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| | author name = Lund L | | | author name = Lund L |
| | author affiliation = NRC/NRR/DORL | | | author affiliation = NRC/NRR/DORL |
| | addressee name = Rocheleau D A | | | addressee name = Rocheleau D |
| | addressee affiliation = Central Vermont Public Service Corporation | | | addressee affiliation = Central Vermont Public Service Corporation |
| | docket = 05000029, 05000213, 05000309, 05000423, 07200030, 07200031, 07200039 | | | docket = 05000029, 05000213, 05000309, 05000423, 07200030, 07200031, 07200039 |
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| =Text= | | =Text= |
| {{#Wiki_filter:Enclosure 3 June 15, 2012 | | {{#Wiki_filter:June 15, 2012 Mr. Dale A. Rocheleau Senior Vice President, General Counsel |
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| Mr. Dale A. Rocheleau Senior Vice President, General Counsel | |
| & Corporate Secretary Central Vermont Public Service Corporation 77 Grove St. | | & Corporate Secretary Central Vermont Public Service Corporation 77 Grove St. |
| Rutland, VT 05701 | | Rutland, VT 05701 |
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| ==SUBJECT:== | | ==SUBJECT:== |
| REQUEST FOR THRESHOLD DETERMINATION UNDER 10 CFR 50.80 - THE PROPOSED MERGER BETWEEN CVPS AND GAZ MÉTRO INVOLVING MINORITY COMMON STOCK OWNERSHIP IN MAINE YANKEE ATOMIC COMPANY, CONNECTICUT YANKEE ATOMIC COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY (TAC NO. ME7127) | | REQUEST FOR THRESHOLD DETERMINATION UNDER 10 CFR 50.80 - |
| | THE PROPOSED MERGER BETWEEN CVPS AND GAZ MÉTRO INVOLVING MINORITY COMMON STOCK OWNERSHIP IN MAINE YANKEE ATOMIC COMPANY, CONNECTICUT YANKEE ATOMIC COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY (TAC NO. ME7127) |
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| ==Dear Mr. Rocheleau:== | | ==Dear Mr. Rocheleau:== |
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| By application dated September 9, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11256A051), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) notified the U.S. Nuclear Regulatory Commission (NRC) of a proposed merger between the two companies that would result in a transfer of interests involving NRC licensed facilities. The Application requested that the NRC staff make a threshold determination that the proposed transfer of CVPS' interests in Maine Yankee Atomic Power Company (Maine Yankee), Connecticut Yankee Atomic Power Company (Connecticut Yankee), and Yankee Atomic Electric Company (Yankee Atomic) (collectively, the "Yankee Companies") to Gaz Métro would not constitute a direct or indirect transfer of the licenses that would require NRC approval pursuant to Title 10 of the Code of Federal Regulations (10 CFR) CFR 50.80, "Transfer of licenses." | | By application dated September 9, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11256A051), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) notified the U.S. Nuclear Regulatory Commission (NRC) of a proposed merger between the two companies that would result in a transfer of interests involving NRC licensed facilities. The Application requested that the NRC staff make a threshold determination that the proposed transfer of CVPS interests in Maine Yankee Atomic Power Company (Maine Yankee), Connecticut Yankee Atomic Power Company (Connecticut Yankee), and Yankee Atomic Electric Company (Yankee Atomic) (collectively, the Yankee Companies) to Gaz Métro would not constitute a direct or indirect transfer of the licenses that would require NRC approval pursuant to Title 10 of the Code of Federal Regulations (10 CFR) CFR 50.80, Transfer of licenses. |
| The NRC staff completed its review of the facts and information as set forth in the application, and concludes that the proposed merger between CVPS and Gaz Métro will not constitute a direct or indirect transfer of control of the Maine Yankee, Connecticut Yankee or Yankee Atomic licenses. Therefore, neither Maine Yankee, Connecticut Yankee, nor Yankee Atomic require the NRC's approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80, with respect to the licenses currently held by them in connection with the proposed merger between CVPS and Gaz Metro. | | The NRC staff completed its review of the facts and information as set forth in the application, and concludes that the proposed merger between CVPS and Gaz Métro will not constitute a direct or indirect transfer of control of the Maine Yankee, Connecticut Yankee or Yankee Atomic licenses. Therefore, neither Maine Yankee, Connecticut Yankee, nor Yankee Atomic require the NRCs approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80, with respect to the licenses currently held by them in connection with the proposed merger between CVPS and Gaz Metro. |
| | | Enclosure 3 |
| D. Rocheleau Please contact James Kim at 310-415-4125 if you have any questions. Sincerely,
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| /RA/
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| Louise Lund, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
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| Docket No. 50-423 | | D. Rocheleau Please contact James Kim at 310-415-4125 if you have any questions. |
| | Sincerely, |
| | /RA/ |
| | Louise Lund, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-423 |
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| SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR THRESHOLD DETERMINATION OF THE PROPOSED MERGER BETWEEN CVPS AND GAZ MÉTRO INVOLVING MINORITY COMMON STOCK OWNERSHIP IN MAINE YANKEE ATOMIC COMPANY, CONNECTICUT YANKEE ATOMIC COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY DOCKET NOS. 50-309, 72-30; 50-213, 72-39; 50-029; 72-31 | | SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR THRESHOLD DETERMINATION OF THE PROPOSED MERGER BETWEEN CVPS AND GAZ MÉTRO INVOLVING MINORITY COMMON STOCK OWNERSHIP IN MAINE YANKEE ATOMIC COMPANY, CONNECTICUT YANKEE ATOMIC COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY DOCKET NOS. 50-309, 72-30; 50-213, 72-39; 50-029; 72-31 |
