ML18086A138: Difference between revisions

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#REDIRECT [[NMP1L3209, Calvert Cliffs Nuclear Power Plant, Units 1 and 2 and Independent Spent Fuel Storage Installation; Nine Mile Point Nuclear Station, Units 1 and 2; R.E. Ginna Nuclear Power Plant and Independent Spent Fuel Storage Installation - License Ame]]
| number = ML18086A138
| issue date = 03/26/2018
| title = Calvert Cliffs Nuclear Power Plant, Units 1 and 2 and Independent Spent Fuel Storage Installation; Nine Mile Point Nuclear Station, Units 1 and 2; R.E. Ginna Nuclear Power Plant and Independent Spent Fuel Storage Installation - License Amen
| author name = Barstow J
| author affiliation = Exelon Generation Co, LLC
| addressee name =
| addressee affiliation = NRC/Document Control Desk, NRC/NMSS, NRC/NRR
| docket = 05000220, 05000244, 05000317, 05000318, 05000410, 07200008, 07200067, 07201036
| license number = DPR-018, DPR-053, DPR-063, DPR-069, NPF-069, SNM-2505
| contact person =
| case reference number = NMP1L3209
| document type = Letter, License-Application for Facility Operating License (Amend/Renewal) DKT 50
| page count = 22
}}
 
=Text=
{{#Wiki_filter:200 Exelon Way Exelon Kennett Square. PA 19348 www.exeloncorp.com NMP1 L3209 March 26, 2018 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Calvert Cliffs Nuclear Power Plant, Units 1 and 2 Renewed Facility Operating License Nos. DPR-53 and DPR-69 NRC Docket Nos. 50-317 and 50-318 Calvert Cliffs Independent Spent Fuel Storage Installation Materials License No. SNM-2505 NRC Docket No. 72-8 Nine Mile Point Nuclear Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-63 and NPF-69 NRC Docket Nos. 50-220 and 50-41 O R.E. Ginna Nuclear Power Plant Renewed Facility Operating License No. DPR-18 NRC Docket No. 50-244 R.E. Ginna Independent Spent Fuel Storage Installation General License Docket No. 72-67 10 CFR 50.90
 
==Subject:==
License Amendment Request to Delete License Conditions Associated with the Nuclear Advisory Committee In accordance with 1 O CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Exelon Generation Company, LLC (EGC) requests changes to the licenses for the Calvert Cliffs Nuclear Power Plant (CCNPP), Units 1 and 2; Nine Mile Point Nuclear Station (NMP), Units 1 and 2; and the R E. Ginna Nuclear Power Plant (Ginna). The proposed amendment deletes license conditions associated with the establishment of the Nuclear Advisory Committee as provided in the orders approving the corporate merger between Exelon Corporation and Constellation Energy Group, Inc., and the resultant indirect transfer of the renewed facility operating licenses for CCNPP, Units 1 and 2; NMP, Units 1 and 2; and Ginna on February 15, 2012.
License Amendment Request to Delete License Conditions Associated with the Nuclear Advisory Committee March 26, 2018 Page 2 The proposed change has been reviewed by the CCNPP, Units 1 and 2,;NMP, Units 1 and 2; and Ginna Plant Operations Review Committees in accordance with the requirements of the EGC Quality Assurance Program. EGC requests approval of the proposed license amendment request by October 31, 2018. Once approved, the amendments shall be implemented within 60 days of receipt. There are no regulatory commitments contained within this submittal.
In accordance with 1 O CFR 50.91, "Notice for public comment; State consultation," paragraph (b), EGC is notifying the State of New York and the State of Maryland of this application for license amendment by transmitting a copy of this letter and its attachments to the designated State Officials.
Should you have any questions concerning this letter, please contact Tom Loomis at (610) 765-5510.
