82_FR_58692 82 FR 58455 - In the Matter of MP Mine Operations LLC; Order Approving Direct Transfers of Control of Licenses

82 FR 58455 - In the Matter of MP Mine Operations LLC; Order Approving Direct Transfers of Control of Licenses

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 237 (December 12, 2017)

Page Range58455-58456
FR Document2017-26748

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order approving a request, submitted by Molycorp Minerals LLC (Molycorp), seeking the NRC's consent to the direct transfers of control of Export Licenses XSOU8707 and XSOU8827. In addition, Molycorp requested approval of conforming license amendments to reflect the new name of the holder of the license from Molycorp Minerals LLC, to MP Mine Operations (MPMO).

Federal Register, Volume 82 Issue 237 (Tuesday, December 12, 2017) 
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Notices]
[Pages 58455-58456]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26748]


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NUCLEAR REGULATORY COMMISSION

[License Nos. XSOU8707 and XSOU8827; Docket Nos. 11004455 and 11005966; 
Docket ID; NRC-2017-0230]


In the Matter of MP Mine Operations LLC; Order Approving Direct 
Transfers of Control of Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order approving a request, submitted by Molycorp Minerals LLC 
(Molycorp), seeking the NRC's consent to the direct transfers of 
control of Export Licenses XSOU8707 and XSOU8827. In addition, Molycorp 
requested approval of conforming license amendments to reflect the new 
name of the holder of the license from Molycorp Minerals LLC, to MP 
Mine Operations (MPMO).

DATES: The Order was issued on November 27, 2017.

ADDRESSES: Please refer to Docket IDs 11004455 and 11005966 when 
contacting the NRC about the availability of information for this 
action. You may obtain publicly-available information related to this 
document using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0230. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about the Order, 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     NRC's Agencywide Documents Access and Management System: 
You may obtain publicly-available documents online in the Agencywide 
Documents Access and Management System (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 in this document.
     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: Andrea R. Jones, Office of 
International Programs, telephone: 301-287-9072, email: 
[email protected]; Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 7th day of December 2017.

    For the Nuclear Regulatory Commission.
David L. Skeen,
Deputy Director, Office of International Programs.

I.

    Molycorp, the original Licensee, previously held export licenses 
nos. XSOU8707 and XSOU8827. The Licensee address included on these 
export licenses was the Mountain Pass rare earth mine and processing 
facility. After Molycorp filed for bankruptcy, MP Mine Operations LLC 
(MPMO) purchased the Mountain Pass rare earth mine and processing 
facility from Molycorp pursuant to an asset purchase agreement dated 
June 19, 2017, (Agencywide Documents Access and Management System 
[ADAMS] Accession No. ML17297B230). Although the ``purchased assets'' 
covered by this agreement included ``all Permits . . . to the extent 
transferable,'' the export licenses held by Molycorp were not 
transferred to MPMO at that time (see sections 2.1(b)(viii) and 2.7(a) 
of the asset purchase agreement). MPMO, a Delaware limited liability 
company, is controlled by two U.S. investment funds, JHL Capital Group 
Holdings Fund Two and QVT Financial LP, which combined have a 90.01 
percent economic stake and own 100 percent of the voting common units 
for MPMO. Shenghe Resources Holding Co., Ltd., through its subsidiary 
Leshan Shenghe Rare Earth Co., Ltd., owns a 9.99 percent non-voting 
preferred stake for MPMO, and has no voting rights in MPMO. Both 
Shenghe Resources Holding Co., Ltd. and Leshan Shenghe Rare Earth Co., 
Ltd. are foreign companies.

II.