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| ==1.0 INTRODUCTION== | | ==1.0 INTRODUCTION== |
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| By application dated September 9, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11256A051), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) notified the U.S. Nuclear Regulatory Commission (NRC) of a proposed merger between the two companies that would result in a transfer of interests involving NRC licensed facilities. The application requested that the NRC make a threshold determination whether a proposed transfer of CVPS' interests in Maine Yankee Atomic Power Company (Maine Yankee), Connecticut Yankee Atomic Power Company (Connecticut Yankee), and Yankee Atomic Electric Company (Yankee Atomic) (collectively, the "Yankee Companies) to Gaz Métro would constitute a direct or indirect transfer of the licenses that would require NRC approval pursuant to Title 10 of the Code of Federal Regulations (10 CFR) CFR 50.80, "Transfer of licenses." | | By application dated September 9, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11256A051), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) notified the U.S. Nuclear Regulatory Commission (NRC) of a proposed merger between the two companies that would result in a transfer of interests involving NRC licensed facilities. The application requested that the NRC make a threshold determination whether a proposed transfer of CVPS interests in Maine Yankee Atomic Power Company (Maine Yankee), Connecticut Yankee Atomic Power Company (Connecticut Yankee), and Yankee Atomic Electric Company (Yankee Atomic) (collectively, the Yankee Companies) to Gaz Métro would constitute a direct or indirect transfer of the licenses that would require NRC approval pursuant to Title 10 of the Code of Federal Regulations (10 CFR) CFR 50.80, Transfer of licenses. |
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| 2.0 BACKGROUND By application dated September 9, 2011 (ML11256A051), as supplemented by letters dated November 4, 2011 (ML11311A148), April 6, 2012 (ML12100A017), and May 4, 2012 (ML12128A433), (collectively, "the application"), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) requested that the U.S. Nuclear Regulatory Commission (NRC) consent, pursuant to 10 CFR 50.80, to the indirect transfer of control of CVPS' 1.7303% interest in the license for Millstone Power Station, Unit 3 (MPS 3), resulting from the acquisition of CVPS by Gaz Métro. | | ==2.0 BACKGROUND== |
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| According to the application, CVPS also owns, through equity investment, 2% of the outstanding common stock of Maine Yankee Atomic Power Company, 2% of the outstanding common stock of Connecticut Yankee Atomic Power Company, and 3.5% of the outstanding common stock of Yankee Atomic Electric Company (collectively, the "Yankee Companies"). CVPS and Gaz Métro requested that the NRC staff make a threshold determination that the above requested license transfer transaction does not involve the direct or indirect transfer of control of the NRC licenses held by the Yankee Companies pursuant to 10 CFR 50.80. | | By application dated September 9, 2011 (ML11256A051), as supplemented by letters dated November 4, 2011 (ML11311A148), April 6, 2012 (ML12100A017), and May 4, 2012 (ML12128A433), (collectively, the application), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) requested that the U.S. Nuclear Regulatory Commission (NRC) consent, pursuant to 10 CFR 50.80, to the indirect transfer of control of CVPS 1.7303% interest in the license for Millstone Power Station, Unit 3 (MPS 3), |
| CVPS is a Vermont corporation and the largest electric utility in Vermont. CVPS engages in the purchase, production, transmission, distribution and sale of electricity.
| | resulting from the acquisition of CVPS by Gaz Métro. |
| | According to the application, CVPS also owns, through equity investment, 2% of the outstanding common stock of Maine Yankee Atomic Power Company, 2% of the outstanding common stock of Connecticut Yankee Atomic Power Company, and 3.5% of the outstanding common stock of Yankee Atomic Electric Company (collectively, the Yankee Companies). CVPS and Gaz Métro requested that the NRC staff make a threshold determination that the above requested license transfer transaction does not involve the direct or indirect transfer of control of the NRC licenses held by the Yankee Companies pursuant to 10 CFR 50.80. |
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| Gaz Métro is a Canadian energy company. | | CVPS is a Vermont corporation and the largest electric utility in Vermont. CVPS engages in the purchase, production, transmission, distribution and sale of electricity. |
| | Gaz Métro is a Canadian energy company. |
| | 3.0 EVALUATION The NRC staff reviewed the application submitted by CVPS and Gaz Métro in order to make a threshold determination on whether the proposed merger between CVPS and Gaz Métro would involve a direct or indirect control of the NRC licenses held by the Yankee Companies that would require approval pursuant to 10 CFR 50.80. The regulation at 10 CFR 50.80 states: |
| | No license for a production or utilization facility (including, but not limited to, permits under this part and part 52 of this chapter, and licenses under parts 50 and 52 of this chapter), or any right thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer or control of the license to any person, unless the Commission gives its consent in writing. |
| | According to the application, CVPS interest in the Yankee Companies is as a shareholder only. |
