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Maine Yankee 321 OLD FERRY RD 9 WISCASSET, ME 04578-4922 October 30, 2012 OMY-12-069 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Director, Division of Security Operations Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission, DC 20555-0001
References:
(a) Maine Yankee Atomic Power Company License No. DPR-36 (Docket No. 50-309, 72-30)
(b) NRC Letter, B.W. Stapleton to W. Norton, Re: FOCI Determination (3/2/2012)
(c) Maine Yankee Letter, W. Norton to NRC Document Control Desk, Re: Notification Regarding Vote on Negation Action Plan and Submittal of Corrected Plan (4/24/2012)
(d) Maine Yankee Letter, J. Connell to NRC Information Security Branch, Division of Security Operations, Re: Notice of Change in Ownership Structure (7/18/2012)
(e) NRC Letter, J. Kim to D. A. Rocheleau, Re: Request for Threshold Determination
ý(917/2012)
Re: Notice of Change in Indirect Ownership-On March 2, 2012, the Nuclear Regulatory Commission (NRC) issued a favorable Foreign Ownership, Control,' or"Influence (FOCI) determination for Maine Yankee Atomic Power Company (Maine Yankee)"indadcordance with 10 C.F'R. Part 95 (Reference (b)). In conjunction with the Part 95 facility clearance, Maine Yankee implemented a Negation Action Plan (NAP) with respect to potential FOCI issues. The NAP also addressed potential Foreign Ownership, Control or Domination (FOCD) issues under 10 C.F.R. Part 50. The NAP was most recently described in Maine Yankee correspondence to the NRC dated April 24, 2012 (Reference (c)). In accordance with 10 C.F.R. Part 95 and the terms of tie NAP, this letter notifies the NRC of the completion of a merger affecting the ownership structure' of an indirect foreign owner of a share of Maine Yankee.
Previously, Maine Yankee notified the NRC that Central Vermont Public Service Corporation (CVPS) was acquiied by Gaz' Mtro Limited Partnership (Gaz Metro) (Reference (d)). At that time, CVPS owned 2% of the outstanding common stock of Maine Yankee. As a result of that transaction, which had been approved by the NRC in accordance with 10 C.F.R. 50.80, CVPS became an indirect wholly-owned subiidiary of Gaz Metro. CVPS is a Vermont corporation. Gaz Metro is a Canadian energy company. '. - .,."- -
OMY- 12-069 October 30, 2012 Page 2 On October 1, 2012, CVPS and Green Mountain Power (GMP) completed a merger, with GMP as the surviving company. GMP is an electric utility operating in Vermont. Like CVPS, it is a wholly-owned subsidiary of Gaz Metro. The NRC was previously notified of this merger by the parties to the transaction. The NRC staff completed a threshold review of that proposed merger and concluded that the merger does not constitute a direct or indirect transfer of control of Maine Yankee. Therefore, the transaction did not require NRC's approval under 10 C.F.R. 50.80 (Reference (e)). The merger of CVPS and GMP also does not involve any change in foreign ownership of Maine Yankee.
The directors who have served on the Maine Yankee Board of Directors as representatives of CVPS will continue to serve as representatives of GMP. Each individual has previously executed a certification in accordance with the Maine Yankee NAP.
If you have any questions or require additional information, please contact me, or Maine Yankee's General Counsel, Joe Fay, at (207) 350-0300.
Sincerely, James Connell ISFSI Manager C: Mr. William Dean, Administrator, Region I Mr. Marc Ferdas, Region I Mr. Mark Roberts, Region I Mr. John Goshen, Project Manager, USNRC Mr. Pat Dostie, State of Maine Mr. Jay Hyland, State of Maine Gerald Poulin, Maine Yankee Joe Fay, Maine Yankee Wayne Norton, Maine Yankee Bob Capstick, Maine Yankee Stan Day, Maine Yankee