In the Matter of Aerotest Operations, Inc. (Aerotest Radiography and Research Reactor); Order Approving Indirect Transfer of Facility Operating License and Conforming Amendment, 39985-39986 [2010-16998]
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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
42933). The supplemental letters dated
August 27, 2009, and March 4, 2010,
provided additional information that
clarified the application, did not expand
the scope of the application as originally
noticed, and did not change the staff’s
original proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated June 29, 2010.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 1st day
of July 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–16879 Filed 7–12–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0178; Docket No. 50–228;
License No. R–98]
In the Matter of Aerotest Operations,
Inc. (Aerotest Radiography and
Research Reactor); Order Approving
Indirect Transfer of Facility Operating
License and Conforming Amendment
I.
Aerotest Operations, Inc., (Aerotest) is
the holder of Facility Operating License
No. R–98 which authorizes the
possession, use and operation of the
Aerotest Radiography and Research
Reactor (ARRR) located in San Ramon,
California, under the provisions of 10
CFR 50.21(c) for research and
development purposes. Aerotest is a
wholly owned subsidiary of OEA
Aerospace, Inc., which is wholly owned
by OEA, Inc. OEA, Inc., was purchased
by Autoliv ASP, Inc., (Autoliv) on May
9, 2000. Autoliv is owned by Autoliv,
Inc., a Delaware corporation with a
Board of Directors and Executive
Officers the majority of whom are nonU.S. citizens. Pursuant to the May 9,
2000, transfer, and without the consent
of the U. S. Nuclear Regulatory
Commission (NRC), Aerotest became a
subsidiary of Autoliv and Autoliv, Inc.
jlentini on DSKJ8SOYB1PROD with NOTICES
II.
By application dated January 19,
2010, as supplemented by letters dated
February 2, March 23, April 1, and April
19, 2010, (collectively, the application),
Aerotest, X-Ray Industries, Inc., (X-Ray),
and Autoliv requested that the NRC,
pursuant to of Title 10 of the Code of
VerDate Mar<15>2010
16:44 Jul 12, 2010
Jkt 220001
Federal Regulations (10 CFR) Section
50.80, consent to the proposed indirect
transfer of control of Aerotest’s license
to possess, use, and operate the ARRR,
from its current owner, Autoliv to XRay. Autoliv, the parent company of
OEA, Inc., (which is the parent
company of Aerotest) and X-Ray have
entered into a Letter of Intent for X-Ray
to acquire all of the stock of Aerotest. XRay has formed a subsidiary single
member LLC, Aerotest Holdings LLC, to
be the intermediate parent of Aerotest
and a subsidiary of X-Ray. There will be
no direct transfer of the license. No
changes to ARRR’s location, facilities,
equipment, operating procedures,
operating organization, or personnel
will be made in connection with the
indirect transfer of control of the
license.
The application also requested
approval of a conforming amendment to
reflect the proposed transfer of
ownership of Aerotest, from OEA, Inc.,
to X-Ray. After completion of the
transfer, X-Ray would be the indirect
owner of Aerotest, which operates the
ARRR.
Notice of request for approval and an
opportunity for hearing was published
in the Federal Register on May 14,
2010; 75 FR 27368. No hearing requests
or written comments were received.
Under 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 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
indirect license transfer of Facility
Operating License R–98, as described
above, is otherwise consistent with the
applicable provisions of law,
regulations, and orders issued by the
NRC, pursuant thereto, subject to the
conditions set forth below. The NRC
staff further finds that the application
for the proposed conforming license
amendment complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations set forth in 10 CFR
Chapter I; the facility 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
amendment can be conducted without
endangering the health and safety of the
public and that such activities will be
conducted in compliance with the
Commission’s regulations; the issuance
of the proposed license amendment will
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
39985
not be inimical to the common defense
and security or to the health and safety
of the public; and the issuance of the
proposed amendment 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 a safety evaluation
dated July 7, 2010.
III.