| | Each Yankee Company holds a Part 50 license and a general Part 72 license for an Independent Spent Fuel Storage Installation (ISFSI) and is the sole licensee for its facility. |
| | CVPS has no operational authority for the Yankee Companies licensed ISFSIs. In addition, CVPS is not a party to any voting agreement or arrangement with any of the owners or licensees of the Yankee Companies that could give it voting rights that are greater than those associated with its minority shareholder interests in the companies. It does not have other financial interests that would allow it to participate in the management and operation of the licensee. Accordingly, the result of the proposed merger between CVPS and Gaz Métro, and the associated interests in the Yankee Companies, does not result in a transfer of control with respect to the Yankee Companies and the Yankee Company licenses. |
| | Regarding foreign ownership, control, or domination, Section 103d of the Atomic Energy Act of 1954, as amended provides in part: |
| | No license may be issued to an alien or any corporation or other entity if the Commission know or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such a person would be inimical to the common defense and security or to the health and safety of the public. |
| | The NRCs regulation 10 CFR 50.38 contains language to implement this statutory prohibition. |
| | As stated, the result of the proposed merger between CVPS and Gaz Métro, and the associated interests in the Yankee Companies, does not result in a transfer of control with respect to the Yankee Companies and the Yankee Company licenses, and does not provide CVPS or Gaz Metro with any responsibility over spent fuel, access to restricted data, or right of participation, whether or not exercised, in the management and operation of the licensees. Additionally, as a result of the afore-mentioned indirect license transfer for Millstone 3 (ML121300466), CVPS is implementing a Negation Action Plan (NAP) to ensure that any foreign ownership, control, or domination of Millstone 3 and the Yankee Companies is negated. NRC staff reviewed and |
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| 3.0 EVALUATION The NRC staff reviewed the application submitted by CVPS and Gaz Métro in order to make a threshold determination on whether the proposed merger between CVPS and Gaz Métro would involve a direct or indirect control of the NRC licenses held by the Yankee Companies that would require approval pursuant to 10 CFR 50.80. The regulation at 10 CFR 50.80 states: No license for a production or utilization facility (including, but not limited to, permits under this part and part 52 of this chapter, and licenses under parts 50 and 52 of this chapter), or any right thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer or control of the license to any person, unless the Commission gives its consent in writing.
| | approved this NAP as part of the safety evaluation for the indirect license transfer. Furthermore, in an unrelated licensing action, a NAP has been implemented for each of the Yankee Companies via confirmatory orders issued by the NRC (ML12124A372, ML12124A373, ML12124A374), which negate foreign ownership, control, or domination of the Yankee Companies. |
| According to the application, CVPS' interest in the Yankee Companies is as a shareholder only. Each Yankee Company holds a Part 50 license and a general Part 72 license for an Independent Spent Fuel Storage Installation (ISFSI) and is the sole licensee for its facility. CVPS has no operational authority for the Yankee Companies' licensed ISFSIs. In addition, CVPS is not a party to any voting agreement or arrangement with any of the owners or licensees of the Yankee Companies that could give it voting rights that are greater than those associated with its minority shareholder interests in the companies. It does not have other financial interests that would allow it to participate in the management and operation of the licensee. Accordingly, the result of the proposed merger between CVPS and Gaz Métro, and the associated interests in the Yankee Companies, does not result in a transfer of control with respect to the Yankee Companies and the Yankee Company licenses.
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| Regarding foreign ownership, control, or domination, Section 103d of the Atomic Energy Act of 1954, as amended provides in part: No license may be issued to an alien or any corporation or other entity if the Commission know or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such a person would be inimical to the common defense and security or to the health and safety of the public.
| | ==4.0 CONCLUSION== |
| The NRC's regulation 10 CFR 50.38 contains language to implement this statutory prohibition.
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| As stated, the result of the proposed merger between CVPS and Gaz Métro, and the associated interests in the Yankee Companies, does not result in a transfer of control with respect to the Yankee Companies and the Yankee Company licenses, and does not provide CVPS or Gaz Metro with any responsibility over spent fuel, access to restricted data, or right of participation, whether or not exercised, in the management and operation of the licensees. Additionally, as a result of the afore-mentioned indirect license transfer for Millstone 3 (ML121300466), CVPS is implementing a Negation Action Plan (NAP) to ensure that any foreign ownership, control, or domination of Millstone 3 and the Yankee Companies is negated. NRC staff reviewed and approved this NAP as part of the safety evaluation for the indirect license transfer. Furthermore, in an unrelated licensing action, a NAP has been implemented for each of the Yankee Companies via confirmatory orders issued by the NRC (ML12124A372, ML12124A373, ML12124A374), which negate foreign ownership, control, or domination of the Yankee Companies.