I declare under penalty of perjury that the foregoing is true and correct. This statement was executed on the 26 1 h day of March 2018. James Barstow Director -Licensing and Regulatory Affairs Exelon Generation Company, LLC Attachments:
: 1. Evaluation of Proposed Change 2. Markup of Proposed License Pages 3. Affidavits cc: NRC Regional Administrator, Region I NRC Senior Resident Inspector, Calvert Cliffs NRC Senior Resident Inspector, Nine Mile Point NRC Senior Resident Inspector, Ginna NRC Project Manager, Calvert Cliffs NRC Project Manager, Nine Mile Point NRC Project Manager, Ginna A. L. Peterson, NYSERDA S. T. Gray, State of Maryland Attachment 1 Evaluation of Proposed Change 1.0
 
==SUMMARY==
DESCRIPTION 2.0 DETAILED DESCRIPTION 3.0 TECHNICAL EVALUATION
 
==4.0 REGULATORY EVALUATION==
 
4.1 Applicable Regulatory Requirements/Criteria 4.2 Precedent 4.3 No Significant Hazards Consideration 4.4 Conclusions 5.0 ENVIRONMENTAL CONSIDERATION
 
==6.0 REFERENCES==
 
Attachment 1 Evaluation of Proposed Change 1.0
 
==SUMMARY==
DESCRIPTION In accordance with 1 O CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Exelon Generation Company, LLC (EGG) requests changes to the licenses for the Calvert Cliffs Nuclear Power Plant (CCNPP), Units 1 and 2; Nine Mile Point Nuclear Station (NMP), Units 1 and 2; and the R.E. Ginna Nuclear Power Plant (Ginna). The proposed amendments delete license conditions associated with the Nuclear Advisory Committee (NAG) as provided in the orders approving the corporate merger between Exelon Corporation and Constellation Energy Group, Inc., and the resultant indirect transfer of the renewed facility operating licenses for CCNPP, Units 1 and 2; NMP, Units 1 and 2; and Ginna on February 15, 2012. 2.0 DETAILED DESCRIPTION On April 28, 2011, Exelon and Constellation Energy Group, Inc. executed a merger agreement by which Exelon acquired Constellation Energy Group, Inc. in an all-stock transaction.
Constellation Energy Nuclear Group, LLC was the second-tier parent company of the licensees.
Following the closing of the transfers, Exelon became the ultimate parent company of Constellation Energy Group, Inc., and a 50.01 percent parent company of Constellation Energy Nuclear Group, LLC, (GENG) Calvert Cliffs Nuclear Power Plant, LLC, Nine Mile Point Nuclear Station, LLC; and R.E. Ginna Nuclear Power Plant, LLC. EDF Inc. maintained a 49.99 percent ownership interest in Constellation Energy Nuclear Group, LLC. In the Reference 1 letter, the U.S. Nuclear Regulatory Commission (NRG) issued Orders approving the corporate merger of Exelon and GENG, and the resulting indirect ownership transfers under Title 1 O of the Code of Federal Regulations (1 O CFR) 50.80, ''Transfer of licenses," and 10 CFR 72.50, "Transfer of license," for (1) CCNPP, Units 1and2, and CCNPP Independent Spent Fuel Storage Installation (ISFSI), (2) NMP, Units 1 and 2, and (3) Ginna and Ginna ISFSI, respectively.
The Orders were subject to the conditions described in the February 15, 2012 NRG Order. The Safety Evaluation Report confirmed the establishment of the NAG. The NAC's oversight function helps to ensure that GENG remains in compliance with laws and regulations regarding foreign domination and control of nuclear operations, and that a decision of a foreign government could not adversely affect or interfere with the reliable and safe operation of any nuclear assets of GENG or its affiliates.
In the Reference 2, 3 and 4 letters, the NRG issued Orders approving the direct transfer of operating authority of the facilities from Calvert Cliffs Nuclear Power Plant, LLC, Nine Mile Point Power Station, LLC, and R.E. Ginna Nuclear Power Plant, LLC to EGG. In the Reference 5, 6 and 7 letters, the NRG issued amendments to conform the facility operating licenses to the direct transfers of operating authority.
Within those referenced letters, the NRG included license conditions for the NAG. EGG has determined that the NAG function is no longer necessary and requests that NRG rescind the portions of the orders related to the NAG and delete the associated license conditions.
Page 1 Attachment 1 Evaluation of Proposed Change 3.0 TECHNICAL EVALUATION The independent NAC was originally established through the execution of the Constellation Energy Nuclear Group, LLC (GENG) Second Amended and Restated Operating Agreement dated November 6, 2009. Section 7.5 of the Agreement, as well as the Third and Fourth Amended and Restated Operating Agreements (dated March 12, 2012 and April 1, 2014, respectively), generally set forth the roles and responsibilities of the NAC. As stated previously, the NAC's oversight function helps to ensure that GENG remains in compliance with laws and regulations regarding foreign domination and control of nuclear operations, and that a decision of a foreign government could not adversely affect or interfere with the reliable and safe operation of any nuclear assets of GENG or its affiliates.
