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MONTHYEARML1105908612011-02-28028 February 2011 Ltr. to W. Norton First Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination (TAC Nos. L24496, L24497, L24498) Project stage: RAI CY-11-009, Connecticut Yankee Atomic Power Company - Decommissioning Funding Assurance Status Report2011-03-15015 March 2011 Connecticut Yankee Atomic Power Company - Decommissioning Funding Assurance Status Report Project stage: Request ML1108101152011-03-15015 March 2011 Yankee, Decommissioning Funding Assurance Status Report Project stage: Request ML1107700222011-03-16016 March 2011 Application for NRC Consent to Indirect License Transfer/Threshold Determination That NRC Consent Is Not Required in Connection with Merger of Northeast Utilities and Nstar Project stage: Request ML1111014022011-04-20020 April 2011 W. Norton Letter Second Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination (TAC Nos. L24496, L24497, L24498) Project stage: RAI CY-11-015, Response to Second Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar2011-05-16016 May 2011 Response to Second Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar Project stage: Request ML1114703702011-05-27027 May 2011 W. Norton Letter Second Request for Additional Information, Part 2, for Application for NRC Consent to Indirect License Transfer/Threshold Determination Project stage: RAI ML11195A3392011-07-13013 July 2011 Morgan Lewis on Behalf of Northeast Utilities and Nstar - Submittal of Supplemental Response to Requests for Additional Information and Negation Action Plan Project stage: Supplement ML1119600682011-07-14014 July 2011 Enclosure - Request for Supplemental Information Related to the Request for Exemption from 10 CFR 50.38 and the Indirect License Transfer Related to Merger of Northeast Utilities and Nstar Project stage: Approval ML1119600612011-07-14014 July 2011 Ltr. to W. Norton Request for Exemption from 10 CFR 50.38 for Maine Yankee Atomic Power Company, Connecticut Yankee Atomic Power Company, and Yankee Atomic Electric Company - Supplemental Information Needed; Relationship of Exemption Reques Project stage: Approval ML1122100232011-08-0505 August 2011 Enclosuthird RAI Related to Application for NRC Consent/Threshold Determination for Indirect License Transfer Related to Merger of Northeast Utilities and Nstar Project stage: RAI ML1122100172011-08-0505 August 2011 W. Norton Letter Third Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination (TAC L24496, L24497, and L24498) Project stage: RAI CY-11-025, Connecticut Yankee and Yankee Atomic, Response to Third Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar2011-08-24024 August 2011 Connecticut Yankee and Yankee Atomic, Response to Third Request for Additional Information for Application for NRC Consent to Indirect License Transfer/Threshold Determination - Merger of Northeast Utilities and Nstar Project stage: Request ML1125003732011-09-0606 September 2011 Notice of Mtg W/ Maine Yankee to Discuss Status of Review of Indirect License Transfer Request Related to Pending Merger of Northeast Utilities & Nstar; Status of Request for Exemption from 10 CFR 50.38; & Decommissioning Financial Assuranc Project stage: Approval ML1127700152011-10-0303 October 2011 Request for Exemption from 10 CFR 50.38 for Maine Yankee Atomic Power Co., Connecticut Yankee Atomic Power Co., and Yankee Atomic Electric Co. - Accepted for Review; Relationship of Exemption Request to Indirect License Transfer and Status Project stage: Approval CY-11-035, Follow-Up to Meeting on September 20, 2011, Regarding Foreign Ownership and Decommissioning Funding Issues2011-10-0505 October 2011 Follow-Up to Meeting on September 20, 2011, Regarding Foreign Ownership and Decommissioning Funding Issues Project stage: Meeting ML11298A0912011-10-20020 October 2011 Summary of Meeting with Yankee Companies, Northeast Utilities (Nu) & Nstar to Discuss Indirect License Transfer Request Related to Pending Merger of Nu & Nstar, Request for Exemption from 10 CFR 50.38 & Decommissioning Financial Assurance Project stage: Meeting ML11326A2562011-12-20020 December 2011 W. Norton Letter Threshold Determination for Facility Operating License No. DPR-36 for Maine Yankee Atomic Power Station (TAC No. L24497) Project stage: Other ML11327A0292011-12-20020 December 2011 Safety Evaluation Report - Safety Evaluation Indirect Transfer of Control Related to the Merger of Northeast Utilities and Nstar Maine Yankee Atomic Power Company Project stage: Approval 2011-04-20
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December 20, 2011 Mr. Wayne Norton Chief Nuclear Officer Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922
SUBJECT:
THRESHOLD DETERMINATION FOR FACILITY OPERATING LICENSE NO.