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| ==4.0 CONCLUSION==
| | The NRC staff conducted a threshold review of the facts and information as set forth in the application, and has considered how the proposed merger between CVPS and Gaz Métro will be implemented as described in the application. The NRC staff concludes that the proposed merger will not result in a transfer of control with respect to the Yankee Companies, and, thus, CVPS and Gaz Métro do not require the NRCs approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80 with respect to the afore-mentioned licenses. In addition, based on the application, the NRC concludes that the foreign ownership, control, or domination of the Yankee Company licensees has been negated by existing Negation Action Plans. |
| | | Principal Contributor: Shawn Harwell Date: June 15, 2012}} |
| The NRC staff conducted a threshold review of the facts and information as set forth in the application, and has considered how the proposed merger between CVPS and Gaz Métro will be implemented as described in the application. The NRC staff concludes that the proposed merger will not result in a transfer of control with respect to the Yankee Companies, and, thus, CVPS and Gaz Métro do not require the NRC's approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80 with respect to the afore-mentioned licenses. In addition, based on the application, the NRC concludes that the foreign ownership, control, or domination of the Yankee Company licensees has been negated by existing Negation Action Plans. Principal Contributor: Shawn Harwell Date: June 15, 2012 | |
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Letter Sequence Other |
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MONTHYEARML11256A0512011-09-0909 September 2011
Application for Consent to Proposed License Transfers: Request for Threshold Determination
Project stage: Request
ML1201000752012-02-14014 February 2012
Partial Acceptance of Requested Licensing Action Application for Consent to Proposed License Transfers; Request for Threshold Determination
Project stage: Acceptance Review
ML1201005082012-02-15015 February 2012
Notice of Consideration of Approval of Application Regarding Proposed Acquisition and Opportunity for a Hearing
Project stage: Request
ML1201004982012-02-15015 February 2012
Notice of Consideration of Approval of Application Regarding Proposed Acquisition and Opportunity for a Hearing - Millstone Power Station, Unit No. 3
Project stage: Other
ML1206602302012-03-30030 March 2012
Request for Additional Information Regarding Proposed License Transfers; Request for Threshold Determination
Project stage: RAI
ML12100A0172012-04-0606 April 2012
Connecticut Yankee, and Yankee Atomic, Response to Nrc'S Request for Additional Information Regarding Proposed License License Transfers Request for Threshold Determination
Project stage: Request
ML1213004722012-06-15015 June 2012
Order Approving Application Regarding Merger of Central Vermont Public Service Corporation and Gaz Metro Limited Partnership and Resultant Indirect Transfer of License
Project stage: Other
ML12165A5082012-06-15015 June 2012
MS3-Threshold Attachment
Project stage: Other
ML12205A0302012-07-19019 July 2012
Central Vermont Public Service Corporation, Supplemental Information
Project stage: Supplement
ML12207A1242012-07-23023 July 2012
Conforming License Amendment Request
Project stage: Request
2012-03-30
[Table View] |
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Category:Letter
MONTHYEARML24289A0152024-10-21021 October 2024
Review of the Fall 2023 Steam Generator Tube Inspection Report
05000423/LER-2024-001, Loss of Safety Function and Condition Prohibited by Technical Specifications for Loss of Secondary Containment Boundary2024-10-14014 October 2024
Loss of Safety Function and Condition Prohibited by Technical Specifications for Loss of Secondary Containment Boundary
IR 05000336/20244022024-10-0808 October 2024
Security Baseline Inspection Report 05000336/2024402 and 05000423/2024402 (Cover Letter Only)
ML24281A1102024-10-0707 October 2024
Requalification Program Inspection
05000423/LER-2023-006-02, Pressurizer Power Operated Relief Valve Failed to Open During Surveillance Testing Resulting in a Condition Prohibited by Technical Specifications2024-09-26026 September 2024
Pressurizer Power Operated Relief Valve Failed to Open During Surveillance Testing Resulting in a Condition Prohibited by Technical Specifications
ML24240A1692024-09-18018 September 2024
Cy 2023 Summary of Decommissioning Trust Fund Status
ML24260A1952024-09-16016 September 2024
Response to Request for Additional Information Regarding Proposed Amendment to Support Implementation of Framatome Gaia Fuel
ML24260A2192024-09-16016 September 2024
Decommissioning Trust Fund Disbursement - Revision to Previous Thirty-Day Written Notification
ML24248A2272024-09-0404 September 2024
Operator Licensing Examination Approval
ML24240A1532024-09-0303 September 2024
Summary of Regulatory Audit Supporting the Review of License Amendment Request for Implementation of Framatome Gaia Fuel
IR 05000336/20240052024-08-29029 August 2024
Updated Inspection Plan for Millstone Power Station, Units 2 and 3 (Reports 05000336/2024005 and 05000423/2024005
IR 05000213/20240012024-08-27027 August 2024
Connecticut Yankee Atomic Power Company - Independent Spent Fuel Storage Installation NRC Inspection Report Nos. 07200039/2024001 and 05000213/2024001
