ML18073A225

NRC Response - Threshold Determination

ML18073A225
Person / Time
Site:	Westinghouse, 07000036, 11004036, 11004358, 11004552, 11004670, 11004990, 11005030, 11005031, 11005042, 11005057, 11005224, 11005357, 11005472, 11005536, 11005639, 11005678, 11005908, 11005968, 11006001, 11006014, 11006040, 11006060, 11006085, 11006216, 11006217
Issue date:	03/22/2018
From:	Craig Erlanger Division of Fuel Cycle Safety, Safeguards, and Environmental Review
To:	Sweeney M Westinghouse
Diaz-Maldonado M
Shared Package
ML18073A223	List: ML18073A224 ML18073A225
References
Download: ML18073A225 (2)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 22, 2018

Mr. Michael T. Sweeney Senior Vice President & General Counsel Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, PA 16066

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION REVIEW AND DECISION ON THRESHOLD DETERMINATION REQUEST

Dear Mr. Sweeney:

I am responding to your letter, dated February 5, 2018, in which Westinghouse Electric Company, LLC (Westinghouse) requested the U.

S. Nuclear Regulatory Commission's (NRC) determination that the sale of all the equity interests of Toshiba Nuclear Energy Holdings (US)

Inc. (TNEH US), an intermediate parent com pany of Westinghouse, from Toshiba Corporation to Brookfield WEC Holdings LLC (Brookfield) (referred to as the Interim Transaction), subject to the restrictions in Section 6.2(c) of the Share Purchase Agreement, does not constitute a transfer of control of the Westinghouse licenses for which prior written NRC consent would be required under Section 184 of the Atomic Energy Act (AEA) and NRC regulations.

We have completed our review of your request. Based upon the evaluation conducted, enclosed herein, the NRC staff has determined that the subject interim transaction, as described by Westinghouse and subject to the statements made in the February 28, 2018, letter submitted by Brookfield, does not involve a transfer, direct or indirect, of the operating licenses for Westinghouse's Columbia Fuel Fabrication Facility (SNM-1107), Hematite Nuclear Fuel Manufacturing Facility (SNM-33) and the 29 export licenses 1, pursuant to Section 184 of the AEA, and Title 10 of the Code of Federal Regulations (10 CFR) 70.36, and 10 CFR 110.50(d). As a result, no NRC consent is required for the Interim Transaction.

In accordance with 10 CFR 2.390(d) of the NRC "Agency Rules of Practice and Procedure," a copy of this letter will be available electronic ally for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRC's Agencywide Documents Access Management System (ADAMS).

1 XCOM1014, XCOM1047, XCOM1072, XCOM1082, XCOM1093, XCOM1094, XCOM1102, XCOM1111, XCOM1113, XCOM1116, XCOM1170, XCOM1188, XCOM1219, XCOM1246, XCOM1249, XCOM1252, XCOM1255, XCOM1262, XCOM1298, , XSNM3006, XSNM3034, XSNM3163, XSNM3264, XSNM3461, XSNM3702, XSNM3769, XR169, XR176, and XR178.

M. Sweeney 2

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

\RA\

Craig G. Erlanger, Director

Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards

Docket Nos.: 70-1151, 70-0036, 11004036, 11004358, 11004552, 11004670, 11004736, 11004752, 11004918, 11005042, 11005057, 11005536, 11005678, 11005908, 11006001, 11006014, 11006040, 11006060, 11006085, 11006217, 11004990, 11005031, 11005224, 11005357, 1006191, 11005472, 11006011, 11006216, 11005639, 11005030,

11005968 License Nos.: SNM-1107, SNM-33, XCOM1014, XCOM1047, XCOM1072, XCOM1082, XCOM1093, XCOM1094, XCOM1102, XCOM1111, XCOM1113, XCOM1116, XCOM1170, XCOM1188, XCOM1219, XCOM1246, XCOM1249, XCOM1252, XCOM1255, XCOM1262, XCOM1298, XSNM3006, XSNM3034, XSNM3163, XSNM3264, XSNM3461, XSNM3702, XSNM3769, XR169, XR176, and XR178

Enclosure:

Evaluation of and Threshold Determination on the Share Purchase Agreement

ML18073A223