Westinghouse Electric Company LLC; Consideration of Approval of Transfer of License, 10146-10148 [2023-03243]
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Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David C. Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
Infocollects.Resource@nrc.gov.
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B. Submitting Comments
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the OMB, then you
should inform those persons not to
include identifying or contact
information that they do not want to be
publicly disclosed in their comment
submission. Your request should state
that comment submissions are not
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
submitted a request for renewal of an
existing collection of information to
OMB for review entitled, ‘‘NRC Form
850, Request for Contractor
Assignment(s).’’ The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
September 7, 2022 (87 FR 54719).
1. The title of the information
collection: NRC Form 850, Request for
Contractor Assignment(s).
2. OMB approval number: 3150–0218.
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3. Type of submission: Extension.
4. The form number, if applicable:
NRC Form 850.
5. How often the collection is required
or requested: On occasion.
6. Who will be required or asked to
respond: NRC contractors,
subcontractors and other individuals
who are not NRC employees.
7. The estimated number of annual
responses: 500.
8. The estimated number of annual
respondents: 500.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 85.
10. Abstract: NRC Form 850 is
completed by NRC contractors,
subcontractors, licensee employees,
employees of other government
agencies, and other individuals who are
not NRC employees who require an NRC
access authorization.
Dated: February 13, 2023.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2023–03287 Filed 2–15–23; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 70–1151, 11004036, 11004358,
11004552, 11004736, 11004752, 11004918,
11005030, 11005042, 11005057, 11005536,
11005908, 11006001, 11006014, 11006040,
11006060, 11006085, 11006217, 11005472,
11006011, 11006216, 11004990, 11005224,
11005639, 11005968, 11006233, 11006332,
11006333, 11006334, 11006403, 11006430,
11006446, 11006453; NRC–2023–0038]
Westinghouse Electric Company LLC;
Consideration of Approval of Transfer
of License
Nuclear Regulatory
Commission.
ACTION: Application for indirect transfer
of license; opportunity to comment,
request a hearing, and petition for leave
to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of an application
filed by Westinghouse Electric
Company, LLC (Westinghouse) on
December 20, 2022. The application
seeks NRC approval of the indirect
transfer of materials license SNM–1107
and several export licenses for
Westinghouse, from Brookfield
Corporation (Brookfield), the parent
company of the license holder, to Watt
New Aggregator L.P., which Brookfield
SUMMARY:
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will hold a controlling 51 percent
interest in and Cameco Corporation
(Cameco) will hold the remaining 49
percent interest. The application
contains sensitive unclassified nonsafeguards information (SUNSI).
DATES: Submit comments by March 20,
2023. A request for a hearing or petition
for leave to intervene must be filed by
March 8, 2023. Any potential party as
defined in § 2.4 of title 10 of the Code
of Federal Regulations (10 CFR), who
believes access to SUNSI is necessary to
respond to this notice must follow the
instructions in section VI of the
SUPPLEMENTARY INFORMATION section of
this notice.
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–2023–0038. 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
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jenny Tobin, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
2328, email: Jennifer.Tobin@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2023–
0038 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–2023–0038.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
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Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
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 Application
for Consent to Indirect Change of
Control with Respect to a Materials
License, Export Licenses, and
Notification Regarding Other Approvals
and Request for Threshold
Determination is available in ADAMS
under Accession No. ML22354A291.
• 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.
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B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2023–0038 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
The NRC is considering approving the
indirect transfer of control of
Westinghouse. On December 20, 2022,
Westinghouse submitted an application
(ADAMS Accession No. ML22354A291)
pursuant to 10 CFR 70.36, 10 CFR
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110.50, and 10 CFR 110.51 regarding
materials license SNM–1107 and export
licenses XCOM–1014, XCOM–1047,
XCOM–1072, XCOM–1093, XCOM–
1094, XCOM–1102, XCOM–1111,
XCOM–1113, XCOM–1116, XCOM–
1170, XCOM–1188, XCOM–1219,
XCOM–1246, XCOM1249, XCOM–1252,
XCOM–1255, XCOM–1262, XCOM–
1298, XR–169, XR–176, XR–178,
XSNM–3006, XSNM–3163, XSNM–
3264, XSNM–3461, XSNM–3702,
XSNM–3769, XSNM–3802, XSNM–
3803, XSNM–3804, XSNM–3820,
XSNM–3825, XSNM–3829, and XSNM–
3830.
