[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Pages 31986-31987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12587]



[Docket Nos. 11005621, 11005896, 11005620, 11005897, 11006061, 
11005840, 11005941; License Nos. IW017, IW029, XW010, XW018, XW020, 
XCOM1211, XSOU8825]

In the Matter of Energy Solutions Inc.; Order Approving Indirect 
Transfer of Import and Export Licenses


    EnergySolutions Services, Inc. (ES Services), Duratek Services, 
Inc. (Duratek), and Manufacturing Sciences Corp. (MSC) hold import and 
export licenses and are subsidiaries of EnergySolutions, Inc. (ES, 


    By letters dated January 18, 2013 and January 21, 2013, ES, Inc., 
on behalf of its subsidiaries ES Services, Duratek, and MSC, notified 
the U.S. Nuclear Regulatory Commission (NRC) of the proposed indirect 
transfer of control of import licenses IW017 (Duratek) and IW029 (ES 
Services), and export licenses XW010 (Duratek), XW018 (ES Services), 
XW020 (ES Services), XCOM1211 (MSC), and XSOU8825 (MSC), and, by letter 
dated April 17, 2013, submitted an application requesting that the NRC 
consent to the proposed indirect transfer of control of these import 
and export licenses.
    The indirect transfer will occur as a result of a proposed 
transaction whereby ES, Inc., the current ultimate parent holding 
company of ES Services, Duratek, and MSC, would be directly acquired by 
Rockwell Holdco, Inc. (Rockwell), a Delaware corporation that was 
formed for the purpose of acquiring ES, Inc. and is held by certain 
investment fund entities organized by controlled affiliates of Energy 
Capital Partners II, LLC (ECP II). ES, Inc. represents that the 
indirect transfer will not result any change in the current technical 
and financial qualifications, or operations, of the NRC licensees for 
IW017, IW029, XW010, XW018, XW020, XCOM1211, and XSOU8825.
    Approval of the indirect transfer of the licenses was requested 
pursuant to Section 184 of the Atomic Energy Act of 1954, as amended 
(AEA) (42 U.S.C. 2234). The letters from ES, Inc. dated January 18, 
2013, January 21, 2013, and April 17, 2013, were made publicly 
available in ADAMS at ML13101A277, ML13101A287, and ML13122A113, 
respectively. No requests for hearing or comments were received.
    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 Commission, after securing full information, 
finds that the transfer is in accordance with the provisions of the 
AEA, and gives its consent in writing.
    Upon review of the information received from ES, Inc., and other 
information before the Commission, and relying upon the representations 
and agreements contained in the Transfer Application, the NRC staff 
finds that: (1) The qualifications of ES Services, Duratek, and MSC 
regarding the proposed indirect transfer of control of IW017, IW029, 
XW010, XW018, XW020, XCOM1211, and XSOU8825 are not changed, and (2) 
the proposed indirect

[[Page 31987]]

transfer of the licenses due to the purchase of the current ultimate 
parent holding company of ES Services, Duratek, and MSC--ES, Inc.--
which would be directly acquired by Rockwell Holdco, Inc., is otherwise 
consistent with applicable provisions of laws, regulations and orders 
issued by the Commission pursuant thereto.
    The findings set forth above are supported by a Safety Evaluation 
dated May xx, 2013.


    Accordingly, pursuant to Section 184 of the AEA Act of 1954, as 
amended, it is hereby ordered that the indirect transfer of licenses of 
ES Services, Duratek, and MSC, as described herein, is approved.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed indirect transfer, ES, Inc. shall inform the 
Director of the Office of International Programs, 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 application 
dated April 17, 2013, (which can be found at Agencywide Documents 
Access and Management System [ADAMS] Accession Number ML13122A113). 
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 8th day of May 2013.

    For the Nuclear Regulatory Commission.
Mark R. Shaffer,
Deputy Director, Office of International Programs.
[FR Doc. 2013-12587 Filed 5-24-13; 8:45 am]