80_FR_29198 80 FR 29101 - Western Nuclear, Inc.; Split Rock Conventional Uranium Mill Site

80 FR 29101 - Western Nuclear, Inc.; Split Rock Conventional Uranium Mill Site

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range29101-29102
FR Document2015-12266

The U.S. Nuclear Regulatory Commission has approved the indirect transfer of control of Western Nuclear, Inc. (WNI) and Materials License No. SUA-56 from Phelps Dodge Corporation (PDC) to Freeport-McMoRan Copper & Gold, Inc. (Freeport). License No. SUA-56 is for WNI's former Split Rock Conventional Uranium Mill Site near Jeffrey City, Wyoming. The WNI's parent company, PDC (currently named Freeport- McMoRan Corporation), was previously acquired in a reverse triangular merger by Freeport. On March 12, 2007, WNI informed the NRC that PDC would be acquired by Freeport. On March 19, 2007, Freeport acquired the entire interest in PDC, and Freeport now owns 100 percent of PDC. On July 22, 2009, WNI requested NRC approval of an indirect transfer of control with respect to its Materials License No. SUA-56. The NRC has determined that, although the licensee was required to obtain NRC consent prior to the indirect transfer of control, the indirect transfer of control of the license is otherwise consistent with applicable provisions of law and NRC regulations. Therefore, the NRC has approved the indirect transfer of control.

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015) 
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29101-29102]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12266]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-1162, NRC-2009-0434]


Western Nuclear, Inc.; Split Rock Conventional Uranium Mill Site

AGENCY: Nuclear Regulatory Commission.

ACTION: Approval of indirect transfer of control.

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SUMMARY: The U.S. Nuclear Regulatory Commission has approved the 
indirect transfer of control of Western Nuclear, Inc. (WNI) and 
Materials License No. SUA-56 from Phelps Dodge Corporation (PDC) to 
Freeport-McMoRan Copper & Gold, Inc. (Freeport). License No. SUA-56 is 
for WNI's former Split Rock Conventional Uranium Mill Site near Jeffrey 
City, Wyoming. The WNI's parent company, PDC (currently named Freeport-
McMoRan Corporation), was previously acquired in a reverse triangular 
merger by Freeport. On March 12, 2007, WNI informed the NRC that PDC 
would be acquired by Freeport. On March 19, 2007, Freeport acquired the 
entire interest in PDC, and Freeport now owns 100 percent of PDC. On 
July 22, 2009, WNI requested NRC approval of an indirect transfer of 
control with respect to its Materials License No. SUA-56. The NRC has 
determined that, although the licensee was required to obtain NRC 
consent prior to the indirect transfer of control, the indirect 
transfer of control of the license is otherwise consistent with 
applicable provisions of law and NRC regulations. Therefore, the NRC 
has approved the indirect transfer of control.

DATES: May 20, 2015.

ADDRESSES: Please refer to Docket ID NRC-2009-0434 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2009-0434. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced.

[[Page 29102]]

