Letter Sequence Other |
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Results
Other: CY-12-008, Connecticut Yankee Atomic Power Co., Reply to Notice of Violation, EA-2011-284, ML12027A200, ML12027A204, ML120300184, ML120300201, ML120300334, ML120300360, ML12066A038, ML12066A040, ML12081A248, ML12082A012, ML12082A029, ML12124A372, ML12124A373, ML12124A374, ML12125A042, ML12157A472, ML12157A476, ML12157A477, ML12226A232, ML12226A297, ML12226A479
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MONTHYEARML11166A1242011-06-0808 June 2011 Response to Second Request (Part 2) for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar Project stage: Request 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 CY-11-024, Response to Request for Supplemental Information Related to the Request for Exemption from 10 C.F.R.50.38 and the Indirect License Transfer Related to Merger of Northeast Utilities and Nstar2011-08-16016 August 2011 Response to Request for Supplemental Information Related to the Request for Exemption from 10 C.F.R.50.38 and the Indirect License Transfer Related to Merger of Northeast Utilities and Nstar Project stage: Supplement 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 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 CY-11-041, Foreign Ownership Negation Action Plan and Decommissioning Funding Assurance2011-12-21021 December 2011 Foreign Ownership Negation Action Plan and Decommissioning Funding Assurance Project stage: Request ML1203001842012-01-27027 January 2012 W. Norton Letter Connecticut Yankee Atomic Power Company, Haddam Neck Plant - Notice of Violation EA-2011-284 (TAC No. L24565) Project stage: Other 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 ML1203002012012-01-27027 January 2012 Enclosunotice of Violation (W. Norton Letter Connecticut Yankee Atomic Power Company, Haddam Neck Plant - Notice of Violation EA-2011-284 (TAC No. L24565)) Project stage: Other ML12027A2042012-01-27027 January 2012 Enclosure - Notice of Violation, EA-2011-283 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 ML12027A2002012-01-27027 January 2012 Ltr. to W. Norton Yankee Atomic Electric Company, Yankee Nuclear Power Station - Notice of Violation EA-2011-283 (TAC No. L24566) Project stage: Other ML12066A0402012-02-23023 February 2012 Co. - Reply to Notice of Violation, EA-2011-271 Project stage: Other ML12066A0382012-02-23023 February 2012 Yankee Atomic Electric Co. - Reply to Notice of Violation; EA-2011-283 Project stage: Other CY-12-008, Connecticut Yankee Atomic Power Co., Reply to Notice of Violation, EA-2011-2842012-02-23023 February 2012 Connecticut Yankee Atomic Power Co., Reply to Notice of Violation, EA-2011-284 Project stage: Other ML12082A0292012-03-21021 March 2012 W. Norton Letter Acknowledgement of the Yankee Atomic Electric Company Response to the Yankee Nuclear Power Station-Notice of Violation EA-2011-283 (TAC No. L24566) 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 ML12082A0122012-03-21021 March 2012 W. Norton Letter Acknowledgement of the Connecticut Yankee Atomic Power Company Response to the Haddam Neck Plant - Notice of Violation EA-2011-284 (TAC L24565) Project stage: Other ML12125A0422012-04-24024 April 2012 Submittal of Corrected Negation Action Plan Project stage: Other ML12157A4762012-05-31031 May 2012 Consent and Hearing Waiver - Connecticut Yankee Project stage: Other ML12157A4772012-05-31031 May 2012 Consent and Hearing Waiver - Yankee Atomic Project stage: Other ML12124A3722012-06-0404 June 2012 Ltr W Norton Connecticut Yankee Atomic Power Co Confirmatory Order (Effective Immediately) TAC No. L24565 (Haddam Neck) Docket Nos 50-213, 72-39; License No. DPR-61 Project stage: Other ML12157A4722012-06-0404 June 2012 Consent and Hearing Waiver - Maine Yankee Project stage: Other ML12124A3742012-06-0404 June 2012 Ltr W Norton Yankee Atomic Electric Co Confirmatory Order (Effective Immediately) TAC No. L24566 (Yankee Atomic) Docket Nos 50-029, 72-31; License No. DPR-3 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 ML12226A2972012-08-0909 August 2012 Letter Response Yankee Atomic Electric Company, Yankee Nuclear Power Station - Disputed Notice of Violation 05000029 (TAC L24566) Project stage: Other ML12226A4792012-08-0909 August 2012 W. Norton Letter Response to Connecticut Yankee Atomic Power Company, Haddam Neck Plant - Disputed Notice of Violation 05000213 (TAC L24565) 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 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 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 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 2012-01-27
