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Category:Order
MONTHYEARML22021B6592022-02-0101 February 2022 Issuance of Amendments Related to Order Approving Transfer of Licenses (EPID L-2022-LLM-0000) (Letter) ML22021B6602022-02-0101 February 2022 Issuance of Amendments Related to Order Approving Transfer of Licenses (EPID L-2022-LLM-0000)-Enclosure 1 ML21277A1922021-11-16016 November 2021 Enclosure 1, Order Approving Transfer of Licenses and Draft Conforming License Amendments ML14126A4382014-05-20020 May 2014 Facility Operating and Combined Licenses: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acces ML14063A1842014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments ML14106A0532014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13038A1142013-06-0505 June 2013 Issuance of Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of Atomic Energy Act of 1954, as Amen NRC-2009-0193, FRN: General Notice. Order Approving Application Regarding Proposed Corporate Merger and Indirect Transfer of Licenses2012-02-15015 February 2012 FRN: General Notice. Order Approving Application Regarding Proposed Corporate Merger and Indirect Transfer of Licenses ML1203400312012-02-15015 February 2012 FRN: General Notice. Order Approving Application Regarding Proposed Corporate Merger and Indirect Transfer of Licenses ML0933103652009-11-30030 November 2009 Correction Letter to Pages of Enclosure 1 of the October 30, 2009, Order Approving the Transfer of Licenses for NMPNS, Unit Nos. 1 and 2 ML0930006352009-10-30030 October 2009 Order Superceding October 9, 2009, Order Approving License Transfer Constellation Edf Development ML0930006342009-10-30030 October 2009 Revised Letter Approving License Transfer Constellation Edf Development ML0925706232009-10-0909 October 2009 Order Approving License Transfer Constellation Edf Development ML0925706142009-10-0909 October 2009 Letter Approving License Transfer Constellation Edf Development ML0615202252006-08-0303 August 2006 Order Approving Application Regarding Indirect License Transfers ML0309401982003-04-29029 April 2003 Issuance of Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel ML0309106252003-04-29029 April 2003 EA-03-039, Addressee List, (Order Issued by Program Office or OE for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Per 2022-02-01
[Table view] Category:Federal Register Notice
MONTHYEARML21294A3762021-11-16016 November 2021 Federal Register Notice for Order Approving Indirect Transfer of Licenses ML21145A0142021-05-26026 May 2021 Fleet and the Associated Independent Spent Fuel Storage Installations - Extension of Comment Period for Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing EPID L-2021-L ML21145A0152021-05-26026 May 2021 FRN Exelon License Transfer - Extend Comment Period ML21102A0752021-04-28028 April 2021 Fleet - Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity for a Hearing (FRN) ML21061A0672021-04-13013 April 2021 FRN, Exemption from the Requirements of 10 CFR 2.109(b) Related to Submission of Subsequent License Renewal Application ML21060A5962021-03-0909 March 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding 10 CFR Part 26 for February 2021 ML20269A2002020-09-30030 September 2020 Request to Use a Provision of Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI (EPID L2020-LLR-0117 ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20156A4002020-06-30030 June 2020 Individual Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, Opportunity for Hearing ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML19337A0312019-12-11011 December 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 12/17/2019 ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 ML18351A0022019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 NRC-2018-0287, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/20192019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 ML18304A3042018-11-23023 November 2018 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing NRC-2018-0262, Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing2018-11-23023 November 2018 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing ML18002A3812018-01-24024 January 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: February 6, NRC-2018-0011, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: Februar2018-01-24024 January 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: February 6, ML17143A1182017-05-24024 May 2017 FRN Individual Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Sig. Hazards Consideration, and Opportunity for Hearing (CAC Nos. MF9720-21) ML16271A0922016-09-28028 September 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: October 11, 2016 NRC-2016-0202, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 