81 FR 33556 - Foreign Ownership, Control, or Domination of Nuclear Power, and Non-Power Production or Utilization Facility

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range		33556-33557
FR Document		2016-12546

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide on Foreign Ownership, Control, or Domination of Nuclear Power, and Non-Power Production or Utilization Facility. The NRC is issuing this guidance to provide NRC staff's regulatory position to applicants for, and licensees of, nuclear power reactors and non-power production or utilization facilities (NPUFs), regarding methods acceptable to the staff of the NRC for complying with foreign ownership, control, or domination (FOCD) requirements, including guidance on the subject of foreign financing. This draft regulatory guide may be used in connection with license applications for new facilities, renewal of existing licenses, or applications for approval of direct or indirect transfers of facility licenses.

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016)

[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33556-33557]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-12546]

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

NUCLEAR REGULATORY COMMISSION

[NRC-2016-0088]

Foreign Ownership, Control, or Domination of Nuclear Power, and
Non-Power Production or Utilization Facility

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment draft regulatory guide on Foreign Ownership, Control, or
Domination of Nuclear Power, and Non-Power Production or Utilization
Facility. The NRC is issuing this guidance to provide NRC staff's
regulatory position to applicants for, and licensees of, nuclear power
reactors and non-power production or utilization facilities (NPUFs),
regarding methods acceptable to the staff of the NRC for complying with
foreign ownership, control, or domination (FOCD) requirements,
including guidance on the subject of foreign financing.
This draft regulatory guide may be used in connection with license
applications for new facilities, renewal of existing licenses, or
applications for approval of direct or indirect transfers of facility
licenses.

DATES: Submit comments by July 25, 2016. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received before this
date.

ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0088. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
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: Shawn W. Harwell, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-1309, email: Shawn.Harwell@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2016-0088 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0088.
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 pdr.resource@nrc.gov. The
draft regulatory guide is available in ADAMS under Accession No.
ML16137A520.
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.

B. Submitting Comments

Please include Docket ID NRC-2016-0088 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 posts all comment submissions at http://www.regulations.gov as well as entering 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

[[Page 33557]]

entering the comment submissions into ADAMS.

II. Discussion

The NRC is issuing this draft regulatory guide on FOCD, to provide
NRC staff's regulatory position regarding methods acceptable to the
staff for determining whether an applicant for a nuclear facility
license issued under sections 103.d., ``Commercial Licenses,'' or
104.d., ``Medical Therapy and Research and Development,'' of the Atomic
Energy Act of 1954, as amended (AEA or Act), is owned, controlled, or
dominated by an alien, a foreign corporation, or a foreign government
(individually or collectively, a foreign entity). Pursuant to
Commission direction in SRM-SECY-14-0089, this draft guidance is
complementary to the staff's draft revision of the standard review plan
(SRP) on FOCD. Specifically, the revision of the SRP establishes
guidance on graded negation action plan (NAP) criteria; provides for
the consideration of site-specific criteria, as necessary; allows for
the use of license conditions to incorporate NAPs and the staff's
``totality of facts'' review approach; and, incorporates provisions for
analyzing foreign financing. This draft regulatory guide and the SRP
may be used by applicants or licensees for complying with FOCD
requirements, including guidance on the subject of foreign financing.
This draft regulatory guide may be used for license applications for
new facilities, to be licensed under parts 50 and 52 of title 10 of the
Code of Federal Regulations (10 CFR), applications for the renewal of
facility licenses; or, applications for approval of direct or indirect
transfers of facility licenses.
The provisions in the AEA for FOCD and inimicality, and the staff's
reviews of these areas under NRC regulations, are derived from the same
national security concerns, but appear in separate and distinct
language in the AEA. As such, the FOCD determination is to be made with
an orientation toward the common defense and security. The FOCD
provisions in the AEA and NRC's regulations are country-neutral,
whereas the staff's inimicality review and its findings directly
account for a license applicant's country of origin and any ties or
interests that could result in a determination of inimicality. While
FOCD and inimicality are complementary, this draft regulatory guide
does not address the means for determining whether issuance of a
license would be inimical to the common defense and security or to the
health and safety of the public.
While this draft regulatory guide is complementary to the draft
FOCD SRP, which is currently issued for public comment, there are
differences between the two. This draft guidance was completed after
the FOCD SRP was issued for public comment, therefore guidance on some
topics have been further refined. Specifically, this draft regulatory
guide includes the consideration of NPUF applicants and licensees, as
applicable, and also interagency comments on provisions for FOCD
analysis and negation action plan development. These topics will be
addressed, as applicable, in the draft FOCD SRP prior to finalizing for
Commission approval.

