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| {{#Wiki_filter:7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION NRC-2009-0193 In the Matter of ) Docket Nos. 50-220 and 50-410 ) EDF DEVELOPMENT, INC. ) Renewed License No. DPR-63 ) Renewed License No. NPF-69 CONSTELLATION ENERGY NUCLEAR ) GROUP, LLC ) ) NINE MILE POINT NUCLEAR STATION, LLC ) ) | | {{#Wiki_filter:7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION NRC-2009-0193 In the Matter of ) Docket Nos. 50-220 and 50-410 |
| (Nine Mile Point Nuclear Station ) Unit Nos. 1 and 2) ) | | ) |
| ORDER APPROVING APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING I. Nine Mile Point Nuclear Station, LLC (NMPNS, LLC or the licensee) is the holder of Renewed Facility Operating License Nos. DPR-63 and NPF-69, which authorize the possession, use, and operation of the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP 1 and 2). The facility is located at the licensee's site in Oswego, New York. | | EDF DEVELOPMENT, INC. ) Renewed License No. DPR-63 |
| II. By letter dated January 22, 2009, as supplemented on February 26, April 8, June 25, and July 27, 2009 (together, the application), Constellation Energy Nuclear Group, LLC (CENG), on behalf of the licensee and EDF Development, Inc. (EDF Development) (together, the applicants), requested that the Nuclear Regulatory Commission (NRC, the Commission), | | ) Renewed License No. NPF-69 CONSTELLATION ENERGY NUCLEAR ) |
| pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.80, consent to the indirect license transfers that would be effected by the indirect transfer of control of CENG's ownership and operating interests in NMP 1 and 2. The actions being sought as a result of certain proposed corporate restructuring actions in connection with a planned investment by EDF Development whereby it would acquire a 49.99% ownership interest in CENG from Constellation Energy Group, Inc. (CEG), the current 100% owner of CENG. EDF Development is a U.S. corporation organized under the laws of the State of Delaware and a wholly-owned subsidiary of E.D.F. International S.A., a public limited company organized under the laws of France, which is in turn a wholly-owned subsidiary of Électricité de France S.A., a French limited company. Following the proposed transaction, EDF Development will hold a 49.99% ownership interest in CENG; CEG will hold a 50.01% ownership interest in CENG through two new intermediate parent companies, Constellation Nuclear, LLC and CE Nuclear, LLC, formed for non-operational purposes. In addition, Constellation Nuclear Power Plants, Inc., which is currently an intermediate holding company between CENG and NMPNS, LLC and R.E. Ginna Nuclear Power Plant, LLC, will convert to a Delaware limited liability company and become Constellation Nuclear Power Plants, LLC, and will exist as an intermediate holding company between CENG and NMPNS, LLC, R.E. Ginna Nuclear Power Plant, LLC, and Calvert Cliffs Nuclear Power Plant, LLC. No physical changes to the facilities or operational changes are being proposed in the application. Approval of the transfer of the license is requested by the applicants pursuant to 10 CFR 50.80. Notice of the request for approval and opportunity for a hearing was published in the Federal Register on May 6, 2009 (74 FR 21015). No hearing requests or petitions to intervene were received. The NRC received comments from a member of the public in Seattle, Washington, in an e-mail dated May 22, 2009. The comments did not provide any information additional to that in the application, nor did they provide any information contradictory to that provided in the application. 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 Commission shall give its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements contained in the application, the NRC staff has determined that the proposed indirect license transfer of control of the subject license held by the licensee to the extent such will result from the proposed corporate restructuring actions in connection with the planned investment by EDF Development whereby it will acquire a 49.99% ownership interest in CENG, to the extent affected by the proposed transaction as described in the application, is otherwise consistent with applicable provisions of law, regulations, and Orders issued by the NRC, pursuant thereto, subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission | | GROUP, LLC ) |
| =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 license amendment 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 license amendment 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 amendments will be in accordance with 10 CFR Part 51 of the Commission
| | NINE MILE POINT NUCLEAR STATION, LLC ) |
| =s regulations and all applicable requirements have been satisfied. The findings set forth above are supported by the NRC staff's safety evaluation (SE) 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 application regarding the indirect license transfers related to the proposed corporate restructuring actions in connection with the planned investment by EDF Development, as described herein, is approved, subject to the following conditions: (1) The ownership and governance arrangements as a result of the proposed transaction, is subject to the following:
| | (Nine Mile Point Nuclear Station ) |
| (a) The Operating Agreement included with the application dated January 22, 2009, may not be modified in any material respect concerning decision-making authority over "safety issues" as defined therein without the prior written consent of the Director, Office of Nuclear Reactor Regulation. (b) At least half the members of CENG's Board of Directors must be U.S. citizens. (c) The Chief Executive Officer (CEO), Chief Nuclear Officer (CNO) and Chairman of the Board of Directors of CENG must be U.S. citizens.
