Shaw AREVA MOX Services, LLC (Mixed Oxide Fuel Fabrication Facility); Order Approving Indirect Transfer of Control of Construction Authorization, 9431-9432 [2013-02873]
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Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices
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[FR Doc. 2013–03067 Filed 2–6–13; 4:15 pm]
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Notice.
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SUMMARY:
VerDate Mar<15>2010
Stiles v. Department of Homeland
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SignificantCases.
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Jkt 229001
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9431
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SUMMARY:
Dated: February 4, 2013.
Patrice Little Murray,
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[FR Doc. 2013–02884 Filed 2–7–13; 8:45 am]
BILLING CODE 7515–01–P
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[FR Doc. 2013–02879 Filed 2–7–13; 8:45 am]
BILLING CODE 7400–01–P
PO 00000
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0081; Docket No. 70–3098;
Construction Authorization No. CAMOX–
001]
Shaw AREVA MOX Services, LLC
(Mixed Oxide Fuel Fabrication Facility);
Order Approving Indirect Transfer of
Control of Construction Authorization
I
Shaw AREVA MOX Services, LLC
(MOX Services) holds Construction
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08FEN1
9432
Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices
Authorization (CA) CAMOX–001 for
construction of a Mixed Oxide (MOX)
Fuel Fabrication Facility (MFFF) at the
U.S. Department of Energy (DOE)
Savannah River Site in Aiken, South
Carolina.
sroberts on DSK5SPTVN1PROD with NOTICES
II
By letter dated August 30, 2012, as
supplemented by letters dated October
1, 2012, December 20, 2012, and January
16, 2013, and a purchase transaction
agreement dated July 30, 2012 (together,
the Transfer Application), MOX
Services requested that the U.S. Nuclear
Regulatory Commission (NRC) consent
to the proposed indirect transfer of
Construction Authorization (‘‘CA’’)
CAMOX–001 that would be effected by
the indirect transfer of control of Shaw
Environmental & Infrastructure, Inc.’s
(‘‘Shaw E&I’’) 30% interest, and Shaw
Project Services Group, LLC’s (‘‘SPSG’’)
40% interest in MOX Services. The
transfer will occur as a result of the
purchase of Shaw E&I and SPSG’s
ultimate parent company, The Shaw
Group Inc. (‘‘Shaw’’), by Chicago Bridge
and Iron Company NV (‘‘CB&I’’),
pursuant to a purchase transaction
agreement. MOX Services would
continue to hold the CA. Upon
completion of the transaction, Shaw
will become a wholly owned subsidiary
of CB&I. Shaw holds a 70% ownership
interest in MOX Services through its
subsidiaries, Shaw E&I and SPSG. In
addition, DOE is requiring that a proxy
agreement be established pursuant to
the policies duly authorized under the
National Industrial Security Program.
The proxy agreement will give control
of CB&I’s interest in MOX Services to
SPSG, as a proxy for CB&I, Shaw, and
Shaw E&I, in order to insulate SPSG and
MOX Services from any potential
Foreign Ownership, Control or
Influence (FOCI) in order to maintain
the Facility Security Clearance held by
MOX Services. No physical changes to
the MFFF are being proposed.
Approval of the indirect transfer of
the CA was requested pursuant to
Section 184 of the Atomic Energy Act of
1954, as amended (AEA) (42 U.S.C.
2234) and Section 70.36 of Title 10 of
the Code of Federal Regulations (10
CFR). A notice of the request for
approval and opportunity for a hearing
or to submit written comments was
published in the Federal Register on
October 25, 2012 (77 FR 65208). No
comments or requests for a hearing were
received in response to this notice. The
Federal Register notice was corrected
on (January 30, 2013; 78 FR 6356) to fix
a typographical error.
