Letter Sequence Approval |
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Results
Other: CY-12-026, Notice of Merger Closing, CY-12-030, Notification Regarding Vote on Negation Action Plan and Submittal of Corrected Plan, ML11326A256, ML113270114, ML113270119, ML113270209, ML113270227, ML12101A133, ML12124A229
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MONTHYEARML1105908612011-02-28028 February 2011 Ltr. to W. Norton First Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination (TAC Nos. L24496, L24497, L24498) Project stage: RAI ML1108101152011-03-15015 March 2011 Yankee, Decommissioning Funding Assurance Status Report Project stage: Request CY-11-009, Connecticut Yankee Atomic Power Company - Decommissioning Funding Assurance Status Report2011-03-15015 March 2011 Connecticut Yankee Atomic Power Company - Decommissioning Funding Assurance Status Report Project stage: Request ML1107700222011-03-16016 March 2011 Application for NRC Consent to Indirect License Transfer/Threshold Determination That NRC Consent Is Not Required in Connection with Merger of Northeast Utilities and Nstar Project stage: Request ML1111014022011-04-20020 April 2011 W. Norton Letter Second Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination (TAC Nos. L24496, L24497, L24498) Project stage: RAI CY-11-015, Response to Second Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar2011-05-16016 May 2011 Response to Second Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar Project stage: Request ML1114703702011-05-27027 May 2011 W. Norton Letter Second Request for Additional Information, Part 2, for Application for NRC Consent to Indirect License Transfer/Threshold Determination Project stage: RAI ML11195A3392011-07-13013 July 2011 Morgan Lewis on Behalf of Northeast Utilities and Nstar - Submittal of Supplemental Response to Requests for Additional Information and Negation Action Plan Project stage: Supplement ML1119600612011-07-14014 July 2011 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 Project stage: Approval ML1119600682011-07-14014 July 2011 Enclosure - Request for Supplemental Information Related to the Request for Exemption from 10 CFR 50.38 and the Indirect License Transfer Related to Merger of Northeast Utilities and Nstar Project stage: Approval ML1122100172011-08-0505 August 2011 W. Norton Letter Third Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination (TAC L24496, L24497, and L24498) Project stage: RAI ML1122100232011-08-0505 August 2011 Enclosuthird RAI Related to Application for NRC Consent/Threshold Determination for Indirect License Transfer Related to Merger of Northeast Utilities and Nstar Project stage: RAI CY-11-025, Connecticut Yankee and Yankee Atomic, Response to Third Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar2011-08-24024 August 2011 Connecticut Yankee and Yankee Atomic, Response to Third Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar Project stage: Request ML1125003732011-09-0606 September 2011 Notice of Mtg W/ Maine Yankee to Discuss Status of Review of Indirect License Transfer Request Related to Pending Merger of Northeast Utilities & Nstar; Status of Request for Exemption from 10 CFR 50.38; & Decommissioning Financial Assuranc Project stage: Approval ML1127700152011-10-0303 October 2011 Request for Exemption from 10 CFR 50.38 for Maine Yankee Atomic Power Co., Connecticut Yankee Atomic Power Co., and Yankee Atomic Electric Co. - Accepted for Review; Relationship of Exemption Request to Indirect License Transfer and Status Project stage: Approval CY-11-035, Follow-Up to Meeting on September 20, 2011, Regarding Foreign Ownership and Decommissioning Funding Issues2011-10-0505 October 2011 Follow-Up to Meeting on September 20, 2011, Regarding Foreign Ownership and Decommissioning Funding Issues Project stage: Meeting ML11298A0912011-10-20020 October 2011 Summary of Meeting with Yankee Companies, Northeast Utilities (Nu) & Nstar to Discuss Indirect License Transfer Request Related to Pending Merger of Nu & Nstar, Request for Exemption from 10 CFR 50.38 & Decommissioning Financial Assurance Project stage: Meeting ML1132701272011-12-20020 December 2011 Enclosure 2 - Safety Evaluation Report Project stage: Approval ML11326A2562011-12-20020 December 2011 W. Norton Letter Threshold Determination for Facility Operating License No. DPR-36 for Maine Yankee Atomic Power Station (TAC No. L24497) Project stage: Other ML1132701142011-12-20020 December 2011 Ltr. to Wayne Norton Order Approving the Indirect Transfer