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ASLB Addresses FOCD Issue for South Texas Reactors

The NRC Atomic Safety and Licensing Board (ASLB) decided that NRG Energy Inc.’s two proposed nuclear reactors in South Texas can move forward. The ASLB found that a foreign entity doesn’t control its joint venture’s decisions about nuclear safety.  Nuclear Innovation Norm American LLC, which is also partially owned by Toshiba America Nuclear Energy Corp., showed that its indirect parent (Japan-based Toshiba Corp.) doesn’t control or dominate its decisions related to nuclear safety, security or reliability, nor did it control the joint venture financially.  A Foreign Ownership, Control or Domination determination by the NRC had previously precluded the issuance of a combined construction and operating license for the proposed reactors because of the indirect 100-percent ownership and significant financial control by the applicant’s indirect parent, Toshiba Corp.