The NAC's primary responsibility is to work with GENG management to determine if any potential Foreign Ownership, Control, or Domination (FOGO) related matters could affect the reliable and safe operation of the GENG nuclear facilities or assets, and whether the company should take any additional steps to ensure compliance with FOGO requirements.
The NAC does not have a decision-making role for GENG nor is there a formal "right of appeal" if the GENG Board or its Chairman takes an action in a manner inconsistent with a recommendation of the NAC; however, the NAC may engage CENG's parent companies (including Exelon) on any matter of concern to the NAC, including matters of compliance with NRC FOGO requirements.
If the NAC becomes aware of an FOGO event or issue, it will bring it to the attention of GENG management and/or the GENG Board of Directors.
The NAC advises the CENG Board of Directors and provides its recommendations regarding the regulatory or safety significance of the issue, and recommended actions to address the issue. The NAC also has the ability to report FOCD concerns directly to the NRC or to any other governmental agency. Since its inception, the NAC has not identified any FOGO concerns causing it to advise the GENG Board of Directors or the NRC that any additional measures should be taken to ensure compliance with FOGO requirements, or to ensure that any decision of a foreign government could not adversely affect or interfere with the reliable and safe operations of any nuclear assets. In addition, the NAC has not identified any significant FOGO matters that might necessitate reporting such matters directly to the NRC or any other governmental agency. Similarly, the NAC has not identified any actions in which foreign interests exercised FOGO over the licensed activities of the nuclear assets, or in which any actions taken by a foreign interest involved with licensed activities was inimical to the common defense and security of the United States. At the time the NAC was established, GENG was 49.99% foreign-owned, and was the licensed operator of the facilities.
This is no longer the case, as EGC is now the facilities' licensed operator, and therefore controls their daily operations.
On July 29, 2013, GENG and EGC entered into a Master Agreement in which the parties agreed, subject to NRC approval, to transfer operation and management of the facilities to EGC. Subsequent to the transfer of operating authority, on April 1, 2014, GENG and EGC entered into a Nuclear Operating Services Agreement (NOSA) (Reference 8). Under the NOSA, day-to-day management activities of the facilities were transitioned to EGC and the facilities were integrated into the EGC Page 2 Attachment 1 Evaluation of Proposed Change nuclear fleet. Accordingly, EGC "manage(s], operate[s], and maintain[s]
the Facilities in accordance with the Operating Licensees and Applicable Law." Pursuant to the NOSA, EGC also provides corporate and administrative services for the remaining life of the facilities.
Based on the NAC having not identified any FOCD concerns since its creation and the transfer of the facilities' management and operations to EGC in 2014, it is clear that eliminating the NAC will not impact compliance with FOCD requirements, nor will it impair the ability to identify and resolve any FOCD issues that could impact the safe or reliable operation of the nuclear units. Multiple avenues exist to resolve any concerns regarding FOCD issues. These include the ability of personnel to report an FOCD concern to their supervisor, enter a potential FOCD concern into the corrective action program, or raise the concern with the Employee Concerns Program. In addition, personnel are always free to report any concern directly to the NRC. Notably, Exelon has substantial experience in this area as a former owner of AmerGen Energy Company, LLC, a 50/50 joint venture between Exelon and British Energy. This proposed change will enable deletion of the requirements associated with the NAC from the GENG Operating Agreement.
We note that this proposed change will not have any impact on decision making authority over safety, security, or reliability that would require prior written consent of the Director of the Office of Nuclear Reactor Regulation as required by the provisions of the license conditions.
This proposed change enables the elimination of the NAC and does not alter: 1) the extent of the partial ownership of the reactors (EDF Inc., a subsidiary of Electricite de France, S.A., a French societe anonyme, will continue to own a 49.99% interest in GENG), 2) the authority to operate the reactors, 3) the directors or officers and details concerning the relevant companies, 4) access to restricted data, or; 5) details concerning ownership of the foreign parent company. This change will not impact the composition of the Board of Directors or the composition of key management positions as currently defined in the GENG Operating Agreement.
