ML12226A005

Company, Notice of Change in Ownership Structure

ML12226A005
Person / Time
Site:	Maine Yankee
Issue date:	07/18/2012
From:	Connell J Maine Yankee Atomic Power Co
To:	Division of Security Operations, Office of Nuclear Material Safety and Safeguards
References
OMY-12-048
Download: ML12226A005 (6)

Text

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iatre Yankee 321 OLD FERRY RD - WISCASSET, ME 04578-4922 July 18, 2012 OMY-12-048 Attn: Information Security Branch Division of Security Operations Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission, DC 20555-0001

References:

(a) Maine Yankee Atomic Power Company License No. DPR-36 (Docket No. 50-309, 72-30)

(b) NRC Letter, B.W. Stapleton to W. Norton, Re: FOCI Determination (3/2/2012)

(c) NRC Letter, L. Lund to D.A. Rocheleau, Central Vermont Public Service Corporation, Re: Request for Threshold Determination - Merger Between CVPS and Gaz Metro (6'15/2012)

(d) Maine Yankee Letter, W. Norton to NRC Document Control Desk, Re:

Submittal of Corrected Negation Action Plan (4/24/2012)

Re:"' Notice of Chalnie in Ownershi Structure -

on March 2, 2012, ii Reference.,(b) the'Nuclear Regulatory Commission (NRCI) i~ssued a favorable Foreign Owneship, Control,, or Jfjiifiteqce (EOCI) determination for Maine Yankee Atomic Power Cbmpany Maine YankFe) i9 ,prdance with,40 CY.,R;. Part 95.

As rquired by 10 .R. 95 7(a), Maine Vankee hereby ne ifies the NRC that on June 27, 2012, Ceiitir¥a Ve'iti6iii Public Serfvice Corporation (CVPS) and Gaz Metro Limited Partnership (Gaz Mdtro) completed a merger as described in Reference (c). CVPS owns 2% of the outstanding common stock of Maine Yankee. As a result of the transaction, CVPS became.

an indirect wholly-owned subsidiary of Gaz Mdtro. CVPS is a Vermont corporation. Gaz Metro is a Canadian energy company.

Maine ;Yankeehas previousl~y implemented a Negation Action;Plan,(NAP)'with respect to potential. Foreigii Owriership,'Contr6i or Influiehice (FOCI) under 10 C.F.R. Part 95, which also satisfies any potential Foreign Ownership, Ctnol or,,.Demination (FOCD);Unider 10 C.F.R. Part 50 Tlhe NAP was rnst recently descurbe.l '. Mawne Yankee correspondence:to the NRC dked April 24, 2012 (Refereome(d)). and" an,, NRC, onfirmatory ,,Order dated June 4.1'20 12.'"'In accordance with the NAP, Maine Yankee has obtained the certifications of Stephen W. Page and Charles Watts regarding FOOD/FOCIissues Messrs. Page and Watts are the member and alternate member, respectively, of the Maine Yankee Board of Directors as appointees of CVPS.

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Messrs. Page and Watts will be excluded from access to classified information under Mainz Yankee's Facility Clearance.

As previously stated to the NRC in applying for the Part 95 Facility Clearance, no individual cleared or to be cleared for Maine Yankee for access to classified information will be a representative of a foreign interest. Further, as the NRC concluded in Reference (c), the merger of CVPS into Gaz Metro does not constitute a direct or indirect transfer of control of Maine Yankee. The merger also does not introduce any other issues with respect to FOCI.

Separately, Richard Manning has been appointed to the Maine Yankee Board of Directors by Maine Public Service Company (MPS), an existing Maine Yankee shareowner.

MPS is an indirect wholly-owned subsidiary of Emera, Inc., a Canadian corporation. MPS has also designated Gerard Chasse as an alternate director of Maine Yankee. Mr. Chasse is already a member of the Maine Yankee Board as an appointee of Bangor Hydro-Electric Company, also an indirect wholly-owned subsidiary of Emera. In accordance with the Maine Yankee NAP, Mr.

Markey and Mr. Chasse have executed. certifications regarding their exclusions and responsibilities related to FOCD/FOCI matters.

If you have any questions or require additional information, please contact me, or Maine Yankee's General Counsel, Joe Fay, at (207) 350-0300.

Sincerely, rames Connell ISFSI Manager C: Bernard Stapleton John Goshen Separately, as described in correspondence from CVPS to the NRC, Gaz Mdtro is implementing its own 10 C.F.R. Part 50 FOCD Negation Action Plan for CVPS, te assure no FOCD issues exist with respect to CVPS's ownership interest in Millstone Station, Unit 3.

DC:710089 I

Maine Yankee Atomic Power Company Certificationof Foreign Sponsor Representative I, Gerard Chasse, am an alternate direclor of the Maine Yankee Atomic Power Company

("Maine Yankee"), and have been appointedto that position as a representative of Maine Public Service Corporation. [ understand that Maine Public Service Corporation is an indirect wholly-owned subsidiary of a foreign corporation.

