ML111960061

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Ltr. to W. Norton Request for Exemption from 10 CFR 50.38 for Maine Yankee Atomic Power Company, Connecticut Yankee Atomic Power Company, and Yankee Atomic Electric Company - Supplemental Information Needed; Relationship of Exemption Reques
ML111960061
Person / Time
Site: Haddam Neck, Yankee Rowe, Maine Yankee
Issue date: 07/14/2011
From: Kristina Banovac
NRC/NMSS/SFST
To: Norton W
Maine Yankee Atomic Power Co
Banovav, K NMSS/SFST 492-3571
Shared Package
ML111960059 List:
References
TAC L24496, TAC L24497, TAC L24498, TAC L24538
Download: ML111960061 (4)


Text

July 14, 2011 Mr. Wayne Norton, Chief Executive Officer and President of Yankee Atomic and Connecticut Yankee Chief Nuclear Officer of Maine Yankee 49 Yankee Road Rowe, MA 01367

SUBJECT:

REQUEST FOR EXEMPTION FROM 10 CFR 50.38 FOR MAINE YANKEE ATOMIC POWER COMPANY, CONNECTICUT YANKEE ATOMIC POWER COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY - SUPPLEMENTAL INFORMATION NEEDED (TAC NO. L24538); RELATIONSHIP OF EXEMPTION REQUEST TO INDIRECT LICENSE TRANSFER AND STATUS OF REVIEW (TAC NOS. L24496, L24497, AND L24498)

Dear Mr. Norton:

By letter dated May 16, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11139A088), you submitted a request for exemption from 10 CFR 50.38 for the Maine Yankee Atomic Power Company (MY), Connecticut Yankee Atomic Power Company (CY), and the Yankee Atomic Electric Company (YAEC) (together referred to as the Yankee Companies). 10 CFR 50.38 requires that any person who is a citizen, national, or agent of a foreign country, or any corporation, or other entity which the Commission knows or has reason to believe is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government, shall be ineligible to apply for and obtain a license.

As MY, CY, and YAEC currently hold 10 CFR Part 50 licenses for Maine Yankee Atomic Power Station (License No. DPR-36), Haddam Neck Plant (License No. DPR-61), and Yankee Nuclear Power Station (License No. DPR-3), respectively, the provisions of 10 CFR 50.38 currently apply to these licenses.

U.S. Nuclear Regulatory Commission (NRC) staff performed an acceptance review of the exemption request to determine if the request contains sufficient information to allow the staff to complete the detailed review. We consider that disposition of this exemption request is integral to our review of your request for NRC consent to the indirect license transfer, related to the pending Northeast Utilities and NSTAR merger, that you submitted on December 6, 2010 (ADAMS Accession No. ML103490133), as supplemented on March 16, 2011 (ADAMS Accession No. ML110770022), May 16, 2011, and June 8, 2011 (ADAMS Accession No. ML11166A124). Specifically, we must reach a determination on whether to exempt the Yankee Companies from the foreign ownership, control, and domination (FOCD) requirements in 10 CFR 50.38, to be able to reach an overall FOCD conclusion related to the indirect license transfer request.

This letter is to advise you that based on our acceptance review, supplemental information is needed to continue our review. This information is described in the enclosure to this letter as a Request for Supplemental Information (RSI). In order to schedule our detailed review, this

supplemental information should be provided by August 14, 2011. If the supplemental information is not received by this date, the review of this request may be delayed. The supplemental information requested and the associated timeframe for the Yankee Companies response were discussed with you and your staff on July 14, 2011.

Please note that submission of a negation action plan for each of the licensees, which negates any foreign ownership, control or domination of MY, CY, or YAEC, or to take action to remove the foreign ownership, control, or domination, was requested in our April 20, 2011, letter (ADAMS Accession No. ML111101402). This option remains available to you, in lieu of your request for exemption from the requirements of 10 CFR 50.38.

Regarding our review of decommissioning funding related to the indirect license transfer request, we have reviewed your response, dated June 8, 2011, to NRCs Second Request for Additional Information (RAI), Part 2, dated May 27, 2011 (ADAMS Accession No. ML111470370). We plan to send you additional RAIs related to decommissioning funding by July 29, 2011.

Please let me know if you have any questions on, or would like to meet to discuss, the NRC staffs review process related to the exemption request and the overall review of the indirect license transfer request.

If you have any questions regarding this matter, please contact me at (301) 492-3571.

Sincerely,

/RA/

Kristina L. Banovac, Project Manager Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 50-213,50-029 72-30, 72-39, 72-31 TAC Nos.: L24538, L24496, L24497, L24498

Enclosure:

RSI cc: Northeast Utilities Service List

ML111101402). This option remains available to you, in lieu of your request for exemption from the requirements of 10 CFR 50.38.

Regarding our review of decommissioning funding related to the indirect license transfer request, we have reviewed your response, dated June 8, 2011, to NRCs Second Request for Additional Information (RAI), Part 2, dated May 27, 2011 (ADAMS Accession No. ML111470370). We plan to send you additional RAIs related to decommissioning funding by July 29, 2011.

Please let me know if you have any questions on, or would like to meet to discuss, the NRC staffs review process related to the exemption request and the overall review of the indirect license transfer request.

If you have any questions regarding this matter, please contact me at (301) 492-3571.

Sincerely,

/RA/

Kristina L. Banovac, Project Manager Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 50-213,50-029 72-30, 72-39, 72-31 TAC Nos.: L24538, L24496, L24497, L24498

Enclosure:

RSI cc: Northeast Utilities Service List DISTRIBUTION:

SFST R/F BWhite JGoshen ASimmons TFredrichs BMizuno SUttal G:/SFST/Banovac/Yankees exemption request/RSI cover ltr.docx ML OFC NMSS/SFST NMSS/SFST NRR/DPR OGC NMSS/SFST NMSS/SFST NAME KBanovac WWheatley CRegan BMizuno MWaters KBanovac DATE 6/28/11 6/29/11 6/30/11 7/7/11 7/11/11 7/14/11

cc: Northeast Utilities Service List Duncan MacKay, Esquire Deputy General Counsel Northeast Utilities Service Company 107 Seldea Street Berlin, CT 06037 Joseph Fay, Esquire Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922 Gerald Garfield Day Pitney, LLP 242 Trumbull Street Hartford, CT 06103 Tim Mathews Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave., NW Washington, D.C. 20004-2541 Neven Rabadjija Associate General Counsel NSTAR 800 Boylston Street, 17th Floor Boston, MA 02199 David A. Repka, Esq.

Winston & Strawn LLP 1700 K Street, N.W.

Washington, DC 20006-3817