IR 05000336/20240022024-08-13013 August 2024
Integrated Inspection Report 05000336/2024002 and 05000423/2024002
ML24221A2872024-08-0808 August 2024
Independent Spent Fuel Storage Installation (ISFSI) - Submittal of Cask Registration for Spent Fuel Storage
IR 05000336/20244412024-08-0606 August 2024
Supplemental Inspection Report 05000336/2024441 and 05000423/2024441 and Follow-Up Assessment Letter (Cover Letter Only)
ML24212A0742024-08-0505 August 2024
Request for Withholding Information from Public Disclosure - Millstone Power Station, Unit No. 3, Proposed Alternative Request IR-4-13 to Support Steam Generator Channel Head Drain Modification
ML24211A1712024-07-25025 July 2024
Associated Independent Spent Fuels Storage Installation, Revision to Emergency Plan - Report of Change
IR 05000336/20244032024-07-22022 July 2024
Information Request for the Cybersecurity Baseline Inspection, Notification to Perform Inspection 05000336/2024403 and 05000423/2024403
IR 05000336/20245012024-07-0101 July 2024
Emergency Preparedness Biennial Exercise Inspection Report 05000336/2024501 and 05000423/2024501
ML24180A0932024-06-28028 June 2024
Readiness for Additional Inspection: EA-23-144
IR 05000336/20240102024-06-26026 June 2024
Biennial Problem Identification and Resolution Inspection Report 05000336/2024010 and 05000423/2024010
IR 05000309/20240012024-06-26026 June 2024
Company – Independent Spent Fuel Storage Installation NRC Inspection Reports 07200030/2024001 And05000309/2024001
ML24178A2422024-06-25025 June 2024
2023 Annual Report of Emergency Core Cooling System (ECCS) Model, Changes Pursuant to the Requirements of 10 CFR 50.46
IR 05000336/20244402024-06-24024 June 2024
Final Significance Determination for Security-Related Greater than Green Finding(S) with Assessment Follow-up; IR 05000336/2024440 and 05000423/2024440 and Notice of Violation(S), NRC Investigation Rpt 1-2024-001 (Cvr Ltr Only)
ML24176A1782024-06-20020 June 2024
Update to the Final Safety Analysis Report
ML24176A2622024-06-20020 June 2024
Update to the Final Safety Analysis Report, Revision 37
ML24281A2072024-06-20020 June 2024
Update to the Final Safety Analysis Report, Revision 37 (Redacted Version)
ML24280A0012024-06-20020 June 2024
Update to the Final Safety Analysis Report (Redacted Version)
ML24177A2792024-06-20020 June 2024
Preparation and Scheduling of Operator Licensing Examinations
05000336/LER-2024-001, Control Room Air Conditioning Unit Inoperable Due to Refrigerant Overcharge Resulting in a Condition Prohibited by Technical Specifications2024-06-10010 June 2024
Control Room Air Conditioning Unit Inoperable Due to Refrigerant Overcharge Resulting in a Condition Prohibited by Technical Specifications
ML24170B0532024-06-10010 June 2024
DOM-NAF-2-P/NP-A, Revision 0.5, Reactor Core Thermal-Hydraulics Using the VIPRE-D Computer Code
ML24165A1292024-06-0505 June 2024
ISFSI, 10 CFR 50.59 Annual Change Report for 2023 Annual Regulatory Commitment Change Report for 2023
ML24128A2772024-06-0404 June 2024
Issuance of Amendment No. 290 to Revise TSs for Reactor Core Safety Limits, Fuel Assemblies, and Core Operating Limits Report for Use of Framatome Gaia Fuel (EPID L-2023-LLA-0074) (Non-Proprietary)
ML24151A6482024-06-0303 June 2024
Changes in Reactor Decommissioning Branch Project Management Assignments for Some Decommissioning Facilities
ML24094A0742024-05-30030 May 2024
Issuance of Exemption for Connecticut Yankee Atomic Power Company Regarding Haddam Neck Plant Independent Spent Fuel Storage Installation
ML24109A0032024-05-21021 May 2024
Issuance of Amendment No. 289 to Revise Technical Specifications to Use Framatome Loss of Coolant Accident Evaluation Methodologies for Establishing Core Operating Limit (EPID L-2023-LLA-0065) (Non-Proprietary)
ML24110A0562024-05-21021 May 2024
Exemption from the Requirements of 10 CFR Part 50, Section 50.46, and Appendix K Regarding Use of M5 Cladding Material (EPID L-2023-LLE-0013) (Letter)
05000423/LER-2023-006-01, Pressurizer Power Operated Relief Valve Failed to Open During Surveillance Testing Resulting in a Condition Prohibited by Technical Specifications2024-05-20020 May 2024
Pressurizer Power Operated Relief Valve Failed to Open During Surveillance Testing Resulting in a Condition Prohibited by Technical Specifications
ML24142A0952024-05-20020 May 2024
End of Cycle 22 Steam Generator Tube Inspection Report
ML24141A2432024-05-20020 May 2024
Response to Request for Additional Information Regarding Alloy 600 Aging Management Program Submittal Related to License Renewal Commitment No. 15
IR 05000336/20240012024-05-14014 May 2024
Integrated Inspection Report 05000336/2024001 and 05000423/2024001 and Apparent Violation
05000423/LER-2023-006, Pressurizer Power Operated Relief Valve Failed to Stroke Open During Surveillance Testing Resulting in a Condition Prohibited by Technical Specifications2024-05-0202 May 2024
Pressurizer Power Operated Relief Valve Failed to Stroke Open During Surveillance Testing Resulting in a Condition Prohibited by Technical Specifications
ML24123A2042024-05-0202 May 2024
Pre-Decisional Replay to EA-23-144
IR 05000336/20244012024-04-30030 April 2024
Security Baseline Inspection Report 05000336/2024401 and 05000423/2024401 (Cover Letter Only)
ML24123A1222024-04-30030 April 2024
Inservice Inspection Program - Owners Activity Report, Refueling Outage 22
ML24124A1372024-04-30030 April 2024