At least half of the members of the GENG Board of Directors must be U.S. citizens.
The Chairman of the Board, the Chief Executive Officer, and the Chief Nuclear Officer are required to be U.S. citizens.
They are responsible for ensuring that the activities of GENG with respect to CCNPP, NMP, and Ginna, are at all times conducted in a manner consistent with public health and safety and common defense and security.
In the event of a deadlock of the Board of Directors, the Chairman shall have a casting (deciding) vote on the matters that require or make it reasonably necessary to assure U.S. control. The NAC prepares a report and supporting documentation for the GENG Board to help determine whether additional measures should be taken to ensure that GENG is in compliance with U.S. laws and regulations regarding foreign domination or control of nuclear operations, and that a decision of a foreign government could not adversely affect or interfere with the reliable and safe operation of any nuclear assets of GENG, its subsidiaries or affiliates.
As described above, the NAC has never identified any significant matter that could potentially affect the safe, secure, or reliable operation of the Company's nuclear assets that would require an independent reporting to the NRC or another U.S. governmental agency. In support of this proposal, Attachment 3 contains affidavits from Nuclear Advisory Committee members in support of this change. Page 3 Attachment 1 Evaluation of Proposed Change
 
==4.0 REGULATORY EVALUATION==
 
4.1 Applicable Regulatory Requirements/Criteria Sections 103d and 104d of the Atomic Energy Act provide, in relevant part, that no license may be issued to the following:
Any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation or a foreign government.
In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or to the health and safety of the public. The NRC's regulation at 10 CFR 50.38, "Ineligibility of Certain Applicants," is the regulatory provision implementing this statutory restriction.
The NRC evaluates an application consistent with the guidance provided in the Standard Review Plan (SRP), Final Standard Review Plan on Foreign Ownership, Control, or Domination, to determine whether the applicant is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (64 FR 52357-52359) (Reference 9). This proposed change enables the elimination of the NAC and does not alter: 1) the extent of the partial ownership of the reactors, 2) the authority to operate the reactors, 3) the directors or officers and details concerning the relevant companies, 4) access to restricted data, or; 5) details concerning ownership of the foreign parent company. 4.2 Precedent None 4.3 No Significant Hazards Consideration Exelon Generation Company, LLC (EGC) has evaluated whether or not a significant hazards consideration is involved with the proposed amendment in accordance with the three standards set forth in 1 O CFR 50.92, "Issuance of amendment," as discussed below: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
Response:
No. The proposed amendment deletes license conditions associated with the establishment of the Nuclear Advisory Committee (NAC) as provided in the orders approving the corporate merger between Exelon Corporation and Constellation Energy Group, Inc., and the resultant transfer of the renewed facility operating licenses for CCNPP, Units 1 and 2; NMP, Units 1 and 2; and Ginna on February 15, 2012 (Reference 1 ). In the Reference 2, 3 and 4 letters, the NRC issued Orders approving the direct transfer of operating authority of the facilities from Calvert Cliffs Nuclear Power Plant, LLC, Nine Mile Point Power Station, LLC, and R. E. Ginna Nuclear Power Plant, LLC to EGC. In the Reference 5, 6 and 7 letters, the NRC Page 4 Attachment 1 Evaluation of Proposed Change issued amendments to conform the facility operating licenses to the direct transfers of operating authority.
Within those referenced letters, the NRG included license conditions for the NAG. The NAC's oversight function helps to ensure that Constellation Energy Nuclear Group (GENG) remains in compliance with laws and regulations regarding foreign domination and control of nuclear operations, and that a decision of a foreign government could not adversely affect or interfere with the reliable and safe operation of any nuclear assets of GENG or its affiliates.
The NAC is an advisory committee and does not function in a decision-making role. If the NAG becomes aware of a Foreign Ownership, Control, or Domination (FOCD) event or issue, it will bring it to the attention of GENG management and/or the GENG Board of Directors.