20162016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16257A5172016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16004A1182016-01-0707 January 2016 FRN, Issuance of Confirmatory Orders, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 ML15320A2842015-12-0808 December 2015 Final Environmental Assessment and Finding of No Significant Impact Related to Preemption Authority Requests ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15279A3362015-10-23023 October 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: November 3, NRC-2015-0240, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: Novemb2015-10-23023 October 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: November 3, ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 ML15148A3762015-06-0101 June 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Published June 9, 2015 ML15120A2272015-05-0101 May 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 12, 2015 NRC-2015-0009, G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units2015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6302015-01-15015 January 2015 G20110262 - Final Response to Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6482015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14303A3812014-10-31031 October 2014 Biweekly Sholly FRN - Application and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: November 12, 2014 NRC-2014-0228, Federal Register Notice License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 22014-10-21021 October 2014 Federal Register Notice License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 2 ML14282A6282014-10-21021 October 2014 Federal Register Notice License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 2 ML14189A6652014-07-24024 July 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information - August 5, 2014 ML14126A4382014-05-20020 May 2014 Facility Operating and Combined Licenses: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acces ML14063A1842014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments ML13294A0702013-12-18018 December 2013 Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials Licenses, and Conforming Amendments Containing SUNSI ML13294A0392013-11-0707 November 2013 Notice of Consideration of Approval of Transfer of Renewed Facility Operating Licenses and Conforming Amendments,.. ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13121A4592013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended NRC-2013-0127, Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended2013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0069, Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark Ii Containments2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark Ii Containments 2021-05-26
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7590-01-P NUCLEAR REGULATORY COMMISSION [NRC-2009-0193]
In the Matter of ) ) EXELON CORPORATION ) ) CONSTELLATION ENERGY )
GROUP, INC. ) ) NINE MILE NUCLEAR STATION, LLC ) ) Nine Mile Point Nuclear Station, ) Docket Nos. 50-220 and 50-410 Units 1 and 2 ) License Nos. DPR-63 and NPF-69 )
ORDER APPROVING APPLICATION REGARDING PROPOSED CORPORATE MERGER AND INDIRECT TRANSFER OF LICENSES I. Nine Mile Point Nuclear Station, LLC (NMPNS, LLC, or the licensee) is the holder of Renewed Facility Operating License No. DPR-63, which authorizes the possession, use, and operation of Nine Mile Point Nuclear Station, Unit 1. NMPNS, LLC is also the 82 percent owner and the licensed operator of Renewed Facility Operating License No. NPF-69, which authorizes the possession, use, and operation of Nine Mile Point Nuclear Station, Unit 2. Long Island Power Authority owns the remaining 18 percent of Nine Mile Point Nuclear Station, Unit 2. The facilities are located at the licensee's site in Oswego County, New York. II. By letter dated May 12, 2011, as supplemented on June 17, August 12, October 13, November 10, November 11, November 18, and November 22, 2011, and January 19, and January 25, 2012 (collectively, the application), Exelon Generation Company, LLC (Exelon Generation), acting on behalf of itself, Exelon Corporation (Exelon), and Exelon Ventures Company, LLC (Exelon Ventures), and Constellation Energy Nuclear Group, LLC (CENG), acting on behalf of itself, and the licensee, requested that the U.S. Nuclear Regulatory Commission (NRC, the Commission), pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.80, consent to the proposed indirect license transfer of Renewed Facility Operating License Nos. DPR-63 and NPF-69, to the extent held by NMPNS, LLC, that would be effected by the indirect transfer of control of the ownership and operating interests in NMPNS, LLC.