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Category:Letter
MONTHYEARML23342A0972024-01-0909 January 2024 Connecticut Yankee Atomic Power Company - Independent Spent Fuel Storage Installation Security Inspection Plan CY-23-014, Biennial Update of the CYAPCO Quality Assurance Program for the Haddam Neck ISFSI2023-12-0404 December 2023 Biennial Update of the CYAPCO Quality Assurance Program for the Haddam Neck ISFSI ML23124A2012023-04-20020 April 2023 Independent Spent Fuel Storage Installation, Annual Radioactive Effluent Release Report, Annual Radiological Environmental Operating Report, and Changes to the Offsite Dose Calculation Manual for 2022 CY-23-006, Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report2023-03-0606 March 2023 Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report CY-23-007, Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste2023-03-0606 March 2023 Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste ML22340A4922023-02-24024 February 2023 Closeout Letter to Connecticut Yankee Regarding 2018 and 2021 Updated DFPs for Haddam Neck Plant ISFSI CY-23-003, Independent Spent Fuel Storage Installation, Nuclear Liability Insurance Coverage2023-01-17017 January 2023 Independent Spent Fuel Storage Installation, Nuclear Liability Insurance Coverage CY-23-004, Independent Spent Fuel Storage Installation, Property Insurance Coverage2023-01-17017 January 2023 Independent Spent Fuel Storage Installation, Property Insurance Coverage CY-23-001, Independent Spent Fuel Storage Installation, Report of 10 CFR 50.59 Changes, Tests, and Experiments2023-01-0505 January 2023 Independent Spent Fuel Storage Installation, Report of 10 CFR 50.59 Changes, Tests, and Experiments CY-23-002, Independent Spent Fuel Storage Installation, Report of 10 CFR 72.48 Changes, Tests, and Experiments2023-01-0505 January 2023 Independent Spent Fuel Storage Installation, Report of 10 CFR 72.48 Changes, Tests, and Experiments IR 07200039/20224012022-10-0505 October 2022 Connecticut Yankee Atomic Power Company - NRC Independent Spent Fuel Storage Security Inspection Report No. 07200039/2022401 CY-22-012, Independent Spent Fuel Storage Installation, Supplemental Information for the Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan2022-08-0303 August 2022 Independent Spent Fuel Storage Installation, Supplemental Information for the Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan CY-22-010, Connecticut Yankee Atomic Power Company Haddam Neck Plant Independent Spent Fuel Storage Installation, Formal Announcement of New ISFSI Manager2022-05-25025 May 2022 Connecticut Yankee Atomic Power Company Haddam Neck Plant Independent Spent Fuel Storage Installation, Formal Announcement of New ISFSI Manager CY-22-006, Independent Spent Fuel Storage Installation Annual Radioactive Effluent Release Report, Annual Radiological Environmental Operating Report, and Changes to the Offsite Dose Calculation Manual for 20212022-04-25025 April 2022 Independent Spent Fuel Storage Installation Annual Radioactive Effluent Release Report, Annual Radiological Environmental Operating Report, and Changes to the Offsite Dose Calculation Manual for 2021 CY-22-003, and Independent Spent Fuel Storage Installation, Decommissioning Funding Assurance Status Report2022-03-14014 March 2022 and Independent Spent Fuel Storage Installation, Decommissioning Funding Assurance Status Report CY-22-004, Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste2022-03-14014 March 2022 Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste ML22011A1352022-01-31031 January 2022 Connecticut Yankee Atomic Power Company - Independent Spent Fuel Storage Installation Security Inspection Plan CY-22-002, Independent Spent Fuel Storage Installation - Property Insurance Coverage2022-01-20020 January 2022 Independent Spent Fuel Storage Installation - Property Insurance Coverage CY-22-001, Independent Spent Fuel Storage Installation - Nuclear Liability Insurance Coverage2022-01-20020 