ML20198B355

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Order Extending Effectiveness of Approval of Transfer of Licenses.Pursuant to Sections 161B & 161I of Atomic Energy Act,As Amended,Hereby Order That Effectiveness of Order of 961018 Be Extended
ML20198B355
Person / Time
Site: Calvert Cliffs  
Issue date: 12/19/1997
From: Collins S, Paperiello C
NRC (Affiliation Not Assigned), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
BALTIMORE GAS & ELECTRIC CO.
Shared Package
ML20198B358 List:
References
NUDOCS 9801060280
Download: ML20198B355 (3)


Text

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7590-01.P o-O UNITED STATES OF AMERICA NUCLEAF1 REGULATORY COMMISSION in the Matter of

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BALTIMORE GA8 ELECTR6C COMPANY

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Docket Nos. 50 317 (Calvert Cliffs Nuclear Power

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50 318 Plant, Units 1 and 2, and the

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and 72-8 independent Spent Fuel Stora9e

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Installation

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ORDER EXTENDING THE EFFECTIVENESS OF THE APPROVAL OF THE TRANSFER OF LICENSE 8-1.

By Order dated October 18,1996, the Nuclear Regulatory Commission (the Commission or NRC) approved the proposed transfer of Operating Licenses Nos. DPR 53 and DPR 69 for the Calvert Cliffs Nuclear Power Plant, Units 1 and 2, and Material Lloenses No. SNM 2505 for the Calvert Cliffs Independent Spent Fuel Storage Installatiois from Baltimore Gas and Electric Company (BGE) to Constellation Energy Corporation. The approval was given in response to an application filed by BGE dated April 5,1996, for consent under Sections 50.80 and 72.50 of Title 10 of the Code of Foderal Reaulations (10 CFR 50.80 and 10 CFR 72.50). Dy its terms, the Order of October 18,1996, becomes null and vold if the transfer of the I;conses is not consummated by December 31,1997, unless on application and for good cause shown, such date is extended by the Commission.

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- By letter dated November 21,1997, BGE submitted a request for an extension of the effectiveness of the Order of October 18,1996, such that approval of the transfers would remain effective until December 31,' 1998. According to this submittal, all of the necessary regulatory approvals have been obtained to permit the consummation of the mer9er between BGE and -

~ Potomac Electric Power Company, resulting in Constellation Energy Corporation. BGE asserts, n

however, that the Maryland and District of Columbia Public Service Commissions attached E5 Pb17 P

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e conditions to their approvals that are inconsistent with the respective mer9er applications. The companies proposing to merge have filed joint requests with the Maryland and District of Columbia Commissions for rehearing of their original orders approving the merger.

According to BGE, an intervonor in the Maryland case eppealed the Maryland Commission's order approving the merger to the Circuit Court in Baltimore County, and this appeal has delayed the expected merger process. The Circuit Court affirmed the Maryland Commission's order on October 27,1997, but the Court's order has now been appealed to the

' Court of Special Appeals of Maryland. The issues being appealed, and those that are contained i

in the requests for rehearing in both Maryland and the District of Columbia, do not change the information provided to the NRC on which its October 18,1996, Order was based.

The staff has considered the foregoing request of November 21,1997, and has determined that BGE has demonstrated good cause to extend the effectiveness of the Order of October 18,1996, approving the license transfers.

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Accordingly, pursuant to Sections 161b and 1611 of the Atomic Energy Act, as amended, i

42 USC $$ 2201(b) and 2201(l), IT IS HEREBY ORDERED that the effectiveness of the Order of October 18,1996, approving the transfer of the licenses described herein is extended such that if the subject transfer of licenses is not consummated by December 31,1998, the Order of October 18,1996, shall become null and void, This Order is effective upon issuance.

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For further details with respect to this action see the letter dated November 21,1997, l

from BGE which is available for public inge: tion at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the Calvert County Library, Prince Frederick, Maryland 20678.

FOR THE NUCLEAR REGULATORY COMMISSION I

ONice of Nuclear Reactor Regulation

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Cari J. Paperiello, Director l

ONice of Nuclear Material Safety and Safeguards Dated at Rockville, Maryland, this 19th day of December 1997.

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