According to Westinghouse, the
application and consent request are
necessitated by the proposed indirect
acquisition of 100 percent of
Westinghouse by Watt New Aggregator
L.P. that is ultimately controlled by
Brookfield, a Canadian company. Upon
the closing of the transaction, Brookfield
will indirectly hold a controlling
interest in Watt GP Ltd., which controls
Watt New Aggregator L.P. as its general
partner. Brookfield will also indirectly
hold a 51 percent limited partnership
interest in Watt New Aggregator L.P.
The remaining 49 percent interest in
Watt GP and Watt New Aggregator L.P.
will be held by Cameco, a Canadian
company. After the closing of the
transaction, Westinghouse will continue
to be indirectly controlled by
Brookfield, as Brookfield ultimately
controls Watt New Aggregator L.P.
Cameco, however, will be entitled to
certain shareholder rights.
Westinghouse will continue to operate
the facility and hold the licenses.
No physical changes or operational
changes associated with the licensed
activities are being proposed in the
application.
Section 184 of the Atomic Energy Act
provides ‘‘[n]o license granted
hereunder and no right to utilize or
produce special nuclear material
granted hereby shall be transferred,
assigned or in any manner disposed of,
either voluntarily or involuntarily,
directly or indirectly, through 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
provisions of this Act, and shall give its
consent in writing.’’ The NRC’s
regulations at 10 CFR 70.36 state that no
license, or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission, after
securing full information, finds that the
transfer is in accordance with the
provisions of the Atomic Energy Act
and gives its consent in writing. The
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10147
Commission will approve an
application for the indirect transfer of a
license if the Commission determines
that the proposed transfer of controlling
interest will not affect the qualifications
of the licensee to hold the license, and
that the licensee has provided the
financial assurance for
decommissioning required by 10 CFR
70.25. 10 CFR 110.50(d) likewise
requires Commission approval for
transfers of a specific export or import
license.
III. Opportunity To Comment
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305 and 10 CFR 110.81.
The Commission will consider and, if
appropriate, respond to these
comments, but such comments will not
otherwise constitute part of the
decisional record. Comments should be
submitted as described in the
ADDRESSES section of this document.
IV. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 20 days after the date of
publication of this notice, any person
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2, as well as
the public participation procedures in
10 CFR part 110. Interested persons
should consult 10 CFR 2.309 and 10
CFR 110.82. If a petition is filed, the
presiding officer will rule on the
petition and, if appropriate, a notice of
a hearing will be issued.
Petitions must be filed no later than
20 days from the date of publication of
this notice in accordance with the filing
instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document. Petitions and motions for
leave to file new or amended
contentions that are filed after the
deadline will not be entertained absent
a determination by the presiding officer
that the filing demonstrates good cause
by satisfying the three factors in 10 CFR
2.309(c)(1)(i) through (iii).
A State, local governmental body,
Federally recognized Indian Tribe, or
designated agency thereof, may submit
a petition to the Commission to
participate as a party under 10 CFR
2.309(h) no later than 20 days from the
date of publication of this notice.
Alternatively, a State, local
governmental body, Federally
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10148
Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
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recognized Indian Tribe, or agency
thereof may participate as a non-party
under 10 CFR 2.315(c).