Pursuant to Section 184 of the AEA,
no license granted under the AEA, and
VerDate Mar<15>2010
17:23 Feb 07, 2013
Jkt 229001
pursuant to 10 CFR 70.36, no license
granted under 10 CFR part 70, shall be
transferred, assigned, or in any manner
disposed of, directly or indirectly,
through transfer of control of any
license to any person unless the
Commission, after securing full
information, finds that the transfer is in
accordance with the provisions of the
AEA, and gives its consent in writing.
The CA does not authorize MOX
Services to use Special Nuclear Material
at the MFFF; it only authorizes MOX
Services to construct the MFFF. The CA
is analogous to a construction permit,
and it has served as the mechanism
under which the NRC staff has overseen
the MFFF construction activities. The
Commission’s regulations at 10 CFR 2.4,
define ‘‘license’’ as including a
construction permit. Therefore, the CA
is analogous to a license and the
requirements of Section 184 of the AEA
and 10 CFR 70.36 are applicable to this
action.
Upon review of the information
received from MOX Services, and other
information before the Commission, and
relying upon the representations and
agreements contained in the Transfer
Application, the NRC staff finds that (1)
it has secured full information regarding
the proposed indirect transfer of control
of CAMOX–001, and (2) the proposed
indirect transfer, to the extent that CB&I
will acquire a 70% ownership interest
in MOX Services pursuant to its
planned acquisition of Shaw, as
described in the Transfer Application,
and to the extent that CB&I, Shaw, Shaw
E&I, SPSG, and MOX Services are in
compliance with DOE FOCI
requirements for maintenance of the
MFFF DOE Facility Security Clearance,
is in accordance with the provisions of
the AEA of 1954, as amended.
The findings set forth above are
supported by a Safety Evaluation (SE)
dated January 30, 2013.
III
Accordingly, pursuant to Section 184
of the AEA Act of 1954, as amended and
Section 70.36 of 10 CFR, it is hereby
ordered that the indirect transfer of
control of CAMOX–001, as described
herein, is approved.
It is further ordered that after receipt
of all required regulatory approvals of
the proposed indirect transfer, MOX
Services shall inform the Director of the
Office of Nuclear Material Safety and
Safeguards, in writing, of such receipt
no later than one (1) business day prior
to the closing of the proposed indirect
transfer. Should the proposed indirect
transfer not be completed within 60
days from the date of issuance of this
Order, the Order shall become null and
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
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 letter dated August 30,
2012, as amended, (which can be found
at Agencywide Documents Access and
Management System [ADAMS]
Accession Number ML12243A498).
Publicly-available records will be
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@nrc.gov.
Dated at Rockville, Maryland this 31st day
of January 2013.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2013–02873 Filed 2–7–13; 8:45 am]
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SUMMARY:
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Pages 9431-9432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02873]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0081; Docket No. 70-3098; Construction Authorization No.
CAMOX-001]
Shaw AREVA MOX Services, LLC (Mixed Oxide Fuel Fabrication
Facility); Order Approving Indirect Transfer of Control of Construction
Authorization
I
Shaw AREVA MOX Services, LLC (MOX Services) holds Construction
[[Page 9432]]
Authorization (CA) CAMOX-001 for construction of a Mixed Oxide (MOX)
Fuel Fabrication Facility (MFFF) at the U.S. Department of Energy (DOE)
Savannah River Site in Aiken, South Carolina.