Independent Spent Fuel Storage Installation - 2023 Individual Monitoring NRC Form 5 Report
ML24116A0452024-04-25025 April 2024
Special Inspection Follow-Up Report 05000336/2024440 and 05000423/2024440 and Preliminary Finding(S) of Greater than Very Low Significance and NRC Investigation Report No. 1-2024-001 (Cover Letter Only)
ML24114A2662024-04-24024 April 2024
Submittal of 2023 Annual Radioactive Effluent Release Report
ML24116A1742024-04-24024 April 2024
Annual Radiological Environmental Operating Report
ML24117A0602024-04-23023 April 2024
Independent Spent Fuel Storage Installation - Annual Radioactive Effluent Release Report, Annual Radiological Environmental Operating Report, and Changes to the Off-Site Dose Calculation Manual for 2023
2024-09-04
[Table view]
Category:Safety Evaluation
MONTHYEARML24128A2772024-06-0404 June 2024
Issuance of Amendment No. 290 to Revise TSs for Reactor Core Safety Limits, Fuel Assemblies, and Core Operating Limits Report for Use of Framatome Gaia Fuel (EPID L-2023-LLA-0074) (Non-Proprietary)
ML24109A0032024-05-21021 May 2024
Issuance of Amendment No. 289 to Revise Technical Specifications to Use Framatome Loss of Coolant Accident Evaluation Methodologies for Establishing Core Operating Limit (EPID L-2023-LLA-0065) (Non-Proprietary)
ML23341A0172024-01-12012 January 2024
Issuance of Amendment No. 288 Revision to Applicability Term for Reactor Coolant System Heatup and Cooldown Pressure-Temperature Limitations Figures
ML23283A3052023-12-20020 December 2023
Review of Appendix F to DOM-NAF2, Qualification of the Framatome ORFEO-GAIA and ORFEO-NMGRID CHF Correlations in the Dominion Energy VIPRE-D Computer Code (EPID L-2022-LLT-0003) (Nonproprietary)
ML23230A0502023-10-0202 October 2023
5 of the Quality Assurance Topical Report - Review of Program Changes
ML23226A0052023-09-26026 September 2023
Issuance of Amendment No. 287 Supplement to Spent Fuel Pool Criticality Safety Analysis
ML23188A0432023-07-31031 July 2023
Authorization and Safety Evaluation for Alternative Request No. IR-04-11
ML23175A0052023-07-12012 July 2023
Alternative Request P-07 for Pump Periodic Verification Testing Program for Containment Recirculation Spray System Pumps
ML23072A0892023-05-0101 May 2023
(Amendments 346 & 286), North Anna 1 & 2 (Amnds 294 & 277), Surry 1 & 2 (Amnds 311 & 311), and Summer 1 (Amd 225) - Issuance of Amendments to Revise TSs to Adopt TSTF-554 Revise Reactor Coolant Leakage Requirements
ML23058A4542023-03-16016 March 2023
Issuance of Amendment Nos. 345 and 285 Regarding Adoption of Technical Specification Task Force-359, Increase Flexibility in Mode Restraints
ML21320A0072022-09-0707 September 2022
Review of Appendix E to DOM-NAF-2, Qualification of the Framatome BWU-I CHF Correlation in the Dominion Energy VIPRE-D Computer Code (EPID L-2021-LLT-0000) (Non-Proprietary)
ML22201A5082022-07-28028 July 2022
Authorization and Safety Evaluation for Alternative Request No. IR-04-09
ML22095A1072022-07-11011 July 2022
Issuance of Amendment Nos. 120, 344, & 284, 293 & 276, & 307 & 307 to Relocate Requirements to the QAPD
ML22039A3392022-03-0303 March 2022
Request for Alternative Frequency to Supplemental Valve Position Verification Testing Requirements in the Fourth 10-year Valve Inservice Testing Program
ML22041A0102022-03-0101 March 2022
V.C. Summer 1, Issuance of Amendment Nos. 283 (Millstone), 291 and 274 (North Anna), and 221 (Summer) to Revise TSs to Adopt TSTF-569 Revision of Response Time Testing Definition
ML22007A1512022-02-16016 February 2022
Issuance of Amendment No. 282 Regarding Shutdown Bank Technical Specification Requirements and Alternate Control Rod Position Monitoring Requirements
ML21326A0992022-01-0707 January 2022
Issuance of Amendment No. 281 Regarding Revised Reactor Core Safety Limit to Reflect Topical Report WCAP-177642-P-A, Revision 1
ML21262A0012021-11-0909 November 2021
Issuance of Amendment No. 280 Regarding Measurement Uncertainty Recapture Power Uprate
ML21284A0062021-10-29029 October 2021
Authorization and Safety Evaluation for Alternative Request No. RR-05-04 and IR-4-02
ML21227A0002021-10-0505 October 2021
Issuance of Amendment No. 279 Regarding Addition of Analytical Methodology to the Core Operating Limits Report for a Large Break Loss-of-Coolant Accident
ML21222A2302021-09-0909 September 2021
Issuance of Amendment No. 343 Revision to Technical Specifications for Steam Generator Inspection Frequency (L-2020-LLA-0227)
ML21174A0202021-08-0202 August 2021
Relief Request for Limited Coverage Examinations Performed in the Fourth 10-Year Inservice Inspection Interval
ML21167A3552021-07-16016 July 2021
Authorization and Safety Evaluation for Alternative Request No. RR-05-06
ML21167A2112021-06-30030 June 2021
Relief Request for Limited Coverage Examinations Performed in the Third 10-Year Inservice Inspection Interval (EPID L-2020-LLR-0081 Through L-2020-LLR-0088)
ML21075A0452021-03-26026 March 2021
Request to Utilize Code Case N-885
ML21043A1622021-03-25025 March 2021
Issuance of Amendment No. 278 Regarding Revision to Battery Surveillance Requirements
ML21026A1422021-02-23023 February 2021
Issuance of Amendment No. 342 Revision to Technical Specification Table 3.3-11, Accident Monitoring Instrumentation
ML20312A0022020-12-10010 December 2020
Relief Request for Limited Coverage Examinations Performed in the Third 10-Year Inservice Inspection Interval (EPID L-2020-LLR-0027 Through L-2020-LLR-0032)
ML20312A0012020-12-10010 December 2020