    By letter dated August 14, 2017 (ADAMS Accession Nos. ML17236A034 
and ML17236A039), as supplemented by letter dated October 5, 2017, 
(ADAMS Accession No. ML17297A131) and revised applications dated 
October 19, 2017, (ADAMS Accession Nos. ML17296A544 and ML17296A693), 
MPMO requested approval from the U.S. Nuclear Regulatory Commission 
(NRC) to transfer control of export licenses nos. XSOU8707 and XSOU8827 
from Molycorp to MPMO. This request was made pursuant to Section 184 of 
the Atomic Energy Act of 1954, as amended (AEA) (42 U.S.C. 2234) and 
Title 10 of the Code of Federal Regulations (10 CFR) 110.50(d). In 
association with the proposed direct transfer, MPMO has requested that 
both licenses be amended to change the Licensee from Molycorp to MPMO, 
and that the expiration date for XSOU8827 be extended by one month (to 
December 31, 2021). In addition, as part of the amendment applications, 
MPMO provided updated contact information for the Licensee contact 
(John Benfield, who is currently listed as the Licensee contact on both 
licenses and is now working for MPMO).
    The revised applications dated October 19, 2017, were made publicly 
available in ADAMS on October 23, 2017. No requests for hearing or 
comments were received.

[[Page 58456]]

    Pursuant to Section 184 of the AEA, no license granted under 10 CFR 
part 110 shall be transferred, assigned, or in any manner disposed of, 
directly or indirectly, through transfer of control of any license to 
any person unless the NRC, after securing full information, finds that 
the transfer is in accordance with the provisions of the AEA, and gives 
its consent in writing. Pursuant to 10 CFR 110.50(d), a specific 
license granted under 10 CFR part 110 may be transferred, disposed of, 
or assigned to another person only with the approval of the NRC by 
license amendment.
    After review of the information in the revised applications dated 
October 19, 2017, and relying on statements and representations 
contained in the supplemental information dated October 5, 2017, the 
NRC staff has determined that the proposed transferee is qualified to 
hold the licenses and that the direct transfers of control are 
consistent with the applicable provisions of the AEA, regulations, and 
orders issued by the Commission. MPMO stated that (1) there will be no 
change in personnel, duties, or location; (2) all manufacturing data 
and information, operating instructions, documentation, operating 
records, files, and data were included in the asset purchase agreement 
and have been maintained; and (3) MPMO will abide by all constraints, 
conditions, and requirements of the licensed program, including the 
regulations in 10 CFR 110.53. The NRC staff has further determined that 
the request for the proposed conforming license amendments complies 
with the standards and requirements of the AEA, and the NRC regulations 
in 10 CFR part 110. The transfers of control of the licenses and 
issuance of the conforming license amendments will not be inimical to 
the common defense and security, or to the health and safety of the 
public, and all applicable requirements have been satisfied.

III.

    Accordingly, pursuant to Section 184 of the AEA and 10 CFR 
110.50(d), IT IS HEREBY ORDERED that the direct transfer of the 
licenses from Molycorp to MPMO, as described herein, is approved.
    It is further ordered that the conforming license amendments 
associated with the direct transfer shall be issued.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the revised 
applications dated October 19, 2017, and associated supplemental 
materials dated October 5, 2017. These documents are available for 
public inspection at the Commission Public Document Room (PDR), located 
at One White Flint North, Room O1-F21, 1155 Rockville Pike (first 
floor), Rockville, MD 20852, and available online in the ADAMS Public 
Documents collection at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS should contact the NRC Public 
Document Room (PDR) Reference staff by telephone at 1-800-397-4209, or 
301-415-4737 or by email to

    Dated at Rockville, Maryland, this 27th day of November 2017.