Long Island Power Authority is unaffected by the merger and associated indirect license transfers. The transfers being sought are a result of the proposed merger between Exelon and one of CENG's parent companies, Constellation Energy Group, Inc. (CEG), whereby CEG would be merged into Exelon and ownership of CEG's 50.01 percent of CENG would be transferred to Exelon. The remaining 49.99 percent ownership of CENG is held by EDF, Inc. The licensee is a direct wholly owned subsidiary of Constellation Nuclear Power Plants, LLC, which, in turn, is a direct wholly owned subsidiary of CENG. The proposed merger will be accomplished in several steps and the involvement of the following entities: CEG, Exelon, Exelon Generation, Exelon Ventures, Bolt Acquisition Corporation (Bolt) (an Exelon subsidiary formed for the sole purpose of merging with CEG), and Constellation Nuclear, LLC (CNL) (a wholly owned subsidiary of CEG and intermediate parent company of NMPNS, LLC). Following the closing of the transfers, Exelon will be the ultimate parent company of CNL, CENG, and the licensee. Exelon Ventures and Bolt are direct wholly owned subsidiaries of Exelon. Exelon Generation is a direct wholly owned subsidiary of Exelon Ventures. First, the acquisition of CEG by Exelon will be effected by the merger of Bolt with and into CEG, with CEG being the surviving corporation. As a result of the merger, CEG will be a direct wholly owned subsidiary of Exelon, and former CEG shareholders will become shareholders of Exelon. Immediately after the merger, CEG will distribute to Exelon, as a dividend, 100 percent of the equity interests of several companies unrelated to CEG's nuclear and other generation business, including Baltimore Gas and Electric Company. Second, and concurrent with the distribution of CEG's equity interests in RF HoldCo LLC (the holding company for Baltimore Gas and Electric Company), CEG will merge into Exelon, resulting in the termination of CEG's corporate existence. Exelon will then contribute 100 percent of its equity interest in CEG to Exelon Ventures, which, in turn, will contribute the equity interest to Exelon Generation, resulting in CEG becoming a direct wholly owned subsidiary of Exelon Generation. CEG will then cease to exist, making CNL a direct wholly owned subsidiary of Exelon Generation. Exelon will indirectly own 100 percent of CNL through its wholly owned subsidiary, Exelon Generation.
1 CNL, through wholly owned subsidiaries, has a 50.01 percent ownership interest in CENG; EDF Inc. has a 49.99 percent ownership interest in CENG. EDF Inc. is a U.S.
corporation organized under the laws of the State of Delaware and is a wholly owned subsidiary of E.D.F. International SAS, a limited company organized under the laws of France, which is, in turn, a wholly owned subsidiary of Electricité de France SA, a French limited company. As a result of the merger, CNL, as a direct subsidiary of Exelon Generation, will continue to indirectly hold a 50.01 percent ownership interest in CENG; EDF Inc. will continue to have a 49.99 percent ownership interest in CENG. EDF Inc.'s 49.99 percent ownership interest in CENG is unaffected by the merger of Exelon and CEG and associated indirect license transfers. No physical changes to the facilities or operational changes are being proposed in the application. Notice of the request for approval and opportunity for a hearing was published in the Federal Register on July 7, 2011 (76 FR 39910). No comments or hearing requests were received.
1 See Revised Figure 3, "Post-Transaction Final Organization," from letter dated November 11, 2011.
Pursuant to 10 CFR 50.80(a), no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. Upon review of the information in the application as supplemented and other information before the Commission, and relying upon the representations and agreements in the application, the NRC staff has determined that the proposed indirect transfer of control of the subject licenses held by the licensee to the extent such will result from the proposed merger of CEG and Exelon, as described in the application, will not affect the qualifications of the licensee to hold the respective licenses and is otherwise consistent with the applicable provisions of law, regulations, and Orders issued by the NRC pursuant thereto, subject to the conditions set forth below. The findings set forth above are supported by a safety evaluation (SE) dated February 15, 2012. III. Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the indirect license transfers related to the proposed corporate merger, as described herein, is approved, subject to the following conditions: 1. All conditions contained in the "Order Superseding Order of October 9, 2009, Approving Application Regarding Proposed Corporate Restructuring," dated October 30, 2009, concerning the corporate restructuring of CENG and associated indirect transfer of control of the operating licenses held by NMPNS, LLC, shall remain in full force and effect and are incorporated herein as if fully set forth, except as they are amended therein.
