[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Notices]
[Pages 62767-62768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26887]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1257]


Siemens Power Corporation; Notice of Consideration of Request for 
Consent To Transfer of Facility License and Conforming Amendment and 
Opportunity for Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of request for consent to transfer of 
facility license and conforming amendment and opportunity for hearing.

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SUMMARY: The Nuclear Regulatory Commission (the Commission) is 
considering the issuance of a letter of consent and an amendment 
pursuant to Part 70 to Title 10 of the Code of Federal Regulations 
approving the transfer of Materials License SNM-1227 held by Siemens 
Power Corporation (``SPC'') as the owner and responsible licensee. The 
facility is authorized to use Special Nuclear Material (SNM) for the 
fabrication of nuclear fuel pellets and fuel assemblies and operates in 
Richland, WA. The transfer would be from Siemens Power Corporation to a 
new company to be named Framatome ANP Richland Division, Inc.

FOR FURTHER INFORMATION CONTACT: Dan E. Martin, Project Manager, Fuel 
Cycle Licensing Branch, Division of Fuel Cycle and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone: (301) 415-7254, e-mail 
<a href="/cdn-cgi/l/email-protection#ed898880dcad839f8ec38a829b"><span class="__cf_email__" data-cfemail="ddb9b8b0ec9db3afbef3bab2ab">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission (the 
Commission) is considering the issuance of a letter of consent and an 
amendment pursuant to Part 70 to Title

[[Page 62768]]

10 of the Code of Federal Regulations approving the transfer of 
Materials License SNM-1227, held by Siemens Power Corporation (``SPC'') 
as the owner and responsible licensee, to a new company to be named 
Framatome ANP Richland Division, Inc. The facility is authorized to use 
Special Nuclear Material (SNM) for the fabrication of nuclear fuel 
pellets and fuel assemblies and operates in Richland, WA.
    The transfer is necessitated by the planned merger of the world-
wide nuclear business of Siemens AG, a German Aktiengesellschaft 
(``Siemens''), including the outstanding shares of stock of SPC, the 
entity that currently conducts the U.S. nuclear business of Siemens, 
with the world-wide nuclear business of Framatome S.A., a French 
societe anoyme (``Framatome'') and the creation of a new French 
company, Framatome Advanced Nuclear Power (``Framatome ANP''). Upon 
closing of the transaction, SPC will be a wholly-owned subsidiary of 
Framatome Technologies Group, Inc. (``FTG''), a Delaware corporation 
and a wholly-owned indirect subsidiary of Framatome ANP, and will 
operate under the name Framatome ANP Richland Division, Inc. 
(``Framatome ANP Richland''). Before the closing date of the 
transaction, FTG will change its name to Framatome ANP, Inc., but FTG 
is used herein for convenience. The Commission is considering SPC's 
application and request, dated September 29, 2000, for Commission 
consent to the transfer of Materials License SNM-1227 to Framatome ANP 
Richland and the change in ownership of SPC from Siemens Corporation to 
FTG, effective upon the closing of the transaction, and a license 
amendment for administrative purposes to reflect the proposed transfer.
    According to SPC's application dated September 29, 2000, there will 
be no changes affecting the existing health and safety programs, 
qualifications of safety personnel, equipment and facilities, or any 
other existing license requirements. All the present obligations of SPC 
under the current license will pass unchanged to Framatome ANP 
Richland, with the exception of the form of financial assurance for 
decommissioning. SPC's application includes an unexecuted letter of 
credit and a standby third-party trust agreement, and a commitment to 
provide fully executed documents before the closing date.
    The proposed license amendment would change the name of the 
licensee from Siemens Power Corporation to Framatome ANP Richland 
Division, Inc. for administrative purposes to reflect the proposed 
transfer.
    Pursuant to 10 CFR 70.36, no license granted under the regulations 
in Part 70 and no right to possess or utilize special nuclear material 
granted by any license issued pursuant to the regulations in Part 70 
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 gives its 
prior consent in writing. The Commission will approve an application 
for the transfer of a license if the Commission determines that the 
proposed transferee is qualified to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming license amendment, the 
Commission will make the findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    By November 7, 2000, any person whose interest may be affected by 
the Commission's action on the application may request a hearing and, 
if not, the applicant may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In addition, an 
untimely request or petition should address the factors that the 
Commission will also consider, in reviewing untimely requests or 
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon: Mr. Loren J. Maas, Manager, Regulatory Compliance, 
Siemens Power Corporation, 2101 Horn Rapids Road, Richland, WA 99352; 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555 (e-mail address for filings regarding license transfer cases 
only: <a href="/cdn-cgi/l/email-protection#2b646c68677f6b657968054c445d"><span class="__cf_email__" data-cfemail="86c9c1c5cad2c6c8d4c5a8e1e9f0">[email protected]</span></a>); and the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.1313.
    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.
    As an alternative to requests for hearing and petitions to 
intervene, by (30 days after publication), persons may submit written 
comments regarding the license transfer application, as provided for in 
10 CFR 2.1305. 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 
to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, Attention: Rulemakings and Adjudications Staff, and should 
cite the publication date and page number of the Federal Register 
notice.
    For further details with respect to this action, see the 
application dated September 29, 2000, available for public inspection 
at the Commission's Public Document Room at One White Flint North, 
11555 Rockville Pike, Rockville, MD, and accessible electronically 
through the ADAMS Public Electronic Reading Room link at the NRC Web 
site (http://www.nrc.gov).

    Dated at Rockville, Maryland this 13th day of October, 2000.

    For the Nuclear Regulatory Commission.
Philip Ting,
Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 00-26887 Filed 10-18-00; 8:45 am]
BILLING CODE 7590-01-P


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