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended (the
Act), 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 proposed indirect license transfer
described above related to the proposed
transaction, is approved, subject to the
following conditions:
A. By no later than the time the proposed
transaction and indirect license transfer
occur, $2 million in decommissioning trust
funds will be deposited in a
Decommissioning Trust established and
maintained by Aerotest Operations, Inc. The
funds will be segregated from other assets of
Aerotest Operations, Inc., and will be outside
of the administrative control of Aerotest
Operations, Inc.
B. No later than the date of the transaction,
the licensee will provide to the Director of
the Office of Nuclear Reactor Regulation, a
copy of the letter of credit for $300,000 in a
form acceptable to the NRC.
C. X-Ray Industries, Inc., shall enter into
an $850,000 support agreement with Aerotest
Operations, Inc., no later than the time the
proposed transaction and indirect license
transfer occur. Aerotest Operations, Inc.,
shall take no action to cause X-Ray
Industries, Inc., 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 transaction and the indirect license
transfer. Aerotest Operations, Inc., shall
inform the NRC in writing anytime it draws
upon the support agreement.
It is further ordered that consistent
with 10 CFR 2.1315(b), the conforming
license amendment, reflecting only
changes related to the subject indirect
transfer, is approved. The amendment
shall be issued and made effective at the
time the proposed indirect transfer
action is completed.
It is further ordered that after receipt
of all required regulatory approvals of
the proposed indirect transfer action,
Aerotest shall inform the Director of the
Division of Policy and Rulemaking in
E:\FR\FM\13JYN1.SGM
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39986
Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
writing of such receipt no later than 7
business days prior to the date of the
closing of the indirect transfer. Should
the proposed indirect transfer not be
completed by September 13, 2010, 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 January
19, 2010, (Agencywide Documents
Access and Management System
(ADAMS) Accession No.
ML100490068), as supplemented by
letters dated February 2, March 23,
April 1, and April 19, 2010, (ADAMS
Accession No. ML100880295,
ML100880338, ML100980153, and
ML101120070, respectively), and the
safety evaluation dated July 7, 2010,
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 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, or 301–415–4737, or by email to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 6th day
of July, 2010.
For The Nuclear Regulatory Commission.
Timothy J. McGinty,
Director, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. 2010–16998 Filed 7–12–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–75; EA–10–092; NRC–2010–
0247]
jlentini on DSKJ8SOYB1PROD with NOTICES
In the Matter of Entergy Operations,
Inc., Waterford Steam Electric Station,
Independent Spent Fuel Installation,
Order Modifying License (Effective
Immediately)
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Order for
Implementation of Additional Security
Measures and Fingerprinting for
Unescorted Access to Entergy
Operations, Inc.
VerDate Mar<15>2010
16:44 Jul 12, 2010
Jkt 220001
FOR FURTHER INFORMATION CONTACT: L.
Raynard Wharton, Senior Project
Manager, Licensing and Inspection
Directorate, 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) 492–3316; fax
number: (301) 492–3348; e-mail:
Raynard.Wharton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, NRC (or the
Commission) is providing notice, in the
matter of Waterford Steam Electric
Station Independent Spent Fuel Storage
Installation (ISFSI) Order Modifying
License (Effective Immediately).
II. Further Information
I
NRC has issued a general license to
Entergy Operations, Inc. (Entergy),
authorizing the operation of an ISFSI, in
accordance with the Atomic Energy Act
of 1954, as amended, and Title 10 of the
Code of Federal Regulations (10 CFR)
Part 72. This Order is being issued to
Entergy because it has identified nearterm plans to store spent fuel in an
ISFSI under the general license
provisions of 10 CFR Part 72. The
Commission’s regulations at 10 CFR
72.212(b)(5), 10 CFR 50.54(p)(1), and 10
CFR 73.55(c)(5) require licensees to
maintain safeguards contingency plan
procedures to respond to threats of
radiological sabotage and to protect the
spent fuel against the threat of
radiological sabotage, in accordance
with 10 CFR Part 73, Appendix C.
Specific physical security requirements
are contained in 10 CFR 73.51 or 73.55,
as applicable.