| | Unit Nos. 1 and 2) ) |
| 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 Calvert Cliffs, Unit Nos. 1 and 2, Calvert Cliffs ISFSI, Nine Mile Point, Unit Nos. 1 and 2, and R.E. Ginna licenses are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. (d) CENG will establish a Nuclear Advisory Committee (NAC) composed of U.S. citizens who are not officers, directors, or employees of CENG, CEG or EDF Development. 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. (e) CENG shall cause to be transmitted to the Director, Office of Nuclear Reactor Regulation, within 30 days of knowledge of a filing with the U.S. Securities and Exchange Commission, any Schedules 13D or 13G filed pursuant to the Securities and Exchange Act of 1934 that disclose beneficial ownership of any registered classes of CEG stock. (2) The financial arrangements resulting from the proposed transaction, are subject to the following: (a) The working capital and cash pooling arrangements described in Article IV of the Operating Agreement included with the application dated January 22, 2009, and supplement dated July 27, 2009, shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application. CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the working capital and cash pooling arrangements in the Operating Agreement without the prior written consent of the NRC staff. (b) The Support Agreements described in the supplement to the application dated February 26, 2009 (up to $290 million), shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application. CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the Support Agreements as submitted without the prior written consent of the NRC staff, except, however, the intercompany credit agreement referenced in the current licenses for NMP 1 and 2 [condition 2.D(12) for Unit 1 and 2.C(15) for Unit 2] may be revoked or rescinded if and when the $290 million support agreements described in the February 26, 2009, supplement to the application become effective. CENG shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than ten days after any funds are provided to CENG or any of the licensees by CEG or EDF Development under any Support Agreement. (c) The Master Demand Notes described in the supplement to the application dated July 27, 2009, shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application.
| | ORDER APPROVING APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING I. |
| CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the Master Demand Notes without the prior written consent of the NRC staff. IT IS FURTHER ORDERED that CENG shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, of the date of closing of the transfer of EDF Development's ownership and operating interests in CENG at least 1 business day before the closing. Should the transfer of the license not be completed within 1 year of this Order
| | Nine Mile Point Nuclear Station, LLC (NMPNS, LLC or the licensee) is the holder of Renewed Facility Operating License Nos. DPR-63 and NPF-69, which authorize the possession, use, and operation of the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP 1 and 2). The facility is located at the licensees site in Oswego, New York. |
| =s date of issuance, this Order shall become null and void, provided, however, that upon written application and for 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 initial application dated January 22, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No.