The NAG advises the GENG Board of Directors and provides its recommendations regarding the regulatory or safety significance of the issue, and recommended actions to address the issue. Eliminating the NAG will not impact compliance with FOCD requirements, nor will it impair the ability to identify and resolve any FOCD issues that could impact the safe or reliable operation of the nuclear units. Multiple avenues exist to resolve any concerns regarding FOCD issues. These include the ability of personnel to report an FOCD concern to their supervisor, enter a potential FOCD concern into the corrective action program, or raise the concern with the Employee Concerns Program. In addition, personnel are always free to report any concern directly to the NRC. This proposed administrative change enables the elimination of the NAG and does not alter: 1) the extent of the ownership of the reactors, 2) the authority to operate the reactors, 3) the directors or officers and details concerning the relevant companies, 4) access to restricted data, or; 5) details concerning ownership of the foreign parent company. This change does not alter compliance with the Atomic Energy Act, 10 CFR 50.38, "Ineligibility of Certain Applicants," or the guidance provided in the Standard Review Plan (SRP), Final Standard Review Plan on Foreign Ownership, Control, or Domination.
Additionally, this administrative change will not impact reactor operations or safety analyses.
Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
: 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?
Response:
No. This proposed administrative change enables the elimination of the NAG and does not alter: 1) the extent of the ownership of the reactors, 2) the authority to operate the reactors, 3) the directors or officers and details concerning the relevant companies, 4) access to restricted data, or; 5) details concerning ownership of the foreign parent company. This change does not alter compliance with the Atomic Energy Act, 1 O CFR 50.38, "Ineligibility of Certain Applicants," or the guidance provided in the Standard Review Plan (SRP), Final Standard Review Plan on Foreign Ownership, Control, or Domination.
Page 5 Attachment 1 Evaluation of Proposed Change Eliminating the NAG will not impact compliance with FOGO requirements, nor will it impair the ability to identify and resolve any FOGO issues that could impact the safe or reliable operation of the nuclear units. FOGO issues will be addressed via current processes (employees reporting to their supervisor, entering an issue into the corrective action program, raising the concern to the Employee Concerns Program, or reporting directly to the NRG). This is an administrative change, and no new operating configuration is being imposed that would create a new failure scenario.
In addition, no new failure modes are being created for any plant equipment.
This change does not result in any new or different accident scenarios.
Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.
: 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response:
No. This is an administrative change. No safety analyses are being changed or modified as a result of this proposed change. This proposed administrative change does not alter the manner in which safety limits, limiting safety system settings, or limiting conditions for operation are determined.
Margins associated with the current safety analyses acceptance criteria are unaffected.
The safety systems credited in the safety analyses will continue to be available to perform their mitigation functions.
Therefore, the proposed change does not result in a significant reduction in a margin of safety. 4.4 Conclusions In conclusion, based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. 5.0 ENVIRONMENTAL CONSIDERATION The proposed amendment is confined to (i) changes to surety, insurance, and/or indemnity requirements; (ii) changes to recordkeeping, reporting, or administrative procedures or requirements; (iii) changes the licensee's or permit holder's name, phone number, business or e-mail address; (iv) changes the name, position, or title of an officer of the licensee or permit holder, including but not limited to, the radiation safety officer or quality assurance manager; or (v) changes the format of the license or permit or otherwise makes editorial, corrective or other minor revisions, including the updating of NRG approved references.
Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 1 O CFR 51.22{c)(10).
Therefore, pursuant to 1 O CFR 51.22{b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.
