Foster Wheeler Environmental Corporation; Idaho Spent Fuel Facility; Notice of Order Approving Indirect Transfer of Materials License, 6676 [E9-2712]
Download as PDF
6676
Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–25]
Foster Wheeler Environmental
Corporation; Idaho Spent Fuel Facility;
Notice of Order Approving Indirect
Transfer of Materials License
AGENCY: U.S. Nuclear Regulatory
Commission.
ACTION: Issuance of Order Approving
Indirect Transfer of Materials License
No. SNM–2512.
FOR FURTHER INFORMATION, CONTACT:
Shana Helton, Senior Project Manager,
Licensing Branch, Division of Spent
Fuel Storage and Transportation, Office
of Nuclear Material Safety and
Safeguards (NMSS), U.S. Nuclear
Regulatory Commission (NRC),
Rockville, MD 20852. Telephone: (301)
492–3284; fax number: (301) 492–3348;
e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I
Foster Wheeler Environmental
Corporation (FWENC) is the holder of
Special Nuclear Materials (SNM)
License No. 2512, issued by the Nuclear
Regulatory Commission (NRC or
Commission) pursuant to 10 CFR Part
72. The license authorizes FWENC to
construct and operate the Idaho Spent
Fuel (ISF) Facility in accordance with
the terms and conditions specified
therein. The yet-to-be constructed ISF
Facility is an independent spent fuel
storage installation, which, if
constructed, will be located adjacent to
the Department of Energy’s Idaho
Nuclear Technology and Engineering
Center site on the Idaho National
Laboratory grounds in Idaho.
erowe on PROD1PC63 with NOTICES
II
By letter dated December 11, 2008, as
supplemented on December 22, 2008
(Agencywide Documents Access and
Management System Accession Nos.
ML083500374 and ML083640311,
respectively), FWENC submitted an
application seeking consent to the
indirect transfer of control of SNM
License No. 2512 for the ISF Facility.
The indirect transfer of control of
FWENC’s license would result from a
planned restructuring whereby Foster
Wheeler AG will become the new
ultimate corporate parent holding
company of FWENC, replacing Foster
Wheeler Ltd, the current ultimate parent
holding company. The shares of Foster
Wheeler Ltd., a corporation duly
organized under the laws of Bermuda,
are widely held and publicly traded in
VerDate Nov<24>2008
14:17 Feb 09, 2009
Jkt 217001
the United States on the NASDAQ
Global Select Market. The proposed new
ultimate parent holding company,
Foster Wheeler AG, is a corporation
duly organized under the laws of
Switzerland, and it is currently a wholly
owned subsidiary of Foster Wheeler Ltd.
No physical changes to the planned
ISF Facility were proposed in the
application. FWENC will still be
authorized to construct and operate the
ISF Facility, notwithstanding the
proposed corporate restructuring, and
will continue to hold the license. No
direct transfer of the license will result
from the planned restructuring.
Approval of the application was
requested pursuant to Section 184 of the
Atomic Energy Act of 1954, as amended
(AEA), and 10 CFR 72.50. Notice of the
application and an opportunity for a
hearing was published in the Federal
Register on December 29, 2008 (73 FR
79518). No hearing requests or written
comments were received.
Under 10 CFR 72.50, no license or any
part included in a license issued under
10 CFR Part 72 for an ISFSI shall be
transferred, assigned, or in any manner
disposed of, either voluntarily or
involuntarily, directly or indirectly,
through transfer of control of the license
to any person, unless the Commission
gives its consent in writing. Upon
review of the information submitted in
the application and other information
before the Commission, the NRC staff
has determined that the proposed
corporate restructuring as described
above will not affect the qualifications
of FWENC as holder of SNM License
No. 2512, and that the indirect transfer
of control of the license, to the extent
effected by the restructuring, is
otherwise consistent with applicable
provisions of the law, and the
regulations and orders issued by the
Commission. These findings are
supported by a Safety Evaluation of the
same date as this Order.
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 72.50, it is hereby ordered that
the application regarding the indirect
license transfer described above related
to the proposed corporate restructuring
and establishment of Foster Wheeler AG
as the new ultimate parent holding
company of FWENC is approved,
subject to the following condition:
Should the proposed corporate
restructuring and establishment of Foster
Wheeler AG as the new ultimate corporate
parent holding company not be completed
within one year from the date of this Order,
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
this Order shall become null and void,
provided, however, upon written application
and 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
December 11, 2008, as supplemented by
letter dated December 22, 2008, and the
NRC’s safety evaluation dated January
29, 2009 (ADAMS Accession Nos.