| | II. |
| ML090290101), as supplemented by letters dated February 26 (ML090630426), April 8 (ML091000665), June 25 (ML091811094), and July 27, 2009 (ML092150712), and the SE with the same date as this Order, which are available for public inspection at the Commission
| | By letter dated January 22, 2009, as supplemented on February 26, April 8, June 25, and July 27, 2009 (together, the application), Constellation Energy Nuclear Group, LLC (CENG), on behalf of the licensee and EDF Development, Inc. (EDF Development) (together, the applicants), requested that the Nuclear Regulatory Commission (NRC, the Commission), |
| =s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Room O-1 F21 (First Floor), Rockville, Maryland, and accessible electronically from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail at pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 9 th day of October 2009. FOR THE NUCLEAR REGULATORY COMMISSION
| | pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.80, consent to the indirect license transfers that would be effected by the indirect transfer of control of CENGs ownership and operating interests in NMP 1 and 2. The actions being sought as a result of certain proposed corporate restructuring actions in connection with a planned investment by EDF |
|
| |
|
| /RA/
| | Development whereby it would acquire a 49.99% ownership interest in CENG from Constellation Energy Group, Inc. (CEG), the current 100% owner of CENG. EDF Development is a U.S. corporation organized under the laws of the State of Delaware and a wholly-owned subsidiary of E.D.F. International S.A., a public limited company organized under the laws of France, which is in turn a wholly-owned subsidiary of Électricité de France S.A., a French limited company. |
| | Following the proposed transaction, EDF Development will hold a 49.99% ownership interest in CENG; CEG will hold a 50.01% ownership interest in CENG through two new intermediate parent companies, Constellation Nuclear, LLC and CE Nuclear, LLC, formed for non-operational purposes. In addition, Constellation Nuclear Power Plants, Inc., which is currently an intermediate holding company between CENG and NMPNS, LLC and R.E. Ginna Nuclear Power Plant, LLC, will convert to a Delaware limited liability company and become Constellation Nuclear Power Plants, LLC, and will exist as an intermediate holding company between CENG and NMPNS, LLC, R.E. Ginna Nuclear Power Plant, LLC, and Calvert Cliffs Nuclear Power Plant, LLC. No physical changes to the facilities or operational changes are being proposed in the application. |
| | Approval of the transfer of the license is requested by the applicants pursuant to 10 CFR 50.80. Notice of the request for approval and opportunity for a hearing was published in the Federal Register on May 6, 2009 (74 FR 21015). No hearing requests or petitions to intervene were received. The NRC received comments from a member of the public in Seattle, Washington, in an e-mail dated May 22, 2009. The comments did not provide any information additional to that in the application, nor did they provide any information contradictory to that provided in the application. |
| | 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 Commission shall give |
| | |
| | its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements contained in the application, the NRC staff has determined that the proposed indirect license transfer of control of the subject license held by the licensee to the extent such will result from the proposed corporate restructuring actions in connection with the planned investment by EDF Development whereby it will acquire a 49.99% ownership interest in CENG, to the extent affected by the proposed transaction as described in the application, is otherwise consistent with applicable provisions of law, regulations, and Orders issued by the NRC, pursuant thereto, subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendment 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 license amendment 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 license amendment 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 amendments will be in accordance with 10 CFR Part 51 of the Commission=s regulations and all applicable requirements have been satisfied. |
| | The findings set forth above are supported by the NRC staffs safety evaluation (SE) 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 application regarding the indirect license transfers related to the proposed corporate |
| | |
| | restructuring actions in connection with the planned investment by EDF Development, as described herein, is approved, subject to the following conditions: |
| | (1) The ownership and governance arrangements as a result of the proposed transaction, is subject to the following: |