Page 6 
 
==6.0 REFERENCES==
 
Attachment 1 Evaluation of Proposed Change 1. Letter from D. Pickett (U.S. Nuclear Regulatory Commission) to C. Crane (Exelon Generation Company, LLC), "Orders Approving Corporate Merger Between Exelon Corporation and Constellation Energy Group, Inc., and Resultant Indirect Transfer of Renewed Facility Operating Licenses -Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, and Independent Spent Fuel Storage Installation, Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, and R.E. Ginna Nuclear Power Plant (TAC Nos. ME6234, ME6235, ME6236, ME6237, and ME6238)," dated February 15, 2012. 2. Letter from N. Morgan (U.S. Nuclear Regulatory Commission) to M. Korsnick (Constellation Energy Nuclear Group, LLC) and B. Wright (Constellation Energy Nuclear Group, LLC), "Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 -Order Approving Direct Transfer of Renewed Operating Licenses, Independent Spent Fuel Storage Installation License, and Conforming Amendments (TAC Nos. MF2584, MF2585, and L24780)," dated March 24, 2014. 3. Letter from N. Morgan (U.S. Nuclear Regulatory Commission) to M. Korsnick (Constellation Energy Nuclear Group, LLC) and B. Wright (Constellation Energy Nuclear Group, LLC), "Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 -Order Approving Direct Transfer of Renewed Operating Licenses and Conforming License Amendments (TAC Nos. MF2586 and MF2587)," dated March 25, 2014. 4. Letter from N. Morgan (U.S. Nuclear Regulatory Commission) to M. Korsnick (Constellation Energy Nuclear Group, LLC) and B. Wright (Constellation Energy Nuclear Group, LLC), "R.E. Ginna Nuclear Power Plant -Order Approving Direct Transfer of Renewed Operating License and Conforming License Amendment (TAC No. MF2588)," dated March 25, 2014. 5. Letter from N. Morgan (U.S. Nuclear Regulatory Commission) to M. Korsnick (Constellation Energy Nuclear Group, LLC) and B. Wright (Constellation Energy Nuclear Group, LLC), "Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 -Issuance of Amendments to Conform the Renewed Facility Operating Licenses and Materials License to Reflect the Direct Transfer of Operating Authority (TAC Nos. MF2584, MF2585, and L24780)," dated April 1, 2014. 6. Letter from N. Morgan (U.S. Nuclear Regulatory Commission) to M. Korsnick (Constellation Energy Nuclear Group, LLC) and B. Wright (Constellation Energy Nuclear Group, LLC), "Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 -Issuance of Amendment to Conform the Renewed Facility Operating License to Reflect the Direct Transfer of Operating Authority (TAC Nos.
MF2586 and MF2587)," dated April 1, 2014. 7. Letter from N. Morgan (U.S. Nuclear Regulatory Commission) to M. Korsnick (Constellation Energy Nuclear Group, LLC) and B. Wright (Constellation Energy Nuclear Group, LLC), "R.E. Ginna Nuclear Power Plant -Issuance of Amendment to Conform the Renewed Facility Operating License to Reflect the Direct Transfer of Operating Authority (TAC No. MF2588)," dated April 1, 2014. Page 7 Attachment 1 Evaluation of Proposed Change 8. Letter from J. Barstow (Exelon Generation) to U.S. Nuclear Regulatory Commission Document Control Desk, "Submittal of Nuclear Operating Services Agreement following License Transfers to Exelon Generation Company, LLC," dated April 11, 2014. 9. "Final Standard Review Plan on Foreign Ownership, Control, or Domination," 64 Federal Register 52355 (28 September 1999), pp. 52357 -52359. Page 8 Attachment 2 Markup of Proposed License Pages REVISED LICENSE PAGES Calvert Cliffs Nuclear Power Plant, Unit 1 -License, Appendix C, page 11 Calvert Cliffs Nuclear Power Plant, Unit 2 -License, Appendix C, page 11 Nine Mile Point Nuclear Station, Unit 1 -License, page 1 O Nine Mile Point Nuclear Station, Unit 2 -License, page 15 R. E. Ginna Nuclear Power Plant -License, page 9 Amendment No. I Deleted !Deleted Appendix C rcont'd.) Additional Conditions Facility Operating License No. DPR-53 Additional Conditions
: 7) The CENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the CENG Board of Directors 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 facility's license are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. Draft License Page Calvert Cl i ffs Nuclear Power Plant , Unit 1 Implementation Date Amendment No. 305 Amendment No. I Deleted !Deleted Aopendix C (Cont'd.)
Additional Conditions Facilitv Operating License No. DPR-69 Additional Conditions
: 7) The CENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the CENG Board of Directors must be U.S. citizens.
These indlvlduals shall have the responsibility and exclusive authority to ensure and shall ensure that the business and activities of CENG with respect to the faclllty's license are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. 8) 9) Draft License Page Calvert Cliffs Nuclear Power Plant, Unit 2 Implementation Date Amendment No. 263 
!Deleted \Deleted (22) The CENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the CENG Board of Directors 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 facility's license are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. (23) (24) Draft License Page Nine Mile Point Nuclear Station, Unit 1 Renewed License No. DPR-63 Amendment No. 
