In the Matter of Westinghouse Electric Company LLC; Order Suspending License To Export to the Republic of South Africa, 6317-6318 [2023-01920]

Download as PDF Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Notices PREEVENTS is intended to encourage new scientific directions in the domains of natural hazards and extreme events. PREEVENTS will consider proposals for conferences that will foster development of interdisciplinary or multidisciplinary communities required to address complex questions surrounding natural hazards and extreme events. Such proposals are called PREEVENTS Track 1 proposals. In addition to standard NSF annual and final report requirements, PIs for all PREEVENTS Track 1 awards will be required to submit to NSF a public report that summarizes the conference activities, attendance, and outcomes; describes scientific and/or technical challenges that remain to be overcome in the areas discussed during the conference; and identifies specific next steps to advance knowledge in the areas of natural hazards and extreme events that were considered during the conference. These reports will be made publicly available via the NSF website, and are intended to foster nascent interdisciplinary or multidisciplinary communities and to enable growth of new scientific directions. Use of the Information: NSF will use the information to understand and evaluate the outcomes of the conference, to foster growth of new scientific communities, and to evaluate the progress of the PREEVENTS program. Estimate of Burden: 40 hours per award for 5–10 conference awards for a total of 200–400 hours. Respondents: Universities and Colleges; Non-profit, non-academic organizations; For-profit organizations; NSF-funded Federally Funded Research and Development Centers (FFRDCs). Estimated Number of Responses per Report: One from each five to ten Track 1 awardees. Dated: January 26, 2023. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2023–01982 Filed 1–30–23; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION khammond on DSKJM1Z7X2PROD with NOTICES [EA–23–009; NRC–2023–0023] In the Matter of Westinghouse Electric Company LLC; Order Suspending License To Export to the Republic of South Africa Nuclear Regulatory Commission. ACTION: Order; issuance. AGENCY: VerDate Sep<11>2014 16:46 Jan 30, 2023 Jkt 259001 The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Westinghouse Electric Company LLC suspending NRC license XCOM1252, which authorizes the export of fuel assembly components to Sweden for fabrication of fuel assemblies and subsequent shipment of the completed fuel assemblies to the Republic of South Africa (RSA) for use in Koeberg Nuclear Power Station Units 1 and 2. The suspension is required because the license was issued, in part, based on assurances from the RSA that the components would be made subject to the terms of the Agreement for Cooperation in Peaceful Uses of Nuclear Energy (123 Agreement) between the United States (U.S.) and the Government of South Africa. However, the U.S.-RSA 123 Agreement expired on December 4, 2022, and therefore the assurances that supported issuance of the license are no longer valid. DATES: The Order was issued on January 13, 2023. ADDRESSES: Please refer to Docket ID NRC–2023–0023 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0023. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to PDR.Resource@nrc.gov. The Order is available in ADAMS under Package Accession No. ML23012A121. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8:00 a.m. and 4:00 p.m. SUMMARY: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 6317 Eastern Time (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Gary Langlie, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–287–9076, email: Gary.Langlie@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated: January 25, 2023. For the Nuclear Regulatory Commission. David L. Skeen, Director, Office of International Programs. United States Nuclear Regulatory Commission In the Matter of: Westinghouse Electric Company LLC, 1000 Westinghouse Drive, Cranberry Township, PA 16066, License No. XCOM1252, Docket No. 11006040, EA–23–009 Order Suspending License To Export to the Republic of South Africa (Effective Immediately) I Westinghouse Electric Company LLC (Westinghouse or ‘‘the licensee’’) holds a specific license (XCOM1252) issued by the U.S. Nuclear Regulatory Commission (NRC) pursuant to Sections 53 and 127 of the Atomic Energy Act of 1954, as amended (AEA) and 10 CFR part 110. This specific license authorizes the export of fuel assembly components to Sweden for fabrication of fuel assemblies and subsequent shipment of the completed fuel assemblies to the Republic of South Africa (RSA) for use in Koeberg Nuclear Power Station Units 1 and 2. The export to the RSA is authorized under the terms of an Agreement for Cooperation in Peaceful Uses of Nuclear Energy (123 Agreement) between the United States (U.S.) and the Government of South Africa. Although the original expiration date for XCOM1252 was December 31, 2020, the licensee submitted an application to renew and amend the license on November 19, 2020. Therefore, in accordance with 10 CFR 110.51(b)(2), XCOM1252 remains valid until the NRC acts on the pending application. II Export license XCOM1252 was issued with nonproliferation assurances from the RSA that the exported components would be placed under the terms and conditions of the U.S.