| | (a) The Operating Agreement included with the application dated January 22, 2009, may not be modified in any material respect concerning decision-making authority over safety issues as defined therein without the prior written consent of the Director, Office of Nuclear Reactor Regulation. |
| | (b) At least half the members of CENGs Board of Directors must be U.S. |
| | citizens. |
| | (c) The Chief Executive Officer (CEO), Chief Nuclear Officer (CNO) and Chairman of the Board of Directors of CENG 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 Calvert Cliffs, Unit Nos. 1 and 2, Calvert Cliffs ISFSI, Nine Mile Point, Unit Nos. 1 and 2, and R.E. Ginna licenses are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. |
| | (d) CENG will establish a Nuclear Advisory Committee (NAC) composed of U.S. citizens who are not officers, directors, or employees of CENG, CEG or EDF Development. 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. |
| | (e) CENG shall cause to be transmitted to the Director, Office of Nuclear Reactor Regulation, within 30 days of knowledge of a filing with the U.S. |
| | |
| | Securities and Exchange Commission, any Schedules 13D or 13G filed pursuant to the Securities and Exchange Act of 1934 that disclose beneficial ownership of any registered classes of CEG stock. |
| | (2) The financial arrangements resulting from the proposed transaction, are subject to the following: |
| | (a) The working capital and cash pooling arrangements described in Article IV of the Operating Agreement included with the application dated January 22, 2009, and supplement dated July 27, 2009, shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application. CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the working capital and cash pooling arrangements in the Operating Agreement without the prior written consent of the NRC staff. |
| | (b) The Support Agreements described in the supplement to the application dated February 26, 2009 (up to $290 million), shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application. CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the Support Agreements as submitted without the prior written consent of the NRC staff, except, however, the intercompany credit agreement referenced in the current licenses for NMP 1 and 2 [condition 2.D(12) for Unit 1 and 2.C(15) for Unit 2] may be revoked or rescinded if and when the $290 million support agreements described in the February 26, 2009, supplement to the |
| | |
| | application become effective. CENG shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than ten days after any funds are provided to CENG or any of the licensees by CEG or EDF Development under any Support Agreement. |
| | (c) The Master Demand Notes described in the supplement to the application dated July 27, 2009, shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application. |
| | CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the Master Demand Notes without the prior written consent of the NRC staff. |
| | IT IS FURTHER ORDERED that CENG shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, of the date of closing of the transfer of EDF Developments ownership and operating interests in CENG at least 1 business day before the closing. Should the transfer of the license not be completed within 1 year of this Order=s date of issuance, this Order shall become null and void, provided, however, that upon written application and for 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 initial application dated January 22, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. |
| | ML090290101), as supplemented by letters dated February 26 (ML090630426), April 8 (ML091000665), June 25 (ML091811094), and July 27, 2009 (ML092150712), and the SE with 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, 11555 Rockville Pike, Room O-1 F21 (First Floor), Rockville, Maryland, and accessible electronically from the ADAMS |
| | |
| | Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail at pdr.resource@nrc.gov. |
| | Dated at Rockville, Maryland, this 9th day of October 2009. |
| | FOR THE NUCLEAR REGULATORY COMMISSION |
| | /RA/ |
| Bruce S. Mallett Deputy Executive Director for Reactor and Preparedness Programs}} | | Bruce S. Mallett Deputy Executive Director for Reactor and Preparedness Programs}} |
Letter Sequence Other |
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Results
Other: ML090760564, ML090760582, ML090760616, ML090760623, ML090760681, ML090760687, ML092570573, ML092570583, ML092570606, ML092570614, ML092570623, ML092590265, ML092880122, ML092880813, ML093000630, ML093000631, ML093000633, ML093000634, ML093000635, ML093010001, ML093070737, ML093290246, ML093310365, ML093310366, ML103090261
|
MONTHYEARML0902901012009-01-22022 January 2009
