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| {{#Wiki_filter:[7590-01-P] | | {{#Wiki_filter:[7590-01-P] |
| NUCLEAR REGULATORY COMMISSION | | NUCLEAR REGULATORY COMMISSION |
| [NRC-2013-0252] | | [NRC-2013-0252] |
| | In the Matter of ) |
| | ) |
| | Nine Mile Point Nuclear Station, LLC ) Docket Nos. 50-220 |
| | ) 50-410 Exelon Generation Company, LLC ) |
| | ) License Nos. DPR-63 (Nine Mile Point Nuclear Station, ) NPF-69 Units 1 and 2) |
| | Order Approving Direct Transfer of Licenses and Conforming Amendments I. |
| | Nine Mile Point Nuclear Power Station, LLC (Nine Mile Point, 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 (Nine Mile Point 1), including an Independent Spent Fuel Storage Installation (ISFSI) with a general license. Nine Mile Point, 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 (Nine Mile Point 2). Long Island Power Authority owns the remaining 18 percent of Nine Mile Point 2. Nine Mile Point 1 and 2 (the facility) is located in Oswego County, New York. |
| | II. |
| | By application dated August 6, 2013, as supplemented by letters and emails dated August 14, 2013, September 23 and 26, 2013, December 17, 2013, January 9, 2014, and February 5, 10, 14, and 21, 2014 (together, the application), Constellation Energy Nuclear Group, LLC (CENG) requested on behalf of itself, its subsidiary, Nine Mile Point, LLC, and Exelon Generation Company, LLC (Exelon Generation) (together, the applicants), that the U.S. |
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| In the Matter of ) ) Nine Mile Point Nuclear Station, LLC ) Docket Nos. 50-220 ) 50-410 Exelon Generation Company, LLC )
| | Nuclear Regulatory Commission (NRC) approve the proposed direct transfer of operating authority of the facility to Exelon Generation. The applicants also requested approval of conforming license amendments that would reflect the proposed transfer of operating authority to Exelon Generation. Prior to the transfer, Exelon Generation was an intermediate 50.01 percent parent company of CENG, which is the parent company owner of Nine Mile Point, LLC. |
| ) License Nos. DPR-63 (Nine Mile Point Nuclear Station, ) NPF-69 Units 1 and 2)
| | After completion of the proposed transfer, Exelon Generation would remain an intermediate parent company and also become the co-licensee of Nine Mile Point, LLC and the operator of Nine Mile Point 1 and 2. Exelon Generation will assume direct licensed responsibility for the operation of the facility and its ISFSI, but the ownership will not be affected. There will be no physical changes to the facility and no adverse changes in day-to-day operations. |
| Order Approving Direct Transfer of Licenses and Conforming Amendments I. Nine Mile Point Nuclear Power Station, LLC (Nine Mile Point, 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 (Nine Mile Point 1), including an Independent Spent Fuel Storage Installation (ISFSI) with a general license. Nine Mile Point, 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 (Nine Mile Point 2). Long Island Power Authority owns the remaining 18 percent of Nine Mile Point 2. Nine Mile Point 1 and 2 (the facility) is located in Oswego County, New York.
| | Approval of the direct transfer of the renewed facility operating licenses and the conforming amendments was requested by the applicants pursuant to Sections 50.80 and 50.90 of Title 10 of the Code of Federal Regulations (10 CFR). A notice entitled, Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials Licenses, and Conforming Amendments Containing Sensitive Unclassified Non-Safeguards Information, was published in the Federal Register on December 26, 2013 (78 FR 78411). No comments or hearing requests were received. |
| II. By application dated August 6, 2013, as supplemented by letters and emails dated August 14, 2013, September 23 and 26, 2013, December 17, 2013, January 9, 2014, and February 5, 10, 14, and 21, 2014 (together, the application), Constellation Energy Nuclear Group, LLC (CENG) requested on behalf of itself, its subsidiary, Nine Mile Point, LLC, and Exelon Generation Company, LLC (Exelon Generation) (together, the applicants), that the U.S. Nuclear Regulatory Commission (NRC) approve the proposed direct transfer of operating authority of the facility to Exelon Generation. The applicants also requested approval of conforming license amendments that would reflect the proposed transfer of operating authority to Exelon Generation. Prior to the transfer, Exelon Generation was an intermediate 50.01 percent parent company of CENG, which is the parent company owner of Nine Mile Point, LLC. After completion of the proposed transfer, Exelon Generation would remain an intermediate parent company and also become the co-licensee of Nine Mile Point, LLC and the operator of Nine Mile Point 1 and 2. Exelon Generation will assume direct licensed responsibility for the operation of the facility and its ISFSI, but the ownership will not be affected. There will be no physical changes to the facility and no adverse changes in day-to-day operations. Approval of the direct transfer of the renewed facility operating licenses and the conforming amendments was requested by the applicants pursuant to Sections 50.80 and 50.90 of Title 10 of the Code of Federal Regulations (10 CFR). A notice entitled, "Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials Licenses, and Conforming Amendments Containing Sensitive Unclassified Non-Safeguards Information," was published in the Federal Register on December 26, 2013 (78 FR 78411). No comments or hearing requests were received. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the NRC shall give its consent in writing. Upon review of the information in the application, and other information before the Commission, the NRC staff has determined that Exelon Generation is qualified to acquire and hold the operating authority under the license previously held by the licensee, and that the transfer of the license, as proposed in the application, is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission, pursuant thereto, subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed conforming amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed conforming amendments will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed conforming amendments will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.
| | Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the NRC shall give its consent in writing. Upon review of the information in the application, and other information before the Commission, the NRC staff has determined that Exelon Generation is qualified to acquire and hold the operating authority under the license previously held by the licensee, and that the transfer of the license, as proposed in the application, is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission, pursuant thereto, subject to the conditions set forth below. The NRC staff has further found that the |
| The findings set forth above are supported by the NRC staff's safety evaluation dated the same day as this Order.
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| III. Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of 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 direct license transfer of the operating authority of the licenses from the licensee to Exelon Generation, as described herein, is approved, subject to the following conditions: 1. The existing E.D.F. International S.A.S. Support Agreement of approximately $145 million, dated November 6, 2009, 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. Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause E.D.F. International S.A.S., or its successors and assigns, to void, cancel, or materially modify the E.D.F. International S.A.S.
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| Support Agreement or cause it to fail to perform, or impair its performance under the E.D.F. International S.A.S. Support Agreement, without the prior written consent of the NRC. Exelon Generation shall inform the NRC in writing no later than 14 days after any funds are provided to or for the CENG subsidiary licensee under the E.D.F. International S.A.S. Support Agreement. 2. Exelon Corporation shall, no later than the time the license transfers occur, enter into a Support Agreement of approximately $245 million with the licensee. The Exelon Corporation Support Agreement shall supersede the Support Agreement provided by Exelon Generation, dated March 12, 2012, in all respects and shall be consistent with the representations contained in the August 6, 2013 transfer application. Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause Exelon Corporation, or its successors and assigns, to void, cancel, or materially modify the Exelon Corporation Support Agreement or cause it to fail to perform, or impair its performance under the Exelon Corporation Support Agreement, without the prior written consent of the NRC. The Exelon Corporation 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 Exelon Corporation Support Agreement shall be submitted to the NRC no later than 30 days after the completion of the proposed transaction and license transfers. Exelon Generation shall inform the NRC in writing no later than 14 days after any funds are provided to or for the licensee under the Exelon Corporation Support Agreement. 3. Exelon Corporation shall, no later than the time the license transfers occur, provide a parent guarantee in the amount of $165 million to ensure a source of funds for the facility in the event that the existing cash pool between the licensee and CENG is insufficient to cover operating costs. The existing CENG cash pool arrangement shall be consistent with the representations contained in the 2009 Transfer Application dated January 22, 2009 (ADAMS Accession No.
