
II
By application dated April 18, 2007,
as supplemented by letter dated July 20,
2007, TXU Generation Company LP
(TXU Power), acting on behalf of Texas
Energy Future Holdings Limited
Partnership (Texas Energy LP) and
itself, requested that the U.S. Nuclear
Regulatory Commission (NRC), pursuant
to Section 50.80 of Title 10 of the Code
of Federal Regulations (10 CFR),
consent to the proposed indirect transfer
of control of TXU Power’s licenses to
possess, use, and operate CPSES. TXU
Corp., which indirectly owns 100
percent of TXU Power, and Texas
Energy LP have entered into an
agreement for Texas Energy LP to
acquire all of the outstanding equity of
VerDate Aug<31>2005
15:44 Sep 13, 2007
Jkt 211001
TXU Corp. As part of the transaction, a
new company, Luminant Holdco, will
be established as an intermediate parent
of TXU Power and indirect subsidiary of
TXU Corp. At the time of the
acquisition, TXU Power will be
converted from a limited partnership to
a limited liability company, but will
continue in existence through the
conversion and will continue to hold
the licenses. Thus, there will be no
direct transfer of the licenses. The
application also states that TXU Power,
i.e., TXU Generation Company LP, will
be renamed as Luminant Generation
Company LLC. Therefore, pursuant to
10 CFR 50.90, TXU Power also
requested approval of conforming
license amendments to the CPSES, Unit
1 Operating License (NPF–87) and
CPSES, Unit 2 Operating License (NPF–
89) to reflect the name change from TXU
Generation Company LP to Luminant
Generation Company LLC.
Under the name of Luminant
Generation Company LLC, TXU Power
will continue to own and operate
CPSES. Through the acquisition of TXU
Corp. by Texas Energy LP, TXU Power
will become part of an enterprise
controlled and held by private equity
investors.
Notice of the requests for approval
and an opportunity for a hearing was
published in the Federal Register on
June 13, 2007 (72 FR 32685). No
comments or hearing requests were
received.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. Upon review
of the information in the application as
supplemented and other information
before the Commission, and relying
upon the representations and
agreements in the application as
supplemented, the NRC staff concludes
that the proposed indirect transfer of
control of TXU Power as described
herein will not affect the qualifications
of TXU Power as holder of the CPSES
licenses, and that the indirect transfer of
control of the licenses, to the extent
effected by the proposed transaction
described in the application, is
otherwise consistent with the applicable
provisions of laws, regulations, and
orders issued by the NRC pursuant
thereto, subject to the conditions
described herein.
The findings set forth above are
supported by a safety evaluation dated
September 10, 2007.
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Frm 00047
Fmt 4703
Sfmt 4703
III
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended, 42
U.S.C. 2201(b), 2201(i), 2201(o), and
2234; and 10 CFR 50.80, It is hereby
ordered that the application regarding
the indirect license transfers related to
the proposed acquisition is approved,
subject to the following conditions:
(1) TXU Power shall enter into the
$250 million support agreement with
Luminant Investment Company LLC, as
described in the application, no later
than the time the proposed transactions
and indirect license transfers occur.
TXU Power, whether or not converted to
a limited liability company and/or
renamed, shall take no action to cause
Luminant Investment Company LLC, or
its successors and assigns, to void,
cancel, or modify the support agreement
or cause it to fail to perform, or impair
its performance under the support
agreement, without the prior written
consent of the NRC. The support
agreement may not be amended or
modified without 30 days prior written
notice to the Director of the Office of
Nuclear Reactor Regulation or his
designee. An executed copy of the
support agreement shall be submitted to
the NRC no later than 30 days after the
completion of the proposed transactions
and the indirect license transfers. TXU
Power, whether or not converted to a
limited liability company and/or
renamed, shall inform the NRC in
writing anytime it draws upon the
support agreement.
(2) Following the subject indirect
transfer of control of the licenses, all of
the officers of the general partner or
controlling member of the licensee of
CPSES shall be U.S. citizens. This
condition may be amended upon
application by the licensee and approval
by the Director of the Office of Nuclear
Reactor Regulation.