January 2022 Independent Spent Fuel Storage Installation - Nuclear Liability Insurance Coverage CY-21-015, Independent Spent Fuel Storage Installation, Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan2021-12-10010 December 2021 Independent Spent Fuel Storage Installation, Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan CY-21-011, Biennial Update of the CYAPCO Quality Assurance Program for the Haddam Neck ISFSI2021-12-0101 December 2021 Biennial Update of the CYAPCO Quality Assurance Program for the Haddam Neck ISFSI CY-21-013, Biennial Update to the Haddam Neck Plant License Termination Plan2021-12-0101 December 2021 Biennial Update to the Haddam Neck Plant License Termination Plan ML22075A2382021-12-0101 December 2021 Biennial Update to the Haddam Neck Plant Updated Final Safety Analysis Report CY-21-014, Independent Spent Fuel Storage Installation - Adoption of Amendment 8 of NAC-MPC Certificate of Compliance No. 72-1025 and Canister Registration2021-11-18018 November 2021 Independent Spent Fuel Storage Installation - Adoption of Amendment 8 of NAC-MPC Certificate of Compliance No. 72-1025 and Canister Registration IR 05000213/20210012021-10-26026 October 2021 Connecticut Yankee Atomic Power Company - NRC Independent Spent Fuel Storage Installation Inspection Report Nos. 07200039/2021001 and 05000213/2021001 ML21144A2512021-04-13013 April 2021 Independent Spent Fuel Storage Installation - Annual Radioactive Effluent Release Report, Annual Radiological Environmental Operating Report, and Changes to the Offsite Dose Calculation Manual for 2020 CY-21-006, Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste2021-03-0202 March 2021 Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste CY-21-005, Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report2021-03-0202 March 2021 Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report CY-21-003, Independent Spent Fuel Storage Installation Nuclear Liability Insurance Coverage2021-01-27027 January 2021 Independent Spent Fuel Storage Installation Nuclear Liability Insurance Coverage CY-21-004, Independent Spent Fuel Storage Installation - Property Insurance Coverage2021-01-27027 January 2021 Independent Spent Fuel Storage Installation - Property Insurance Coverage ML21012A3192021-01-13013 January 2021 Connecticut Yankee Atomic Power Company - Independent Spent Fuel Storage Installation Security Inspection Plan IR 07200039/20204012020-11-20020 November 2020 Connecticut Yankee Atomic Power Company - Independent Spent Fuel Storage Installation Security Inspection Report 07200039/2020401, Without Enclosure (Public - Cover Letter Only) ML20150A3352020-06-19019 June 2020 COVID-19 Exemption for Haddam Neck CY-20-011, Independent Spent Fuel Storage Installation - Request for a Temporary Exemption from 10 CFR 73, Appendix B, Section Le and 10 CFR 73.55(r) Annual Physical Requalification Requirement2020-05-14014 May 2020 Independent Spent Fuel Storage Installation - Request for a Temporary Exemption from 10 CFR 73, Appendix B, Section Le and 10 CFR 73.55(r) Annual Physical Requalification Requirement ML20143A0972020-04-16016 April 2020 Independent Spent Fuel Storage Installation Annual Radioactive Effluent Release Report, Annual Radiological Environmental Operating Report, and Changes to the Offsite Dose Calculation Manual for 2019 CY-20-007, Independent Spent Fuel Storage Installation - Formal Announcement of New Tsfst Manager2020-03-31031 March 2020 Independent Spent Fuel Storage Installation - Formal Announcement of New Tsfst Manager CY-20-004, Independent Spent Fuel Storage Installation - Funding Report for Managing Irradiated Fuel and GTCC Waste2020-03-17017 March 2020 Independent Spent Fuel Storage Installation - Funding Report for Managing Irradiated Fuel and GTCC Waste CY-20-003, Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report2020-03-12012 March 2020 Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report CY-20-002, Independent Spent Fuel Storage Installation, Letter Notifying NRC the Amount of Property Insurance Coverage in Force for 20202020-01-22022 January 2020 Independent Spent Fuel Storage Installation, Letter Notifying NRC the Amount of Property Insurance Coverage in Force for 2020 ML20015A5262020-01-15015 January 2020 Connecticut Yankee Atomic Power Company - Independent