|
|
(4 intermediate revisions by the same user not shown) |
Line 2: |
Line 2: |
| | number = ML092570623 | | | number = ML092570623 |
| | issue date = 10/09/2009 | | | issue date = 10/09/2009 |
| | title = Nine Mile Point Nuclear Station Unit Nos. 1 and 2 - Order Approving License Transfer Constellation Edf Development (TAC No. ME0446 and ME0447) | | | title = Order Approving License Transfer Constellation Edf Development |
| | author name = Mallett B S | | | author name = Mallett B |
| | author affiliation = NRC/EDO | | | author affiliation = NRC/EDO |
| | addressee name = | | | addressee name = |
Line 9: |
Line 9: |
| | docket = 05000220, 05000410 | | | docket = 05000220, 05000410 |
| | license number = DPR-063, NPF-069 | | | license number = DPR-063, NPF-069 |
| | contact person = Guzman R V, NRR/DORL, 415-1030 | | | contact person = Guzman R, NRR/DORL, 415-1030 |
| | case reference number = NRC-2009-0193, TAC ME0446, TAC ME0447 | | | case reference number = NRC-2009-0193, TAC ME0446, TAC ME0447 |
| | package number = ML092590194 | | | package number = ML092590194 |
Line 19: |
Line 19: |
|
| |
|
| =Text= | | =Text= |
| {{#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 |
---|
|
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
[Table View] |
|
---|
Category:Federal Register Notice
MONTHYEARML24044A0732024-02-28028 February 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - January 2024 ML21294A3762021-11-16016 November 2021 Federal Register Notice for Order Approving Indirect Transfer of Licenses ML21145A0152021-05-26026 May 2021 FRN Exelon License Transfer - Extend Comment Period ML21145A0142021-05-26026 May 2021 Fleet and the Associated Independent Spent Fuel Storage Installations - Extension of Comment Period for Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing EPID L-2021-L ML21102A0752021-04-28028 April 2021 Fleet - Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity for a Hearing (FRN) ML21061A0672021-04-13013 April 2021 FRN, Exemption from the Requirements of 10 CFR 2.109(b) Related to Submission of Subsequent License Renewal Application ML21060A5962021-03-0909 March 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding 10 CFR Part 26 for February 2021 ML20269A2002020-09-30030 September 2020 Request to Use a Provision of Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI (EPID L2020-LLR-0117 ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20156A4002020-06-30030 June 2020 Individual Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, Opportunity for Hearing ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML19337A0312019-12-11011 December 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 12/17/2019 ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 ML18351A0022019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 NRC-2018-0287, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/20192019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 ML18304A3042018-11-23023 November 2018 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing NRC-2018-0262, Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing2018-11-23023 November 2018 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing ML18002A3812018-01-24024 January 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: February 6, NRC-2018-0011, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: Februar2018-01-24024 January 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: February 6, ML17143A1182017-05-24024 May 2017 FRN Individual Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Sig. Hazards Consideration, and Opportunity for Hearing (CAC Nos. MF9720-21) ML16271A0922016-09-28028 September 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: October 11, 2016 NRC-2016-0202, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 20162016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16257A5172016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16004A1182016-01-0707 January 2016 FRN, Issuance of Confirmatory Orders, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 ML15320A2842015-12-0808 December 2015 Final Environmental Assessment and Finding of No Significant Impact Related to Preemption Authority Requests ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 NRC-2015-0240, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: Novemb2015-10-23023 October 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: November 3, ML15279A3362015-10-23023 October 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: November 3, ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 ML15148A3762015-06-0101 June 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Published June 9, 2015 ML15120A2272015-05-0101 May 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 12, 2015 NRC-2015-0009, G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units2015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6482015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6302015-01-15015 January 2015 G20110262 - Final Response to Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14303A3812014-10-31031 October 2014 Biweekly Sholly FRN - Application and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: November 12, 2014 NRC-2014-0228, Federal Register Notice License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 22014-10-21021 October 2014 Federal Register Notice License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 2 ML14282A6282014-10-21021 October 2014 Federal Register Notice License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 2 ML14189A6652014-07-24024 July 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information - August 5, 2014 ML14126A4382014-05-20020 May 2014 Facility Operating and Combined Licenses: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acces ML14063A1842014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments ML13294A0702013-12-18018 December 2013 Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials Licenses, and Conforming Amendments Containing SUNSI ML13294A0392013-11-0707 November 2013 Notice of Consideration of Approval of Transfer of Renewed Facility Operating Licenses and Conforming Amendments,.. ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13121A4592013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended NRC-2013-0127, Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended2013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status 2024-02-28
[Table view] Category:Order
MONTHYEARML22021B6592022-02-0101 February 2022 Issuance of Amendments Related to Order Approving Transfer of Licenses (EPID L-2022-LLM-0000) (Letter) ML22021B6602022-02-0101 February 2022 Issuance of Amendments Related to Order Approving Transfer of Licenses (EPID L-2022-LLM-0000)-Enclosure 1 ML21277A1922021-11-16016 November 2021 Enclosure 1, Order Approving Transfer of Licenses and Draft Conforming License Amendments ML14126A4382014-05-20020 May 2014 Facility Operating and Combined Licenses: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acces ML14063A1842014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments ML14106A0532014-03-25025 March 2014 Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13038A1142013-06-0505 June 2013 Issuance of Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of Atomic Energy Act of 1954, as Amen NRC-2009-0193, FRN: General Notice. Order Approving Application Regarding Proposed Corporate Merger and Indirect Transfer of Licenses2012-02-15015 February 2012 FRN: General Notice. Order Approving Application Regarding Proposed Corporate Merger and Indirect Transfer of Licenses ML1203400312012-02-15015 February 2012 FRN: General Notice. Order Approving Application Regarding Proposed Corporate Merger and Indirect Transfer of Licenses ML0933103652009-11-30030 November 2009 Correction Letter to Pages of Enclosure 1 of the October 30, 2009, Order Approving the Transfer of Licenses for NMPNS, Unit Nos. 1 and 2 ML0930006352009-10-30030 October 2009 Order Superceding October 9, 2009, Order Approving License Transfer Constellation Edf Development ML0930006342009-10-30030 October 2009 Revised Letter Approving License Transfer Constellation Edf Development ML0925706232009-10-0909 October 2009 Order Approving License Transfer Constellation Edf Development ML0925706142009-10-0909 October 2009 Letter Approving License Transfer Constellation Edf Development ML0615202252006-08-0303 August 2006 Order Approving Application Regarding Indirect License Transfers ML0309401982003-04-29029 April 2003 Issuance of Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel ML0309106252003-04-29029 April 2003 EA-03-039, Addressee List, (Order Issued by Program Office or OE for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Per 2022-02-01
[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