Inasmuch as an insider has an
opportunity equal to, or greater than,
any other person, to commit radiological
sabotage, the Commission has
determined these measures to be
prudent. Comparable Orders have been
issued to all licensees that currently
store spent fuel or have identified nearterm plans to store spent fuel in an
ISFSI.
II
On September 11, 2001, terrorists
simultaneously attacked targets in New
York, NY, and Washington, DC, using
large commercial aircraft as weapons. In
response to the attacks and intelligence
information subsequently obtained, the
Commission issued a number of
Safeguards and Threat Advisories to its
licensees, to strengthen licensees’
capabilities and readiness to respond to
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
a potential attack on a nuclear facility.
On October 16, 2002, the Commission
issued Orders to the licensees of
operating ISFSIs, to place the actions
taken in response to the Advisories into
the established regulatory framework
and to implement additional security
enhancements that emerged from NRC’s
ongoing comprehensive review. The
Commission has also communicated
with other Federal, State, and local
government agencies and industry
representatives to discuss and evaluate
the current threat environment in order
to assess the adequacy of security
measures at licensed facilities. In
addition, the Commission has
conducted a comprehensive review of
its safeguards and security programs
and requirements.
As a result of its consideration of
current safeguards and security
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
determined that certain additional
security measures (ASMs) are required
to address the current threat
environment, in a consistent manner
throughout the nuclear ISFSI
community. Therefore, the Commission
is imposing requirements, as set forth in
Attachments 1 and 2 of this Order, on
all licensees of these facilities. These
requirements, which supplement
existing regulatory requirements, will
provide the Commission with
reasonable assurance that the public
health and safety, the environment, and
common defense and security continue
to be adequately protected in the current
threat environment. These requirements
will remain in effect until the
Commission determines otherwise.
The Commission recognizes that
licensees may have already initiated
many of the measures set forth in
Attachments 1 and 2 to this Order, in
response to previously issued
Advisories, or on their own. It also
recognizes that some measures may not
be possible or necessary at some sites,
or may need to be tailored to
accommodate the specific
circumstances existing at Entergy’s
facility, to achieve the intended
objectives and avoid any unforeseen
effect on the safe storage of spent fuel.
Although the ASMs implemented by
licensees in response to the Safeguards
and Threat Advisories have been
sufficient to provide reasonable
assurance of adequate protection of
public health and safety, in light of the
continuing threat environment, the
Commission concludes that these
actions must be embodied in an Order,
consistent with the established
regulatory framework.
E:\FR\FM\13JYN1.SGM
13JYN1
]]>Agencies
[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Pages 39985-39986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16998]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2010-0178; Docket No. 50-228; License No. R-98]
In the Matter of Aerotest Operations, Inc. (Aerotest Radiography
and Research Reactor); Order Approving Indirect Transfer of Facility
Operating License and Conforming Amendment
I.
Aerotest Operations, Inc., (Aerotest) is the holder of Facility
Operating License No. R-98 which authorizes the possession, use and
operation of the Aerotest Radiography and Research Reactor (ARRR)
located in San Ramon, California, under the provisions of 10 CFR
50.21(c) for research and development purposes. Aerotest is a wholly
owned subsidiary of OEA Aerospace, Inc., which is wholly owned by OEA,
Inc. OEA, Inc., was purchased by Autoliv ASP, Inc., (Autoliv) on May 9,
2000. Autoliv is owned by Autoliv, Inc., a Delaware corporation with a
Board of Directors and Executive Officers the majority of whom are non-
U.S. citizens. Pursuant to the May 9, 2000, transfer, and without the
consent of the U. S. Nuclear Regulatory Commission (NRC), Aerotest
became a subsidiary of Autoliv and Autoliv, Inc.
II.