Spent Fuel Storage Installation Security Inspection Plan ML19269C4642019-10-11011 October 2019 Letter to B. Mitchell Exemption from 10 CFR 72.212 and 72.214 for Dry Spent Fuel Storage Activities - Haddam Neck Plant Independent Spent Fuel Storage Installation CY-19-014, Independent Spent Fuel Storage Installation - Formal Announcement of ISFSI Manager'S Return2019-06-0505 June 2019 Independent Spent Fuel Storage Installation - Formal Announcement of ISFSI Manager'S Return CY-19-012, Independent Spent Fuel Storage Installation - 2018 Individual Monitoring NRC Form 5 Report2019-04-23023 April 2019 Independent Spent Fuel Storage Installation - 2018 Individual Monitoring NRC Form 5 Report ML19070A0332019-02-20020 February 2019 Letter to C. Pizzella Nuclear Regulatory Commission'S Analysis of Connecticut Yankee Atomic Power Company'S Initial and Updated Decommissioning Funding Plans for the Haddam Neck Plant Independent Spent Fuel Storage Installation CY-18-021, Connecticut Yankee Atomic Power Company Haddam Neck Plant Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan2018-12-10010 December 2018 Connecticut Yankee Atomic Power Company Haddam Neck Plant Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan IR 05000213/20180012018-05-31031 May 2018 NRC Independent Spent Fuel Storage Installation Inspection Report Nos. 07200039/2018001 and 05000213/2018001, Connecticut Yankee Atomic Power Company, East Hampton, Connecticut Site IR 07200039/20184012018-05-17017 May 2018 Connecticut Yankee Atomic Power Company Independent Spent Fuel Storage Security Inspection Report No. 07200039/2018401 - (Cover Letter Only) CY-18-004, Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report2018-03-0505 March 2018 Independent Spent Fuel Storage Installation - Decommissioning Funding Assurance Status Report CY-18-005, Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste2018-03-0505 March 2018 Independent Spent Fuel Storage Installation - Funding Status Report for Managing Irradiated Fuel and GTCC Waste CY-17-021, Independent Spent Fuel Storage Installation Formal Announcement of Change in HNP ISFSI Manager2017-09-0505 September 2017 Independent Spent Fuel Storage Installation Formal Announcement of Change in HNP ISFSI Manager 2024-01-09
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August 9, 2012 EA-2011-284 Mr. Wayne Norton Chief Nuclear Officer Connecticut Yankee Atomic Power Company 362 Injun Hollow Road East Hampton, CT 06424-3099
SUBJECT:
RESPONSE TO CONNECTICUT YANKEE ATOMIC POWER COMPANY, HADDAM NECK PLANT - DISPUTED NOTICE OF VIOLATION 05000213 (TAC L24565)
Dear Mr. Norton,
This letter provides the results of the U.S. Nuclear Regulatory Commissions (NRC or Commission) review of your letter, dated February 23, 2012 (ADAMS Accession No. ML120),
regarding the Notice of Violation (NOV) (NOV EA-2011-284, dated January 27, 2012 (ADAMS Accession No. ML120300184)). In your letter, you disagreed that the cited violation of Title 10 of the Code of Federal Regulations (10 CFR) 50.38, Ineligibility of Certain Applicants, had occurred. The NRC has reviewed your letter and applicable supporting documentation, and it has determined that NOV EA-2011- 284 occurred as stated for the reasons stated below.
Connecticut Yankee Atomic Power Company (Connecticut Yankee) is the licensee for the Haddam Neck Plant and currently holds a 10 CFR Part 50 possession only license. Under 10 CFR 72, Subpart K, General License for Storage of Spent Fuel at Power Reactor Sites, Connecticut Yankee is authorized to store spent fuel. Connecticut Yankee states that the Haddam Neck Independent Spent Fuel Storage Installation (ISFSI) is not a production or utilization facility and, therefore, does not fall within the provisions of the Atomic Energy Act that govern 10 CFR Part 50 licensees. In particular, you state that the statutory prohibition on foreign ownership, control or domination (FOCD) derives from the sections governing 10 CFR Part 50 licensees, therefore, the FOCD provisions do not apply to the Connecticut Yankee license. Connecticut Yankee notes in its letter that 10 CFR Part 72 has no explicit prohibition on foreign ownership control or domination (FOCD). Connecticut Yankee states that its 10 CFR Part 50 licensee does not allow operation of a production or utilization facility.