III. Backfitting and Issue Finality

This draft regulatory guide describes acceptable methods for
determining whether an applicant for (or holder of) a nuclear facility
license issued under sections 103.d., ``Commercial Licenses,'' or
104.d., ``Medical Therapy and Research and Development,'' of the Atomic
Energy Act of 1954, as amended (AEA or Act), is owned, controlled, or
dominated by an alien, a foreign corporation, or a foreign government
(individually or collectively, a foreign entity). This determination,
and any applicant or licensee actions needed to demonstrate that the
applicant or licensee is not owned, controlled or dominated by an
alien, a foreign corporation, or a foreign government, is not within
the purview of the Backfit Rule, 10 CFR 50.109 or the issue finality
provisions in 10 CFR part 52. Accordingly, the issuance of this
regulatory guide does not represent backfitting or a violation of any
issue finality provisions in part 52.

Dated at Rockville, Maryland, this 16th day of May 2016.

For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-12546 Filed 5-25-16; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices 33557

entering the comment submissions into While this draft regulatory guide is ACTION:Notice of adoption of the
ADAMS. complementary to the draft FOCD SRP, Seventh Northwest Electric Power and
which is currently issued for public Conservation Plan.
II. Discussion
comment, there are differences between
The NRC is issuing this draft the two. This draft guidance was SUMMARY: The Pacific Northwest
regulatory guide on FOCD, to provide completed after the FOCD SRP was Electric Power Planning and
NRC staff’s regulatory position regarding issued for public comment, therefore Conservation Act of 1980 (16 U.S.C. 839
methods acceptable to the staff for guidance on some topics have been et seq.) requires the Council to adopt
determining whether an applicant for a further refined. Specifically, this draft and periodically review and revise a
nuclear facility license issued under regulatory guide includes the regional power plan, the Northwest
sections 103.d., ‘‘Commercial Licenses,’’ consideration of NPUF applicants and Electric Power and Conservation Plan.
or 104.d., ‘‘Medical Therapy and licensees, as applicable, and also The Council first adopted the power and
Research and Development,’’ of the interagency comments on provisions for conservation plan in 1983, with
Atomic Energy Act of 1954, as amended FOCD analysis and negation action plan significant amendments or complete
(AEA or Act), is owned, controlled, or development. These topics will be revisions adopted in 1986, 1991, 1998,
dominated by an alien, a foreign addressed, as applicable, in the draft 2004 and 2010. The Council began a
corporation, or a foreign government FOCD SRP prior to finalizing for review of the power and conservation
(individually or collectively, a foreign Commission approval. plan in March 2013, and in October
entity). Pursuant to Commission 2015 the Council released for public
direction in SRM–SECY–14–0089, this III. Backfitting and Issue Finality review and comment the Draft
draft guidance is complementary to the Northwest Seventh Electric Power and
This draft regulatory guide describes
staff’s draft revision of the standard Conservation Plan. During the comment
acceptable methods for determining
review plan (SRP) on FOCD. period, the Council held public hearings
whether an applicant for (or holder of)
Specifically, the revision of the SRP in each of the four Northwest states, as
a nuclear facility license issued under
establishes guidance on graded negation required by the Northwest Power Act,
sections 103.d., ‘‘Commercial Licenses,’’
action plan (NAP) criteria; provides for engaged in consultations about the
or 104.d., ‘‘Medical Therapy and
the consideration of site-specific power and conservation plan with
Research and Development,’’ of the
criteria, as necessary; allows for the use various governments, entities and
Atomic Energy Act of 1954, as amended
of license conditions to incorporate individuals in the region, and accepted
(AEA or Act), is owned, controlled, or
NAPs and the staff’s ‘‘totality of facts’’ and considered substantial written and
dominated by an alien, a foreign
review approach; and, incorporates oral comments.