-RSA 123 Agreement. Those assurances were used as the basis to meet the export licensing criteria in 10 CFR 110.42(b) for export of nuclear equipment other than a E:\FR\FM\31JAN1.SGM 31JAN1 6318 Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Notices production or utilization facility. On December 4, 2022, the U.S.-RSA 123 Agreement expired. Therefore, the assurances from RSA that were used as the basis to approve XCOM1252 are no longer valid. While assurances that an export will be placed under the terms of a 123 Agreement can be used to satisfy the licensing criteria in 10 CFR 110.42(b) for export of nuclear equipment other than a production or utilization facility, they are not the only type of assurances that can satisfy these criteria. The criteria in § 110.42(b) can also be met for these types of exports with the following assurances from the RSA: (1) IAEA safeguards as required by Article III (2) of the NPT will be applied to such equipment; (2) No such equipment will be used for any nuclear explosive device or for research on or development of any nuclear explosive device; and (3) No such equipment will be retransferred to the jurisdiction of any other country or group of countries without the prior consent of the United States. Unless such assurances are in place, the licensee is not authorized to conduct any further exports to the RSA. khammond on DSKJM1Z7X2PROD with NOTICES III Accordingly, pursuant to Sections 53, 54, 57, 123, 127, 161b, 161i, 183, and 186 of the AEA, and 10 CFR 110.50(a)(1) and (2) and 110.52, it is hereby ordered, effective immediately, that license XCOM1252 is suspended as follows: A. The licensee’s authorization under XCOM1252 to export equipment and components to Sweden for fabrication into fuel assemblies and to subsequently ship the completed fuel assemblies to the RSA is suspended, and such exports are prohibited. B. This Order will expire, without any further action by the NRC, when the NRC acts on the pending application to renew and amend XCOM1252. The NRC finds that the common defense and security requires this action. Therefore, in accordance with 10 CFR 110.52(c), the licensee need not be afforded an opportunity to reply and be heard prior to issuance of this Order. For the Nuclear Regulatory Commission David L. Skeen, Director, Office of International Programs. Dated at Rockville, Maryland this 13th day of January 2023. [FR Doc. 2023–01920 Filed 1–30–23; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 16:46 Jan 30, 2023 Jkt 259001 NUCLEAR REGULATORY COMMISSION SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: [NRC–2020–0018] Standard Review Plan for Applications for 10 CFR Part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass But Not Subject to the Requirements in 10 CFR Part 70, Subpart H Nuclear Regulatory Commission. ACTION: Draft NUREG; extension of comment period. AGENCY: On December 8, 2022, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on draft NUREG–2212, ‘‘Standard Review Plan for Applications for 10 CFR part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but not Subject to the Requirements in 10 CFR part 70, subpart H.’’ The public comment period was originally scheduled to close on February 6, 2023. The NRC has decided to extend the public comment period to allow more time for members of the public to develop and submit their comments. SUMMARY: The due date of comments requested in the document published on December 8, 2022 (87 FR 75295) is extended. Comments should be filed no later than March 31, 2023. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website: • Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0018. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the DATES: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 Osiris Siurano-Perez, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415–7827, email: Osiris.SiuranoPerez@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2020– 0018 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0018. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to PDR.Resource@nrc.gov. Draft NUREG– 2212, ‘‘Standard Review Plan for Applications for 10 CFR part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but not Subject to the Requirements in 10 CFR part 70, subpart H,’’ and its associated Regulatory Analysis, are available in ADAMS under Accession Nos. ML22335A087 and ML20233A221, respectively. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. Eastern Time (ET), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2020–0018 in your comment submission. The NRC cautions you not to include identifying or contact information that E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6317-6318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01920]


