Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 11165 

3. How often the collection is 

required: One-time, on occasion. 

4. Who is required or asked to report: 

104 power reactor licensees. 

5. The number of annual respondents: 

104. 

6. The number of hours needed 

annually to complete the requirement or 

request: The NRC estimates that it will 

require 13,300 hours per power reactor 

to respond to the information collection 

request, for a total of 1,383,200 hours (or 

461,067 hours annualized). 

7. Abstract: Following the accident at 

the Fukushima Dai-ichi nuclear power 

plant resulting from the March 11, 2011, 

Great To ̄hoku Earthquake and 

subsequent tsunami, the NRC 

established the Near-Term Task Force 

(NTTF). The NTTF Charter, dated 

March 30, 2011, tasked the NTTF with 

conducting a systematic and methodical 

review of NRC processes and 

regulations and determining if the 

agency should make additional 

improvements to its regulatory system. 

Ultimately, a comprehensive set of 

recommendations contained in a report 

to the Commission (dated July 12, 2011, 

SECY–11–0093 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML111861807)) was developed using a 

decision rationale built around the 

defense-in-depth concept in which each 

level of defense-in-depth (namely 

prevention, mitigation, and emergency 

preparedness (EP)) is critically 

evaluated for its completeness and 

effectiveness in performing its safety 

function. 

On August 19, 2011, following 

issuance of the NTTF report, the 

Commission directed the NRC staff in 

staff requirements memorandum (SRM) 

for SECY 11–0093 (ADAMS Access No. 

ML112310021), in part, to determine 

which of the recommendations could 

and should be implemented without 

unnecessary delay. 

On September 9, 2011, the NRC staff 

provided SECY–11–0124 to the 

Commission (ADAMS Accession No. 

ML11245A158). The document 

identified those actions from the NTTF 

report that should be taken without 

unnecessary delay. As part of the 

October 18, 2011, SRM for SECY–11– 

0124 (ADAMS Accession No. 

ML112911571), the Commission 

approved the staff’s proposed actions, 

including the development of three 

information requests under 10 CFR 

50.54(f). The information collected 

would be used to support the NRC 

staff’s evaluation of whether further 

regulatory action was needed in the 

areas of seismic and flooding design, 

and emergency preparedness. 

On December 23, 2011, the 

Consolidated Appropriations Act, 

Public Law 112–074, was signed into 

law. Section 402 of the law also requires 

a reevaluation of licensees’ design basis 

for external hazards, and expands the 

scope to include other external events. 

The NRC has concluded that it 

requires the information requested to 

verify the compliance with design bases 

at nuclear power plants and to 

determine if additional regulatory 

actions are appropriate. Therefore, the 

NRC will issue requests for information, 

pursuant to Section 182(a) of the Atomic 

Energy Act of 1954, as amended, and 10 

CFR 50.54(f). Addressees to the NRC 

information request will be required to 

confirm receipt of the request for 

information within 30 days. Each 

attachment to the request for 

information contains a topic-specific 

schedule for response. The NRC is 

requesting OMB review and approval of 

this collection by March 6, 2012, with 

a 180-day approval period. 

Throughout the development of these 

letters, the NRC has solicited 

stakeholder input including feedback on 

the burden. The NRC made draft 

versions of the letters publically 

available and hosted seven public 

meetings to gather stakeholder feedback. 

Further, the Nuclear Energy Institute 

provided feedback to the NRC on the 

content of the letters, including the 

associated burden. The NRC considered 

all feedback in generating its burden 

estimate. 

Submit, by March 5, 2012, comments 

that address the following questions: 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the burden estimate accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques or other forms of 

information technology? 

The public may examine and have 

copied for a fee publicly available 

documents, including the final 

supporting statement, at the NRC’s 

Public Document Room, Room O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. OMB 

clearance requests are available at the 

NRC Web site: http://www.nrc.gov/ 

public_involve/doc_comment/omb/ 

index.html. The document will be 

available on the NRC home page site for 

60 days after the signature date of this 

notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by March 5, 2012. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

Chad Whiteman, Desk Officer, Office of 

Information and Regulatory Affairs 

(3150–XXXX), NEOB–10202, Office of 

Management and Budget, 

Washington, DC 20503. 

