ML20249A142
| ML20249A142 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 04/30/1998 |
| From: | Collins S, Paperiello C NRC (Affiliation Not Assigned), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | BALTIMORE GAS & ELECTRIC CO. |
| Shared Package | |
| ML20249A143 | List: |
| References | |
| NUDOCS 9806160105 | |
| Download: ML20249A142 (3) | |
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4 7590-01-P UNITED STATES OF AMERICA NWQLEAR REGULATORY COMMISSION in the Matter of
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BALTIMORE GAS ELECTRIC COMPANY
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Docket Nos. 50-317
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50-318 (Calvert Cliffs Nuclear Power
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and 72-8 Plant, Units 1 and 2, and the
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. Independent Spent Fuel Storage
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installation)
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ORDER TERMINATING THE EFFECTIVENESS OF THE APPROVAL OF THE TRANSFER OF LICENSES FOR CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS.1 AND 2 AND THE INDEPENDENT SPENT FUEL STORAGE INSTALLATION I
L Baltimore Gas and Electric Company (BGE) is the licensee for Calvert Cliffs Nuclear l
Power Plant, Unit Nos.1 and 2, and the associated Independent Spent Fuel Storage Installation.
BGE has the exclusive responsibility for the construction, operation, and maintenance of Calvert Cliffs Nuclear Power Plant, Unit Nos.1 and 2 and the Independent Spent Fuel Storage Installation (ISFSI), as reflected in Operating License Nos. DPR-53, DPR-69 and Material License No. SNM-2505, issued on July 31,1974, and November 30,1976, and November 25, 1992, respectively, by the U.S. Nuclear Regulatory Commission (NRC). The facilities are located I
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e on the westem shore of the Chesapeake Bay, in Calvert County, Maryland.
II By Order dated October 18,1996, the Nuclear Ragulatory Commission (the Commission
- or NRC) approved the proposed transfer of Operating Licenses Nos. DPR-53 and DPR-69 for the l-Calvert Cliffs Nuclear Power Plant, Units 1 and 2, and Material License No. SNM-2505 for the Calvert Cliffs ISFSI from BGE to Constellation Energy Corporation. The approval was given in response to an application filed by BGE dated April 5,1996, for consent under Section 50.80 and 72.50 of Title 10 of the Qgie of Federal Regulations (10 CFR 50.80 and 10 CFR 72.50). By its l
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2-terms, the Order of October 18,1996, would become null and void if the transfer of the licenses was not consummated by December 31,1997, unless on application and for good cause shown, such date was extended by the Commission.
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 transfer would remain effective until December 31,1998. According to this submittal, all of the necessary regulatory approvals had been obtained to permit the consummation of the merger between BGE and Potomac Electric Power Company, resulting in Constellation Energy Corporation. BGE asserted, however, that the Maryland and District of Columbia Public Service Commissions attached
- conditions to their approvals that were inconsistent with the respective merger approval applications. ' The companies proposing to merge filed joint requests with the Maryland and District of Columbia Commissions for rehearing of their original orders approving the merger.
According to BGE, an intervenor in the Maryland case appealed the Maryland Commission's Order approving the merger to the Circuit Court in Baltimore County, and this appeal delayed the expected merger process. On December 17,1997, the Commission issued an Order providing that the effectiveness of the Order of October 18,1996, approving the transfer of the licenses described herein was extended such that if the subject transfer of licenses was not consummated by December 31,1998, the Order of October 18,1996, would become null and g.
void.
By letter dated January 30,1998, however, BGE informed the NRC that on December 18, 1997, BGE and the Potomac Electric Power Company (PEPCO) mutually agreed to terminate the proposed merger. In addition, BGE and PEPCO requested, in light of the termination of the merger, that approval of the transfer of licenses be canceled.
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3-111 Upon consideration of BGE's letter dated January 30,1998, and the termination of the proposed merger, the Commission has determined that the approval of the transfer of the
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licenses for Calvert Cliffs Nuclear Power Plant, Unit Nos.1 and 2, and the ISFSI, should be withdrawn. Accordingly, pursuant to Sections 161b and 1611 of the Atomic Energy Act, as amended,42 USC $$2201(b) and 2201(i), it is hereby ordered that the approval of the transfer of l
the licenses described herein is immediately withdrawn, and the Orders dated October 18,1996, and December 19,1997 are null and void.
j This Order is effective upon issuance.
l For further details, with respect to this action, see the letter dated January 30,1998, from l
BGE which is available for public inspection 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 RF.GULATORY COMMISSION ector Office of Nuclear Reactor Regulation 2
Casi J. Pa riello, Director Office of Nuclear Material Safety and Safeguards Dated at Rockville, Maryland, this30ttday of April 1998.
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