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NUCLEAR REGULATORY COMMISSION

[EA-23-009; NRC-2023-0023]


In the Matter of Westinghouse Electric Company LLC; Order 
Suspending License To Export to the Republic of South Africa

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order to Westinghouse Electric Company LLC suspending NRC license 
XCOM1252, which authorizes the export of fuel assembly components to 
Sweden for fabrication of fuel assemblies and subsequent shipment of 
the completed fuel assemblies to the Republic of South Africa (RSA) for 
use in Koeberg Nuclear Power Station Units 1 and 2. The suspension is 
required because the license was issued, in part, based on assurances 
from the RSA that the components would be made subject to the terms of 
the Agreement for Cooperation in Peaceful Uses of Nuclear Energy (123 
Agreement) between the United States (U.S.) and the Government of South 
Africa. However, the U.S.-RSA 123 Agreement expired on December 4, 
2022, and therefore the assurances that supported issuance of the 
license are no longer valid.

DATES: The Order was issued on January 13, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0023 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0023. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The Order is available in ADAMS under 
Package Accession No. ML23012A121.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Langlie, Office of International 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-287-9076, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: January 25, 2023.

    For the Nuclear Regulatory Commission.
David L. Skeen,
Director, Office of International Programs.

United States

Nuclear Regulatory Commission

In the Matter of: Westinghouse Electric Company LLC, 1000 Westinghouse 
Drive, Cranberry Township, PA 16066, License No. XCOM1252, Docket No. 
11006040, EA-23-009

Order Suspending License To Export to the Republic of South Africa

(Effective Immediately)

I

    Westinghouse Electric Company LLC (Westinghouse or ``the 
licensee'') holds a specific license (XCOM1252) issued by the U.S. 
Nuclear Regulatory Commission (NRC) pursuant to Sections 53 and 127 of 
the Atomic Energy Act of 1954, as amended (AEA) and 10 CFR part 110. 
This specific license authorizes the export of fuel assembly components 
to Sweden for fabrication of fuel assemblies and subsequent shipment of 
the completed fuel assemblies to the Republic of South Africa (RSA) for 
use in Koeberg Nuclear Power Station Units 1 and 2. The export to the 
RSA is authorized under the terms of an Agreement for Cooperation in 
Peaceful Uses of Nuclear Energy (123 Agreement) between the United 
States (U.S.) and the Government of South Africa. Although the original 
expiration date for XCOM1252 was December 31, 2020, the licensee 
submitted an application to renew and amend the license on November 19, 
2020. Therefore, in accordance with 10 CFR 110.51(b)(2), XCOM1252 
remains valid until the NRC acts on the pending application.

II

    Export license XCOM1252 was issued with nonproliferation assurances 
from the RSA that the exported components would be placed under the 
terms and conditions of the U.S.-RSA 123 Agreement. Those assurances 
were used as the basis to meet the export licensing criteria in 10 CFR 
110.42(b) for export of nuclear equipment other than a

[[Page 6318]]

production or utilization facility. On December 4, 2022, the U.S.-RSA 
123 Agreement expired. Therefore, the assurances from RSA that were 
used as the basis to approve XCOM1252 are no longer valid.
    While assurances that an export will be placed under the terms of a 
123 Agreement can be used to satisfy the licensing criteria in 10 CFR 
110.42(b) for export of nuclear equipment other than a production or 
utilization facility, they are not the only type of assurances that can 
satisfy these criteria. The criteria in Sec.  110.42(b) can also be met 
for these types of exports with the following assurances from the RSA: 
(1) IAEA safeguards as required by Article III (2) of the NPT will be 
applied to such equipment; (2) No such equipment will be used for any 
nuclear explosive device or for research on or development of any 
nuclear explosive device; and (3) No such equipment will be 
retransferred to the jurisdiction of any other country or group of 
countries without the prior consent of the United States. Unless such 
assurances are in place, the licensee is not authorized to conduct any 
further exports to the RSA.

III

    Accordingly, pursuant to Sections 53, 54, 57, 123, 127, 161b, 161i, 
183, and 186 of the AEA, and 10 CFR 110.50(a)(1) and (2) and 110.52, it 
is hereby ordered, effective immediately, that license XCOM1252 is 
suspended as follows:
    A. The licensee's authorization under XCOM1252 to export equipment 
and components to Sweden for fabrication into fuel assemblies and to 
subsequently ship the completed fuel assemblies to the RSA is 
suspended, and such exports are prohibited.
    B. This Order will expire, without any further action by the NRC, 
when the NRC acts on the pending application to renew and amend 
XCOM1252.
    The NRC finds that the common defense and security requires this 
action. Therefore, in accordance with 10 CFR 110.52(c), the licensee 
need not be afforded an opportunity to reply and be heard prior to 
issuance of this Order.
    For the Nuclear Regulatory Commission
David L. Skeen,
Director, Office of International Programs.

    Dated at Rockville, Maryland this 13th day of January 2023.

[FR Doc. 2023-01920 Filed 1-30-23; 8:45 am]
BILLING CODE 7590-01-P


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