Application for an Order Approving License Transfers and Conforming License Amendment Request
Project stage: Request
ML0906304262009-02-26026 February 2009
R. E. Ginna and Calvert Cliffs, Units 1 & 2 and Independent Spent Fuel Storage Installation - Supplement to Application for an Order Approving License Transfers and Conforming License Amendment Request
Project stage: Supplement
ML0905703152009-02-26026 February 2009
Acceptance Review Constellation and Edf Development - Application for Approval of License Transfers and Conforming License Amendment Request-Calvert Cliffs Nuclear Power Plant 1 and 2, Nine Mile Point Nuclear Station 1 and 2, and R.E. Ginna
Project stage: Acceptance Review
ML0910006652009-04-0808 April 2009
ISFSI, Nine Mile Point, Units 1 & 2, and R. E. Ginna, Supplemental Information in Support of Application for an Order Approving License Transfers and Conforming License Amendment Request
Project stage: Supplement
ML0907605642009-04-28028 April 2009
Notice of Consideration of Approval of Application Proposed Ownership Interest in Ceng by Edf Development and 10 CFR 50.80 and 72.50 License Transfer and Opportunity for a Hearing - Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2
Project stage: Other
ML0907605822009-04-28028 April 2009
FRN: Notice of Consideration of Approval of Application Proposed Ownership Interest in Ceng by Edf Development and 10 CFR 50.80 and 72.50 License Transfer and Opportunity for a Hearing - Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2
Project stage: Other
ML0907606162009-04-28028 April 2009
Notice of Consideration of Approval of Application Proposed Ownership Interest in Ceng by Edf Development and Opportunity for a Hearing
Project stage: Other
ML0907606232009-04-28028 April 2009
FRN: Notice of Consideration of Approval of Application Proposed Ownership Interest in Ceng by Edf Development and Opportunity for a Hearing - Nine Mile Point Nuclear Station, Units 1 and 2
Project stage: Other
ML0907606872009-04-28028 April 2009
FRN: Notice of Consideration of Approval of Application Proposed Ownership Interest in Ceng by Edf Development and Opportunity for a Hearing - R.E. Ginna Nuclear Power Plant
Project stage: Other
ML0907606812009-04-28028 April 2009
Notice of Consideration of Approval of Application Proposed Ownership Interest in Ceng by Edf Development and Opportunity for a Hearing - R.E. Ginna Nuclear Power Plant
Project stage: Other
ML0916007402009-06-10010 June 2009
Request for Additional Information Application for an Order Approving License Transfers and Conforming License Amendment for Calvert Cliffs, Units 1 & 2, ISFSI, Nine Mile, Units 1 & 2, and R.E. Ginna
Project stage: RAI
ML0918110942009-06-25025 June 2009
ISFSI; Nine Mile Point, Units 1 & 2 and R. E. Ginna - Response to Nrc'S Request for Additional Information
Project stage: Request
ML0919603652009-07-15015 July 2009
E-mail from R. Guzman to E. Tyler Request for Additional Information - CENG-EDF License Transfer (TAC Nos. ME0443, ME0444, ME0445, ME0446, ME0447) - Non-Proprietary
Project stage: RAI
ML0921507122009-07-27027 July 2009
and ISFSI, Nine Mile Point Nuclear Station & R. E. Ginna Nuclear Power Plant - Application for an Order Approving License Transfers and Conforming License Amendment Request, Supplemental Information
Project stage: Supplement
ML0925705732009-10-0909 October 2009
Letter Approving License Transfer Constellation Edf Development
Project stage: Other
ML0925705942009-10-0909 October 2009
Public - Safety Evaluation Indirect License Transfer - Corporate Restructuring of Constellation Energy Nuclear Group, LLC with Edf Development
Project stage: Approval
ML0925706062009-10-0909 October 2009
Order Approving License Transfer Constellation Edf Development
Project stage: Other
ML0925706142009-10-0909 October 2009
Letter Approving License Transfer Constellation Edf Development
Project stage: Other
ML0925902652009-10-0909 October 2009
Letter Approving License Transfer Constellation Edf Development
Project stage: Other
ML0926106882009-10-0909 October 2009
Draft Conforming Amendment Constellation Energy Nuclear Group, LLC and Edf License Transfer
Project stage: Draft Other
ML0925705832009-10-0909 October 2009
Order Approving Application Regarding Proposed Corporate Restructuring and Approving Conforming Amendments
Project stage: Other
ML0925706232009-10-0909 October 2009
Order Approving License Transfer Constellation Edf Development
Project stage: Other
ML0929201682009-10-15015 October 2009
Independent Spent Fuel Storage Installation, Notification of Expected Date of Transfer of Name Calvert Cliffs Nuclear Power Plant, Inc. to Calvert Cliffs Nuclear Power Plant, LLC
Project stage: Request
ML0929901012009-10-19019 October 2009