DPR-36 FOR MAINE YANKEE ATOMIC POWER STATION (TAC NO. L24497)
Dear Mr. Norton:
By letter dated December 6, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103490133), as supplemented by letters dated March 16, 2011 (ML110770022), May 16, 2011 (ML11139A088), June 8, 2011 (ML11166A124), August 16, 2011 (ML11235A723), August 24, 2011 (ML11243A087), and August 25, 2011 (ML112490526),
Maine Yankee Atomic Power Company (Maine Yankee) requested U.S. Nuclear Regulatory Commission (NRC) staff to make a threshold determination that a proposed merger between Northeast Utilities and NSTAR (current indirect co-owners of Maine Yankee) does not involve any direct or indirect transfer of control of Facility Operating License No. DPR-36 for the Maine Yankee Atomic Power Station, held by Maine Yankee, which would require approval pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80.
The NRC staff has completed its review and concludes that the proposed merger between Northeast Utilities and NSTAR will not constitute a direct or indirect transfer of control of the Maine Yankee license. Therefore, Maine Yankee does not require NRCs approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80, with respect to the license currently held by Maine Yankee in connection with the proposed merger between Northeast Utilities and NSTAR.
A copy of the related Safety Evaluation is enclosed.
Based on the information provided during the threshold review, NRC staff determined that there is a preexisting issue regarding foreign ownership, control, or domination (FOCD) for Maine Yankee. As the proposed merger will not change this preexisting issue, the FOCD issue will be addressed independently from this threshold determination. The staff is currently reviewing your request for exemption from the FOCD requirements in 10 CFR 50.38. Nevertheless, the FOCD requirements in 10 CFR 50.38 continue to apply to you at this time.
W. Norton If you have any questions regarding this matter, please contact me at (301) 492-3571.
Sincerely,
/RA/
Kristina L. Banovac, Project Manager Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30 TAC Nos.: L24497
Enclosure:
Safety Evaluation cc: Maine Yankee Atomic Power Station Service List Northeast Utilities Service List
W. Norton If you have any questions regarding this matter, please contact me at (301) 492-3571.
Sincerely,
/RA/
Kristina L. Banovac, Project Manager Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30 TAC Nos.: L24497
Enclosure:
Safety Evaluation cc: Maine Yankee Atomic Power Station Service List Northeast Utilities Service List DISTRIBUTION:
SFST R/F BBenney BDoolittle ASimmons TFredrichs JSimpson BMizuno SHammann/RI NSheehan/RI ML11326A256; Package No. ML11326A253 OFC NMSS/SFST NMSS/SFST NMSS/SFST NRR/DRA/IHPB NRR/DIRS/IFIB NAME KBanovac WWheatley JGoshen UShoop CRegan DATE 11/16/11 11/17/11 11/17/11 11/28/11 11/28/11 OFC NMSS/SFST NMSS/SFST OGC NMSS NAME MWaters DWeaver SUttal DDorman DATE 11/29/11 12/ 5/11 12/13/11 12/20/11 OFFICIAL RECORD COPY
Maine Yankee Atomic Power Station Service List cc:
Mr. Wayne Norton Director Chief Nuclear Officer Division of Health Engineering Maine Yankee Atomic Power Company Department of Human Services 321 Old Ferry Road #10 State House Station Wiscasset, ME 04578-4922 Augusta, ME 04333 Senator Charles Pray Mr. Patrick J. Dostie State Nuclear Safety Advisor State of Maine Nuclear Safety Inspector State Planning Office Department of Health and Human Services State House Station #38 Maine Public Health Augusta, ME 04333 Division of Environmental Health 286 Water St., Key Plaza - 8th Floor First Selectman of Wiscasset State House Station 11 Municipal Building Augusta, ME 04333 U.S. Route 1 Wiscasset, ME 04578 Mr. Jay Hyland State of Maine Friends of the Coast 286 Water St., Key Plaza - 8th Floor P.O. Box 98 State House Station 11 Edgecomb, ME 04556 Augusta, ME 04333 Mr. Jonathan M. Block Regional Administrator, Region I Attorney at Law U.S. Nuclear Regulatory Commission P.O. Box 566 475 Allendale Road Putney, VT 05346-0566 King of Prussia, PA 19406 Joseph Fay, Esquire Decommissioning Branch Chief, Region I Maine Yankee Atomic Power Company U.S. Nuclear Regulatory Commission 321 Old Ferry Road 475 Allendale Road Wiscasset, ME 04578-4922 King of Prussia, PA 19406 Mr. Gerald Poulin David Lewis, Esquire Chairman and President Shaw Pittman Maine Yankee Atomic Power Company 2300 North Street, NW 321 Old Ferry Road Washington, DC 20037 Wiscasset, ME 04578-4922 Mr. James Connell ISFSI Manager Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922
Northeast Utilities Service List cc:
Duncan MacKay, Esquire Deputy General Counsel Northeast Utilities Service Company 107 Selden Street Berlin, CT 06037 Joseph Fay, Esquire Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922 Gerald Garfield Day Pitney, LLP 242 Trumbull Street Hartford, CT 06103 Tim Mathews Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave., NW Washington, D.C. 20004-2541 Neven Rabadjija Associate General Counsel NSTAR 800 Boylston Street, 17th Floor Boston, MA 02199 David A. Repka, Esq.
Winston & Strawn LLP 1700 K Street, N.W.
Washington, DC 20006-3817