| | application for the proposed license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed conforming amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commissions regulations; the issuance of the proposed conforming amendments will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed conforming amendments will be in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied. |
| ML090290101). Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause Exelon Corporation, or its successors and assigns, to void, cancel or materially modify the parent guarantee or cause it to fail to
| | The findings set forth above are supported by the NRC staffs safety evaluation dated the same day as this Order. |
| | III. |
| | Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of 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 direct license transfer of the operating authority of the licenses from the licensee to Exelon Generation, as described herein, is approved, subject to the following conditions: |
| | : 1. The existing E.D.F. International S.A.S. Support Agreement of approximately |
| | $145 million, dated November 6, 2009, 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. Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause E.D.F. International S.A.S., or its successors and assigns, to void, cancel, or materially modify the E.D.F. International S.A.S. |
| | Support Agreement or cause it to fail to perform, or impair its performance under |
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| perform, or impair its performance under the parent guarantee without the prior written consent of the NRC. 4. Within 14 days of the license transfers, Exelon Generation shall submit to the NRC the Nuclear Operating Services Agreement reflecting the terms set forth in the application dated August 6, 2013. Section 7.1 of the Nuclear Operating Services Agreement may not be modified in any material respect related to financial arrangements that would adversely impact the ability of the licensee to fund safety-related activities authorized by the license without the prior written consent of the Director of the Office of Nuclear Reactor Regulation. 5. Within 10 days of the license transfers, Exelon Generation shall submit to the NRC the amended CENG Operating Agreement reflecting the terms set forth in the application dated August 6, 2013. The amended and restated Operating Agreement may not be modified in any material respect concerning decisionmaking authority over safety, security and reliability without the prior written consent of the Director of the Office of Nuclear Reactor Regulation. 6. At least half the members of the CENG Board of Directors must be U.S. citizens.
| | the E.D.F. International S.A.S. Support Agreement, without the prior written consent of the NRC. Exelon Generation shall inform the NRC in writing no later than 14 days after any funds are provided to or for the CENG subsidiary licensee under the E.D.F. International S.A.S. Support Agreement. |
| : 7. The CENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the CENG Board of Directors must be U.S. citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure that the business and activities of CENG with respect to the facility's license are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. 8. CENG will retain its Nuclear Advi sory Committee (NAC) composed of U.S. citizens who are not officers, directors, or employees of CENG, EDF Inc., Constellation Nuclear, LLC, or CE Nuclear, LLC. The NAC will report to, and provide transparency to, the NRC and other U.S. governmental agencies regarding foreign ownership and control of nuclear operations. 9. The NAC 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 CENG. The NAC report shall be submitted to the NRC within 30 days of completion, or by January 31 of each year (whichever occurs first). No action shall be taken by CENG or any entity to cause Constellation Nuclear, LLC, Exelon Generation, or their parent companies, subsidiaries or successors to modify the NAC report before submittal to the NRC. The NAC 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." 10. Before completion of the direct transfer of Nine Mile Point 1 and 2 licenses, Exelon Generation shall provide the Director of the Office of Nuclear Reactor Regulation satisfactory documentary evidence that the licensees have obtained the appropriate amount of primary and secondary insurance, and have complied with the requirements of 10 CFR Part 140 of the Commission's regulations. | | : 2. Exelon Corporation shall, no later than the time the license transfers occur, enter into a Support Agreement of approximately $245 million with the licensee. The Exelon Corporation Support Agreement shall supersede the Support Agreement provided by Exelon Generation, dated March 12, 2012, in all respects and shall be consistent with the representations contained in the August 6, 2013 transfer application. Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause Exelon Corporation, or its successors and assigns, to void, cancel, or materially modify the Exelon Corporation Support Agreement or cause it to fail to perform, or impair its performance under the Exelon Corporation Support Agreement, without the prior written consent of the NRC. The Exelon Corporation 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 Exelon Corporation Support Agreement shall be submitted to the NRC no later than 30 days after the completion of the proposed transaction and license transfers. Exelon Generation shall inform the NRC in writing no later than 14 days after any funds are provided to or for the licensee under the Exelon Corporation Support Agreement. |
| IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the license amendments that make changes, as indicated in Enclosure 2 to the cover letter forwarding this
| | : 3. Exelon Corporation shall, no later than the time the license transfers occur, provide a parent guarantee in the amount of $165 million to ensure a source of funds for the facility in the event that the existing cash pool between the licensee and CENG is insufficient to cover operating costs. The existing CENG cash pool |
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| Order, to conform the licenses to reflect the subject direct transfer, are approved. The license amendments shall be issued and made effective at the time the proposed direct transfer action is consummated. IT IS FURTHER ORDERED that after receipt of all required regulatory approvals for the proposed direct transfer action, Exelon Generation shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business day prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within one year of this Order's date of issuance, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by order. This Order is effective upon issuance. For further details with respect to this Order, see the application and the non-proprietary safety evaluation dated the same date as this Order, which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Room O-1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are a ccessible electronically through Agencywide Documents Access and Management System (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's PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail to
| | arrangement shall be consistent with the representations contained in the 2009 Transfer Application dated January 22, 2009 (ADAMS Accession No. |
| | ML090290101). Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause Exelon Corporation, or its successors and assigns, to void, cancel or materially modify the parent guarantee or cause it to fail to perform, or impair its performance under the parent guarantee without the prior written consent of the NRC. |
| | : 4. Within 14 days of the license transfers, Exelon Generation shall submit to the NRC the Nuclear Operating Services Agreement reflecting the terms set forth in the application dated August 6, 2013. Section 7.1 of the Nuclear Operating Services Agreement may not be modified in any material respect related to financial arrangements that would adversely impact the ability of the licensee to fund safety-related activities authorized by the license without the prior written consent of the Director of the Office of Nuclear Reactor Regulation. |
| | : 5. Within 10 days of the license transfers, Exelon Generation shall submit to the NRC the amended CENG Operating Agreement reflecting the terms set forth in the application dated August 6, 2013. The amended and restated Operating Agreement may not be modified in any material respect concerning decisionmaking authority over safety, security and reliability without the prior written consent of the Director of the Office of Nuclear Reactor Regulation. |
| | : 6. At least half the members of the CENG Board of Directors must be U.S. citizens. |
| | : 7. The CENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the CENG Board of Directors must be U.S. citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure that the business and activities of CENG with respect to the facilitys license are at all |
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| pdr.resource@nrc.gov. Dated at Rockville, Maryland this 25 day of March 2014.
| | times conducted in a manner consistent with the public health and safety and common defense and security of the United States. |
| FOR THE NUCLEAR REGULATORY COMMISSION
| | : 8. CENG will retain its Nuclear Advisory Committee (NAC) composed of U.S. |
| | citizens who are not officers, directors, or employees of CENG, EDF Inc., |
| | Constellation Nuclear, LLC, or CE Nuclear, LLC. The NAC will report to, and provide transparency to, the NRC and other U.S. governmental agencies regarding foreign ownership and control of nuclear operations. |
| | : 9. The NAC 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 CENG. The NAC report shall be submitted to the NRC within 30 days of completion, or by January 31 of each year (whichever occurs first). No action shall be taken by CENG or any entity to cause Constellation Nuclear, LLC, Exelon Generation, or their parent companies, subsidiaries or successors to modify the NAC report before submittal to the NRC. |
| | The NAC 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. |
| | : 10. Before completion of the direct transfer of Nine Mile Point 1 and 2 licenses, Exelon Generation shall provide the Director of the Office of Nuclear Reactor Regulation satisfactory documentary evidence that the licensees have obtained the appropriate amount of primary and secondary insurance, and have complied with the requirements of 10 CFR Part 140 of the Commissions regulations. |
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| /ra/ | | IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the license amendments that make changes, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the licenses to reflect the subject direct transfer, are approved. The license amendments shall be issued and made effective at the time the proposed direct transfer action is consummated. |
| | IT IS FURTHER ORDERED that after receipt of all required regulatory approvals for the proposed direct transfer action, Exelon Generation shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business day prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within one year of this Orders date of issuance, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by order. |