Units I & 2, Independent Spent Fuel Storage Installation, Nine Mile Point, Units 1 & 2, R. E. Ginna, Supplemental Information in Support of Orders Approving Application Regarding Proposed Corporate Restructuring
Project stage: Request
ML0930001412009-10-25025 October 2009
Independent Spent Fuel Storage Installation; Nine Mile Point, Units 1 & 2 and R. E. Ginna - Supplemental Information Requested by NRC Staff on October 23, 2009
Project stage: Request
ML0930001272009-10-25025 October 2009
Independent Spent Fuel Storage Installation, Nine Mile Point, Units 1 & 2, R. E. Ginna, Unit 1, Submittal of Supplemental Information in Support of Orders Approving Application Regarding Proposed Corporate Restructuring
Project stage: Request
ML0930005062009-10-26026 October 2009
R. E. Ginna Nuclear Power Plant, Supplemental Information in Support of Orders Approving Application Regarding Proposed Corporate Restructuring
Project stage: Request
ML0930006312009-10-30030 October 2009
Order Superceding October 9, 2009, Order Approving Application Regarding Proposed Corporate Restructuring and Approving Conforming Amendments
Project stage: Other
ML0930100032009-10-30030 October 2009
Revised Safety Evaluation Public Indirect License Transfer - Corporate Restructuring of Constellation Energy Nuclear Group, LLC with Edf Development
Project stage: Approval
ML0928801222009-10-30030 October 2009
ISFSI License Pages Amendment No. 8 - Direct Transfer Calvert Cliffs Nuclear Power Plant Inc. to LLC
Project stage: Other
ML0928808132009-10-30030 October 2009
ISFSI - Conforming Amendment Calvert Cliffs Nuclear Power Plant Inc. to LLC
Project stage: Other
ML0930006302009-10-30030 October 2009
Revised Letter Approving License Transfer Constellation Edf Development
Project stage: Other
ML0930006342009-10-30030 October 2009
Revised Letter Approving License Transfer Constellation Edf Development
Project stage: Other
ML0930100012009-10-30030 October 2009
Revised Letter Approving License Transfer Constellation Edf Development
Project stage: Other
ML0928808052009-10-30030 October 2009
ISFSI, Issuance of Conforming Amendments Calvert Cliffs Nuclear Power Plant, Inc., to LLC
Project stage: Approval
ML0930006332009-10-30030 October 2009
Order Superceding October 9, 2009, Order Approving License Transfer Constellation Edf Development
Project stage: Other
ML0930006352009-10-30030 October 2009
Order Superceding October 9, 2009, Order Approving License Transfer Constellation Edf Development
Project stage: Other
ML0930707372009-11-12012 November 2009
ISFSI License - Correction Letter for October 30, 2009, Issued Conforming Amendment License Pages
Project stage: Other
ML0932706122009-11-25025 November 2009
Summary of Closed Meeting Held with Constellation Energy Nuclear Group, LLC to Discuss Joint Venture with Edf Development, Inc
Project stage: Meeting
ML0932902462009-11-30030 November 2009
Correction Letter to Pages of Enclosure 1 of the October 30, 2009, Order Approving the Transfer of Licenses for Ccnpp and ISFSI
Project stage: Other
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
Project stage: Other
ML0933103662009-11-30030 November 2009
Correction Letter to Pages of Enclosure 1 of the October 30, 2009, Order Approving the Transfer of Licenses for R.E. Ginna Nuclear Power Plant
Project stage: Other
ML1030902612010-10-25025 October 2010
Independent Spent Fuel Storage Installation, Nine Mile Point, Units 1 & 2 and R.E. Ginna - Submittal of Securities and Exchange Commission Schedules
Project stage: Other
2009-11-25
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Category:Federal Register Notice
MONTHYEARML21294A3762021-11-16016 November 2021
Federal Register Notice for Order Approving Indirect Transfer of Licenses
ML21145A0142021-05-26026 May 2021
Fleet and the Associated Independent Spent Fuel Storage Installations - Extension of Comment Period for Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing EPID L-2021-L
ML21145A0152021-05-26026 May 2021
FRN Exelon License Transfer - Extend Comment Period
ML21102A0752021-04-28028 April 2021
Fleet - Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity for a Hearing (FRN)
ML21061A0672021-04-13013 April 2021
FRN, Exemption from the Requirements of 10 CFR 2.109(b) Related to Submission of Subsequent License Renewal Application
ML21060A5962021-03-0909 March 2021
FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding 10 CFR Part 26 for February 2021
ML20269A2002020-09-30030 September 2020
Request to Use a Provision of Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI (EPID L2020-LLR-0117
ML20243A0002020-09-23023 September 2020
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Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019
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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
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Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: October 11, 2016
