ML082950442: Difference between revisions

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{{#Wiki_filter:October 27, 2008 Mr. Louis S. Larragoite Manager - Nuclear Safety and Security Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702  
{{#Wiki_filter:October 27, 2008 Mr. Louis S. Larragoite Manager - Nuclear Safety and Security Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702


==SUBJECT:==
==SUBJECT:==
REQUEST FOR ADDITIONAL INFORMATION RE: INCREASED OWNERSHIP OF CONSTELLATION ENERGY GROUP, INC. BY E
REQUEST FOR ADDITIONAL INFORMATION RE: INCREASED OWNERSHIP OF CONSTELLATION ENERGY GROUP, INC. BY ELECTRICITE DE FRANCE - CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, R.E. GINNA NUCLEAR POWER PLANT, AND NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 (TAC NOS. MD9634 -
LECTRICITE DE FRANCE - CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, R.E. GINNA NUCLEAR POWER PLANT, AND NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 (TAC NOS. MD9634 - MD9638)
MD9638)


==Dear Mr. Larragoite:==
==Dear Mr. Larragoite:==


This is in regard to the letter dated September 8, 2008, from Mr. Michael J. Wallace, Vice Chairman of Constellation Energy Group, Inc. (Constellation) to Mr. R. William Borchardt, the Executive Director for Operations at the Nuclear Regulatory Commission (NRC). The letter described an increase in ownership of Constellation's outstanding common stock by E lectricite de France (EDF), a foreign-controlled entity, from 4.97 percent to 9.5 percent.
This is in regard to the letter dated September 8, 2008, from Mr. Michael J. Wallace, Vice Chairman of Constellation Energy Group, Inc. (Constellation) to Mr. R. William Borchardt, the Executive Director for Operations at the Nuclear Regulatory Commission (NRC). The letter described an increase in ownership of Constellations outstanding common stock by Electricite de France (EDF), a foreign-controlled entity, from 4.97 percent to 9.5 percent.
Constellation is the parent company of Calvert Cliffs Nuclear Power Plant, Inc., R.E. Ginna Nuclear Power Plant, LLC, and Nine Mile Point Nuclear Station, LLC, the licensees for the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, the R.E. Ginna Nuclear Power Plant, and the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, respectively. Under Sections 103 and 104 of the Atomic Energy Act of 1954, as amended (Act), and the NRC's regulation at Title 10 of the Code of Federal Regulations (10 CFR) 50.38, the NRC may not issue a license under those sections of the Act to a corporation or other entity if the NRC knows or has reason to believe that such entity is owned, controlled, or dominated by a foreign interest. The acquisition of additional shares of Constellation by EDF raises a question as to whether the facilities listed above, as indirect wholly-owned subsidiaries of Constellation, are owned, controlled, or dominated by a foreign interest in violation of the Act and the NRC's regulation.
Constellation is the parent company of Calvert Cliffs Nuclear Power Plant, Inc., R.E. Ginna Nuclear Power Plant, LLC, and Nine Mile Point Nuclear Station, LLC, the licensees for the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, the R.E. Ginna Nuclear Power Plant, and the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, respectively. Under Sections 103 and 104 of the Atomic Energy Act of 1954, as amended (Act), and the NRCs regulation at Title 10 of the Code of Federal Regulations (10 CFR) 50.38, the NRC may not issue a license under those sections of the Act to a corporation or other entity if the NRC knows or has reason to believe that such entity is owned, controlled, or dominated by a foreign interest. The acquisition of additional shares of Constellation by EDF raises a question as to whether the facilities listed above, as indirect wholly-owned subsidiaries of Constellation, are owned, controlled, or dominated by a foreign interest in violation of the Act and the NRCs regulation.
In light of the above, please provide the following:  
In light of the above, please provide the following:
(1)    A copy of the Schedule 13D filed by EDF with the Securities and Exchange Commission disclosing EDFs increased investment in Constellation.
(2)    A copy of the investor agreement dated July 20, 2007, between EDF and Constellation.
(3)    A statement as to whether there are any known written or unwritten agreements or understandings between EDF and any other shareholder of Constellation regarding acquiring or maintaining control of Constellation, whether by voting shares or soliciting proxies, or otherwise. If such a written agreement or understanding exists, please submit a copy. If an unwritten agreement or understanding exists, please provide details.


(1) A copy of the Schedule 13D filed by EDF with the Securities and Exchange      Commission disclosing EDF's increased investment in Constellation.
L. Larragoite                                    (4)   A statement as to whether EDF plans to acquire additional shares of Constellation, directly or indirectly, and whether EDF plans to or has acquired control of Constellation, whether or not by acting in concert with any other person or entity.
(2) A copy of the investor agreement dated July 20, 2007, between EDF and Constellation.
Please provide details regarding any such plans or acquisition.
(3) A statement as to whether there are any known written or unwritten agreements or understandings between EDF and any other shareholder of Constellation regarding acquiring or maintaining control of Constellation, whether by voting shares or soliciting proxies, or otherwise. If such a written agreement or understanding exists, please submit a copy. If an unwritten agreement or understanding exists, please provide details.
 