\Deleted \Deleted (25) Within 14 days of the license transfers, Exelon Generation shall submit to the NRC the Nuclear Operating Services Agreement reflecting the terms set forth in the application dated August 6, 2013. Section 7.1 of the Nuclear Operating Services Agreement may not be modified in any material respect related to financial arrangements that would adversely impact the ability of the licensee to fund safety-related activities authorized by the license without the prior written consent of the Director of the Office of Nuclear Reactor Regulation.
(26) Within 10 days of the license transfers, Exelon Generation shall submit to the NRC the amended GENG Operating Agreement reflecting the terms set forth in the application dated August 6, 2013. The amended and restated Operating Agreement may not be modified in any material respect concerning decision making authority over safety, security and reliability without the prior written consent of the Director of the Office of Nuclear Reactor Regulation.
(27) At least half the members of the GENG Board of Directors must be U.S. citizens.
(28} The GENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the GENG Board of Directors 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 GENG with respect to the facility's license are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. (29) (30) Draft License Page Nine Mile Point Nuclear Station, Unit 2 Renewed License No. NPF-69 Amendment I Deleted I Deleted 0. E. reliability without the prior written consent of the Director of the Office of Nuclear Reactor Regulation. ( 15) At least half the members of the CENG Board of Directors must be U.S. citizens.
(16) The CENG Chief Executive Officer, Chief Nuclear Officer, and Chairman of the CENG Board of Directors 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 facility's license are at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States. (17) ) (18) ) The facility requires an exemption from certain requirements of 10 CFR 50.46(a)(1).
This includes an exemption from 50.46(a)(1), that emergency core cooling system (ECCS) performance be calculated in accordance with an acceptable calculational model which conforms to the provisions in Appendix K (SER dated April 18, 1978). The exemption will expire upon receipt and approval of revised ECCS calculations.
The aforementioned exemption is authorized by law and will not endanger life property or the common defense and security and is otherwise in the public interest.
Therefore, the exemption is hereby granted pursuant to 1 O CFR 50.12. Exelon Generation shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 1 O CFR 73.55 (51 FR 27827 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).
The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "R. E. Ginna R. E. Ginna Nuclear Power Plant Amendment No. 119 Draft License Page R. E. Ginna Nuclear Power Plant Attachment 3 Affidavits Attachment 3 Affidavit I, P-1'2 5 r6-..>*.L,57),.v6(Member of the Nuclear Advisory Committee (NAC} of Constellation Energy 'Nuclear Group, LLC (CENG}, do hereby affirm and state: i. The independent NAC was originally established through the execution of the Constellation Energy Nuclear Group, LLC (CENG} Second Amended and Restated Operating Agreement dated November 6, 2009. Section 7.5 of that Agreement, as well as the Third and Fourth Amended and Restated Operating Agreements (dated March 12, 2012 and April 1, 2014, respectively}, generally set forth the roles and responsibilities of the NAC. ii. The NAC's oversight function was intended to ensure that CENG remains in compliance with laws and regulations regarding foreign domination and control of nuclear operations, and that a decision of a foreign government could not adversely affect or interfere with the reliable and safe operation of any nuclear assets of CENG or its affiliates.
iii. At the time the NAC was established, CENG was 49.99% foreign-owned, and was the licensed operator of five nuclear power reactors at three plant sites: Calvert Cliffs Nuclear Power Plant, Units 1 and 2, Nine Mile Point Nuclear Station, Units 1 and 2, and R. E. Ginna Nuclear Power Plant. However, on July 29, 2013, GENG and Exelon Generation Co., LLC (EGG} entered into a Master Agreement in which the parties agreed , subject to NRC approval, to transfer operation and management of these facilities to EGC. Subsequent to the transfer of operating authority, on April 1, 2014, GENG and EGC entered into a Nuclear Operating Services Agreement (NOSA). Under the NOSA, day-to-day management activities of the facilities were transitioned to EGC and the facilities were integrated into the EGC nuclear fleet. Accordingly, EGC "manage[s], operate[s], and maintain[s]
the Facilities in accordance with the Operating Licensees and Applicable Law." Pursuant to the NOSA, EGC also provides corporate and administrative services for the remaining life of the facilities.
