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Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing - R.E. Ginna Nuclear Power Plant, LLC, Calver Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Nine Mile Point Nuclear Station
	ML060300160
Person / Time
Site:	Calvert Cliffs, Nine Mile Point, Ginna
Issue date:	02/13/2006
From:	Milano P; NRC/NRR/ADRO/DORL/LPLA
To:	Heffley J; Constellation Generation Group
	Milano P, NRR/DLPM , 415-1457
References
	TAC MC9620, TAC MC9621, TAC MC9622, TAC MC9623, TAC MC9624
	Download: ML060300160 (15)
	v • d • e

February 13, 2006 Mr. John M. Heffley Chief Nuclear Officer Constellation Generation Group 1997 Annapolis Exchange Parkway Suite 310 Annaplois, MD 21401

SUBJECT:

NOTICES OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER AND OPPORTUNITY FOR A HEARING -

R.E. GINNA NUCLEAR POWER PLANT, CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2, AND CALVERT CLIFFS INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NOS. MC9620, MC9621, MC9622, MC9623, AND MC9624)

Dear Mr. Heffley:

Enclosed are copies of three notices each titled: "Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing, related to the application dated January 23, 2006, filed by Constellation Generation Group, LLC, on behalf of R.E. Ginna Nuclear Power Plant, LLC, Calvert Cliffs Nuclear Power Plant, Inc., and Nine Mile Point Nuclear Station, LLC, for the R.E. Ginna Nuclear Power Plant, Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, and Calvert Cliffs Independent Spent Fuel Storage Installation. The application, pursuant to 10 CFR 50.80 and 72.50, seeks approval of the proposed indirect transfer of the licenses to the extent effected by the proposed merger of Constellation Energy Group, Inc., and FPL Group, Inc.,

should the Nuclear Regulatory Commission (NRC) make a threshold determination that approval is required. The NRC has concluded that consent in this case, under the particular facts and circumstances, is necessary.

These notices are being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Patrick D. Milano, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-244, 50-317, 50-318, 50-220, 50-410, and 72-8

Enclosures:

Notices cc w/encls: See next page

February 13, 2006 Mr. John M. Heffley Chief Nuclear Officer Constellation Generation Group 1997 Annapolis Exchange Parkway Suite 310 Annaplois, MD 21401

SUBJECT:

NOTICES OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER AND OPPORTUNITY FOR A HEARING -

R.E. GINNA NUCLEAR POWER PLANT, CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2, AND CALVERT CLIFFS INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NOS. MC9620, MC9621, MC9622, MC9623, AND MC9624)

Dear Mr. Heffley:

Enclosed are copies of three notices each titled: "Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing, related to the application dated January 23, 2006, filed by Constellation Generation Group, LLC, on behalf of R.E. Ginna Nuclear Power Plant, LLC, Calvert Cliffs Nuclear Power Plant, Inc., and Nine Mile Point Nuclear Station, LLC, for the R.E. Ginna Nuclear Power Plant, Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, and Calvert Cliffs Independent Spent Fuel Storage Installation. The application, pursuant to 10 CFR 50.80 and 72.50, seeks approval of the proposed indirect transfer of the licenses to the extent effected by the proposed merger of Constellation Energy Group, Inc., and FPL Group, Inc.,

should the Nuclear Regulatory Commission (NRC) make a threshold determination that approval is required. The NRC has concluded that consent in this case, under the particular facts and circumstances, is necessary.

This notice is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Patrick D. Milano, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-244, 50-317, 50-318, 50-220, 50-410, and 72-8

Enclosures:

Notices cc w/encl: See next page Accession Number: ML060300160 OFFICE LPLI-1\\PM LPLI-1\\LA OGC LPLI-1\\BC NAME PMilano:tsw SLittle SUttal RLaufer DATE 02/13/06 02/13/06 02/09/06 02/13/06 OFFICIAL RECORD COPY

DISTRIBUTION: for letter to J. Heffley, Constellation Energy Group, dated PUBLIC LPLI-1 Reading File C. Haney RidsNrrDorl R. Laufer RidsNrrDorlLpll-I P. Milano RidsNrrPMPMilano S. Little RidsNrrLASLittle S. Uttal RidsOgcMailCenter E. McKenna RidsNrrDprPfpb RidsAcrsAcnwMailCenter RidsRgn1MailCenter RidsNrrDORLDpr RidsOpaMailCenter J. Trapp, R-I S. Hom cc: Plant Mailing List

Constellation Energy Generation Group Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 R.E. Ginna Nuclear Power Plant Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 cc:

Mr. Michael J. Wallace President R.E. Ginna Nuclear Power Plant, LLC c/o Constellation Energy 750 East Pratt Street Baltimore, MD 21202 Mr. John M. Heffley Senior Vice President and Chief Nuclear Officer Constellation Generation Group 1997 Annapolis Exchange Parkway Suite 500 Annapolis, MD 21401 Mr. James A. Spina, Vice President Calvert Cliffs Nuclear Power Plant, Inc.

Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702 Mrs. Mary G. Korsnick Vice President R.E. Ginna Nuclear Power Plant R.E. Ginna Nuclear Power Plant, LLC 1503 Lake Road Ontario, NY 14519 Mr. Timothy J. OConnor Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093 Mr. Carey Fleming, Esquire Sr. Counsel - Nuclear Generation Constellation Generation Group, LLC 750 East Pratt Street, 17th floor Baltimore, MD 21202 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mark Gile, Sr. Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 287 St. Leonard, MD 20685 Kenneth Kolaczyk, Sr. Resident Inspector R.E. Ginna Nuclear Power Plant U.S. Nuclear Regulatory Commission 1503 Lake Road Ontario, NY 14519 Gordon Hunegs, Sr. Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 126 Lycoming, NY 13093 Mr. R. I. McLean, Manager Nuclear Programs Power Plant Research Program Maryland Department of Natural Resources 580 Taylor Avenue (B wing, 3rd floor)

Tawes State Office Building Annapolis, MD 21401 Mr. Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223 Mr. Louis Larragoite Director, Regulatory Matters Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702

Constellation Energy Generation Group cc:

President Calvert County Board of Commissioners 175 Main Street Prince Frederick, MD 20678 Ms. Kristen A. Burger, Esquire Maryland People's Counsel 6 St. Paul Centre Suite 2102 Baltimore, MD 21202-1631 Ms. Patricia T. Birnie, Esquire Co-Director Maryland Safe Energy Coalition P.O. Box 33111 Baltimore, MD 21218 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Ms. Thelma Wideman, Director Wayne County Emergency Management Office Wayne County Emergency Operations Center 7336 Route 31 Lyons, NY 14489 Ms. Mary Louise Meisenzahl Administrator, Monroe County Office of Emergency Preparedness 1190 Scottsville Road, Suite 200 Rochester, NY 14624 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. James R. Evans LIPA P.O. Box 129 Lycoming, NY 10393 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mr. Mark J. Wetterhahn, Esquire Winston & Strawn 1700 K Street, NW Washington, DC 20006 Mr. Roy Hickok NRC Technical Training Center 5700 Brainerd Road Chattanooga, TN 37411-4017

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION R.E. GINNA NUCLEAR PLANT, LLC R.E. GINNA NUCLEAR POWER PLANT DOCKET NO. 50-244 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Renewed Facility Operating License, which is numbered DPR-18, for the R.E. Ginna Nuclear Power Plant (Ginna), currently held by R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC), as owner and licensed operator.

According to an application for approval filed by Constellation Generation Group, LLC (CGG), on behalf of Ginna LLC, in connection with the merger of CGGs parent company, Constellation Energy Group, Inc. (CEG, Inc.), and FPL Group, Inc. (FPL Group), FPL Group will become a wholly owned subsidiary of CEG, Inc. At the closing of the merger, the former shareholders of FPL Group will own approximately 60% of the outstanding stock of CEG, Inc.,

and the pre-merger shareholders of CEG, Inc., will own the remaining approximately 40%. In addition, the CEG, Inc., board of directors will be composed of fifteen members, nine of whom will be named by FPL Group, and six of whom will be named by the current CEG, Inc. Ginna LLC will continue to own and operate the facility and hold the license.

No physical changes to the facility or operational changes are being proposed in the application.

Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve the application for the indirect transfer of a license, if the Commission determines that the proposed merger will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.

The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below.

Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commissions action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commissions action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commissions rules of practice set forth in Subpart C Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings, of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(I)-(viii).

Requests for a hearing and petitions for leave to intervene should be served upon Mr. Jay M. Gutierrez at Morgan, Lewis & Bockius, LLP, 1111 Pennsylvania Avenue, Washington, DC 20004, telephone: 202-739-5466, fax: 202-739-3001, and e-mail jgutierrez@morganlewis.com; the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail address for filings regarding license transfer cases only:

OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305.

The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the FEDERAL REGISTER and served on the parties to the hearing.

As an alternative to requests for hearing and petitions to intervene, within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this FEDERAL REGISTER notice.

For further details with respect to this action, see the application dated January 23, 2006, available for public inspection at the Commission's Public Document Room (PDR),

located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor),

Rockville, Maryland. Publicly available records will be accessible electronically from the Agency wide Documents Access and Management System's (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, 301-415-4737 or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland this 13th day of February 2006.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Patrick D. Milano, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION CALVERT CLIFFS NUCLEAR POWER PLANT, INC.

CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 CALVERT CLIFFS INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NOS. 50-317, 50-318, AND 72-8 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 and 72.50 approving the indirect transfer of the Renewed Facility Operating Licenses, which are numbered DPR-53 and DPR-69, for Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, respectively, and the Materials License, which is numbered SNM-2505, for the Calvert Cliffs Independent Spent Fuel Storage Installation, currently held by Calvert Cliffs Nuclear Power Plant, Inc. (CCNPP, Inc.), as owner and licensed operator.

According to an application for approval filed by Constellation Generation Group, LLC (CGG), on behalf of CCNPP Inc., in connection with the merger of CGGs parent company, Constellation Energy Group, Inc. (CEG, Inc.) and FPL Group, Inc. (FPL Group), FPL Group will become a wholly owned subsidiary of CEG, Inc. At the closing of the merger, the former shareholders of FPL Group will own approximately 60% of the outstanding stock of CEG, Inc.,

and the pre-merger shareholders of CEG, Inc., will own the remaining approximately 40%. In addition, the CEG, Inc., board of directors will be composed of fifteen members, nine of whom will be named by FPL Group, and six of whom will be named by the current CEG, Inc. CCNPP, Inc. will continue to own and operate the facilities and hold the licenses.

No physical changes to the facility or operational changes are being proposed in the application.

Pursuant to 10 CFR 50.80 and 72.50, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve the application for the indirect transfer of a license, if the Commission determines that the proposed merger will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.