It is further ordered that, consistent
with 10 CFR 2.1315(b), license
amendments that make changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the licenses to reflect the change in the
name of the licensee occurring in
connection with the proposed
acquisition of TXU Corp., and to reflect
certain conditions of this order, are
approved. The amendments shall be
issued and made effective at the time
the proposed acquisition and name
change are completed.
It is further ordered that TXU Power
shall inform the Director of the Office of
Nuclear Reactor Regulation in writing of
the date of the closing of the acquisition
of TXU Corp., establishment of
E:\FR\FM\14SEN1.SGM
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Agencies
[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52582-52584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18147]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-18, 50-70, 50-73, 50-183; License Nos.: DPR-1, TR-1,
R-33, and DR-10]
In the Matter of General Electric Company (Vallecitos Boiling
Water Reactor, General Electric Test Reactor, Nuclear Test Reactor, and
ESADA Vallecitos Experimental Superheat Reactor); Order Approving
Transfer of Licenses and Conforming Amendments
I
The General Electric Company (GE) is the holder of License No. DPR-
1 for the Vallecitos Boiling Water Reactor (VBWR), License No. TR-1 for
the General Electric Test Reactor (GETR), and License No. DR-10 for the
ESADA Vallecitos Experimental Superheat Reactor (EVESR), which
authorize possession but not operation of these facilities. GE is also
the holder of License No. R-33 for the Nuclear Test Reactor (NTR),
which authorizes possession, use and operation of the facility. The
VBWR, the GETR and the EVESR are permanently shut down with possession-
only licenses, and are maintained in safe storage with their nuclear
fuel removed from the site. The NTR is a research reactor that operates
at power levels not in excess of 100 kilowatts (thermal) under the
authority of an operating license. The facilities are located at GE's
Vallecitos site in Sunol, California.
II
By letter dated January 19, 2007, and supplemented on January 25,
2007, February 23, 2007, March 2, 2007, March 26, 2007, May 16, 2007,
May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007,
(collectively, the Application), GE requested approval by the U.S.
Nuclear Regulatory
[[Page 52583]]
Commission (NRC) to the direct license transfers that would be
necessary in connection with GE's proposed transfers to GE-Hitachi
Nuclear Energy Americas, LLC (GE-Hitachi) of its 100 percent interests
in the VBWR, the EVESR, the GETR, and the NTR.
GE also requested approval of conforming amendments to the
respective licenses to reflect the proposed transfers of ownership of
the facilities from GE to GE-Hitachi. No physical changes to the
facilities or operational changes were proposed in the Application.
After completion of the proposed transfers, GE-Hitachi would be the
owner of the VBWR, the EVESR, and the GETR, and owner and operator of
the NTR.
Approval of the transfer of the licenses and the conforming
amendments was requested pursuant to Section 184 of the Atomic Energy
Act of 1954, as amended, (the Act), 10 CFR 50.80 and 10 CFR 50.90. A
notice of consideration of approval and opportunity for a hearing or to
submit written comments for the requested direct transfers was
published in the Federal Register on March 28, 2007 (72 FR 14621-
14622). No request for hearing or comment were received on the
Application.
Pursuant to 10 CFR 50.80, no license for a production or
utilization facility, or any right thereunder, shall be transferred,
directly or indirectly, through transfer of control of the license,
unless the Commission shall give its consent in writing. Upon review of
the information in the Application and other information before the
Commission, and relying upon the representations and agreements
contained in the Application, the NRC staff has determined that GE-
Hitachi is qualified to hold the licenses to the extent now held by GE
regarding its ownership interests and operating authority as proposed
in the Application, and the transfer of the licenses is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission, subject to the conditions set forth below.
The NRC staff has further found that the Application for the proposed
amendments to the licenses complies with the standards and requirements
of the Act, and the Commission's rules and regulations set forth in 10
CFR Chapter I; the facilities will operate in conformity with the
Application, the provisions of the Act and the rules and regulations of
the Commission; there is reasonable assurance that the activities
authorized by the proposed license amendments can be conducted without
endangering the health and safety of the public, and that such
activities will be conducted in accordance with the Commission's
regulations; the issuance of the proposed amendments to the licenses
will not be inimical to the common defense and security or to the
health and safety of the public; and the issuance of the proposed
amendments to the licenses will be in accordance with 10 CFR Part 51 of
the Commission's regulations and all applicable requirements have been
satisfied. The findings set forth above are supported by NRC's Safety
Evaluation dated September 6, 2007.