The staff has determined that the Connecticut Yankee proposal to apply the license transfer analysis of 10 CFR 50.80 to the FOCD restrictions of 10 CFR 50.38 is not appropriate.
Connecticut Yankees letter did not acknowledge that as a 10 CFR Part 50 licensee it must comply with all the requirements of 10 CFR Part 50 as currently written. That Connecticut Yankee is no longer authorized to operate an electric power production facility does not relieve it of the applicable 10 CFR Part 50 license requirements, including the FOCD requirements of 10 CFR 50.38. Connecticut Yankee also states that the FOCD prohibitions of 10 CFR 50.38 cannot arise without a finding of transfer of control of the 10 CFR Part 50 license under
W. Norton 10 CFR 50.80. Connecticut Yankee makes two statements in support of its position. First, it says that no foreign entity holds a majority or controlling interest in Connecticut Yankee.
Second, it says the NRC reviewed and allowed a foreign interest, National Grid, to acquire an interest in Connecticut Yankee, but concluded that the acquisition was not a transfer of control of the license.
Transfer of control of the license is not a necessary condition to make a determination that a foreign interest may have obtained FOCD of a licensee. With respect to the amount of ownership required to find FOCD, the NRCs Final Standard Review Plan Foreign Ownership, Control, or Domination, dated June 1999, (FOCD SRP) does not provide a specific threshold above which it would be conclusive that a licensee is controlled by foreign interests (64 FR 52357-52359). The NRCs FOCD evaluation considers the totality of the facts on a case-by-case basis. Section 3.2 of the FOCD SRP states, An applicant is considered to be foreign owned, controlled, or dominated whenever a foreign interest has the power, direct or indirect, whether or not exercised, to direct or decide matters affecting the management or operations of the applicant (64 FR 52355- 52358). Moreover, FOCD can arise due to foreign entities or persons with voting rights, financial arrangements, or management positions such as directors, officers, or executive personnel in the licensees organization. Based on its review of the totality of facts presented, the NRC determined that Connecticut Yankee violated 10 CFR 50.38 when it failed to implement a negation action plan that would negate the ability of foreign interests to exercise ownership, control or domination over Connecticut Yankee.
In contrast, the previous determinations of transfer of control of the Haddam Neck ISFSI license under 10 CFR 50.80 did not examine the totality of facts with respect to FOCD, since the totality of facts did not become apparent until the NRCs review of the indirect license transfer application submitted on December 6, 2010. The NRCs review identified an apparent violation of the requirements in 10 CFR 50.38 due to a series of incremental ownership changes that resulted in Connecticut Yankee being owned, controlled, or dominated by two foreign corporations - Iberdrola, based in Spain (6 percent); and National Grid, based in the United Kingdom (19.5 percent).
In addition, Connecticut Yankee states that the indirect foreign ownership of minority shareholders in Connecticut Yankee does not equate to FOCD. The NRC agrees that the FOCD evaluation is not a simple review of ownership percentages. As previously stated, the Commissions FOCD SRP explains that the FOCD determination considers the totality of facts on a case-by-case basis. This was the subject of the meeting held on September 20, 2011, in Rockville, Maryland, with representatives of Maine Yankee Atomic Power Company, Connecticut Yankee, Yankee Atomic Electric Company, and Northeast Utilities, (together referred to as the Yankee Companies). The organization and governance of the Yankee Companies were discussed at the meeting. According to the Yankee Companies representatives, after completing decommissioning of the reactor facilities, Connecticut Yankee changed its bylaws to support weighted voting, where the number of directors was appointed based on the percentage of stock ownership, and that per the Connecticut statutes on corporate structuring, Connecticut Yankee included a provision for unanimous vote of shareholders to support the weighted voting structure, and unanimous consent provisions for Connecticut Yankee would apply to proposed changes to certain sections of the bylaws. Several directors represented foreign interests, and had the power, whether or not exercised, to participate in Board decisions regarding nuclear safety and security.
W. Norton Connecticut Yankee states that the NOV does not identify any safety or security issue in which a foreign entity exerted actual control over Connecticut Yankee with respect to safety or security. However, asserting that actual FOCD was not exercised during that period is not relevant. The FOCD SRP states, An applicant is considered to be foreign owned, controlled, or dominated whenever a foreign interest has the power, direct or indirect, whether or not exercised, to direct or decide matters affecting the management or operations of the applicant.