II
By letter dated August 30, 2012, as supplemented by letters dated
October 1, 2012, December 20, 2012, and January 16, 2013, and a
purchase transaction agreement dated July 30, 2012 (together, the
Transfer Application), MOX Services requested that the U.S. Nuclear
Regulatory Commission (NRC) consent to the proposed indirect transfer
of Construction Authorization (``CA'') CAMOX-001 that would be effected
by the indirect transfer of control of Shaw Environmental &
Infrastructure, Inc.'s (``Shaw E&I'') 30% interest, and Shaw Project
Services Group, LLC's (``SPSG'') 40% interest in MOX Services. The
transfer will occur as a result of the purchase of Shaw E&I and SPSG's
ultimate parent company, The Shaw Group Inc. (``Shaw''), by Chicago
Bridge and Iron Company NV (``CB&I''), pursuant to a purchase
transaction agreement. MOX Services would continue to hold the CA. Upon
completion of the transaction, Shaw will become a wholly owned
subsidiary of CB&I. Shaw holds a 70% ownership interest in MOX Services
through its subsidiaries, Shaw E&I and SPSG. In addition, DOE is
requiring that a proxy agreement be established pursuant to the
policies duly authorized under the National Industrial Security
Program. The proxy agreement will give control of CB&I's interest in
MOX Services to SPSG, as a proxy for CB&I, Shaw, and Shaw E&I, in order
to insulate SPSG and MOX Services from any potential Foreign Ownership,
Control or Influence (FOCI) in order to maintain the Facility Security
Clearance held by MOX Services. No physical changes to the MFFF are
being proposed.
Approval of the indirect transfer of the CA was requested pursuant
to Section 184 of the Atomic Energy Act of 1954, as amended (AEA) (42
U.S.C. 2234) and Section 70.36 of Title 10 of the Code of Federal
Regulations (10 CFR). A notice of the request for approval and
opportunity for a hearing or to submit written comments was published
in the Federal Register on October 25, 2012 (77 FR 65208). No comments
or requests for a hearing were received in response to this notice. The
Federal Register notice was corrected on (January 30, 2013; 78 FR 6356)
to fix a typographical error.
Pursuant to Section 184 of the AEA, no license granted under the
AEA, and pursuant to 10 CFR 70.36, no license granted under 10 CFR part
70, shall be transferred, assigned, or in any manner disposed of,
directly or indirectly, through transfer of control of any license to
any person unless the Commission, after securing full information,
finds that the transfer is in accordance with the provisions of the
AEA, and gives its consent in writing. The CA does not authorize MOX
Services to use Special Nuclear Material at the MFFF; it only
authorizes MOX Services to construct the MFFF. The CA is analogous to a
construction permit, and it has served as the mechanism under which the
NRC staff has overseen the MFFF construction activities. The
Commission's regulations at 10 CFR 2.4, define ``license'' as including
a construction permit. Therefore, the CA is analogous to a license and
the requirements of Section 184 of the AEA and 10 CFR 70.36 are
applicable to this action.
Upon review of the information received from MOX Services, and
other information before the Commission, and relying upon the
representations and agreements contained in the Transfer Application,
the NRC staff finds that (1) it has secured full information regarding
the proposed indirect transfer of control of CAMOX-001, and (2) the
proposed indirect transfer, to the extent that CB&I will acquire a 70%
ownership interest in MOX Services pursuant to its planned acquisition
of Shaw, as described in the Transfer Application, and to the extent
that CB&I, Shaw, Shaw E&I, SPSG, and MOX Services are in compliance
with DOE FOCI requirements for maintenance of the MFFF DOE Facility
Security Clearance, is in accordance with the provisions of the AEA of
1954, as amended.
The findings set forth above are supported by a Safety Evaluation
(SE) dated January 30, 2013.
III
Accordingly, pursuant to Section 184 of the AEA Act of 1954, as
amended and Section 70.36 of 10 CFR, it is hereby ordered that the
indirect transfer of control of CAMOX-001, as described herein, is
approved.
It is further ordered that after receipt of all required regulatory
approvals of the proposed indirect transfer, MOX Services shall inform
the Director of the Office of Nuclear Material Safety and Safeguards,
in writing, of such receipt no later than one (1) business day prior to
the closing of the proposed indirect transfer. Should the proposed
indirect transfer not be completed within 60 days from the date of
issuance of this 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 letter
dated August 30, 2012, as amended, (which can be found at Agencywide
Documents Access and Management System [ADAMS] Accession Number
ML12243A498). Publicly-available records will be 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@nrc.gov.
Dated at Rockville, Maryland this 31st day of January 2013.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-02873 Filed 2-7-13; 8:45 am]
BILLING CODE 7590-01-P