    For the Nuclear Regulatory Commission.
Nader L. Mamish,
Director, Office of International Programs.
[FR Doc. 2017-26748 Filed 12-11-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Notices 58455 collection techniques or other forms of DATES: The Order was issued on Mine Operations LLC (MPMO) information technology. November 27, 2017. purchased the Mountain Pass rare earth Title of Collection: Hispanic-Serving ADDRESSES: Please refer to Docket IDs mine and processing facility from Institutions (HSI) Certification Form. 11004455 and 11005966 when Molycorp pursuant to an asset purchase OMB Approval Number: 3145–NEW. contacting the NRC about the agreement dated June 19, 2017, Expiration Date of Current Approval: availability of information for this (Agencywide Documents Access and Not applicable. action. You may obtain publicly- Management System [ADAMS] Type of Request: Intent to establish an available information related to this Accession No. ML17297B230). information collection. document using any of the following Although the ‘‘purchased assets’’ Abstract: To enhance the quality of methods: covered by this agreement included ‘‘all undergraduate STEM education at • Federal Rulemaking website: Go to Permits . . . to the extent transferable,’’ Hispanic-serving institutions (HSIs), the http://www.regulations.gov and search the export licenses held by Molycorp National Science Foundation (NSF) for Docket ID NRC–2017–0230. Address were not transferred to MPMO at that established the Improving questions about NRC dockets to Carol time (see sections 2.1(b)(viii) and 2.7(a) Undergraduate STEM Education: Gallagher; telephone: 301–415–3463; of the asset purchase agreement). Hispanic-Serving Institutions (HSI email: Carol.Gallagher@nrc.gov. For MPMO, a Delaware limited liability Program), in response to the questions about the Order, contact the company, is controlled by two U.S. Consolidated Appropriations Act, 2017 individual listed in the FOR FURTHER investment funds, JHL Capital Group (Pub. L. 115–31) and the American INFORMATION CONTACT section of this Holdings Fund Two and QVT Financial Innovation and Competitiveness Act document. LP, which combined have a 90.01 (Pub. L. 114–329). The lead institution • NRC’s Agencywide Documents percent economic stake and own 100 submitting a proposal to the HSI Access and Management System: You percent of the voting common units for Program must be an HSI as defined by may obtain publicly-available MPMO. Shenghe Resources Holding law in section 502 of the Higher documents online in the Agencywide Co., Ltd., through its subsidiary Leshan Education Act of 1965 (20 U.S.C. 1101a) Documents Access and Management Shenghe Rare Earth Co., Ltd., owns a (http://legcounsel.house.gov/Comps/ System (ADAMS) Public Documents 9.99 percent non-voting preferred stake HEA65_CMD.pdf). Hence there is a need collection at http://www.nrc.gov/ for MPMO, and has no voting rights in for institutions to self-certify via an HSI reading-rm/adams.html. To begin the MPMO. Both Shenghe Resources Certification Form. search, select ‘‘ADAMS Public Holding Co., Ltd. and Leshan Shenghe Expected Respondents: Hispanic- Documents’’ and then select ‘‘Begin Rare Earth Co., Ltd. are foreign Serving Institutions. Web-based ADAMS Search.’’ For companies. Estimate of Burden: We anticipate 175 problems with ADAMS, please contact II. proposals for 2 minutes which is the NRC’s Public Document Room (PDR) approximately 6 hours. reference staff at 1–800–397–4209, 301– By letter dated August 14, 2017 415–4737, or by email to pdr.resource@ (ADAMS Accession Nos. ML17236A034 Dated: December 7, 2017. and ML17236A039), as supplemented Suzanne H. Plimpton, nrc.gov. The ADAMS accession number by letter dated October 5, 2017, for each document referenced (if it Reports Clearance Officer, National Science (ADAMS Accession No. ML17297A131) Foundation. available in ADAMS) is provided the and revised applications dated October first time that a document is referenced [FR Doc. 2017–26716 Filed 12–11–17; 8:45 am] 19, 2017, (ADAMS Accession Nos. in this document. BILLING CODE 7555–01–P • NRC’s PDR: You may examine and ML17296A544 and ML17296A693), purchase copies of public documents at MPMO requested approval from the the NRC’s PDR, Room O1–F21, One U.S. Nuclear Regulatory Commission NUCLEAR REGULATORY (NRC) to transfer control of export White Flint North, 11555 Rockville COMMISSION licenses nos. XSOU8707 and XSOU8827 Pike, Rockville, Maryland 20852. from Molycorp to MPMO. This request [License Nos. XSOU8707 and XSOU8827; FOR FURTHER INFORMATION CONTACT: was made pursuant to Section 184 of the Docket Nos. 11004455 and 11005966; Andrea R. Jones, Office of International Atomic Energy Act of 1954, as amended Docket ID; NRC–2017–0230] Programs, telephone: 301–287–9072, (AEA) (42 U.S.C. 2234) and Title 10 of email: Andrea.Jones2@nrc.gov; Nuclear the Code of Federal Regulations (10 In the Matter of MP Mine Operations Regulatory Commission, Washington, LLC; Order Approving Direct Transfers CFR) 110.50(d). In association with the DC 20555–0001. proposed direct transfer, MPMO has of Control of Licenses SUPPLEMENTARY INFORMATION: The text of requested that both licenses be amended AGENCY: Nuclear Regulatory the Order is attached. to change the Licensee from Molycorp Commission. Dated at Rockville, Maryland, this 7th day to MPMO, and that the expiration date ACTION: Order; issuance. of December 2017. for XSOU8827 be extended by one For the Nuclear Regulatory Commission. month (to December 31, 2021). In SUMMARY: The U.S. Nuclear Regulatory David L. Skeen, addition, as part of the amendment Commission (NRC) is issuing an Order Deputy Director, Office of International applications, MPMO provided updated approving a request, submitted by Programs. contact information for the Licensee Molycorp Minerals LLC (Molycorp), contact (John Benfield, who is currently seeking the NRC’s consent to the direct I. listed as the Licensee contact on both ethrower on DSK3G9T082PROD with NOTICES transfers of control of Export Licenses Molycorp, the original Licensee, licenses and is now working for XSOU8707 and XSOU8827. In addition, previously held export licenses nos. MPMO). Molycorp requested approval of XSOU8707 and XSOU8827. The The revised applications dated conforming license amendments to Licensee address included on these October 19, 2017, were made publicly reflect the new name of the holder of the export licenses was the Mountain Pass available in ADAMS on October 23, license from Molycorp Minerals LLC, to rare earth mine and processing facility. 2017. No requests for hearing or MP Mine Operations (MPMO). After Molycorp filed for bankruptcy, MP comments were received. VerDate Sep<11>2014 20:03 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1