| | This Order is effective upon issuance. |
| | For further details with respect to this Order, see the application and the non-proprietary safety evaluation dated the same date as this Order, which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Room O-1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through Agencywide Documents Access and Management System (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 NRCs PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail to pdr.resource@nrc.gov. |
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| | Dated at Rockville, Maryland this 25 day of March 2014. |
| | FOR THE NUCLEAR REGULATORY COMMISSION |
| | /ra/ |
| Eric J. Leeds, Director Office of Nuclear Reactor Regulation}} | | Eric J. Leeds, Director Office of Nuclear Reactor Regulation}} |
Letter Sequence Other |
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TAC:MF2586, Control Room Habitability (Approved, Closed) TAC:MF2587, Control Room Habitability (Approved, Closed) |
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MONTHYEARML0414902132004-05-26026 May 2004 Transmittal of Nine Mile Point Units 1 & 2 Application for Renewed Operating Licenses, Including Environmental Report Project stage: Request ML0430003332004-10-26026 October 2004 to Audit and Review Plan for Plant Aging Management Reviews and Programs for the Nine Mile Point Nuclear Station, Units 1 and 2. Project stage: Other ML0432105802004-11-15015 November 2004 Audit and Review Plan for Plant Aging Management Reviews and Programs for the Nine Mile Point Nuclear Station, Units 1 and 2 (TAC Nos MC3272 and MC3273.) Project stage: Other ML0504601382005-02-14014 February 2005 Summary of a Conference Call Between the U.S. Nuclear Regulatory Commission and the Constellation Energy Group Inc. Concerning the Review of the Nine Mile Point Nuclear Station, Units 1 and 2 Project stage: Approval ML0516500862005-06-0909 June 2005 Presentation Slides, Nine Mile Point, Units 1 and 2, LRA Status Update Project stage: Other ML0516704462005-06-16016 June 2005 Summary of Meeting Held on June 9, 2005, Between the U.S. Nuclear Regulatory Commission (NRC) Staff and the Constellation Energy Group, Inc. Representatives to Discuss the Status of Their Recovery Effort, Nine Mile Point Nuclear Station, Un Project stage: Meeting ML0529702752005-10-20020 October 2005 E-mail from Ngoc Le of NRC to David Dellario Regarding the Audit and Review Plan for Plant Aging Management Programs and Reviews for Nine Mile Point Nuclear Station, Units 1 and 2 Project stage: Acceptance Review ML0536300522005-12-13013 December 2005 License Renewal Application (LRA) - Editorial Changes to Letter NMP1L 2005 and NMP1L 2007 Project stage: Other ML0601301972006-01-11011 January 2006 Amended License Renewal Application - Responses to NRC Requests for Additional Information - Sections 3.4 and 4.7 Project stage: Response to RAI ML0601802052006-01-18018 January 2006 1/18/06 - Audit and Review Report for the Nine Mile Point Nuclear Station, Units 1 and 2, Amended License Renewal Application (TAC Nos. MC3272 and MC3273 Project stage: Other ML0602200092006-01-18018 January 2006 Summary of Meeting with the Constellation Energy Group Inc. to Discuss Results of the Staff Audit of the Aging Management Programs and Reviews for Nine Mile Point, Units 1 and 2 Project stage: Meeting ML0605807582006-03-0303 March 2006 Safety Evaluation Report for the Nine Mile Point Nuclear Station, Units 1 and 2, License Renewal Application Project stage: Approval ML0605807562006-03-0303 March 2006 Transmittal Letter - Safety Evaluation Report for the Nine Mile Point Nuclear Station, Units 1 and 2, License Renewal Application Project stage: Approval ML0609504132006-03-23023 March 2006 SER Open Item 4.7B.1-1 and Closure of Amended License Renewal Application (Alra) Section A2.4, Commitment 39 - Biological Shield Wall Neutron Fluence Analysis Project stage: Other ML0608905792006-03-29029 March 2006 01/23/2006 Summary of a Telephone Conference Call Held Between the U.S. Nuclear Regulatory Commission and the Constellation Energy Group, Inc. Concerning the Review for the Nine Mile Point, Units 1 & 2, License Renewal Application Project stage: Other ML0609406222006-03-29029 March 2006 Email (3/29/06) from Peter Mazzaferro to Ngoc (Tommy) B. Le NMP2 Bioshield Fluence Calc Info Project stage: Other ML0610201662006-04-0303 April 2006 Safety Evaluation Report with Open Items Related to the License Renewal of Nine Mile Point, Dated March 2006 - NMPNS Comments (TAC Nos. MC3272 and MC3273) Project stage: Other ML0609405772006-04-0404 April 2006 Note to File - Docketing of Additional Information Pertaining to License Renewal Application of the Nine Mile Point Nuclear Station, Units 1 and 2 (TAC Nos. MC3272 and MC3273) Project stage: Other ML0610201542006-04-0404 April 2006 Safety Evaluation Report (Ser), with Open Items Related to the License Renewal Dated March 2006 - SER Open Item 3.0.3.2.17-1 Project stage: Other ML0610900642006-04-18018 April 2006 Note to File - Docketing of Additional Information Pertaining to License Renewal Application of the Nine Mile Point Nuclear Station, Units 1 and 2 (TAC No'S. MC3272 and MC3273) Project stage: Other ML0610901062006-04-19019 April 2006 Request for Additional Information, Review of Nine Mile Point Nuclear Station, Units 1 and 2, License Renewal Application (TAC Nos. MC3272 and MC3273) Project stage: RAI ML0612205952006-04-21021 April 2006 Amended License Renewal Application - NRC Request for Additional Information (RAI) 4.7.5. A-1 Project stage: Request ML0614603132006-06-0101 June 2006 Safety Evaluation Report Related to the License Renewal of the Nine Mile Point Nuclear Station, Units 1 and 2 (TAC