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Huffy2k

Amendment Management - Transfer In Bond

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With news of the temporary ending of the shutdown, I thought I'd get to work on applying for some Transfer In Bond permits we need for a collaboration project we are working on.  When I tried to do this via PONL, I was told that I already had an amendment submitted and that the existing amendment must be processed before I can submit another one.  The amendment pending has to do with some LLC members being modified a bit.  Is there any way to delete an already submitted amendment or am I going to have to wait until the first submission is processed before I can apply for my TIB's?

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The way I see it, you have at least two options depending on when you submitted the original amendment.

If you submitted that amendment a while back, wait and then apply for the TIB (along with any other changes you may need to make that are priority).

If you don't want to wait and then apply for the TIB, do this: call the NRC, provide the amendment ID from PONL, the NRC rep will give you the name and contact info for whoever the amendment has been assigned to, e-mail that specialist with the ID number in the body of the e-mail and ask that it be withdrawn. The specialist then should (in pretty short order because it helps their clearance rate) withdraw your application for amendment on your behalf.

That's worked for me in the past.

Good luck and, if you don't mind, please update this thread with how long the amendment took to get processed.

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On 1/25/2019 at 12:22 PM, Huffy2k said:

The amendment pending has to do with some LLC members being modified a bit.  Is there any way to delete an already submitted amendment or am I going to have to wait until the first submission is processed before I can apply for my TIB's?

I understand that transfers in bond can be important, but ... I recommend that you not terminate any application that you have pending that involves reportable changes in principals.  UisceChuck's advise on how to withdraw is sound.  I just question whether you want to use it. Here's why:

If you had need to report the changes, then you should not withdraw the application.  That has consequences.  Some changes in LLC members result in what TTB dubs a change in ownership and control.  That requires  a new permit. Here is the pertinent regulation, in full text, which I will parse, bullet style, for clarity:

§1.44   Automatic termination of permits.

  • No basic permit shall be leased, sold, or otherwise voluntarily transferred,  and
  • In the event of such lease, sale, or other voluntary transfer, such basic permit shall automatically terminate thereupon.
  • If any basic permit is transferred by operation of law or
  • If actual or legal control of the permittee is acquired, directly or indirectly whether by stock ownership or in any other manner, by any person,
  • Then such permit shall be automatically terminated at the expiration of 30 days thereafter:
  • Provided, That if within such 30-day period application for a new basic permit is made by the transferee or permittee, respectively,
  • Then the outstanding basic permit shall continue in effect until such time as the application is finally acted upon.

That does not mean that TTB will act on the automatic termination provision.  My experience is that they often ignore it when a change is reported after the 30 day window has lapsed. 

I've not personally had a problem with it, when helping clients, so I don't want to be alarmist, but I do see mention of offers-in-comprise, etc, for operating without a permit, which is what happens when you continue to operate after the permit is terminated by operation of law. 

Someone once told me that we should make a distinction between complicated and complex.  Complicated can be taken to mean "hard to understand, but if you understand it you can predict what will happen."   Complex can be taken to go beyond that, to involve things like chaos or, say, ,as is consistent in the case of dealings with TTB, what a human will do in reaction to the situation presented.  Therefore, I can not predict the consequences of missing the 30-day window.  Generally, there are none.  Potentially, there are.

So, my advice to clients is to report changes within the window,.  When they have not, i recommend that they submit the application, truthfully state the date of the change, and see what happens.  Important  - Report changes before TTB finds them on its own.  That is when it seems most likely to apply the automatic termination provision.  

I have to attach here, a statement that I am not an attorney and this should not be construed as legal advice.  You should contact your attorney with any concerns you may have.

 

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