By application dated January 19, 2010, as supplemented by letters
dated February 2, March 23, April 1, and April 19, 2010, (collectively,
the application), Aerotest, X-Ray Industries, Inc., (X-Ray), and
Autoliv requested that the NRC, pursuant to of Title 10 of the Code of
Federal Regulations (10 CFR) Section 50.80, consent to the proposed
indirect transfer of control of Aerotest's license to possess, use, and
operate the ARRR, from its current owner, Autoliv to X-Ray. Autoliv,
the parent company of OEA, Inc., (which is the parent company of
Aerotest) and X-Ray have entered into a Letter of Intent for X-Ray to
acquire all of the stock of Aerotest. X-Ray has formed a subsidiary
single member LLC, Aerotest Holdings LLC, to be the intermediate parent
of Aerotest and a subsidiary of X-Ray. There will be no direct transfer
of the license. No changes to ARRR's location, facilities, equipment,
operating procedures, operating organization, or personnel will be made
in connection with the indirect transfer of control of the license.
The application also requested approval of a conforming amendment
to reflect the proposed transfer of ownership of Aerotest, from OEA,
Inc., to X-Ray. After completion of the transfer, X-Ray would be the
indirect owner of Aerotest, which operates the ARRR.
Notice of request for approval and an opportunity for hearing was
published in the Federal Register on May 14, 2010; 75 FR 27368. No
hearing requests or written comments were received.
Under 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 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 indirect license transfer of Facility Operating License R-98, as
described above, is otherwise consistent with the applicable provisions
of law, regulations, and orders issued by the NRC, pursuant thereto,
subject to the conditions set forth below. The NRC staff further finds
that the application for the proposed conforming license amendment
complies with the standards and requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the Commission's rules and
regulations set forth in 10 CFR Chapter I; the facility 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 amendment can be
conducted without endangering the health and safety of the public and
that such activities will be conducted in compliance with the
Commission's regulations; the issuance of the proposed license
amendment 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
amendment 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 a safety evaluation dated
July 7, 2010.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended (the Act), 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 proposed indirect license transfer
described above related to the proposed transaction, is approved,
subject to the following conditions:
A. By no later than the time the proposed transaction and
indirect license transfer occur, $2 million in decommissioning trust
funds will be deposited in a Decommissioning Trust established and
maintained by Aerotest Operations, Inc. The funds will be segregated
from other assets of Aerotest Operations, Inc., and will be outside
of the administrative control of Aerotest Operations, Inc.
B. No later than the date of the transaction, the licensee will
provide to the Director of the Office of Nuclear Reactor Regulation,
a copy of the letter of credit for $300,000 in a form acceptable to
the NRC.
C. X-Ray Industries, Inc., shall enter into an $850,000 support
agreement with Aerotest Operations, Inc., no later than the time the
proposed transaction and indirect license transfer occur. Aerotest
Operations, Inc., shall take no action to cause X-Ray Industries,
Inc., 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 transaction and
the indirect license transfer. Aerotest Operations, Inc., shall
inform the NRC in writing anytime it draws upon the support
agreement.
It is further ordered that consistent with 10 CFR 2.1315(b), the
conforming license amendment, reflecting only changes related to the
subject indirect transfer, is approved. The amendment shall be issued
and made effective at the time the proposed indirect transfer action is
completed.
It is further ordered that after receipt of all required regulatory
approvals of the proposed indirect transfer action, Aerotest shall
inform the Director of the Division of Policy and Rulemaking in
[[Page 39986]]
writing of such receipt no later than 7 business days prior to the date
of the closing of the indirect transfer. Should the proposed indirect
transfer not be completed by September 13, 2010, 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 January 19, 2010, (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML100490068), as supplemented by letters
dated February 2, March 23, April 1, and April 19, 2010, (ADAMS
Accession No. ML100880295, ML100880338, ML100980153, and ML101120070,
respectively), and the safety evaluation dated July 7, 2010, 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 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, or 301-415-4737, or by
e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 6th day of July, 2010.
For The Nuclear Regulatory Commission.
Timothy J. McGinty,
Director, Division of Policy and Rulemaking, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010-16998 Filed 7-12-10; 8:45 am]
BILLING CODE 7590-01-P