Nos. MC3272 and MC3273) Project stage: Approval ML0611802422006-06-0101 June 2006 Ltr to Timothy O' Connor - Final Safety Evaluation Report Related to the License Renewal of the Nine Mile Point Nuclear Station, Units 1 and 2 (TAC Nos. MC3272 and MC3273) Project stage: Approval ML0619800502006-07-13013 July 2006 03/27/2006 Summary of Meeting Between U.S. Nuclear Regulatory Commission Staff & Constellation Energy Group Inc. Representatives to Discuss Status of Open Item 3.0.3.2.17-1 for Nine Mile Point Nuclear Station, Units 1 & 2, License Renewal A Project stage: Meeting ML0628303072006-10-31031 October 2006 LLC Docket No. 50-220 Nine Mile Point Nuclear Station, Unit 1 Renewed Facility Operating License Renewed License No. DPR-63 Project stage: Other ML0628303172006-10-31031 October 2006 LLC Docket No. 50-410 Nine Mile Point Nuclear Station, Unit 2 Renewed Facility Operating License Renewed License No. NPF-69 Project stage: Other ML0628304332006-10-31031 October 2006 Federal Register Notice for Nine Mile Point Nuclear, LLC Nine Mile Point Nuclear Station Units 1 and 2, Notice of Issuance of Renewed Facility Operating License Nos. DPR-63 and NPF-69 for an Additional 20-Year Period Project stage: Approval ML0628302732006-10-31031 October 2006 Issuance of Renewed Facility Operating License Nos. DPR-63 and NPF-69 for the Nine Mile Point Nuclear Station, Units 1 and 2 Project stage: Approval ML0825302502008-08-29029 August 2008 Request to Utilize an Alternative to the Requirements of 10 CFR 50.55a(g) for the Repair and Inservice Inspection of Control Rod Drive Stub Tubes for the License Renewal Period of Extended Operation Project stage: Other ML1106802912011-03-0404 March 2011 Request to Utilize an Alternative to the Requirements of 10CFR50.55a(g) for Repair of Control Rod Drive Housing Penetrations for the Remainder of License Renewal Period of Extended Operation Project stage: Other ML1106802892011-03-0404 March 2011 Areva Calculation No. 32-9138066-000, NMP-1 CRD Housing Idtb Weld Anomaly Analysis. (Non-Proprietary) Project stage: Other ML13256A3642013-09-17017 September 2013 Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, and R.E. Ginna Nuclear Power Plant - Acceptance of Requested Licensing Action Regarding Direct License Transfer (TAC MF2584 - MF2588) Project stage: Acceptance Review ML13269A3122013-10-0202 October 2013 Request for Withholding Information from Public Disclosure for Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, and R.E. Ginna Nuclear Power Plant (TAC Nos. MF2584, MF2585, MF2586, M Project stage: Withholding Request Acceptance ML13294A0392013-11-0707 November 2013 Notice of Consideration of Approval of Transfer of Renewed Facility Operating Licenses and Conforming Amendments,.. Project stage: Other ML13337A3902013-12-0505 December 2013 Request for Additional Information Regarding Order Approving Direct Transfer of Renewed Facility Operating License and Conforming Amendments Project stage: RAI ML13294A0702013-12-18018 December 2013 Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials Licenses, and Conforming Amendments Containing SUNSI Project stage: Request ML14050A3712014-02-0505 February 2014 Supplemental Response to Nrc'S Requests for Additional Information Regarding Application for Order Approving Transfer of Operating Authority and Conforming License Amendments Project stage: Supplement ML14106A0532014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments Project stage: Acceptance Review ML14063A1842014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments Project stage: Other ML14078A5942014-03-25025 March 2014 Enclosure 2 - Conforming Amendments to Nine Mile Point License Project stage: Other ML14078A6072014-03-25025 March 2014 Draft License Pages Project stage: Draft Other ML14091A3232014-04-0101 April 2014 Issuance of Amendments to Conform the Renewed Facility Operating Licenses and Materials License to Reflect the Direct Transfer of Operating Authority Project stage: Approval ML14105A1362014-05-0808 May 2014 Request for Withholding Information from Public Disclosure for Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, and R.E. Ginna Nuclear Power Plant Project stage: Withholding Request Acceptance ML14148A1142014-07-16016 July 2014 Correction Letter - Correction to the Title Page of the Renewed Facility Operating License No. NPF-69 and Change in the Title Page of the Current License No. NPF-69 Project stage: Other 2006-04-21
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Category:Federal Register Notice
MONTHYEARML24044A0732024-02-28028 February 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - January 2024 ML21294A3762021-11-16016 November 2021 Federal Register Notice for Order Approving Indirect Transfer of Licenses ML21145A0152021-05-26026 May 2021 FRN Exelon License Transfer - Extend Comment Period 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 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 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, 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, 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 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 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 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 2024-02-28
[Table view] 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
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Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0252]
In the Matter of )
)
Nine Mile Point Nuclear Station, LLC ) Docket Nos. 50-220
) 50-410 Exelon Generation Company, LLC )
) License Nos. DPR-63 (Nine Mile Point Nuclear Station, ) NPF-69 Units 1 and 2)
Order Approving Direct Transfer of Licenses and Conforming Amendments I.