For information about filing a petition
and about participation by a person not
a party under 10 CFR 2.315, see ADAMS
Accession No. ML20340A053 (https://
adamswebsearch2.nrc.gov/webSearch2/
main.jsp?AccessionNumber=
ML20340A053) and on the NRC’s public
website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/
hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings including
documents filed by an interested State,
local governmental body, Federally
recognized Indian Tribe, or designated
agency thereof that requests to
participate under 10 CFR 2.315(c), must
be filed in accordance with 10 CFR
2.302. The E-Filing process requires
participants to submit and serve all
adjudicatory documents over the
internet, or in some cases, to mail copies
on electronic storage media, unless an
exemption permitting an alternative
filing method, as further discussed, is
granted. Detailed guidance on electronic
submissions is located in the ‘‘Guidance
for Electronic Submissions to the NRC’’
(ADAMS Accession No. ML13031A056)
and on the NRC’s public website at
https://www.nrc.gov/site-help/esubmittals.html.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
Hearing.Docket@nrc.gov, or by
telephone at 301–415–1677, to (1)
request a digital identification (ID)
certificate, which allows the participant
(or its counsel or representative) to
digitally sign submissions and access
the E-Filing system for any proceeding
in which it is participating; and (2)
advise the Secretary that the participant
will be submitting a petition or other
adjudicatory document (even in
instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
Based upon this information, the
Secretary will establish an electronic
docket for the proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. After a digital ID
certificate is obtained and a docket
created, the participant must submit
adjudicatory documents in Portable
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16:51 Feb 15, 2023
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Document Format. Guidance on
submissions is available on the NRC’s
public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. ET on the due date. Upon receipt
of a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email confirming
receipt of the document. The E-Filing
system also distributes an email that
provides access to the document to the
NRC’s Office of the General Counsel and
any others who have advised the Office
of the Secretary that they wish to
participate in the proceeding, so that the
filer need not serve the document on
those participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed to obtain access to
the documents via the E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., ET, Monday
through Friday, except Federal holidays.
Participants who believe that they
have good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted in accordance with
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving their
documents on all other participants.
Participants granted an exemption
under 10 CFR 2.302(g)(2) must still meet
the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the presiding
officer. If you do not have an NRCissued digital ID certificate as
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previously described, click ‘‘cancel’’
when the link requests certificates and
you will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information such as social
security numbers, home addresses, or
personal phone numbers in their filings
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants should not include
copyrighted materials in their
submission.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
For further details with respect to this
application, see the application dated
December 20, 2022 (ML22354A291).
VI. Access to Sensitive Unclassified
Non-Safeguards Information for
Contention Preparation
Any person who desires access to
proprietary, confidential commercial
information that has been redacted from
the application should contact the
applicant by telephoning Michael T.
Sweeney, 412–374–4526 for the purpose
of negotiating a confidentiality
agreement or a proposed protective
order with the applicant. If no
agreement can be reached, persons who
desire access to this information may
file a motion with the Secretary and
addressed to the Commission that
requests the issuance of a protective
order.
Dated: February 10, 2023.
For the Nuclear Regulatory Commission.
Shana R. Helton,
Director, Division of Fuel Management, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2023–03243 Filed 2–15–23; 8:45 am]
BILLING CODE 7590–01–P
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Agencies
[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10146-10148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03243]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 70-1151, 11004036, 11004358, 11004552, 11004736, 11004752,
11004918, 11005030, 11005042, 11005057, 11005536, 11005908, 11006001,
11006014, 11006040, 11006060, 11006085, 11006217, 11005472, 11006011,
11006216, 11004990, 11005224, 11005639, 11005968, 11006233, 11006332,
11006333, 11006334, 11006403, 11006430, 11006446, 11006453; NRC-2023-
0038]
Westinghouse Electric Company LLC; Consideration of Approval of
Transfer of License
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of license; opportunity to
comment, request a hearing, and petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by Westinghouse Electric
Company, LLC (Westinghouse) on December 20, 2022. The application seeks
NRC approval of the indirect transfer of materials license SNM-1107 and
several export licenses for Westinghouse, from Brookfield Corporation
(Brookfield), the parent company of the license holder, to Watt New
Aggregator L.P., which Brookfield will hold a controlling 51 percent
interest in and Cameco Corporation (Cameco) will hold the remaining 49
percent interest. The application contains sensitive unclassified non-
safeguards information (SUNSI).
DATES: Submit comments by March 20, 2023. A request for a hearing or
petition for leave to intervene must be filed by March 8, 2023. Any
potential party as defined in Sec. 2.4 of title 10 of the Code of
Federal Regulations (10 CFR), who believes access to SUNSI is necessary
to respond to this notice must follow the instructions in section VI of
the SUPPLEMENTARY INFORMATION section of this notice.
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-2023-0038. 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.
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
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jenny Tobin, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-2328, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0038 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-2023-0038.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly
[[Page 10147]]
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
Application for Consent to Indirect Change of Control with Respect to a
Materials License, Export Licenses, and Notification Regarding Other
Approvals and Request for Threshold Determination is available in ADAMS
under Accession No. ML22354A291.