     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Dominick Orlando, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6749, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The WNI is the holder of NRC Materials 
License No. SUA-56 for its former Split Rock Conventional Uranium Mill 
Site near Jeffrey City, Wyoming. The WNI has been an NRC licensee since 
1958. The Split Rock Site ceased active uranium recovery operations in 
1987 and has been engaging in final site reclamation activities since 
then. In 1971, WNI became a wholly owned subsidiary of PDC.
    On March 12, 2007, WNI informed the NRC that the PDC would be 
acquired by Freeport (ADAMS Accession No. ML071080087). On September 5, 
2007, WNI informed the NRC that the acquisition of WNI by Freeport had 
occurred (ADAMS Accession No. ML072710031). By letter dated July 22, 
2009, WNI submitted a request to the NRC for Consent to Indirect 
License Transfer of NRC Materials License No. SUA-56 (ADAMS Accession 
No. ML092100247). On October 13, 2009, the NRC issued a notice of 
application for indirect change of control and provided interested 
individuals an opportunity to request a hearing (74 FR 52510).
    On December 30, 2009, the NRC requested additional information from 
WNI on the indirect change of control (ADAMS Accession Nos. ML093480467 
and ML093480453). The WNI responded on May 7, 2010 (the NRC staff was 
unable to locate this response in ADAMS and a copy was provided by WNI 
on January 13, 2015 (ADAMS Accession No. ML15036A423)). On July 27, 
2010, the NRC requested additional information from WNI on the indirect 
change of control (ADAMS Accession No. ML102040700). On June 24, 2011, 
WNI provided information in response to the request for additional 
information (ADAMS Accession No. ML111860086). On December 2, 2014, the 
NRC requested additional information from WNI on the indirect change of 
control (ADAMS Accession No. ML14301A290). The WNI responded to the 
NRC's request on January 13, 2015 (ADAMS Package Accession No. 
ML15036A423).
    The WNI's Materials License No. SUA-56 was issued under part 40 of 
Title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Source Material.'' The Commission is required by 10 CFR 
40.46 to determine if the change of control is in accordance with the 
provisions of the Atomic Energy Act of 1954, as amended and to give its 
consent in writing.
    The NRC staff reviews requests for license transfers using the 
guidance in NUREG 1556, Volume 15, ``Consolidated Guidance About 
Materials Licenses-Guidance About Changes of Control and About 
Bankruptcy Involving Byproduct, Source, or Special Nuclear Materials 
Licenses,'' dated November 2000 (NUREG 1556, Vol. 15) (ADAMS Accession 
No. ML003778305). The purpose of the review is to determine whether the 
licensee, under the transaction, would continue to meet the regulatory 
requirements necessary to establish adequate financial assurance for 
decommissioning as required by 10 CFR part 40. As discussed in NUREG-
1556, Volume 15, the NRC uses the term ``change of control'' rather 
than the statutory term ``transfer'' to describe the variety of events 
that could require prior notification and written consent of the NRC. 
The central issue is whether the authority over the license has 
changed. The WNI's request for consent to indirect change of control 
describes an indirect change of control resulting from a merger between 
PDC, WNI's former parent company, and Freeport. Following the merger, 
WNI became a wholly owned subsidiary of Freeport and, as such, the 
transfer requires NRC consent.
    The NRC staff reviewed WNI's request for consent to an indirect 
change in control of its 10 CFR part 40 license using the guidance in 
NUREG 1556, Vol. 15. The NRC staff finds that the information submitted 
by WNI sufficiently describes and documents the commitments made by 
Freeport is consistent with the guidance in NUREG-1556, Vol. 15. An 
environmental assessment for this action is not required because this 
action is categorically excluded under 10 CFR 51.22(c)(21).
    Based on the review summarized above, the NRC has approved the 
indirect change of control, although the licensee was required to 
obtain NRC consent prior to the indirect change of control occurring. 
The licensee has further committed in its next parent company guarantee 
submission to provide a parent company guarantee issued by Freeport to 
cover the remaining site reclamation costs. The WNI's request meets the 
requirements of 10 CFR 40.46(b)(1) and (2) as the request includes the 
identity and technical and financial qualifications of the proposed 
transferee, and WNI has committed to provide revised financial 
assurance for decommissioning, during the next parent company guarantee 
submittal, naming Freeport as parent company guarantor for the 
reclamation costs at the Split Rock Site.

    Dated at Rockville, Maryland, this 5th day of May 2015.
For the Nuclear Regulatory Commission.

Larry W. Camper,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-12266 Filed 5-19-15; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices 29101 NATIONAL ARCHIVES AND RECORDS Grant Program, Budget Form, and SUMMARY: The U.S. Nuclear Regulatory ADMINISTRATION Instructions. Commission has approved the indirect OMB number: 3095–0013. transfer of control of Western Nuclear, [NARA–2015–038] Agency form number: NA Form Inc. (WNI) and Materials License No. 17001. SUA–56 from Phelps Dodge Corporation Agency Information Collection Type of review: Reinstatement of a Activities: Submission for OMB (PDC) to Freeport-McMoRan Copper & previously cleared information Gold, Inc. (Freeport). License No. SUA– Review; Comment Request collection. 56 is for WNI’s former Split Rock AGENCY: National Archives and Records Affected public: Nonprofit Conventional Uranium Mill Site near Administration (NARA). organizations and institutions, state and Jeffrey City, Wyoming. The WNI’s ACTION: Notice. local government agencies, and parent company, PDC (currently named Federally-acknowledged or state- Freeport-McMoRan Corporation), was SUMMARY: NARA gives public notice recognized Native American tribes or previously acquired in a reverse that it has submitted to OMB for groups, who apply for and receive triangular merger by Freeport. On March approval the information collection NHPRC grants for support of historical 12, 2007, WNI informed the NRC that described in this notice. We invite the documentary editions, archival PDC would be acquired by Freeport. On public to comment on the proposed preservation and planning projects, and March 19, 2007, Freeport acquired the information collection pursuant to the other records projects. entire interest in PDC, and Freeport now Paperwork Reduction Act of 1995. Estimated number of respondents: owns 100 percent of PDC. On July 22, DATES: Submit any written comments to 144 per year submit applications; 2009, WNI requested NRC approval of OMB at the address below on or before approximately 45 grantees need to an indirect transfer of control with June 19, 2015. submit revised budgets. Estimated time per response: 10 hours respect to its Materials License No. ADDRESSES: Send comments to Mr. SUA–56. The NRC has determined that, per application; 5 hours per revised Nicholas A. Fraser, Desk Officer for although the licensee was required to budget. NARA, by mail to Office of Management obtain NRC consent prior to the indirect Frequency of response: On occasion and Budget; New Executive Office transfer of control, the indirect transfer for the application; as needed for Building; Washington, DC 20503; by fax of control of the license is otherwise revised budget. Currently, the NHPRC to 202–395–5167, or by email to consistent with applicable provisions of considers grant applications 2 times per Nicholas_A._Fraser@omb.eop.gov. law and NRC regulations. Therefore, the year. Respondents usually submit no FOR FURTHER INFORMATION CONTACT: more than one application per year, and, NRC has approved the indirect transfer Contact Tamee Fechhelm by telephone for those who need to submit revised of control. at 301–837–1694 or by fax at 301–713– budgets, only one revised budget per DATES: May 20, 2015. 7409 with requests for additional year. information or copies of the proposed Estimated total annual burden hours: ADDRESSES: Please refer to Docket ID information collection and supporting 1,665 hours. NRC–2009–0434 when contacting the statement. Abstract: The NHPRC posts grant NRC about the availability of announcements to their Web site and to information regarding this document. SUPPLEMENTARY INFORMATION: Pursuant grants.gov (www.grants.gov), where the You may obtain publicly-available to the Paperwork Reduction Act of 1995 information will be specific to the grant information related to this document (Pub. L. 104–13), NARA invites the opportunity named. The basic using any of the following methods: public and other Federal agencies to comment on proposed information information collection remains the • Federal Rulemaking Web site: Go to collections. NARA published a notice of same. The NA Form 17001 is used by http://www.regulations.gov and search proposed collection for this information the NHPRC staff, reviewers, and the for Docket ID NRC–2009–0434. Address collection on December 24, 2014 (79 FR Commission to determine if the questions about NRC dockets to Carol 77534 and 77535). We received no applicant and proposed project are Gallagher; telephone: 301–415–3463; comments. We have submitted the eligible for an NHPRC grant, and email: Carol.Gallagher@nrc.gov. For described information collection to whether the proposed project is technical questions, contact the OMB for approval. In response to this methodologically sound and suitable for individual listed in the FOR FURTHER notice, comments and suggestions support. INFORMATION CONTACT section of this should address one or more of the Dated: May 13, 2015. document. following points: (a) Whether the Swarnali Haldar, • NRC’s Agencywide Documents proposed information collection is Executive for Information Services/CIO. Access and Management System necessary for NARA to properly perform (ADAMS): You may obtain publicly- [FR Doc. 2015–12211 Filed 5–19–15; 8:45 am] its functions; (b) NARA’s estimate of the available documents online in the BILLING CODE 7515–01–P burden of the proposed information ADAMS Public Documents collection at collection and its accuracy; (c) ways http://www.nrc.gov/reading-rm/ NARA could enhance the quality, adams.html. To begin the search, select utility, and clarity of the information it NUCLEAR REGULATORY ‘‘ADAMS Public Documents’’ and then collects; (d) ways NARA could COMMISSION select ‘‘Begin Web-based ADAMS minimize the burden on respondents of [Docket No. 40–1162, NRC–2009–0434] Search.’’ For problems with ADAMS, mstockstill on DSK4VPTVN1PROD with NOTICES collecting the information, including please contact the NRC’s Public through information technology; and (e) Western Nuclear, Inc.; Split Rock Document Room (PDR) reference staff at whether this collection affects small Conventional Uranium Mill Site 1–800–397–4209, 301–415–4737, or by businesses. In this notice, NARA solicits AGENCY: Nuclear Regulatory email to pdr.resource@nrc.gov. The comments concerning the following Commission. ADAMS accession number for each information collection: document referenced (if it available in ACTION: Approval of indirect transfer of Title: National Historical Publications ADAMS) is provided the first time that control. and Records Commission (NHPRC) a document is referenced. VerDate Sep<11>2014 23:50 May 19, 2015 Jkt 235001 PO 00000 Frm 00173 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1

29102 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices • NRC’s PDR: You may examine and Title 10 of the Code of Federal 10 CFR 40.46(b)(1) and (2) as the request purchase copies of public documents at Regulations (10 CFR), ‘‘Domestic includes the identity and technical and the NRC’s PDR, Room O1–F21, One Licensing of Source Material.’’ The financial qualifications of the proposed White Flint North, 11555 Rockville Commission is required by 10 CFR transferee, and WNI has committed to Pike, Rockville, Maryland 20852. 40.46 to determine if the change of provide revised financial assurance for FOR FURTHER INFORMATION CONTACT: control is in accordance with the decommissioning, during the next Dominick Orlando, Office of Nuclear provisions of the Atomic Energy Act of parent company guarantee submittal, Material Safety and Safeguards, U.S. 1954, as amended and to give its naming Freeport as parent company Nuclear Regulatory Commission, consent in writing. guarantor for the reclamation costs at Washington, DC 20555–0001; telephone: The NRC staff reviews requests for the Split Rock Site. 301–415–6749, email: license transfers using the guidance in Dated at Rockville, Maryland, this 5th day Dominick.orlando@nrc.gov. NUREG 1556, Volume 15, of May 2015. ‘‘Consolidated Guidance About For the Nuclear Regulatory Commission. SUPPLEMENTARY INFORMATION: The WNI Materials Licenses-Guidance About is the holder of NRC Materials License Larry W. Camper, Changes of Control and About No. SUA–56 for its former Split Rock Director, Division of Decommissioning, Bankruptcy Involving Byproduct, Conventional Uranium Mill Site near Source, or Special Nuclear Materials Uranium Recovery and Waste Programs, Jeffrey City, Wyoming. The WNI has Licenses,’’ dated November 2000 Office of Nuclear Material Safety and been an NRC licensee since 1958. The Safeguards. (NUREG 1556, Vol. 15) (ADAMS Split Rock Site ceased active uranium Accession No. ML003778305). The [FR Doc. 2015–12266 Filed 5–19–15; 8:45 am] recovery operations in 1987 and has purpose of the review is to determine BILLING CODE 7590–01–P been engaging in final site reclamation whether the licensee, under the activities since then. In 1971, WNI transaction, would continue to meet the became a wholly owned subsidiary of NUCLEAR REGULATORY regulatory requirements necessary to PDC. COMMISSION establish adequate financial assurance On March 12, 2007, WNI informed the for decommissioning as required by 10 [Docket No. 50–336; NRC–2015–0125] NRC that the PDC would be acquired by CFR part 40. As discussed in NUREG– Freeport (ADAMS Accession No. 1556, Volume 15, the NRC uses the term Dominion Nuclear Connecticut, Inc., ML071080087). On September 5, 2007, ‘‘change of control’’ rather than the Millstone Power Station, Unit 2 WNI informed the NRC that the statutory term ‘‘transfer’’ to describe the acquisition of WNI by Freeport had AGENCY: Nuclear Regulatory variety of events that could require prior Commission. occurred (ADAMS Accession No. notification and written consent of the ML072710031). By letter dated July 22, ACTION: Exemption; issuance. NRC. The central issue is whether the 2009, WNI submitted a request to the authority over the license has changed. NRC for Consent to Indirect License SUMMARY: The U.S. Nuclear Regulatory The WNI’s request for consent to Commission (NRC) is issuing an Transfer of NRC Materials License No. indirect change of control describes an SUA–56 (ADAMS Accession No. exemption in response to an April 11, indirect change of control resulting from 2014, request from Dominion Nuclear ML092100247). On October 13, 2009, a merger between PDC, WNI’s former the