Nine Mile Point Nuclear Power Station, LLC (Nine Mile Point, 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 (Nine Mile Point 1), including an Independent Spent Fuel Storage Installation (ISFSI) with a general license. Nine Mile Point, 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 (Nine Mile Point 2). Long Island Power Authority owns the remaining 18 percent of Nine Mile Point 2. Nine Mile Point 1 and 2 (the facility) is located in Oswego County, New York.
II.
By application dated August 6, 2013, as supplemented by letters and emails dated August 14, 2013, September 23 and 26, 2013, December 17, 2013, January 9, 2014, and February 5, 10, 14, and 21, 2014 (together, the application), Constellation Energy Nuclear Group, LLC (CENG) requested on behalf of itself, its subsidiary, Nine Mile Point, LLC, and Exelon Generation Company, LLC (Exelon Generation) (together, the applicants), that the U.S.
Nuclear Regulatory Commission (NRC) approve the proposed direct transfer of operating authority of the facility to Exelon Generation. The applicants also requested approval of conforming license amendments that would reflect the proposed transfer of operating authority to Exelon Generation. Prior to the transfer, Exelon Generation was an intermediate 50.01 percent parent company of CENG, which is the parent company owner of Nine Mile Point, LLC.
After completion of the proposed transfer, Exelon Generation would remain an intermediate parent company and also become the co-licensee of Nine Mile Point, LLC and the operator of Nine Mile Point 1 and 2. Exelon Generation will assume direct licensed responsibility for the operation of the facility and its ISFSI, but the ownership will not be affected. There will be no physical changes to the facility and no adverse changes in day-to-day operations.
Approval of the direct transfer of the renewed facility operating licenses and the conforming amendments was requested by the applicants pursuant to Sections 50.80 and 50.90 of Title 10 of the Code of Federal Regulations (10 CFR). A notice entitled, Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials Licenses, and Conforming Amendments Containing Sensitive Unclassified Non-Safeguards Information, was published in the Federal Register on December 26, 2013 (78 FR 78411). No comments or hearing requests were received.
Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the NRC shall give its consent in writing. Upon review of the information in the application, and other information before the Commission, the NRC staff has determined that Exelon Generation is qualified to acquire and hold the operating authority under the license previously held by the licensee, and that the transfer of the license, as proposed in the application, is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission, pursuant thereto, subject to the conditions set forth below. The NRC staff has further found that the
application for the proposed license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed conforming amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commissions regulations; the issuance of the proposed conforming amendments will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed conforming amendments will be in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.
The findings set forth above are supported by the NRC staffs safety evaluation dated the same day as this Order.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of 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 direct license transfer of the operating authority of the licenses from the licensee to Exelon Generation, as described herein, is approved, subject to the following conditions:
- 1. The existing E.D.F. International S.A.S. Support Agreement of approximately
$145 million, dated November 6, 2009, 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. Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause E.D.F. International S.A.S., or its successors and assigns, to void, cancel, or materially modify the E.D.F. International S.A.S.
Support Agreement or cause it to fail to perform, or impair its performance under
the E.D.F. International S.A.S. Support Agreement, without the prior written consent of the NRC. Exelon Generation shall inform the NRC in writing no later than 14 days after any funds are provided to or for the CENG subsidiary licensee under the E.D.F. International S.A.S. Support Agreement.