[Emphasis added]. FOCD SRP Section 4.2 directs the staff to consider whether the foreign interest has the ability to appoint managers. Finally, the regulatory standard is based upon a review of the totality of facts and circumstances which may require negation measures. Upon review of the information provided, the NRC has concluded that, in fact, foreign interests have that power. Since Connecticut Yankee is a 10 CFR Part 50 licensee, it is required to comply with all of the requirements of 10 CFR Part 50. Based on information provided, the staff finds that Connecticut Yankee was subject to FOCD and thus required a negation action plan during the period cited for in the NOV.
Separately, the NRC continues to review Connecticut Yankees request, dated May 16, 2011, (ADAMS Accession No. ML11139A088) for an exemption to 10 CFR 50.38. The NRC will notify you the results of the staffs evaluation when it is completed.
If you have any questions, please contact me at (301) 492-3338 or John Goshen of my staff, at (301) 492-3325.
Sincerely,
/RA/
Douglas W. Weaver, Deputy Director Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-213, 72-39 License No: DPR-61 TAC No.: L24565 cc: Haddam Neck Plant Service List
ML11139A088) for an exemption to 10 CFR 50.38. The NRC will notify you the results of the staffs evaluation when it is completed.
If you have any questions, please contact me at (301) 492-3305 or John Goshen of my staff, at (301) 492-3325.
Sincerely,
/RA/
Douglas W. Weaver, Deputy Director Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-213, 72-39 License No: DPR-61 TAC No.: L24565 cc: Haddam Neck Plant Service List DISTRIBUTION: SFST R/F BBenney TFredrichs ARivera MAshley JLubinski BMizuno SHamman/RI NHilton MMcLaughlin/RI NSheehan/RI ADeFrancisco/RI MFerdas/RI NMcNamara/RI MLombard ADAMS:
File location: G:\SFST\Northeast Utilities\NOV Jan 2012\Response to contestations\NRC response to CY 2 23 12 letter.docx cc: Haddam Neck Plant Service List ADAMS P8 Accession No.: ML12226A479 OFC NMSS/SFST NMSS/SFST NMSS NMSS/SFST NMSS/SFST NAME WWheatley JGoshen KMattern MWaters DWeaver DATE 6/ 02 /2012 6/ 19 /2012 6/ 21 /12 8/1 /2012 8/9/2012 OFC NRR NRR OGC OE NAME JSimpson CRegan CSafford JWray DATE 6/ 19 /2012 6/ 19 /2012 6/ 27 /2012 6/ 21 /2012 Haddam Neck Plant Service List cc:
David A. Repka Partner Winston & Strawn LLP 1700 K Street, N.W.
Washington, DC 20006-3817 Assistant Director Office of Policy and Management Policy Development and Planning Division 450 Capitol Avenue- MS# 52 ERN P.O. Box Bo 341441 Hartford, CT 06134-1441 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 2100 Renaissance Boulevard, Suite 100 King of Prussia, PA 19406-2713 Edward L. Wilds, Jr., PhD. Director Radiation Division, Bureau of Air Management Connecticut Department of Energy and Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Board of Selectmen Town Office Building Haddam, CT 06438 Ms. Rosemary Bassilakis Citizens Awareness Network 54 Old Turnpike Road Haddam, CT 06438 Ms. Deborah B. Katz President Citizens Awareness Network P.O. Box 83 Shelburne Falls, MA 01370-0083 Mr. Randall L. Speck Kaye, Scholer, Fierman, Hayes & Handler, LLP The McPherson Building 901 Fifteenth Street, NW Suite 1100 Washington, DC 20005-2327
W Norton Mr. James Lenois ISFSI Manager Connecticut Yankee Atomic Power Company 362 Injun Hollow Road East Hampton, CT 06424-3099 Mr. Robert Capstick Communications Manager Connecticut Yankee Atomic Power Company 77 Lakewood Road Newton, MA 02461 Mr. Joseph Fay General Counsel Connecticut Yankee Atomic Power Company 362 Injun Hollow Road East Hampton, CT 06424-3099