[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Pages 9431-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02873]



[NRC-2011-0081; Docket No. 70-3098; Construction Authorization No. 

Shaw AREVA MOX Services, LLC (Mixed Oxide Fuel Fabrication 
Facility); Order Approving Indirect Transfer of Control of Construction 


    Shaw AREVA MOX Services, LLC (MOX Services) holds Construction

[[Page 9432]]

Authorization (CA) CAMOX-001 for construction of a Mixed Oxide (MOX) 
Fuel Fabrication Facility (MFFF) at the U.S. Department of Energy (DOE) 
Savannah River Site in Aiken, South Carolina.


    By letter dated August 30, 2012, as supplemented by letters dated 
October 1, 2012, December 20, 2012, and January 16, 2013, and a 
purchase transaction agreement dated July 30, 2012 (together, the 
Transfer Application), MOX Services requested that the U.S. Nuclear 
Regulatory Commission (NRC) consent to the proposed indirect transfer 
of Construction Authorization (``CA'') CAMOX-001 that would be effected 
by the indirect transfer of control of Shaw Environmental & 
Infrastructure, Inc.'s (``Shaw E&I'') 30% interest, and Shaw Project 
Services Group, LLC's (``SPSG'') 40% interest in MOX Services. The 
transfer will occur as a result of the purchase of Shaw E&I and SPSG's 
ultimate parent company, The Shaw Group Inc. (``Shaw''), by Chicago 
Bridge and Iron Company NV (``CB&I''), pursuant to a purchase 
transaction agreement. MOX Services would continue to hold the CA. Upon 
completion of the transaction, Shaw will become a wholly owned 
subsidiary of CB&I. Shaw holds a 70% ownership interest in MOX Services 
through its subsidiaries, Shaw E&I and SPSG. In addition, DOE is 
requiring that a proxy agreement be established pursuant to the 
policies duly authorized under the National Industrial Security 
Program. The proxy agreement will give control of CB&I's interest in 
MOX Services to SPSG, as a proxy for CB&I, Shaw, and Shaw E&I, in order 
to insulate SPSG and MOX Services from any potential Foreign Ownership, 
Control or Influence (FOCI) in order to maintain the Facility Security 
Clearance held by MOX Services. No physical changes to the MFFF are 
being proposed.
    Approval of the indirect transfer of the CA was requested pursuant 
to Section 184 of the Atomic Energy Act of 1954, as amended (AEA) (42 
U.S.C. 2234) and Section 70.36 of Title 10 of the Code of Federal 
Regulations (10 CFR). A notice of the request for approval and 
opportunity for a hearing or to submit written comments was published 
in the Federal Register on October 25, 2012 (77 FR 65208). No comments 
or requests for a hearing were received in response to this notice. The 
Federal Register notice was corrected on (January 30, 2013; 78 FR 6356) 
to fix a typographical error.
    Pursuant to Section 184 of the AEA, no license granted under the 
AEA, and pursuant to 10 CFR 70.36, no license granted under 10 CFR part 
70, 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 Commission, after securing full information, 
finds that the transfer is in accordance with the provisions of the 
AEA, and gives its consent in writing. The CA does not authorize MOX 
Services to use Special Nuclear Material at the MFFF; it only 
authorizes MOX Services to construct the MFFF. The CA is analogous to a 
construction permit, and it has served as the mechanism under which the 
NRC staff has overseen the MFFF construction activities. The 
Commission's regulations at 10 CFR 2.4, define ``license'' as including 
a construction permit. Therefore, the CA is analogous to a license and 
the requirements of Section 184 of the AEA and 10 CFR 70.36 are 
applicable to this action.
    Upon review of the information received from MOX Services, and 
other information before the Commission, and relying upon the 
representations and agreements contained in the Transfer Application, 
the NRC staff finds that (1) it has secured full information regarding 
the proposed indirect transfer of control of CAMOX-001, and (2) the 
proposed indirect transfer, to the extent that CB&I will acquire a 70% 
ownership interest in MOX Services pursuant to its planned acquisition 
of Shaw, as described in the Transfer Application, and to the extent 
that CB&I, Shaw, Shaw E&I, SPSG, and MOX Services are in compliance 
with DOE FOCI requirements for maintenance of the MFFF DOE Facility 
Security Clearance, is in accordance with the provisions of the AEA of 
1954, as amended.
    The findings set forth above are supported by a Safety Evaluation 
(SE) dated January 30, 2013.


    Accordingly, pursuant to Section 184 of the AEA Act of 1954, as 
amended and Section 70.36 of 10 CFR, it is hereby ordered that the 
indirect transfer of control of CAMOX-001, as described herein, is 
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed indirect transfer, MOX Services shall inform 
the Director of the Office of Nuclear Material Safety and Safeguards, 
in writing, of such receipt no later than one (1) business day prior to 
the closing of the proposed indirect transfer. Should the proposed 
indirect transfer not be completed within 60 days from the date of 
issuance of this Order, the Order shall become null and void; however, 
on written application and for good cause shown, such date may be 
extended by order.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the letter 
dated August 30, 2012, as amended, (which can be found at Agencywide 
Documents Access and Management System [ADAMS] Accession Number 
ML12243A498). Publicly-available records will be accessible 
electronically from the ADAMS Public Electronic Reading Room on the 
Internet at the NRC Web site 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 PDR 
Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by 
email to [email protected].

    Dated at Rockville, Maryland this 31st day of January 2013.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-02873 Filed 2-7-13; 8:45 am]