- 2. The Nuclear Advisory Committee of Constellation Energy Nuclear Group, LLC, shall prepare an Annual Report regarding the status of foreign ownership, control, or domination of the licensed activities of power reactors under the control, in whole or part, of Constellation Energy Nuclear Group, LLC. The Report shall be submitted to the NRC within 30 days of completion of the Nuclear Advisory Committee Report, or by January 31 of each year (whichever occurs first). No action shall be taken by Constellation Energy Nuclear Group, LLC, or any entity to cause Constellation Nuclear, LLC, Exelon Generation, LLC, or their parent companies, subsidiaries or successors to modify the Nuclear Advisory Committee Report before submittal to the NRC. The Report shall be made available to the public, with the potential exception of information that meets the requirements for withholding such information from public disclosure under the regulations of 10 CFR 2.390, "Public Inspections, Exemptions, Requests for Withholding." 3. Records of all votes by EDF Inc., or its representatives, on the Constellation Energy Nuclear Group, LLC, Board of Directors and the use of the Chairman's casting vote will be sent to the Nuclear Advisory Committee and shall be reviewed by the Nuclear Advisory Committee to ensure that no foreign interests have exercised foreign ownership, control, or domination over the licensed activities of Nine Mile Point Nuclear Station, Units 1 and 2, and that no action taken by a foreign interest involved with licensed activities is inimical to the common defense and security. The results of the Nuclear Advisory Committee's review shall be summarized in the Nuclear Advisory Committee Report and shall include discussions of any use of the Chairman's casting vote, determinations whether an exercise of foreign ownership, control, or domination has occurred, or that foreign involvement with licensed activities was inimical to the common defense and security. 4. Exelon Generation, LLC shall enter into the $205 million Support Agreement for Constellation Energy Nuclear Group, LLC, as described in the November 11, 2011, supplement to the May 12, 2011, indirect license transfer application, no later than the time the proposed transactions and indirect license transfers occur. The Exelon Generation, LLC, Support Agreement shall supersede the Support Agreement provided by Constellation Energy Group, Inc., and shall be consistent with the representations contained in the application. Constellation Energy Nuclear Group, LLC, shall take no action to cause Exelon Generation, LLC, or its successors and assigns, to void, cancel, or materially modify the Support Agreement or cause it to fail to perform, or impair its performance under the Support Agreement, without the prior written consent of the NRC. The Support Agreement may not be amended or modified without 30 days prior written notice to the Director of the Office of Nuclear Reactor Regulation or his designee. An executed copy of the Support Agreement shall be submitted to the NRC no later than 30 days after the completion of the proposed merger and the indirect license transfers. Constellation Energy Nuclear Group, LLC, shall inform the NRC in writing no later than 10 days after any funds are provided to Constellation Energy Nuclear Group, LLC, or any of the licensees by Exelon Generation, LLC, under the Support Agreement.
- 5. Upon consummation of the merger, Constellation Energy Nuclear Group, LLC, shall submit to the NRC, the amended and restated Constellation Energy Nuclear Group, LLC, Operating Agreement, reflecting the terms set forth in the Settlement Agreement, including the proposed revisions provided in the January 25, 2012, supplement to the application. The amended and restated Operating Agreement may not be modified in any respect concerning decisionmaking authority over nuclear safety, security, and reliability without the prior written consent of the Director, Office of Nuclear Reactor Regulation. 6. Should the proposed corporate merger not be completed within 1 year from the date of this Order, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by Order. IT IS FURTHER ORDERED that, after receipt of all required regulatory approvals of the proposed indirect transfer action, Exelon Generation shall inform the Director of the Office of Nuclear Reactor Regulation in writing of the date of the closing of the corporate merger of Exelon and CEG. This Order is effective upon issuance.
For further details with respect to this Order, see the initial application dated May 12, 2011 (Agencywide Documents Access and Management System Accession No. ML11138A159), as supplemented by letters dated June 17 (ML11173A067), August 3 (ML112150519), August 12 (ML11234A062), October 13 (ML113050083), November 10 (ML11335A024), November 11 (ML113180265), November 18 (ML11325A258), and November 22, 2011 (ML113260456), and January 19 (ML12019A0346), and January 25, 2012 (ML12032A153), and the SE dated February 15, 2012, which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, MD. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 15 th day of February 2012.
FOR THE NUCLEAR REGULATORY COMMISSION
/ra/ Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation