[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39910-39913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17010]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 and 50-410]
Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear
Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of
Application Regarding Proposed Corporate Merger and Opportunity for a
Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of request for license transfer, opportunity to comment,
opportunity to request a hearing.
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DATES: Comments must be filed by August 8, 2011. A request for a
hearing must be filed by July 27, 2011.
ADDRESSES: Please include Docket ID NRC-2009-0193 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site http://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
You may submit comments by any one of the following methods.
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2009-0193. Address questions
[[Page 39911]]
about NRC dockets to Carol Gallagher 301-492-3668; e-mail
[email protected].
Mail comments to: Chief, Rules, Announcements, and
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the NRC's public documents. If
you do not have access to ADAMS or if there are problems in accessing
the documents located in ADAMS, contact the NRC's PDR reference staff
at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].
The application dated May 12, 2011, contains proprietary information
and, accordingly, those portions are being withheld from public
disclosure. A redacted version of the application is available
electronically under ADAMS Accession No. ML11138A159.
FOR FURTHER INFORMATION CONTACT: Richard Guzman, Senior Project
Manager, Plant Licensing Branch I-1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington, DC 20555. Telephone: 301-415-1030;
e-mail: [email protected]
The U.S. Nuclear Regulatory Commission (NRC, the Commission) is
considering the issuance of an Order under Title 10 of the Code of
Federal Regulations (10 CFR) 50.80 approving the indirect transfer of
Renewed Facility Operating License Nos. DPR-63 and NPF-69 for the Nine
Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP), respectively,
currently held by Nine Mile Point Nuclear Station, LLC as owner and
licensed operator. Nine Mile Point Nuclear Station, LLC is owned by
Constellation Energy Nuclear Group, LLC (CENG). The indirect transfer
of control would result from the proposed merger between Exelon
Corporation (Exelon) and one of CENG's parent companies, Constellation
Energy Group, Inc (CEG).
According to the application dated May 12, 2011, filed by Exelon
Generation Company, LLC (Exelon Generation) acting on behalf of itself,
Exelon, and Exelon Ventures Company, LLC (Exelon Ventures) and CENG
acting on behalf of its subsidiary licensee, Nine Mile Point Nuclear
Station, LLC, the applicants seek approval pursuant to 10 CFR 50.80 of
the indirect transfer of control of the NMP Renewed Facility Operating
License Nos. DPR-63 and NPF-69.
CEG is one of two parent companies of CENG. CEG, through its
subsidiaries, has a 50.01 percent ownership interest in CENG. EDF Inc.
has the remaining 49.99 percent ownership interest in CENG.
According to the application:
EDF Inc.'s 49.99 percent ownership interest in CENG is not
affected by the corporate merger of Exelon and CEG. EDF Inc. is a U.S.
corporation organized under the laws of the State of Delaware and a
wholly-owned subsidiary of E.D.F. International SAS, a limited company
organized under the laws of France, which is, in turn, a wholly-owned
subsidiary of Electricit[eacute] de France SA, a French limited
company;
The existing chain of ownership for Exelon Generation's
current licensed facilities is unaffected by the proposed transaction
and associated license transfers for NMP;
The proposed transaction does not result in any transfer
of control with respect to the licenses for the current Exelon
Generation plants;
Upon completion of the transaction, CEG will become a
direct, wholly-owned subsidiary of Exelon Generation; and
Throughout the transaction, the direct ownership by CEG of
100 percent of Constellation Nuclear, LLC and, indirectly, the
ownership by CEG of 50.01 percent in CENG and CENG's ownership of
Constellation Nuclear Power Plants, LLC and NMP will remain unchanged.
No physical changes to the NMP facility or operational changes are
being proposed 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. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
corporate merger will not affect the qualifications of the licensee to
hold the license, and that the transfer is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission pursuant thereto.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC E-filing system. Requests for a hearing and
petitions for leave to intervene should be filed in accordance with the
Commission's rules of practice set forth in Subpart C ``Rules of
General Applicability: Hearing Requests, Petitions to Intervene,
Availability of Documents, Selection of Specific Hearing Procedures,
Presiding Officer Powers, and General Hearing Management for NRC
Adjudicatory Hearings,'' of 10 CFR part 2. In particular, such requests
and petitions must comply with the requirements set forth in 10 CFR
2.309. Untimely requests and petitions may be denied, as provided in 10
CFR 2.309(c)(1), unless good cause for failure to file on time is
established. In addition, an untimely request or petition should
address the factors that the Commission will also consider, in
reviewing untimely requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)-(viii). NRC regulations are accessible electronically
from the NRC Library on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the
[[Page 39912]]
participant should contact the Office of the Secretary by e-mail at
[email protected], or by telephone at (301) 415-1677, to request
(1) a digital ID certificate, which allows the participant (or its
counsel or representative) to digitally sign documents and access the
E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at:
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Petitions for leave to intervene must be filed no later than 20
days from the date of publication of this notice. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(viii).
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted to the Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications
Staff, and should cite the publication date and page number of this
Federal Register notice.
For further details with respect to this license transfer
application, see the application dated May 12, 2011, available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
documents created or received at the NRC are accessible electronically
through
[[Page 39913]]
ADAMS in the NRC Library at 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 to [email protected].
Dated at Rockville, Maryland, this 28th day of June 2011.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-17010 Filed 7-6-11; 8:45 am]
BILLING CODE 7590-01-P