of Facility Operating License No. DPR-61 for the Haddam Neck Plant Project stage: Other ML1132701192011-12-20020 December 2011 Order Approving Application Regarding Proposed Merger. DPR-61 (Haddam Neck Plant) Project stage: Other ML1132702092011-12-20020 December 2011 Ltr. to W. Norton Order Approving the Indirect Transfers of Facility Operating License No. DPR-3 for the Yankee Nuclear Power Station (Yankee-Rowe) Project stage: Other ML1132702272011-12-20020 December 2011 Order - Approving the Indirect Transfer of Facility Operating License No. DPR-3 for the Yankee Nuclear Power Station (Yankee-Rowe) Project stage: Other ML11327A0292011-12-20020 December 2011 Safety Evaluation Report - Safety Evaluation Indirect Transfer of Control Related to the Merger of Northeast Utilities and Nstar Maine Yankee Atomic Power Company Project stage: Approval ML1203003602012-01-27027 January 2012 Enclosunotice of Violation (W. Norton Letter Maine Yankee Atomic Power Company, Maine Yankee Atomic Power Station - Notice of Violation EA-2011-271 (TAC No. L24538)) Project stage: Other ML1203003342012-01-27027 January 2012 Letter Maine Yankee Atomic Power Company, Maine Yankee Atomic Power Station - Notice of Violation EA-2011-271 (TAC No. L24538) Project stage: Other ML12066A0382012-02-23023 February 2012 Yankee Atomic Electric Co. - Reply to Notice of Violation; EA-2011-283 Project stage: Other ML12081A2482012-03-21021 March 2012 W. Norton Letter Acknowledgement of the Maine Yankee Atomic Power Company Response to the Maine Yankee Atomic Power Company Station Notice of Violation EA-2011-271 (TAC No. L24538) Project stage: Other CY-12-026, Notice of Merger Closing2012-04-0909 April 2012 Notice of Merger Closing Project stage: Other ML12101A1332012-04-0909 April 2012 Yankee Atomic Electric Company, Notice of Merger Closing Project stage: Other ML12124A2292012-04-24024 April 2012 Yankee Atomic Electric Company - Notification of Vote on Negation Action Plan and Submittal of Corrected Plan Project stage: Other CY-12-030, Notification Regarding Vote on Negation Action Plan and Submittal of Corrected Plan2012-04-24024 April 2012 Notification Regarding Vote on Negation Action Plan and Submittal of Corrected Plan Project stage: Other ML12157A4722012-06-0404 June 2012 Consent and Hearing Waiver - Maine Yankee Project stage: Other ML12124A3732012-06-0404 June 2012 Ltr W Norton Maine Yankee Atomic Power Co Confirmatory Order (Effective Immediately) TAC No. L24538 (Maine Yankee) Docket Nos 50-309, 72-30; License No. DPR-36 Project stage: Other ML12226A2322012-08-0909 August 2012 W. Norton Letter Response to Maine Yankee Atomic Power Company, Maine Yankee Atomic Power Station - Disputed Notice of Violation 05000309 (TAC L24538) Project stage: Other ML13086A0102013-07-15015 July 2013 Letter to W. Norton Request for Exemption from Title 10 of the Code of Federal Regulations 50.38 Requirements for Main Yankee Atomic Power Company, Connecticut Yankee Atomic Power Company, and Yankee Atomic Electric Company Project stage: Approval ML13228A2252013-07-15015 July 2013 NCP-2013-003, Non-Cconcurrence on Letter to W. Norton Request for Exemption from Title 10 of the Code of Federal Regulations 50.38 Requirements for Main Yankee Atomic Power Company, Connecticut Yankee Atomic Power Company, and Yankee Atomic Project stage: Approval ML13259A0792013-09-13013 September 2013 Federal Register Notice: Maine Yankee Atomic Power Company, Connecticut Yankee Atomic Power Company, and Yankee Atomic Electric Company Notice of Granting Exemption from 10 CFR 50.38 Requirements Project stage: Approval 2011-07-14
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Enclosure MAINE YANKEE ATOMIC POWER COMPANY CONNECTICUT YANKEE ATOMIC POWER COMPANY YANKEE ATOMIC ELECTRIC COMPANY DOCKET NOS. 50-309, 50-213,50-029, 72-30, 72-39, AND 72-31 REQUEST FOR SUPPLEMENTAL INFORMATION RELATED TO THE REQUEST FOR EXEMPTION FROM 10 CFR 50.38 AND THE INDIRECT LICENSE TRANSFER RELATED TO MERGER OF NORTHEAST UTILITIES AND NSTAR
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Background===
By letter dated December 6, 2010, Maine Yankee Atomic Power Company (MY), Connecticut Yankee Atomic Power Company (CY), and Yankee Atomic Electric Company (YAEC) (together referred to as the Yankee Companies) notified the U.S. Nuclear Regulatory Commission (NRC or Commission) of the pending merger of Northeast Utilities and NSTAR and applied for the NRCs consent for indirect license transfer (for CY and YAEC) and a threshold determination for MY.