Relief Requests for Limited Coverage Examinations Performed in the Fourth 10-Year Inservice Inspection Interval
ML20287A4712020-10-20020 October 2020
Proposed Alternative RR-05-05 to the Requirements of the ASME Code Containment Unbonded Post-Tensioning System Inservice Inspection Requirements
ML20275A0002020-10-14014 October 2020
Issuance of Amendment No. 277 to Revise Technical Specification 6.8.4.g to Allow a One-Time Deferral of the Steam Generator Inspections
ML20237H9952020-09-29029 September 2020
Issuance of Amendment No. 341 Revision to Technical Specification 6.25, Pre-Stressed Concrete Containment Tendon Surveillance Program
ML20252A0072020-09-15015 September 2020
Request to Use a Provision of a Later Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code Section XI
ML20191A0042020-08-0707 August 2020
Issuance of Amendment No. 340 Revised Technical Specification Limits for Primary and Secondary Coolant Activity
ML20189A2062020-07-16016 July 2020
Relief Request IR-4-03 Concerning Non-Code Methodology to Demonstrate Structural Integrity of Class 3 Moderate-Energy Piping
ML20161A0002020-07-15015 July 2020
Issuance of Amendment No. 276 Regarding Revision to the Integrated Leak Rate Type a and Type C Test Intervals
ML20140A3692020-06-24024 June 2020
Issuance of Amendment No. 339 Extension of Technical Specification 3.8.1.1, A.C. Sources - Operating, Allowed Outage Time
ML20080K5082020-03-24024 March 2020
Alternative Request RR-05-03 for the Fifth 10-Year Inservice Inspection Interval
ML19340A0252020-01-30030 January 2020
Issuance of Amendment No. 337 Regarding Adoption of 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structure, Systems, and Components of Nuclear Power Reactors
ML19305D2482019-12-31031 December 2019
Issuance of Amendments Adoption of Emergency Action Level Schemes Per NEI 99-01, Rev. 6
ML19340A0012019-12-18018 December 2019
Proposed Alternative Request IR-4-01 Use of Encoded Phased Array Ultrasonic Examination Techniques in Lieu of Radiography
ML19338G3722019-12-18018 December 2019
Alternative Requests RR-05-01 and RR-05-02 for the Fifth 10-Year Inservice Inspection Interval
ML19340A0002019-12-13013 December 2019
Relief Request IR-3-39, Proposed Alternative to ASME Code Weld Preheat Requirements
ML19126A0002019-05-28028 May 2019
Issuance of Amendment No. 273 Regarding Technical Specification Changes for Spent Fuel Storage and New Fuel Storage
ML19098A0342019-04-30030 April 2019
Units 1 and 2; Limerick, Units 1 and 2; Peach Bottom, Units 2 and 3, and Quad Cities, Units 1 and 2 - Revision to Approved Alternative to Use BWR Vessel and Internal Proj Guidelins
ML19042A2772019-03-21021 March 2019
Issuance of Amendment No. 272 Regarding Revision to Technical Specification Action Statement for Loss of Control Building Inlet Ventilation Radiation Monitor Instrumentation Channels
ML18290A6022018-11-13013 November 2018
Alternative Requests Related to the Fifth and Fourth 10-Year Interval Pump, Valve, and Snubber Inservice Testing Programs, Respectively (EPID L-2018-LLR- 0012 Through EPID L-2018-LLR-0022)
ML18275A0122018-10-0404 October 2018
Alternative Request P-06 for the 'C' Charging Pump Test Frequency
ML18246A0072018-09-25025 September 2018
Issuance of Amendment No. 335 Regarding Revision to the Integrated Leak Rate Type a and Type C Test Intervals
ML18252A0032018-09-17017 September 2018
Alternative Requests RR-04-27 and IR-3-38 for the Use of Encoded Phased Array Ultrasonic Examination Techniques in Lieu of Radiography
2024-06-04
[Table view] |
Text
June 15, 2012 Mr. Dale A. Rocheleau Senior Vice President, General Counsel
& Corporate Secretary Central Vermont Public Service Corporation 77 Grove St.
Rutland, VT 05701
SUBJECT:
REQUEST FOR THRESHOLD DETERMINATION UNDER 10 CFR 50.80 -
THE PROPOSED MERGER BETWEEN CVPS AND GAZ MÉTRO INVOLVING MINORITY COMMON STOCK OWNERSHIP IN MAINE YANKEE ATOMIC COMPANY, CONNECTICUT YANKEE ATOMIC COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY (TAC NO. ME7127)
Dear Mr. Rocheleau:
By application dated September 9, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11256A051), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) notified the U.S. Nuclear Regulatory Commission (NRC) of a proposed merger between the two companies that would result in a transfer of interests involving NRC licensed facilities. The Application requested that the NRC staff make a threshold determination that the proposed transfer of CVPS interests in Maine Yankee Atomic Power Company (Maine Yankee), Connecticut Yankee Atomic Power Company (Connecticut Yankee), and Yankee Atomic Electric Company (Yankee Atomic) (collectively, the Yankee Companies) to Gaz Métro would not constitute a direct or indirect transfer of the licenses that would require NRC approval pursuant to Title 10 of the Code of Federal Regulations (10 CFR) CFR 50.80, Transfer of licenses.
The NRC staff completed its review of the facts and information as set forth in the application, and concludes that the proposed merger between CVPS and Gaz Métro will not constitute a direct or indirect transfer of control of the Maine Yankee, Connecticut Yankee or Yankee Atomic licenses. Therefore, neither Maine Yankee, Connecticut Yankee, nor Yankee Atomic require the NRCs approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80, with respect to the licenses currently held by them in connection with the proposed merger between CVPS and Gaz Metro.