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Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016
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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
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Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016
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Final Environmental Assessment and Finding of No Significant Impact Related to Preemption Authority Requests
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Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015
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G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units
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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
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G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units
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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
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Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark Ii Containments
2021-05-26
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Category:Order
MONTHYEARML22021B6592022-02-0101 February 2022
Issuance of Amendments Related to Order Approving Transfer of Licenses (EPID L-2022-LLM-0000) (Letter)
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2022-02-01
[Table view] |
Text
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION NRC-2009-0193 In the Matter of ) Docket Nos. 50-220 and 50-410
)
EDF DEVELOPMENT, INC. ) Renewed License No. DPR-63
) Renewed License No. NPF-69 CONSTELLATION ENERGY NUCLEAR )
GROUP, LLC )
)
NINE MILE POINT NUCLEAR STATION, LLC )
)
(Nine Mile Point Nuclear Station )
Unit Nos. 1 and 2) )
ORDER APPROVING APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING I.
Nine Mile Point Nuclear Station, LLC (NMPNS, LLC or the licensee) is the holder of Renewed Facility Operating License Nos. DPR-63 and NPF-69, which authorize the possession, use, and operation of the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP 1 and 2). The facility is located at the licensees site in Oswego, New York.
II.
By letter dated January 22, 2009, as supplemented on February 26, April 8, June 25, and July 27, 2009 (together, the application), Constellation Energy Nuclear Group, LLC (CENG), on behalf of the licensee and EDF Development, Inc. (EDF Development) (together, the applicants), requested that the Nuclear Regulatory Commission (NRC, the Commission),
pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.80, consent to the indirect license transfers that would be effected by the indirect transfer of control of CENGs ownership and operating interests in NMP 1 and 2. The actions being sought as a result of certain proposed corporate restructuring actions in connection with a planned investment by EDF
Development whereby it would acquire a 49.99% ownership interest in CENG from Constellation Energy Group, Inc. (CEG), the current 100% owner of CENG. EDF Development is a U.S. corporation organized under the laws of the State of Delaware and a wholly-owned subsidiary of E.D.F. International S.A., a public limited company organized under the laws of France, which is in turn a wholly-owned subsidiary of Électricité de France S.A., a French limited company.
Following the proposed transaction, EDF Development will hold a 49.99% ownership interest in CENG; CEG will hold a 50.01% ownership interest in CENG through two new intermediate parent companies, Constellation Nuclear, LLC and CE Nuclear, LLC, formed for non-operational purposes. In addition, Constellation Nuclear Power Plants, Inc., which is currently an intermediate holding company between CENG and NMPNS, LLC and R.E. Ginna Nuclear Power Plant, LLC, will convert to a Delaware limited liability company and become Constellation Nuclear Power Plants, LLC, and will exist as an intermediate holding company between CENG and NMPNS, LLC, R.E. Ginna Nuclear Power Plant, LLC, and Calvert Cliffs Nuclear Power Plant, LLC. No physical changes to the facilities or operational changes are being proposed in the application.
Approval of the transfer of the license is requested by the applicants pursuant to 10 CFR 50.80. Notice of the request for approval and opportunity for a hearing was published in the Federal Register on May 6, 2009 (74 FR 21015). No hearing requests or petitions to intervene were received. The NRC received comments from a member of the public in Seattle, Washington, in an e-mail dated May 22, 2009. The comments did not provide any information additional to that in the application, nor did they provide any information contradictory to that provided in the application.
