In the Matter of: Louisiana Energy Services, L.P. (National Enrichment Facility); Order Approving Indirect Transfer of License and Conforming Amendment, 22182 [E8-8895]

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• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Page 22182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8895]


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NUCLEAR REGULATORY COMMISSION

[EA-08-089]


In the Matter of: Louisiana Energy Services, L.P. (National 
Enrichment Facility); Order Approving Indirect Transfer of License and 
Conforming Amendment

I

    Louisiana Energy Services (LES or the Licensee) is the holder of 
Special Nuclear Material License No. SNM-2010 for the National 
Enrichment Facility (NEF), issued by the U.S. Nuclear Regulatory 
Commission (NRC or Commission), pursuant to 10 CFR parts 30, 40, and 
70. The Licensee is authorized, by its license, to construct and 
operate a uranium enrichment facility in accordance with the Atomic 
Energy Act of 1954 (AEA), as amended, and 10 CFR parts 30, 40, and 70. 
The LES license was issued on June 23, 2006, and is due to expire on 
June 23, 2036.

II

    By letter dated October 19, 2007, the Licensee proposed to: (1) 
Restructure itself from a Limited Partnership (LP) to a Limited 
Liability Company (LLC); and (2) reorganize the ownership arrangement 
of Urenco Deelnemingen BV (UDE), a current limited partner of the 
Licensee. No physical changes to the NEF or operational changes were 
proposed.
    The Licensee also requested approval of a conforming license 
amendment that would change the Licensee's name from Louisiana Energy 
Services, L.P., to Louisiana Energy Services, LLC.
    Approval of the indirect transfer of the license and of the 
conforming license amendment was requested pursuant to 10 CFR 70.36. A 
notice of consideration of approval was published in the Federal 
Register on January 31, 2008 (73 FR 5882), including a notice of 
opportunity to request a hearing, or to submit written comments. No 
comments or requests for a hearing were submitted in response to this 
notice.
    Pursuant to 10 CFR 30.34(b), 40.46, and 70.36, no license granted 
under those parts, and no right thereunder to use byproduct, source, or 
special nuclear material, shall be transferred, assigned, or in any 
manner disposed of, directly or indirectly, through a transfer of 
control of any license, to any person, unless the Commission shall, 
after securing full information, find that the transfer is in 
accordance with the AEA, and gives its consent in writing. The 
Commission will approve an application for the indirect transfer of a 
license, if the Commission determines that the proposed restructuring 
and reorganization will not affect the qualifications of the Licensee 
to hold the license, and that the transfer is otherwise consistent with 
applicable provisions of law, regulations, and orders issued by the 
Commission pursuant thereto. After review of the information in the 
Application and other information before the Commission, and relying on 
the representations and agreements contained in the Application, the 
NRC staff determined that the proposed corporate restructuring and 
indirect transfer of the license is acceptable and 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 determined that the application for the 
proposed license amendment complies with the standards and requirements 
of the AEA, and the Commission's rules and regulations set forth in 
Title 10 Chapter I. The requested indirect transfer of the license and 
issuance of the conforming license amendment will not be inimical to 
the common defense and security or to the health and safety of the 
public, or the environment, and the issuance of the proposed amendment 
would be in accordance with 10 CFR part 51 of the Commission's 
regulations, and all applicable requirements have been satisfied.

III

    Accordingly, pursuant to sections 161b, 161i, and 184 of the Act; 
42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 30.34(b), 40.46, and 
70.36, it is hereby ordered that the Application regarding the indirect 
transfer of license, as described herein, is approved, subject to the 
following condition, which is also hereby made a condition of the 
license:

    The Licensee, as stated in the Application, will abide by all 
commitments and representations previously made by the Licensee with 
respect to the license.

    It is further ordered that the conforming license amendment for the 
indirect transfer of license shall be issued and made effective at the 
time the proposed license transfer is completed.
    It is further ordered that:

--In order to ensure that the NRC is timely notified of the transfer's 
completion, the Licensee shall inform the Director of the Office of 
Nuclear Material Safety and Safeguards, in writing, of the date of 
closing of the indirect transfer of License No. SNM-2010, at least one 
(1) business day prior to closing; and
--If the indirect transfer of license and all the above conforming 
conditions have not been completed within 60 days from the date of the 
issuance of the 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 initial 
application dated October 19, 2007, and the Safety Evaluation Report 
that supports the amendment, which are available for public inspection 
at the Commission's Public Document Room (PDR), located at One White 
Flint North, 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 via e-mail, to pdr@nrc.gov.


    Dated this 3rd day of April, 2008.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-8895 Filed 4-23-08; 8:45 am]
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