Enclosure 3
D. Rocheleau Please contact James Kim at 310-415-4125 if you have any questions.
Sincerely,
/RA/
Louise Lund, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-423
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR THRESHOLD DETERMINATION OF THE PROPOSED MERGER BETWEEN CVPS AND GAZ MÉTRO INVOLVING MINORITY COMMON STOCK OWNERSHIP IN MAINE YANKEE ATOMIC COMPANY, CONNECTICUT YANKEE ATOMIC COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY DOCKET NOS. 50-309, 72-30; 50-213, 72-39;50-029; 72-31
1.0 INTRODUCTION
By application dated September 9, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11256A051), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) notified the U.S. Nuclear Regulatory Commission (NRC) of a proposed merger between the two companies that would result in a transfer of interests involving NRC licensed facilities. The application requested that the NRC make a threshold determination whether a proposed transfer of CVPS interests in Maine Yankee Atomic Power Company (Maine Yankee), Connecticut Yankee Atomic Power Company (Connecticut Yankee), and Yankee Atomic Electric Company (Yankee Atomic) (collectively, the Yankee Companies) to Gaz Métro would constitute a direct or indirect transfer of the licenses that would require NRC approval pursuant to Title 10 of the Code of Federal Regulations (10 CFR) CFR 50.80, Transfer of licenses.
2.0 BACKGROUND
By application dated September 9, 2011 (ML11256A051), as supplemented by letters dated November 4, 2011 (ML11311A148), April 6, 2012 (ML12100A017), and May 4, 2012 (ML12128A433), (collectively, the application), Central Vermont Public Service Corporation (CVPS) and Gaz Métro Limited Partnership (Gaz Métro) requested that the U.S. Nuclear Regulatory Commission (NRC) consent, pursuant to 10 CFR 50.80, to the indirect transfer of control of CVPS 1.7303% interest in the license for Millstone Power Station, Unit 3 (MPS 3),
resulting from the acquisition of CVPS by Gaz Métro.
According to the application, CVPS also owns, through equity investment, 2% of the outstanding common stock of Maine Yankee Atomic Power Company, 2% of the outstanding common stock of Connecticut Yankee Atomic Power Company, and 3.5% of the outstanding common stock of Yankee Atomic Electric Company (collectively, the Yankee Companies). CVPS and Gaz Métro requested that the NRC staff make a threshold determination that the above requested license transfer transaction does not involve the direct or indirect transfer of control of the NRC licenses held by the Yankee Companies pursuant to 10 CFR 50.80.
CVPS is a Vermont corporation and the largest electric utility in Vermont. CVPS engages in the purchase, production, transmission, distribution and sale of electricity.
Gaz Métro is a Canadian energy company.
3.0 EVALUATION The NRC staff reviewed the application submitted by CVPS and Gaz Métro in order to make a threshold determination on whether the proposed merger between CVPS and Gaz Métro would involve a direct or indirect control of the NRC licenses held by the Yankee Companies that would require approval pursuant to 10 CFR 50.80. The regulation at 10 CFR 50.80 states:
No license for a production or utilization facility (including, but not limited to, permits under this part and part 52 of this chapter, and licenses under parts 50 and 52 of this chapter), or any right thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer or control of the license to any person, unless the Commission gives its consent in writing.
According to the application, CVPS interest in the Yankee Companies is as a shareholder only.
Each Yankee Company holds a Part 50 license and a general Part 72 license for an Independent Spent Fuel Storage Installation (ISFSI) and is the sole licensee for its facility.
CVPS has no operational authority for the Yankee Companies licensed ISFSIs. In addition, CVPS is not a party to any voting agreement or arrangement with any of the owners or licensees of the Yankee Companies that could give it voting rights that are greater than those associated with its minority shareholder interests in the companies. It does not have other financial interests that would allow it to participate in the management and operation of the licensee. Accordingly, the result of the proposed merger between CVPS and Gaz Métro, and the associated interests in the Yankee Companies, does not result in a transfer of control with respect to the Yankee Companies and the Yankee Company licenses.
Regarding foreign ownership, control, or domination, Section 103d of the Atomic Energy Act of 1954, as amended provides in part:
No license may be issued to an alien or any corporation or other entity if the Commission know or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such a person would be inimical to the common defense and security or to the health and safety of the public.
The NRCs regulation 10 CFR 50.38 contains language to implement this statutory prohibition.
As stated, the result of the proposed merger between CVPS and Gaz Métro, and the associated interests in the Yankee Companies, does not result in a transfer of control with respect to the Yankee Companies and the Yankee Company licenses, and does not provide CVPS or Gaz Metro with any responsibility over spent fuel, access to restricted data, or right of participation, whether or not exercised, in the management and operation of the licensees. Additionally, as a result of the afore-mentioned indirect license transfer for Millstone 3 (ML121300466), CVPS is implementing a Negation Action Plan (NAP) to ensure that any foreign ownership, control, or domination of Millstone 3 and the Yankee Companies is negated. NRC staff reviewed and
approved this NAP as part of the safety evaluation for the indirect license transfer. Furthermore, in an unrelated licensing action, a NAP has been implemented for each of the Yankee Companies via confirmatory orders issued by the NRC (ML12124A372, ML12124A373, ML12124A374), which negate foreign ownership, control, or domination of the Yankee Companies.
4.0 CONCLUSION
The NRC staff conducted a threshold review of the facts and information as set forth in the application, and has considered how the proposed merger between CVPS and Gaz Métro will be implemented as described in the application. The NRC staff concludes that the proposed merger will not result in a transfer of control with respect to the Yankee Companies, and, thus, CVPS and Gaz Métro do not require the NRCs approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80 with respect to the afore-mentioned licenses. In addition, based on the application, the NRC concludes that the foreign ownership, control, or domination of the Yankee Company licensees has been negated by existing Negation Action Plans.
Principal Contributor: Shawn Harwell Date: June 15, 2012