ML102370955
| ML102370955 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 08/18/2010 |
| From: | Rich S NRC Region 1 |
| To: | Connell J Maine Yankee Atomic Power Co |
| Rich, S NMSS/SFST/LID/LB 492-3218 | |
| References | |
| Download: ML102370955 (2) | |
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Page 1 NRC FORM 699 u.s. NUCLEAR REGULATORY COMMISSION DATE (9-2003) 08/18/2010 CONVERSATION RECORD TIME 3:30pm NAME OF PERSON(S) CONTACTED OR IN CONTACT WITH YOU ITELEPHONE NO.
James Connell ORGANIZATION Maine Yankee SUBJECT Negation Action Plan
SUMMARY
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NRC Attendees: Michael Dusaniwskyj, Thomas Fredrichs, Sarah Rich The NRC staff conducted a conference call with Maine Yankee to discuss their need for a negation action plan. Emera, Ine.,
a Canadian company, currently owns 7% of Maine Yankee Atomic Power Company (MYAPC) through multiple subsidiaries. Emera, Inc. is planning to acquire another co-owner of MY APC, which will give Emera, Inc. an additional 5%
ownership. After the acquisition, Emera, Inc. will have a 12% ownership interest in the Maine Yankee facility, but will not be a licensee.
Maine Yankee stated that they don't believe they need a negation action plan, since there is no transfer of control and Emera, Inc. won't have a controlling interest because they have less than 50% ownership. The staff agreed that the proposed asquisition would not be a transfer of control under the provisions of 10 CFR 50.80. However, the existing foreign ownership interest raises teh negation action plan issue independently of the transfer issue. The staff explained that the SRP (64 FR 52355) states that the Commission has not established a specific threshold above which it would be conclusive that an applicant is controlled by foreign interests through ownership of a percentage of the applicant's stock. The relevant criteria include whether a foreign interest has the power, direct or indirect, to direct or decide matters affecting the management or operations of the applicant; whether any non-US citizen has responsibility for special nuclear material; or whether a foreign interest has access to restricted data. The SRP provides the full list of considerations and includes acceptable methods to negate foreign ownership, control, or domination. Therefore, an ownership stake less than 50% does not conclusively resolve the issue.
Maine Yankee asked whether the negation action plan should be created by them or by Emera, Inc. The NRC staff stated that the plan should be made at the parent company level, and should include provisions to prevent Emera, Inc. from exerting control or domination over the licensee on nuclear safety or security matters. The plan should, as necessary, apply to the subsidiary companies to assure they comply with the restrictions on foreign ownership, control, or domination.
Continue on Page 2 ACTION REQUIRED NA~E OF PERSON D~~U~ENTING CONVERSATION DATE .
'-, 1J../71 L.. I< -l: o ~/d-)/;!J ACTION TAKEN TITLE OF PERSON TAKING ACTION ISIGNATURE OF PERSON TAKING ACTION DATE PRINTED ON RECYCLED PAPER NRC FORM 699 (9-2003)
Page 2 CONVERSATION RECORD (Continued)
SUMMARY
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Maine Yankee agreed to contact the appropriate people at Emera, Inc. and have them contact John Goshen, the project manager, to provide the negation action plan.
The call ended at 4:00pm.
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