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| {{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION | | {{#Wiki_filter:}} |
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| In the Matter of ) Docket Nos.
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| EXELON GENERATION COMPANY, LLC; EXELON ) 50-317, 50-318, 50-220, CORPORATION; EXELON FITZPATRICK, LLC; ) 50-410, 72-1036, 50-244, NINE MILE POINT NUCLEAR STATION, LLC; ) and 72-67 R. E. GINNA NUCLEAR POWER PLANT, LLC; and
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| )
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| CALVERT CLIFFS NUCLEAR POWER PLANT, LLC
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| )
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| (Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Nine Mile Point Nuclear Station, Units 1 and 2; )
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| R. E. Ginna Nuclear Power Plant) )
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| )
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| (Consideration of Approval of Transfer of Licenses and )
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| Conforming Amendments) )
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| ________________________________________________ )
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| EDF INC.S NOTICE OF WITHDRAWAL OF EDF INC.S PETITION FOR LEAVE TO INTERVENE AND HEARING REQUEST EDF Inc. (EDF) hereby withdraws its petition for leave to intervene and its request for a hearing filed on June 14, 2021, in the above-captioned proceeding,1 which is currently pending before the Nuclear Regulatory Commission (NRC or Commission).
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| The proceeding relates to the Application for Order Approving License Transfers and Proposed Conforming License Amendments filed by Exelon Generation Company, LLC (ExGen) on behalf of itself and other Applicants2 on February 25, 2021 (Application).
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| 1 EDF Inc., Petition of EDF Inc. for Leave to Intervene and Request for a Hearing (June 14, 2021) (ML21165A295).
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| 2 Exelon Generation Company, LLC et al., Application for Order Approving License Transfers and Proposed Conforming License Amendments (Feb. 25, 2021) (ML21057A273), as supplemented by {{letter dated|date=March 25, 2021|text=letter dated March 25, 2021}} (ML21084A165) (Application). Unless otherwise stated, citations to Application will refer to the February 25, 2021 submission. The Application is made on behalf of Exelon Generation Company, LLC (Exelon Generation), on behalf of itself and Exelon Corporation, Exelon FitzPatrick, LLC (Exelon FitzPatrick, LLC), Nine Mile Point Nuclear Station, LLC (NMP LLC), R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC), and Calvert Cliffs Nuclear Power Plant, LLC (Calvert LLC) (collectively, Applicants).
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| Pursuant to a certain Put Agreement entered in connection with the 2014 transaction,3 EDF has exercised a contractual option to sell its 49.99% interest in Constellation Energy Nuclear Group, LLC (CENG) to ExGen or its subsidiaries (Put Transaction). ExGen and EDF notified the NRC of EDFs exercise of the put option in an {{letter dated|date=April 24, 2020|text=April 24, 2020 letter}}. That letter confirmed that, because the Put Transaction does not involve either a direct or indirect transfer of control of the Facilities (Calvert Cliffs Units 1 and 2, Nine Mile Point Units 1 and 2, and Ginna Unit 1), the licensees, or the NRC licenses to own or operate the Facilities, no NRC approval is required for closing the Put Transaction.4 On August 6, 2021, EDF and ExGen closed the Put Transaction. As a result, EDF no longer has an ownership interest in CENG, the entity that indirectly owns: (i) Nine Mile Point Nuclear Station, LLC, which, in turn, owns 100% of Nine Mile Point Unit 1 and an undivided 82% interest in Nine Mile Point Unit 2, (ii) R.E. Ginna Nuclear Power Plant, LLC, which owns 100% of the R.E. Ginna Nuclear Power Plant; and (iii) Calvert Cliffs Nuclear Power Plant, LLC, which owns 100% of Calvert Cliffs Units 1 and 2. Consequently, EDF no longer has an interest in this proceeding.
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| With this filing, therefore, EDF gives notice that it withdraws its petition to intervene and hearing request, with prejudice, in this docket.
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| 3 The Put Agreement entered between ExGen, EDF, and CENG on April 1, 2014, provided EDF with the ability to sell, transfer, and convey its 49.99% membership interest in CENG to ExGen on certain terms and subject to certain conditions (Put Agreement).
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| 4 Letter from J. B. Fewell, Exelon Generation, and Michael Hill, EDF, Inc., to NRC Document Control Desk, Constellation Energy Nuclear Group, LLC; Notification of Change in Indirect Ownership (Apr. 24, 2020)
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| (ML20115E609).
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| 2
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| Dated: August 9, 2021 Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
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| Noah C. Shaw FOLEY HOAG LLP 1301 Avenue of the Americas, 25th floor New York, NY 10019 Phone: (646) 927-5587 Email: ncshaw@foleyhoag.com Signed (electronically) by Peter S. Ross Peter S. Ross FOLEY HOAG LLP 1301 Avenue of the Americas, 25th floor New York, NY 10019 Phone: (646) 927-5596 Email: pross@foleyhoag.com Attorneys for EDF Inc.
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| 3
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| UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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| )
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| In the Matter of )
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| ) Docket Nos.
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| EXELON GENERATION COMPANY, LLC; EXELON )
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| CORPORATION; EXELON FITZPATRICK, LLC; ) 50-317, 50-318, 50-220, NINE MILE POINT NUCLEAR STATION, LLC; ) 50-410, 72-1036, 50-244, R. E. GINNA NUCLEAR POWER PLANT, LLC; and ) and 72-67 CALVERT CLIFFS NUCLEAR POWER PLANT, LLC )
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| )
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| (Calvert Cliffs Nuclear Power Plant, Units 1 )
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| and 2; Nine Mile Point Nuclear Station, units 1 and 2; )
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| )
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| R. E. Ginna Nuclear Power Plant)
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| )
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| )
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| (Consideration of Approval of Transfer of Licenses and )
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| Conforming Amendments) )
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| CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that the foregoing EDF Inc.s Notice of Withdrawal of EDF Inc.s Petition for Leave to Intervene and Hearing Request was served upon the Electronic Information Exchange (the NRCs E-Filing system), in the above-captioned proceeding.
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| Dated: August 9, 2021 Respectfully submitted, Signed (electronically) by Peter S. Ross Peter S. Ross FOLEY HOAG LLP 1301 Avenue of the Americas, 25th floor New York, NY 10019 Phone: (646) 927-5596 Email: pross@foleyhoag.com Attorney for EDF Inc.}}
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