By letter dated March 16, 2011, the Yankee Companies responded to the staffs initial request for additional information regarding foreign ownership, control, or domination of each of the licensees.
The March 16, 2011, response indicated that: (1) the licensees shareholders are ultimately owned by foreign entities; and (2) the licensees are governed by a board of directors whose members are appointed, in part, by companies that are ultimately controlled by foreign entities.
In its response issued on April 20, 2011, the NRC staff concluded that foreign entities held ownership interests in the licensees. The staff requested the licensees to submit a negation action plan for each of the licensees, which negates the foreign ownership, control or domination of MY, CY, and YAEC, or take action to remove the foreign ownership, control, or domination, pursuant to 10 CFR 50.38.
On May 16, 2011, the Yankee Companies submitted a request for exemption from the provisions of 10 CFR 50.38 that prohibit foreign ownership, control or domination of a licensee.
NRC staff has reviewed your request and has determined that supplemental information is required to complete its acceptance review.
Request for Supplemental Information (RSI)
On February 18, 2011, NSTAR submitted a petition for approval to the Massachusetts Department of Public Utilities (DPU) related to a purchase power agreement and renewable
energy contract (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML111720933).
In its submittal, NSTAR states:
The Company has executed contracts with the three remaining short-listed projects [T]he contract for which NSTAR is seeking approval, is with Groton Wind, which is a majority-owned subsidiary of Iberdrola, S.A (Iberdrola). Iberdrola is based in Spain and is the top wind power producer in the world, as well as one of the largest utilities internationally.
On February 18, 2011, NSTAR submitted an additional petition to the Massachusetts DPU related to a purchase power agreement between NSTAR and New England Wind, a separate subsidiary of Iberdrola (ADAMS Accession No. ML111720883).
On February 18, 2011, NSTAR submitted a third petition to the Massachusetts DPU seeking approval for a long term contract with Blue Sky East, which is in turn an indirect subsidiary of Emera, a Canadian company (ADAMS Accession No. ML111720966).
The extent of NSTARs business arrangements with Iberdrola and Emera were not previously submitted to the NRC. The above documents, independently obtained by NRC staff from the Massachusetts DPU website (www.mass.gov/dpu), appear to indicate NSTAR may have additional and significant foreign involvement with Iberdrola and Emera beyond joint ownership of the Yankee facilities. This involvement appears to include financial arrangements with Iberdrola and Emera. Loan agreements, contracts, and other understandings with foreign interests are subject to review per NRCs Final Standard Review Plan on Foreign Ownership, Control, or Domination (SRP); 64 FR 52355 (September 28, 1999).
- 1. Describe in sufficient detail for the staff to make a determination, the financial arrangements between NSTAR and Iberdrola and Emera regarding the purchase power agreement and renewable energy contracts for Groton Wind, New England Wind, and Blue Sky East including, but not limited to, the terms of the financial arrangements and how these commitments may impact indirect control of the licensees by foreign entities.
Sections 103 and 104 of the Atomic Energy Act of 1954, as amended (AEA), preclude the issuance of a reactor license to an entity that the Commission knows or has reason to believe is owned, controlled, or dominated by an alien, a foreign corporation, or foreign government.
10 CFR 50.38 codifies the statutory requirement in the NRCs regulations.
The SRP applicable to nuclear reactor facilities licensed under sections 103 and 104 of the AEA establishes review criteria for evaluating matters of foreign ownership or control issues on a case-by-case basis. The SRP indicates that the reviewer may seek information regarding:
Whether the applicant is indebted to foreign interests or has contractual or other agreements with foreign entities that may affect control of the applicant.
Further, the SRP states that When factors not related to ownership are present, the plan shall provide positive measures that assure that the foreign interest can be effectively denied control or domination.
- 2. Provide information related to any contractual or other agreements between Northeast Utilities, NSTAR, and any foreign entities.
Sections 103 and 104 of the AEA preclude the issuance of a reactor license to an entity that the Commission knows or has reason to believe is owned, controlled, or dominated by an alien, a foreign corporation, or foreign government.
10 CFR 50.38 codifies the statutory requirement in the NRCs regulations.
The SRP applicable to nuclear reactor facilities licensed under sections 103 and 104 of the AEA establishes review criteria for evaluating matters of foreign ownership or control issues on a case-by-case basis. The SRP indicates that the reviewer may seek information regarding:
Whether the applicant is indebted to foreign interests or has contractual or other agreements with foreign entities that may affect control of the applicant.