III
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended; 42 U.S.C. 2201(b), 2201(i), and 2234;
and 10 CFR 50.80, It is hereby ordered that the transfer of the
licenses, as described herein, to GE-Hitachi is approved, subject to
the following conditions:
1. GE-Hitachi Nuclear Energy Americas, LLC, as stated in the
Application, will abide by all commitments and representations
previously made by GE with respect to the licenses. These include, but
are not limited to, maintaining decommissioning records, implementing
decontamination activities, and eventually decommissioning the
facilities.
2. The Manager of the Vallecitos Nuclear Center, the Vice-
President, Reactor Facility Safety and Security of GE-Hitachi Nuclear
Energy Americas, LLC, and the Manager of GE-Hitachi Nuclear Energy
Americas, LLC, shall be U.S. citizens. These individuals shall have the
responsibility and exclusive authority to ensure and shall ensure, that
the business and activities of GE-Hitachi Nuclear Energy Americas, LLC,
with respect to the licenses for the subject facilities, are at all
times conducted in a manner consistent with the protection of the
public health and safety and the common defense and security.
3. The commitments/representations made in the Application,
regarding reporting relationships and authority over safety and
security issues and compliance with NRC requirements shall be adhered
to and may not be modified without the prior written consent from the
Director, Office of Nuclear Reactor Regulation, the Director, Office of
Federal and State Materials and Environmental Management Programs, or
their designee(s).
4. GE-Hitachi Nuclear Energy Americas, LLC, shall cause to be
transmitted to the Director, Office of Nuclear Reactor Regulation and
the Director, Office of Federal and State Materials and Environmental
Management Programs within 30 days of filing with the U.S. Securities
Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to
the Securities Exchange Act of 1934 that discloses beneficial ownership
of a registered class of General Electric stock.
5. Prior to completion of the transfer of the licenses, GE-Hitachi
Nuclear Energy Americas, LLC, shall provide the Nuclear Regulatory
Commission staff satisfactory documentary evidence that it has obtained
the appropriate amount of insurance required of licensees under 10 CFR
Part 140 of the Commission's regulations.
6. Prior to completion of the transfer of the licenses, GE-Hitachi
Nuclear Energy Americas, LLC, shall provide the Nuclear Regulatory
Commission staff satisfactory documentary evidence of a parent company
guarantee or another method authorized by and meeting the requirements
of 10 CFR 50.75 for decommissioning funding assurance for the licenses
in an amount no less than $8,016,000 for the VBWR, $14,077,000 for the
GETR, $3,411,000 for the NTR, and $10,516,000 for the EVESR.
It is further ordered that, consistent with 10 CFR 2.1315(b),
amendments to the licenses that make changes as indicated in Enclosure
2 to the cover letter, which forwards this Order, to conform the
licenses to reflect the subject transfer of the licenses, are approved.
The amendments to the licenses shall be issued and made effective at
the time the proposed transfers are completed.
It is further ordered that GE shall inform the Directors of the
Office of Nuclear Reactor Regulation and the Office of Federal and
State Materials and Environmental Management Programs in writing of the
date of closing of the transfer of the subject interests in the VBWR,
the EVESR, the GETR, and the NTR at least (five) 5 business days prior
to transfer to GE-Hitachi. Should the transfer of the licenses not be
completed within one year of this Order's date of issuance, this Order
shall become null and void, provided, however, that upon 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
and the Safety Evaluation, which are available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North,
[[Page 52584]]
Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland and accessible electronically from the Agencywide Documents
Access and Management System (ADAMS) Public Electronic Reading Room on
the Internet at the NRC Web site, https://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 by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 6th day of September 2007.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E7-18147 Filed 9-13-07; 8:45 am]
BILLING CODE 7590-01-P