I am aware of the obligations of Maine Yankee with respect to Foreign Ownership, Control, or Domination ("FOCD") under 10 C.F.R. 50.38 and Foreign Ownership, Control, or Influence

("FOCI") under I 0 C.F.R. Part 95. 1 am also aware of the protective measures implemented by Maine Yankee with respect to FOCI) and FOCI requirements. I certify my understanding of the protective measures implemented by Maine Yankee with respect to exclusion of foreign-controlled sponsors and their representatives from access to classified information and special nuclear material. [ ftnlher certify my understanding of the Maine Yankee's obligations with respect to FOCD/FOCI, and more generally with respect to compliance with the Nuclear Regulatory Commission ("NRC") license and NRC regulations. I will not seek and will not obtain access to classified information or to special nuclear material, nor will I take any action, to circumvent the protective measures with respect to FOCD and FOCI implemented by Maine Yankee.

Dated: June,'*, 2012 /

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Maine Yanike Atomic Power Company Certificationqflforeign Sponsor Representative 1, Richard Maiming, am a director of the Maine Yankee Atomic Power Company ("Maine Yankee"), and have been appointed to that position as a representative of Maine Public Service Corporation. I understand that Maine Public Service Corporation is an indirect wholly.-owned subsidiary of a fbreign corporation.

I am aware of the obligations of Maine Yankee with respect to Foreign Ownership, Control, or Domination ("FOCD") under 10 C.F.R. 50.38 and Foreign Ownership, Control, or Influence

("FOCI") under 10 C.F.R. Part 95. 1 am also aware of the proltctive measures implemented by Maine Yankee with r1especitto FOCD and FOCI requirements. I certify my understanding of the protective measures implemented by Maine Yankee with respect to exclusion of foreign-controlled sponsors and their representatives from accessto classi fied informainon a d. special nuclear material- I fiurther certify my understanding of the Maine Yankee's Obligatiu6s with respect to FOCD/FOC'I, and more generally with respect to compliance withl, the Nuclear Regulatory Commission ("NRC") license and NRC regulations. I will, not seek ýand'will not obtain access to classified inftbrmation or to special nuclear materia'l, nor will I take any action~to circumvent the protective nmasures with respect to FOCD and FOCI implemented -by Maine Yankee.

Dated: June . 2012 Cf /

Signature: ,__

Richard Manning

NMa inoe Yankee Atomic Power Com pany Cert!/ifcotio;, 0 l~orcigro ,Sp:OnsorRepresentaci/ve

~,C k"C'vIr S'J'1$,am a director o1 the tMaine Yankee Atomic Power Company ("Maine Yankee"). and have been appointed to, that position as a representative of Central Vermont Public Service Corporation. I understand thait as ol"To - .. 2-7, 2012, Central VermIOnlt lublic Service Corporation is an indirect' wholly-owned subsidiaity ola foreign coirporation.

I am aware of thlc obligations of Maine Yankee with respect to Foreign Ownership, Control, or Domination ("FOCD") under 10* . 50.38 and l oreign Ownership. Control, or Influence

("IFOCI') under 10 C.1'.R. Part 95. I am also aware of the piotective mCasuICs implemented by Maine Yankee with respect to FOCD lndFOCI reuiru e1tes. I C01tify my understanding of the protective measuires impleenkted by Maine Yankee with respect to exclusion olt lforeign-controlled sponsors and their representatives from access to classified infomrmation amd special LiIClear material. I I urthuer cevtit my underistanding of the Maine Y aikec' s obligations with respect to FOCD/FOCI, and more generally W*ith L:espect to compi)iance with the Nuciear Regulator'y Commission ("NRC") license and NRC regullatins, I will nrot seek and Will 'rot obtain access to classified informati or to special nuclear material, nor wMill I take, any action to circuwvent tthe protective measures with respect to FOCID and FOCI impememnkted by NMIaine Yankee.

Dated: June __2012 Signature:

C:656,B I

Maine Yankee. Atomic Power Company 1 Cr"m

/ a) director 01 the Mune Yankee Atolmic Power Companby C tinrs*t.t Yuatk~c*'"anId lhave been appointed to that position as a rep*esentative ol Central Vermont Public Service Corporation. I understand that as o 2 2012, Central Vermont, Public Sertvice Corporation is an indirect wholly-owned subsidiary o.1! I' r*ign corporation.

I am awaree of the obligations of Maine Yankee with respect to I'oreign Ownership, Control. or Domination ("t'OCD") undke .r 5038 and Foreign OwnerShip, Control, or Influenc.e

("FOCI") under 10 C.F.R. Part 95. 1am also aware of thle protective measures implemented by Maine Ya'ikee with respect to FOCD and FOCI requircemnts. I certify my und, irstanding of tle protective mcasn'es implemented by Maine Yankee with, respect to exclusion ofroreign-controlled sponsors and their representali~ves from access to classified information and special nuclear material. I Further certify my understanding of the Maine Yankee's obligations with respect to FOCD/FOCL and more generallyv with respec~t to compliance with 'the Nuclear Regulatory Cominlission ("NRC") license and NRC regulations. I will not seek and will not obtain access to classified inlformatnion or to special: nu*eear material, nor will ., taike any actionjto circumvent thle protective measures. with respect to FOCD and. FOCI impleniented by Maine Yankee.

l)ated: June ) 2012 Si 1) / ...

Sigati( . ,

I)C:695,164.1B