58456 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Notices Pursuant to Section 184 of the AEA, public inspection at the Commission subject form should include form no license granted under 10 CFR part Public Document Room (PDR), located number OPIC–256 on both the envelope 110 shall be transferred, assigned, or in at One White Flint North, Room O1– and in the subject line of the letter. any manner disposed of, directly or F21, 1155 Rockville Pike (first floor), Electronic comments and requests for indirectly, through transfer of control of Rockville, MD 20852, and available copies of the subject form may be sent any license to any person unless the online in the ADAMS Public Documents to James.Bobbitt@opic.gov, subject line NRC, after securing full information, collection at http://www.nrc.gov/ OPIC–256. finds that the transfer is in accordance reading-rm/adams.html. Persons who with the provisions of the AEA, and do not have access to ADAMS or who Summary Form Under Review gives its consent in writing. Pursuant to encounter problems in accessing the Type of Request: Extension without 10 CFR 110.50(d), a specific license documents located in ADAMS should change of a currently approved granted under 10 CFR part 110 may be contact the NRC Public Document Room information collection. transferred, disposed of, or assigned to (PDR) Reference staff by telephone at Title: Investment Funds Department another person only with the approval 1–800–397–4209, or 301–415–4737 or Questionnaire. of the NRC by license amendment. by email to Form Number: OPIC–256. After review of the information in the Dated at Rockville, Maryland, this 27th day Frequency of Use: One per investor revised applications dated October 19, of November 2017. per project per year. 2017, and relying on statements and For the Nuclear Regulatory Commission. Type of Respondents: Business or representations contained in the Nader L. Mamish, other institution (except farms); supplemental information dated individuals. Director, Office of International Programs. October 5, 2017, the NRC staff has Standard Industrial Classification [FR Doc. 2017–26748 Filed 12–11–17; 8:45 am] determined that the proposed transferee Codes: All. is qualified to hold the licenses and that BILLING CODE 7590–01–P Description of Affected Public: U.S. the direct transfers of control are companies or citizens investing consistent with the applicable overseas. provisions of the AEA, regulations, and OVERSEAS PRIVATE INVESTMENT Reporting Hours: 150 hours (approx. 1 orders issued by the Commission. CORPORATION hour per response). MPMO stated that (1) there will be no Number of Responses: 150 per year. change in personnel, duties, or location; Submission for OMB Review; Comments Request Federal Cost: $4,026 (0.5 hour per (2) all manufacturing data and form * 150 forms per year * $53.68 (GS– information, operating instructions, AGENCY: Overseas Private Investment 14/1 DCB)). documentation, operating records, files, Corporation (OPIC). Authority for Information Collection: and data were included in the asset ACTION: Notice and request for Sections 231, 234(b), and 239(d) of the purchase agreement and have been comments. Foreign Assistance Act of 1961, as maintained; and (3) MPMO will abide amended. by all constraints, conditions, and SUMMARY: Under the provisions of the Abstract (Needs and Uses): The requirements of the licensed program, Paperwork Reduction Act, agencies are questionnaire is the principal document including the regulations in 10 CFR required to publish a Notice in the used by OPIC to determine the 110.53. The NRC staff has further Federal Register notifying the public investor’s and the project’s eligibility for determined that the request for the that the agency is renewing an existing OPIC funding, and to collect proposed conforming license information collection for OMB review information for financial underwriting amendments complies with the and approval and requests public analysis. standards and requirements of the AEA, review and comment on the submission. Comments are being solicited on the Dated: December 6, 2017. and the NRC regulations in 10 CFR part 110. The transfers of control of the need for the information; the accuracy Nichole Skoyles, licenses and issuance of the conforming of OPIC’s burden estimate; the quality, Administrative Counsel, Department of Legal license amendments will not be practical utility, and clarity of the Affairs. inimical to the common defense and information to be collected; and ways to [FR Doc. 2017–26701 Filed 12–11–17; 8:45 am] security, or to the health and safety of minimize reporting the burden, BILLING CODE 3210–01–P the public, and all applicable including automated collected requirements have been satisfied. techniques and uses of other forms of technology. OVERSEAS PRIVATE INVESTMENT III. CORPORATION DATES: Comments must be received Accordingly, pursuant to Section 184 within sixty (60) calendar days of [OMB 3420–00015; OPIC–115] of the AEA and 10 CFR 110.50(d), IT IS publication of this Notice. HEREBY ORDERED that the direct Submission for OMB Review; ADDRESSES: Mail all comments and transfer of the licenses from Molycorp to Comments Request requests for copies of the subject form MPMO, as described herein, is to OPIC’s Agency Submitting Officer: AGENCY: Overseas Private Investment approved. It is further ordered that the James Bobbitt, Overseas Private Corporation (OPIC). conforming license amendments Investment Corporation, 1100 New York ACTION: Notice and request for associated with the direct transfer shall Avenue NW, Washington, DC 20527. comments. ethrower on DSK3G9T082PROD with NOTICES be issued. See SUPPLEMENTARY INFORMATION for This Order is effective upon issuance. other information about filing. SUMMARY: Under the provisions of the For further details with respect to this FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act, agencies are Order, see the revised applications OPIC Agency Submitting Officer: James required to publish a Notice in the dated October 19, 2017, and associated Bobbitt, (202)336–8558. Federal Register notifying the public supplemental materials dated October 5, SUPPLEMENTARY INFORMATION: All mailed that the agency is modifying an existing 2017. These documents are available for comments and requests for copies of the information collection for OMB review VerDate Sep<11>2014 20:03 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1


Document Created: 2018-10-25 10:49:22
Document Modified: 2018-10-25 10:49:22
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
ActionOrder; issuance.
DatesThe Order was issued on November 27, 2017.
ContactAndrea R. Jones, Office of International Programs, telephone: 301-287-9072, email: [email protected]; Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation82 FR 58455 
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