- 2. Exelon Corporation shall, no later than the time the license transfers occur, enter into a Support Agreement of approximately $245 million with the licensee. The Exelon Corporation Support Agreement shall supersede the Support Agreement provided by Exelon Generation, dated March 12, 2012, in all respects and shall be consistent with the representations contained in the August 6, 2013 transfer application. Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause Exelon Corporation, or its successors and assigns, to void, cancel, or materially modify the Exelon Corporation Support Agreement or cause it to fail to perform, or impair its performance under the Exelon Corporation Support Agreement, without the prior written consent of the NRC. The Exelon Corporation 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 Exelon Corporation Support Agreement shall be submitted to the NRC no later than 30 days after the completion of the proposed transaction and license transfers. Exelon Generation shall inform the NRC in writing no later than 14 days after any funds are provided to or for the licensee under the Exelon Corporation Support Agreement.
- 3. Exelon Corporation shall, no later than the time the license transfers occur, provide a parent guarantee in the amount of $165 million to ensure a source of funds for the facility in the event that the existing cash pool between the licensee and CENG is insufficient to cover operating costs. The existing CENG cash pool
arrangement shall be consistent with the representations contained in the 2009 Transfer Application dated January 22, 2009 (ADAMS Accession No.
ML090290101). Nine Mile Point, LLC, CENG, or Exelon Generation shall not take any action to cause Exelon Corporation, or its successors and assigns, to void, cancel or materially modify the parent guarantee or cause it to fail to perform, or impair its performance under the parent guarantee without the prior written consent of the NRC.
- 4. Within 14 days of the license transfers, Exelon Generation shall submit to the NRC the Nuclear Operating Services Agreement reflecting the terms set forth in the application dated August 6, 2013. Section 7.1 of the Nuclear Operating Services Agreement may not be modified in any material respect related to financial arrangements that would adversely impact the ability of the licensee to fund safety-related activities authorized by the license without the prior written consent of the Director of the Office of Nuclear Reactor Regulation.
- 5. Within 10 days of the license transfers, Exelon Generation shall submit to the NRC the amended CENG Operating Agreement reflecting the terms set forth in the application dated August 6, 2013. The amended and restated Operating Agreement may not be modified in any material respect concerning decisionmaking authority over safety, security and reliability without the prior written consent of the Director of the Office of Nuclear Reactor Regulation.
- 6. At least half the members of the CENG Board of Directors must be U.S. citizens.
- 7. The CENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the CENG Board of Directors must be U.S. citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure that the business and activities of CENG with respect to the facilitys license are at all
times conducted in a manner consistent with the public health and safety and common defense and security of the United States.
- 8. CENG will retain its Nuclear Advisory Committee (NAC) composed of U.S.
citizens who are not officers, directors, or employees of CENG, EDF Inc.,
Constellation Nuclear, LLC, or CE Nuclear, LLC. The NAC will report to, and provide transparency to, the NRC and other U.S. governmental agencies regarding foreign ownership and control of nuclear operations.
- 9. The NAC 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 CENG. The NAC report shall be submitted to the NRC within 30 days of completion, or by January 31 of each year (whichever occurs first). No action shall be taken by CENG or any entity to cause Constellation Nuclear, LLC, Exelon Generation, or their parent companies, subsidiaries or successors to modify the NAC report before submittal to the NRC.
The NAC 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.
- 10. Before completion of the direct transfer of Nine Mile Point 1 and 2 licenses, Exelon Generation shall provide the Director of the Office of Nuclear Reactor Regulation satisfactory documentary evidence that the licensees have obtained the appropriate amount of primary and secondary insurance, and have complied with the requirements of 10 CFR Part 140 of the Commissions regulations.
IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the license amendments that make changes, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the licenses to reflect the subject direct transfer, are approved. The license amendments shall be issued and made effective at the time the proposed direct transfer action is consummated.
IT IS FURTHER ORDERED that after receipt of all required regulatory approvals for the proposed direct transfer action, Exelon Generation shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business day prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within one year of this Orders date of issuance, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the application and the non-proprietary safety evaluation dated the same date as this Order, which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Room O-1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through Agencywide Documents Access and Management System (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 NRCs 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 25 day of March 2014.
FOR THE NUCLEAR REGULATORY COMMISSION
/ra/
Eric J. Leeds, Director Office of Nuclear Reactor Regulation