corporation, or a foreign government
provisions for analyzing foreign (individually or collectively, a foreign At the Council’s regularly scheduled
financing. This draft regulatory guide entity). This determination, and any public meeting in February 2016 in
and the SRP may be used by applicants applicant or licensee actions needed to Portland, Oregon, the Council formally
or licensees for complying with FOCD demonstrate that the applicant or adopted the revised power and
requirements, including guidance on the licensee is not owned, controlled or conservation plan, called the Seventh
subject of foreign financing. This draft dominated by an alien, a foreign Northwest Electric Power and
regulatory guide may be used for license corporation, or a foreign government, is Conservation Plan. The revised power
applications for new facilities, to be not within the purview of the Backfit and conservation plan meets the
licensed under parts 50 and 52 of title Rule, 10 CFR 50.109 or the issue finality requirements of the Northwest Power
10 of the Code of Federal Regulations provisions in 10 CFR part 52. Act, which specifies the components the
(10 CFR), applications for the renewal of Accordingly, the issuance of this power plan is to have, including an
facility licenses; or, applications for regulatory guide does not represent energy conservation program, a
approval of direct or indirect transfers of backfitting or a violation of any issue recommendation for research and
facility licenses. finality provisions in part 52. development; a methodology for
The provisions in the AEA for FOCD determining quantifiable environmental
Dated at Rockville, Maryland, this 16th day costs and benefits; a 20-year demand
and inimicality, and the staff’s reviews
of May 2016. forecast; a forecast of power resources
of these areas under NRC regulations,
are derived from the same national For the Nuclear Regulatory Commission. that the Bonneville Power
security concerns, but appear in William M. Dean, Administration will need to meet its
separate and distinct language in the Director, Office of Nuclear Reactor obligations; and an analysis of reserve
AEA. As such, the FOCD determination Regulation. and reserve reliability requirements.
is to be made with an orientation toward [FR Doc. 2016–12546 Filed 5–25–16; 8:45 am] The power and conservation plan also
the common defense and security. The BILLING CODE 7590–01–P
includes the Council’s Columbia River
FOCD provisions in the AEA and NRC’s Basin Fish and Wildlife Program,
regulations are country-neutral, whereas developed pursuant to other procedural
the staff’s inimicality review and its requirements under the Northwest
findings directly account for a license PACIFIC NORTHWEST ELECTRIC Power Act. The Council followed the
applicant’s country of origin and any POWER AND CONSERVATION adoption of the power and conservation
ties or interests that could result in a PLANNING COUNCIL plan with a decision at its regular
determination of inimicality. While monthly meeting in May 2016 in Boise,
sradovich on DSK3TPTVN1PROD with NOTICES

FOCD and inimicality are Seventh Northwest Electric Power and Idaho, to approve a Statement of Basis
complementary, this draft regulatory Conservation Plan and Purpose and Response to Comments
guide does not address the means for to accompany the final plan.
determining whether issuance of a AGENCY: Pacific Northwest Electric The final power and conservation
license would be inimical to the Power and Conservation Planning plan is available on the Council’s Web
common defense and security or to the Council (Northwest Power and site, at http://www.nwcouncil.org/
health and safety of the public. Conservation Council; the Council). energy/powerplan/7/home/.

VerDate Sep<11>2014 18:47 May 25, 2016 Jkt 238001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.SGM 26MYN1

Document Created: 2016-05-26 01:13:47
Document Modified: 2016-05-26 01:13:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Draft regulatory guide; request for comment.
Dates		Submit comments by July 25, 2016. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.
Contact		Shawn W. Harwell, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1309, email: [email protected]
FR Citation		81 FR 33556