ML083500374, ML083640311, and
ML090220068, respectively). These
documents 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 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 29th day
of January 2009.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. E9–2712 Filed 2–9–09; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of BIH Corporation; Order
of Suspension of Trading
February 6, 2009.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of BIH
Corporation (‘‘BIH’’) because of
questions regarding the accuracy of
assertions by BIH in its Web site and in
press releases to investors concerning,
among other things: (1) The identity of
the person or persons in control of the
operation and management of the
company, and (2) contracts entered into
by one of BIH’s subsidiaries.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above listed
company.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Page 6676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2712]
[[Page 6676]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-25]
Foster Wheeler Environmental Corporation; Idaho Spent Fuel
Facility; Notice of Order Approving Indirect Transfer of Materials
License
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Issuance of Order Approving Indirect Transfer of Materials
License No. SNM-2512.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION, CONTACT: Shana Helton, Senior Project Manager,
Licensing Branch, Division of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear
Regulatory Commission (NRC), Rockville, MD 20852. Telephone: (301) 492-
3284; fax number: (301) 492-3348; e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I
Foster Wheeler Environmental Corporation (FWENC) is the holder of
Special Nuclear Materials (SNM) License No. 2512, issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 72.
The license authorizes FWENC to construct and operate the Idaho Spent
Fuel (ISF) Facility in accordance with the terms and conditions
specified therein. The yet-to-be constructed ISF Facility is an
independent spent fuel storage installation, which, if constructed,
will be located adjacent to the Department of Energy's Idaho Nuclear
Technology and Engineering Center site on the Idaho National Laboratory
grounds in Idaho.
II
By letter dated December 11, 2008, as supplemented on December 22,
2008 (Agencywide Documents Access and Management System Accession Nos.
ML083500374 and ML083640311, respectively), FWENC submitted an
application seeking consent to the indirect transfer of control of SNM
License No. 2512 for the ISF Facility.
The indirect transfer of control of FWENC's license would result
from a planned restructuring whereby Foster Wheeler AG will become the
new ultimate corporate parent holding company of FWENC, replacing
Foster Wheeler Ltd, the current ultimate parent holding company. The
shares of Foster Wheeler Ltd., a corporation duly organized under the
laws of Bermuda, are widely held and publicly traded in the United
States on the NASDAQ Global Select Market. The proposed new ultimate
parent holding company, Foster Wheeler AG, is a corporation duly
organized under the laws of Switzerland, and it is currently a wholly
owned subsidiary of Foster Wheeler Ltd.
No physical changes to the planned ISF Facility were proposed in
the application. FWENC will still be authorized to construct and
operate the ISF Facility, notwithstanding the proposed corporate
restructuring, and will continue to hold the license. No direct
transfer of the license will result from the planned restructuring.
Approval of the application was requested pursuant to Section 184
of the Atomic Energy Act of 1954, as amended (AEA), and 10 CFR 72.50.
Notice of the application and an opportunity for a hearing was
published in the Federal Register on December 29, 2008 (73 FR 79518).
No hearing requests or written comments were received.
Under 10 CFR 72.50, no license or any part included in a license
issued under 10 CFR Part 72 for an ISFSI shall be transferred,
assigned, or in any manner disposed of, either voluntarily or
involuntarily, directly or indirectly, through transfer of control of
the license to any person, unless the Commission gives its consent in
writing. Upon review of the information submitted in the application
and other information before the Commission, the NRC staff has
determined that the proposed corporate restructuring as described above
will not affect the qualifications of FWENC as holder of SNM License
No. 2512, and that the indirect transfer of control of the license, to
the extent effected by the restructuring, is otherwise consistent with
applicable provisions of the law, and the regulations and orders issued
by the Commission. These findings are supported by a Safety Evaluation
of the same date as this Order.
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 72.50, it is hereby ordered that the application regarding
the indirect license transfer described above related to the proposed
corporate restructuring and establishment of Foster Wheeler AG as the
new ultimate parent holding company of FWENC is approved, subject to
the following condition:
Should the proposed corporate restructuring and establishment of
Foster Wheeler AG as the new ultimate corporate parent holding
company not be completed within one year from the date of this
Order, this Order shall become null and void, provided, however,
upon written application and 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 December 11, 2008, as supplemented by letter dated December 22,
2008, and the NRC's safety evaluation dated January 29, 2009 (ADAMS
Accession Nos. ML083500374, ML083640311, and ML090220068,
respectively). These documents 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 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 29th day of January 2009.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E9-2712 Filed 2-9-09; 8:45 am]
BILLING CODE 7590-01-P