(4) A statement as to whether EDF plans to acquire additional shares of Constellation, directly or indirectly, and whether EDF plans to or has acquired control of Constellation, whether or not by acting in concert with any other person or entity. Please provide details regarding any such plans or acquisition.
Based upon discussions with your staff, we understand that you expect to respond to this request for additional information within 60 days of receipt of this letter.
Based upon discussions with your staff, we understand that you expect to respond to this request for additional information within 60 days of receipt of this letter.
Sincerely,  
Sincerely,
        /RA/       Mark G. Kowal, Chief       Plant Licensing Branch I-1       Division of Operating Reactor Licensing       Office of Nuclear Reactor Regulation  
                                              /RA/
 
Mark G. Kowal, Chief Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220, 50-244, 50-317, 50-318, and 50-410 cc: Distribution via ListServ
Docket Nos. 50-220, 50-244, 50-317,   50-318, and 50-410 cc: Distribution via ListServ


ML082950442 OFFICE LPLI-1/PM LPLI-1/PM LPLI-1/LA PFPB/BC LPLI-1/BC NAME DPickett RGuzman SLittle RCarlson MKowal DATE 10 / 23 / 08 10 / 23 / 08 10 / 23 / 08 10 / 24 / 08 10 /27/ 08}}
ML082950442 OFFICE LPLI-1/PM               LPLI-1/PM       LPLI-1/LA           PFPB/BC         LPLI-1/BC NAME       DPickett           RGuzman         SLittle             RCarlson       MKowal DATE       10 / 23 / 08       10 / 23 / 08     10 / 23 / 08         10 / 24 / 08   10 /27/ 08}}

Latest revision as of 12:53, 14 November 2019

Request for Additional Information Increased Ownership of Constellation Energy Group, Inc. by Electricite DE France-Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, R.E. Ginna Nuclear Power Plant, Nine Mile Point (TAC Nos. MD9634-MD96
ML082950442
Person / Time
Site: Calvert Cliffs, Nine Mile Point, Ginna  Constellation icon.png
Issue date: 10/27/2008
From: Mark Kowal
Plant Licensing Branch 1
To: Barron H
Constellation Energy Nuclear Group
Pickett D
References
TAC MD9634, TAC MD9635, TAC MD9636, TAC MD9637, TAC MD9638
Download: ML082950442 (3)
v • d • e


Text

October 27, 2008 Mr. Louis S. Larragoite Manager - Nuclear Safety and Security Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION RE: INCREASED OWNERSHIP OF CONSTELLATION ENERGY GROUP, INC. BY ELECTRICITE DE FRANCE - CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, R.E. GINNA NUCLEAR POWER PLANT, AND NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 (TAC NOS. MD9634 -

MD9638)

Dear Mr. Larragoite:

This is in regard to the letter dated September 8, 2008, from Mr. Michael J. Wallace, Vice Chairman of Constellation Energy Group, Inc. (Constellation) to Mr. R. William Borchardt, the Executive Director for Operations at the Nuclear Regulatory Commission (NRC). The letter described an increase in ownership of Constellations outstanding common stock by Electricite de France (EDF), a foreign-controlled entity, from 4.97 percent to 9.5 percent.

Constellation is the parent company of Calvert Cliffs Nuclear Power Plant, Inc., R.E. Ginna Nuclear Power Plant, LLC, and Nine Mile Point Nuclear Station, LLC, the licensees for the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, the R.E. Ginna Nuclear Power Plant, and the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, respectively. Under Sections 103 and 104 of the Atomic Energy Act of 1954, as amended (Act), and the NRCs regulation at Title 10 of the Code of Federal Regulations (10 CFR) 50.38, the NRC may not issue a license under those sections of the Act to a corporation or other entity if the NRC knows or has reason to believe that such entity is owned, controlled, or dominated by a foreign interest. The acquisition of additional shares of Constellation by EDF raises a question as to whether the facilities listed above, as indirect wholly-owned subsidiaries of Constellation, are owned, controlled, or dominated by a foreign interest in violation of the Act and the NRCs regulation.

In light of the above, please provide the following:

(1) A copy of the Schedule 13D filed by EDF with the Securities and Exchange Commission disclosing EDFs increased investment in Constellation.

(2) A copy of the investor agreement dated July 20, 2007, between EDF and Constellation.

(3) A statement as to whether there are any known written or unwritten agreements or understandings between EDF and any other shareholder of Constellation regarding acquiring or maintaining control of Constellation, whether by voting shares or soliciting proxies, or otherwise. If such a written agreement or understanding exists, please submit a copy. If an unwritten agreement or understanding exists, please provide details.

L. Larragoite (4) A statement as to whether EDF plans to acquire additional shares of Constellation, directly or indirectly, and whether EDF plans to or has acquired control of Constellation, whether or not by acting in concert with any other person or entity.

Please provide details regarding any such plans or acquisition.

Based upon discussions with your staff, we understand that you expect to respond to this request for additional information within 60 days of receipt of this letter.

Sincerely,

/RA/

Mark G. Kowal, Chief Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220, 50-244, 50-317, 50-318, and 50-410 cc: Distribution via ListServ

ML082950442 OFFICE LPLI-1/PM LPLI-1/PM LPLI-1/LA PFPB/BC LPLI-1/BC NAME DPickett RGuzman SLittle RCarlson MKowal DATE 10 / 23 / 08 10 / 23 / 08 10 / 23 / 08 10 / 24 / 08 10 /27/ 08

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