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 Commission shall give
its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements contained in the application, the NRC staff has determined that the proposed indirect license transfer of control of the subject license held by the licensee to the extent such will result from the proposed corporate restructuring actions in connection with the planned investment by EDF Development whereby it will acquire a 49.99% ownership interest in CENG, to the extent affected by the proposed transaction as described in the application, is otherwise consistent with applicable provisions of law, regulations, and Orders issued by the NRC, pursuant thereto, subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendment 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 license amendment 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 license amendment 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 amendments will be in accordance with 10 CFR Part 51 of the Commission=s regulations and all applicable requirements have been satisfied.
The findings set forth above are supported by the NRC staffs safety evaluation (SE) 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 application regarding the indirect license transfers related to the proposed corporate
restructuring actions in connection with the planned investment by EDF Development, as described herein, is approved, subject to the following conditions:
(1) The ownership and governance arrangements as a result of the proposed transaction, is subject to the following:
(a) The Operating Agreement included with the application dated January 22, 2009, may not be modified in any material respect concerning decision-making authority over safety issues as defined therein without the prior written consent of the Director, Office of Nuclear Reactor Regulation.
(b) At least half the members of CENGs Board of Directors must be U.S.
citizens.
(c) The Chief Executive Officer (CEO), Chief Nuclear Officer (CNO) and Chairman of the Board of Directors of CENG 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 Calvert Cliffs, Unit Nos. 1 and 2, Calvert Cliffs ISFSI, Nine Mile Point, Unit Nos. 1 and 2, and R.E. Ginna licenses are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States.
(d) CENG will establish a Nuclear Advisory Committee (NAC) composed of U.S. citizens who are not officers, directors, or employees of CENG, CEG or EDF Development. 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.
(e) CENG shall cause to be transmitted to the Director, Office of Nuclear Reactor Regulation, within 30 days of knowledge of a filing with the U.S.
Securities and Exchange Commission, any Schedules 13D or 13G filed pursuant to the Securities and Exchange Act of 1934 that disclose beneficial ownership of any registered classes of CEG stock.
(2) The financial arrangements resulting from the proposed transaction, are subject to the following:
(a) The working capital and cash pooling arrangements described in Article IV of the Operating Agreement included with the application dated January 22, 2009, and supplement dated July 27, 2009, shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application. CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the working capital and cash pooling arrangements in the Operating Agreement without the prior written consent of the NRC staff.
(b) The Support Agreements described in the supplement to the application dated February 26, 2009 (up to $290 million), shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application. CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the Support Agreements as submitted without the prior written consent of the NRC staff, except, however, the intercompany credit agreement referenced in the current licenses for NMP 1 and 2 [condition 2.D(12) for Unit 1 and 2.C(15) for Unit 2] may be revoked or rescinded if and when the $290 million support agreements described in the February 26, 2009, supplement to the
application become effective. CENG shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than ten days after any funds are provided to CENG or any of the licensees by CEG or EDF Development under any Support Agreement.
(c) The Master Demand Notes described in the supplement to the application dated July 27, 2009, shall be effective as of the date of the transfer and shall be consistent with the representations contained in the application.
CENG and NMPNS, LLC shall take no action to cause CEG and/or EDF Development, or their successors and assigns, to void, cancel or materially modify the Master Demand Notes without the prior written consent of the NRC staff.
IT IS FURTHER ORDERED that CENG shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, of the date of closing of the transfer of EDF Developments ownership and operating interests in CENG at least 1 business day before the closing. Should the transfer of the license not be completed within 1 year of this Order=s date of issuance, this Order shall become null and void, provided, however, that upon written application and for 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 initial application dated January 22, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No.
ML090290101), as supplemented by letters dated February 26 (ML090630426), April 8 (ML091000665), June 25 (ML091811094), and July 27, 2009 (ML092150712), and the SE with 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, 11555 Rockville Pike, Room O-1 F21 (First Floor), Rockville, Maryland, and accessible electronically from the ADAMS
Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail at pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 9th day of October 2009.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Bruce S. Mallett Deputy Executive Director for Reactor and Preparedness Programs
