Foreign Ownership, Control or 

Domination Webinar

August 21, 2013

9:00 a.m. – 12:00 p.m.
PURPOSE

• Solicit input from industry and other 

interested groups on the FOCD requirements 

in 10 Code of Federal Regulations (CFR) 

50.38, 10 CFR 52.75(a), and 10 CFR 

54.17(b). 

• In support of the NRC staff’s effort to develop 

a Commission-directed policy paper. 

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Staff Requirements Memo 

The staff should provide a fresh assessment on issues relating to foreign 

ownership including recommendations on any proposed modifications to 

guidance or practice on foreign ownership, domination, or control that may be 

warranted. As part of this generic review, the staff should obtain stakeholder 

views and present staff’s conclusions and recommendations in a voting paper 

for Commission review and approval. This voting paper should be provided to 

the Commission no later than December 31, 2013, and include 

recommendations on the path forward, recognizing that the Commission would 

provide formal notice and opportunity for public comment should it propose to 

endorse or make significant changes in policy.

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Staff Requirements Memo 

(Continued)

The staff’s assessment should include, but not necessarily be limited to, the 

following issues:

1. The agency’s interpretation of the statutory meaning of “ownership,” and how that definition 

applies in various contexts, such as total or partial foreign ownership of a licensee’s parent, coowners, or owners who are licensed to own but not to possess or operate a facility. 

2. The limitation on foreign ownership contained in section 103d of the Atomic Energy Act and the 

potential to satisfy statutory objectives through an integrated review of foreign ownership, control, 

or domination issues involving up to and including 100 percent indirect foreign ownership;

3. Criteria for assessing proposed plans or actions to negate direct or indirect foreign ownership or 

foreign financing of more than 50 percent but less than 100 percent, and the adequacy of 

guidance on these criteria; and

4. The availability of alternative methods such as license conditions for resolving – following 

issuance of a combined license – foreign ownership, control or domination concerns. 

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Regulatory Framework 

 The Atomic Energy Act of 1954, as amended

• Sections 103d. and 104d.

 NRC regulations 10 CFR 50.38 • 10 CFR 50.38

• 10 CFR 52.75(a)

• 10 CFR 54.17(b)

• Standard Review Plan on “Foreign Ownership, 

Control, or Domination of Applicants for Reactor 

Licenses” dated June 1999 (64 FR 52,355) 

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Path Forward

 On June 3, 2013, the NRC issued a Federal Register Notice for a 60- day comment period to solicit written input on FOCD (78 FR 33121) 

• Closed on August 2, 2013 

• 15 comments received from industry, interest groups, and other members of 

the public

 Category 3 Public Meeting conducted on June 19, 2013 

• Public Meeting Summary package can be found at ADAMS Accession No. 

ML13190A268

 Outreach with other Federal Agencies on their processes for 

reviewing FOCD matters. 

• Committee on Foreign Investment in the U.S. 

• Department of Homeland Security, 

• Department of State

• Defense Security Service (FOCI reviews) 

• Federal Communications Commission

• Federal Aviation Administration (has foreign ownership limitations) 

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Public Meeting and the FRN

Stakeholder Input

 High interest from a variety of stakeholders

 Diverse viewpoints received during the Category 

3 Public Meeting and FRN

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WEBINAR COMMENTS 

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