ML033560218

Submittal of Application for Order and Conforming Administrative Amendments for License Transfer

ML033560218
Person / Time
Site:	Ginna
Issue date:	12/16/2003
From:	Mecredy R, Wallace M Constellation Energy Group, Rochester Gas & Electric Corp
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML033560218 (3)

Text

Michael J. Wallace 750 E. Pratt Street President, Constellation Generation Group 18th Floor Baltimore, Maryland 21202-3106 410 783-2877 410 783-2873 Fax mjw~constellation.com Constellation Energy Group December 16, 2003 Docket No. 50-244 10 C.F.R. § 50.80 10 C.F.R. § 2.1315 U.S. Nuclear Regulatory Commission Attention Document Control Desk Washington, D.C. 20555 R.E. Ginna Nuclear Power Plant Application for Order and Conforming Administrative Amendments for License Transfer Pursuant to Section 184 of the Atomic Energy Act, as amended, and 10 C.F.R. § 50.80, Rochester Gas and Electric Corporation ("RG&E") and Constellation Generation Group, LLC ("CGG"), on behalf of its newly formed indirect subsidiary R.E. Ginna Nuclear Power Plant, LLC ("Ginna LLC"), hereby submit the enclosed application to the Nuclear Regulatory Commission ("NRC") for an order consenting to the transfer of Operating License No. DPR-18 ("Operating License") for the R.E. Ginna Nuclear Power Plant

("Ginna Station").

This application seeks NRC's consent to the transfer by RG&E of its operating authority under the license for the Ginna Station to Ginna LLC. This application also requests conforming administrative amendments to the license to delete references to RG&E and to authorize Ginna LLC as the new operator and owner to possess, use and operate the unit, and to possess and use related licensed materials under the same conditions and authorizations included in the current license. This application does not request any amendments to the Operating License other than those administrative amendments necessary to reflect Ginna LLC as the new operator and owner. Thus, pursuant to 10 C.F.R. § 2.1315, these amendments involve no significant hazards consideration because the application does no more than conform the license to reflect the transfer action.

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U.S. Nuclear Regulatory Commission Page 2 CGG is also submitting separately a Confidential Addendum to this application. The affidavit supporting non-disclosure, in accordance with 10 C.F.R. § 2.790, of the information contained in the Confidential Addendum is provided as an attachment to this transmittal letter. Upon separation of the Confidential Addendum, the information provided herewith (Application, cover letter and affidavit) may be released to the public.

Subject to the receipt of all required regulatory approvals, the parties wish to close this transaction at the earliest practicable date and have targeted a closing in late June 2004.

Further, the closing of the transaction is conditioned on NRC approval of the pending application to renew the Operating License for the Ginna Station for an additional 20 years beyond the current license expiration date of September 18, 2009. The conforming license amendments to reflect the proposed license transfer would therefore be to the renewed license following its issuance. Accordingly, RG&E, CGG and Ginna, LLC request that the NRC review this application on a schedule that will permit the issuance of the NRC order consenting to the transfer and the approval of the conforming license amendments as promptly as possible and in any event by June 1, 2004. Such consent should be immediately effective upon issuance and should permit the transfer and the implementation date of the conforming amendments to occur up to one year after issuance or such later date as the NRC may permit. The parties will keep the NRC informed if there are any significant changes in the status of other required regulatory approvals or other developments that affect the schedule.

If the NRC requires additional information concerning this application, please contact James M. Petro, Counsel to Constellation Energy Group at (410) 783-3303, or George Wrobel at RG&E at (585) 771-3535. Service upon the applicants of comments, hearing requests, intervention petitions or other pleadings should be made to James M. Petro, Counsel for Constellation Energy Group, 750 East Pratt Street, 5th Floor, Legal Department, Baltimore, MD 21201 (tel. (410) 783-3303; email:

James.Petro@constellation.com); James R. Curtiss, Counsel for Constellation Energy Group, at Winston & Strawn, 1400 L St., N.W., Washington, DC 20005 (tel. (202) 371-5751; fax: (202) 371-5950; e-mail: icurtiss@winston.com); and Samuel Behrends, IV, Counsel for Rochester Gas and Electric Corporation, at LeBoeuf, Lamb, Greene and MacRae, 1875 Connecticut Avenue, N.W., Washington, D.C. 20009 (tel. (202) 986-8018; fax: (202) 986-8102; e-mail: sbehrend@llgm.com), and Daniel F. Stenger, Counsel for Rochester Gas and Electric Corporation, at Ballard Spahr Andrews & Ingersoll, LLP, 601 13'h Street, N.W., Suite 1000 South, Washington, D.C. 20005-3807 (tel. (202) 661-7617; fax: (202) 626-9045; email: stengerd@ballardspahr.com). In addition to the current Ginna distribution list, please place Mr. Petro, Mr. Curtiss, Mr. Behrends and Mr. Stenger on the NRC correspondence distribution list for all correspondence related to this application.

Affirmations by RG&E and CGG are included at the end of the application.

U.S. Nuclear Regulatory Commission Page 3 We appreciate your attention to this matter.

Very truly yours, Michael. Wallace Dr. Robert C. MEcredi C r President and Chief Nuclear Officer Vice President, Nuclt 9ea Artons Constellation Generation Group, LLC Rochester Gas & Electric Corporation Encl. Application and Affidavit cc: H. J. Miller, NRC Region I Administrator R. L. Clark, NRC Project Manager, R. E. Ginna Nuclear Power Plant K. S. Kolaczyk, NRC Senior Resident Inspector, R. E. Ginna Nuclear Power Plant