iv. Since its inception, the NAC has not identified any foreign ownership, control or domination (FOCD} concerns causing it to advise the GENG Board of Directors or the U.S. Nuclear Regulatory Commission (NRC} that any additional measures should be taken to ensure compliance with FOCD requirements, or to ensure that any decision of a foreign government could not adversely affect or interfere with the reliable and safe operations of CENG's nuclear assets. In addition, the NAC has not identified any significant FOCD matters that might necessitate reporting such matters directly to the NRC or any other governmental agency. Similarly, the NAC has not identified any actions in which foreign interests exercised FOCD over the licensed activities of the nuclear assets, or in which any actions taken by a foreign interest involved with licensed activities was inimical to the common defense and security of the United States. v. Based on the NAC having not identified any FOCD concerns since its creation and the transfer of the facilities' management and operations to EGC in 2014, eliminating the NAC will not impact compliance with FOCD requirements, nor will it impair the ability to identify and resolve any FOCD issues that could impact the safe or reliable operation of the nuclear units.
Subscribed and sworn before me, A Notary Public in and for the State of Pennsylvania this;;t<O'"day of 'i-. 2018 Attachment 3 Affidavit Jafues Asselstine
/Member of the Nuclear Advisory Committee Constellation Energy Nuclear Group, LLC i CYNTHIA L KIELAR, Notary Publ!c Wayne County 1 My Commission Expires November 27, 2021
* Commission Number 1170965 I,
A* ht ..te./V"' , Member of the Nuclear Advisory Committee (NAC) of Constellation Energy Nuclear Group, LLC (CENG), do hereby affirm and state: i. The independent NAC was originally established through the execution of the Constellation Energy Nuclear Group, LLC (CENG) Second Amended and Restated Operating Agreement dated November 6, 2009. Section 7.5 of that Agreement, as well as the Third and Fourth Amended and Restated Operating Agreements (dated March 12, 2012 and Aprill, 2014, respectively), generally set forth the roles and responsibilities of the NAC. ii. The NAC's oversight function was intended to ensure that CENG remains in compliance with laws and regulations regarding foreign domination and control of nuclear operations, and that a decision of a foreign government could not adversely affect or interfere with the reliable and safe operation of any nuclear assets of CENG or its affiliates.
111. At the time the NAC was established, CENG was 49.99% foreign-owned, and was the licensed operator of five nuclear power reactors at three plant sites: Calvert Cliffs Nuclear Power Plant, Units 1 and 2, Nine Mile Point Nuclear Station, Units 1 and 2, and R. E. Ginna Nuclear Power Plant. However, on July 29, 2013, CENG and Exelon Generation Co., LLC (EGC) entered into a Master Agreement in which the parties agreed, subject to NRC approval, to transfer operation and management of these facilities to EGC. Subsequent to the transfer of operating authority, on Aprill, 2014, CENG and EGC entered into a Nuclear Operating Services Agreement (NOSA). Under the NOSA, day-to-day management activities of the facilities were transitioned to EGC and the facilities were integrated into the EGC nuclear fleet. Accordingly, EGC "manage[s], operate[s], and maintain[s]
the Facilities in accordance with the Operating Licensees and Applicable Law." Pursuant to the NOSA, EGC also provides corporate and administrative services for the remaining life of the facilities.
iv. Since its inception, the NAC has not identified any foreign ownership, control or domination (FOCD) concerns causing it to advise the CENG Board of Directors or the U.S. Nuclear Regulatory Commission (NRC) that any additional measures should be taken to ensure compliance with FOCD requirements, or to ensure that any decision of a foreign government could not adversely affect or interfere with the reliable and safe operations of CENG's nuclear assets. In addition, the NAC has not identified any significant FOCD matters that might necessitate reporting such matters directly to the NRC or any other governmental agency. Similarly, the NAC has not identified any actions in which foreign interests exercised FOCD over the licensed activities of the nuclear assets, or in which any actions taken by a foreign interest involved with licensed activities was inimical to the common defense and security of the United States. 
: v. Based on the NAC having not identified any FOCD concerns since its creation and the transfer of the facilities' management and operations to EGC in 2014, eliminating the NAC will not impact compliance with FOCD requirements, nor will it impair the ability to identify and resolve any FOCD issues that could impact the safe or reliable operation of the nuclear units. Subscribed and sworn before me, A Notary Public in and for the District of Columbia this of \=c::-\o<L'-l<""'\
2018 Richard A. Meserve Member of the Nuclear Advisory Committee Constellation Energy Nuclear Group, LLC}}

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