NRC issued a notice of application Connecticut, Inc., requesting an parent company, and Freeport. exemption to use a different fuel rod for indirect change of control and Following the merger, WNI became a provided interested individuals an cladding material (M5TM, hereafter wholly owned subsidiary of Freeport referred as M5). opportunity to request a hearing (74 FR and, as such, the transfer requires NRC 52510). DATES: May 20, 2015. consent. On December 30, 2009, the NRC The NRC staff reviewed WNI’s request ADDRESSES: Please refer to Docket ID requested additional information from for consent to an indirect change in NRC–2015–0125 when contacting the WNI on the indirect change of control control of its 10 CFR part 40 license NRC about the availability of (ADAMS Accession Nos. ML093480467 using the guidance in NUREG 1556, Vol. information regarding this document. and ML093480453). The WNI 15. The NRC staff finds that the You may obtain publicly-available responded on May 7, 2010 (the NRC information submitted by WNI information related to this document staff was unable to locate this response sufficiently describes and documents using any of the following methods: in ADAMS and a copy was provided by the commitments made by Freeport is • Federal Rulemaking Web site: Go to WNI on January 13, 2015 (ADAMS consistent with the guidance in http://www.regulations.gov and search Accession No. ML15036A423)). On July NUREG–1556, Vol. 15. An for Docket ID NRC–2015–0125. Address 27, 2010, the NRC requested additional environmental assessment for this questions about NRC dockets to Carol information from WNI on the indirect action is not required because this Gallagher; telephone: 301–415–3463; change of control (ADAMS Accession action is categorically excluded under email: Carol.Gallagher@nrc.gov. For No. ML102040700). On June 24, 2011, 10 CFR 51.22(c)(21). technical questions, contact the WNI provided information in response Based on the review summarized individual listed in the FOR FURTHER to the request for additional information above, the NRC has approved the INFORMATION CONTACT section of this (ADAMS Accession No. ML111860086). indirect change of control, although the document. On December 2, 2014, the NRC licensee was required to obtain NRC • NRC’s Agencywide Documents mstockstill on DSK4VPTVN1PROD with NOTICES requested additional information from consent prior to the indirect change of Access and Management System WNI on the indirect change of control control occurring. The licensee has (ADAMS): You may obtain publicly- (ADAMS Accession No. ML14301A290). further committed in its next parent available documents online in the The WNI responded to the NRC’s company guarantee submission to ADAMS Public Documents collection at request on January 13, 2015 (ADAMS provide a parent company guarantee http://www.nrc.gov/reading-rm/ Package Accession No. ML15036A423). issued by Freeport to cover the adams.html. To begin the search, select The WNI’s Materials License No. remaining site reclamation costs. The ‘‘ADAMS Public Documents’’ and then SUA–56 was issued under part 40 of WNI’s request meets the requirements of select ‘‘Begin Web-based ADAMS VerDate Sep<11>2014 23:50 May 19, 2015 Jkt 235001 PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1


Document Created: 2018-02-21 10:29:52
Document Modified: 2018-02-21 10:29:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionApproval of indirect transfer of control.
DatesMay 20, 2015.
ContactDominick Orlando, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6749, email: [email protected]
FR Citation80 FR 29101 
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