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
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-2023-0038 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering approving the indirect transfer of control
of Westinghouse. On December 20, 2022, Westinghouse submitted an
application (ADAMS Accession No. ML22354A291) pursuant to 10 CFR 70.36,
10 CFR 110.50, and 10 CFR 110.51 regarding materials license SNM-1107
and export licenses XCOM-1014, XCOM-1047, XCOM-1072, XCOM-1093, XCOM-
1094, XCOM-1102, XCOM-1111, XCOM-1113, XCOM-1116, XCOM-1170, XCOM-1188,
XCOM-1219, XCOM-1246, XCOM1249, XCOM-1252, XCOM-1255, XCOM-1262, XCOM-
1298, XR-169, XR-176, XR-178, XSNM-3006, XSNM-3163, XSNM-3264, XSNM-
3461, XSNM-3702, XSNM-3769, XSNM-3802, XSNM-3803, XSNM-3804, XSNM-3820,
XSNM-3825, XSNM-3829, and XSNM-3830.
According to Westinghouse, the application and consent request are
necessitated by the proposed indirect acquisition of 100 percent of
Westinghouse by Watt New Aggregator L.P. that is ultimately controlled
by Brookfield, a Canadian company. Upon the closing of the transaction,
Brookfield will indirectly hold a controlling interest in Watt GP Ltd.,
which controls Watt New Aggregator L.P. as its general partner.
Brookfield will also indirectly hold a 51 percent limited partnership
interest in Watt New Aggregator L.P. The remaining 49 percent interest
in Watt GP and Watt New Aggregator L.P. will be held by Cameco, a
Canadian company. After the closing of the transaction, Westinghouse
will continue to be indirectly controlled by Brookfield, as Brookfield
ultimately controls Watt New Aggregator L.P. Cameco, however, will be
entitled to certain shareholder rights. Westinghouse will continue to
operate the facility and hold the licenses.
No physical changes or operational changes associated with the
licensed activities are being proposed in the application.
Section 184 of the Atomic Energy Act provides ``[n]o license
granted hereunder and no right to utilize or produce special nuclear
material granted hereby shall be transferred, assigned or in any manner
disposed of, either voluntarily or involuntarily, directly or
indirectly, through 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 provisions of this Act, and
shall give its consent in writing.'' The NRC's regulations at 10 CFR
70.36 state that no license, or any right thereunder, shall be
transferred, directly or indirectly, through transfer of control of the
license, unless the Commission, after securing full information, finds
that the transfer is in accordance with the provisions of the Atomic
Energy Act 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 transfer of controlling
interest will not affect the qualifications of the licensee to hold the
license, and that the licensee has provided the financial assurance for
decommissioning required by 10 CFR 70.25. 10 CFR 110.50(d) likewise
requires Commission approval for transfers of a specific export or
import license.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305 and 10 CFR 110.81. The Commission will
consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted as described in the ADDRESSES section of
this document.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 20 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2, as well as the public participation
procedures in 10 CFR part 110. Interested persons should consult 10 CFR
2.309 and 10 CFR 110.82. If a petition is filed, the presiding officer
will rule on the petition and, if appropriate, a notice of a hearing
will be issued.
Petitions must be filed no later than 20 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 20 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally
[[Page 10148]]
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
For further details with respect to this application, see the
application dated December 20, 2022 (ML22354A291).
VI. Access to Sensitive Unclassified Non-Safeguards Information for
Contention Preparation
Any person who desires access to proprietary, confidential
commercial information that has been redacted from the application
should contact the applicant by telephoning Michael T. Sweeney, 412-
374-4526 for the purpose of negotiating a confidentiality agreement or
a proposed protective order with the applicant. If no agreement can be
reached, persons who desire access to this information may file a
motion with the Secretary and addressed to the Commission that requests
the issuance of a protective order.
Dated: February 10, 2023.
For the Nuclear Regulatory Commission.
Shana R. Helton,
Director, Division of Fuel Management, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2023-03243 Filed 2-15-23; 8:45 am]
BILLING CODE 7590-01-P