Comments can also be emailed to 

Chad_S_Whiteman@omb.eop.gov or 

submitted by telephone at (202) 395– 

4718. 

For additional information on the 

information collections, contact G. 

Edward Miller, Project Manager, 

Projects Management Branch, Japan 

Lessons Learned Project Directorate, 

Office of Nuclear Reactor Regulation, 

U.S. Nuclear Regulatory Commission, 

Rockville, MD 20852. Telephone: (301) 

415–2481; fax number: (301) 415–2444; 

email: Edward.Miller@nrc.gov. 

The NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Questions about the information 

collection requirements may be directed 

to the NRC Clearance Officer, Tremaine 

Donnell (T–5 F53), U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by telephone at 301– 

415–6258, or by email to 

INFOCOLLECTS.Resource@NRC.GOV. 

Dated at Rockville, Maryland, this 21st day 

of February 2012. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. 2012–4360 Filed 2–23–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2011–0157] 

Order Approving Application 

Regarding Proposed Corporate Merger 

and Indirect Transfer of Licenses 


srobinson on DSK4SPTVN1PROD with NOTICES
11166 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 

1See Revised Figure 3, ‘‘Post-Transaction Final 

Organization,’’ from letter dated November 11, 

2011. 

In the Matter of 

EXELON CORPORATION. 

CONSTELLATION ENERGY GROUP, INC. 

CALVERT CLIFFS NUCLEAR POWER PLANT, LLC.

Calvert Cliffs Nuclear Power Plant, Units 1 and 2 ...................................................... Docket Nos. 50–317 and 50–318. 

License Nos. DPR–53 and DPR–69. 

Calvert Cliffs Independent Spent Fuel Storage Installation ........................................ Docket No. 72–8. 

Materials License No. SNM–2505. 

I 

Calvert Cliffs Nuclear Power Plant, 

LLC (CCNPP, LLC or the licensee), is the 

holder of Renewed Facility Operating 

License Nos. DPR–53 and DPR–69, 

which authorizes the possession, use, 

and operation of the Calvert Cliffs 

Nuclear Power Plant, Units 1 and 2 

(CCNPP 1 and 2), and of Materials 

License No. SNM–2505, which 

authorizes the possession and use and 

operation of the Calvert Cliffs 

Independent Spent Fuel Storage 

Installation (ISFSI), and authorizes 

CCNPP, LLC to receive, possess, 

transfer, and store power reactor spent 

fuel at the Calvert Cliffs ISFSI. The 

facilities are located at the licensee’s site 

in Calvert County, Maryland. 

II 

By letter dated May 12, 2011, as 

supplemented on June 17, August 12, 

October 13, November 10, November 11, 

November 18, and November 22, 2011, 

and January 19, and January 25, 2012 

(collectively, the application), Exelon 

Generation Company, LLC (Exelon 

Generation), acting on behalf of itself, 

Exelon Corporation (Exelon), and 

Exelon Ventures Company, LLC (Exelon 

Ventures), and Constellation Energy 

Nuclear Group, LLC (CENG), acting on 

behalf of itself, and the licensee, 

requested that the U.S. Nuclear 

Regulatory Commission (NRC, the 

Commission), pursuant to Title 10 of the 

Code of Federal Regulations (10 CFR) 

50.80 and 10 CFR 72.50, consent to the 

proposed indirect license transfer of 

Renewed Facility Operating License 

Nos. DPR–53 and DPR–69 and Materials 

License No. SNM–2505, that would be 

effected by the indirect transfer of 

control of the ownership and operating 

interests in CCNPP, LLC. The transfers 

being sought are a result of the proposed 

merger between Exelon and one of 

CENG’s parent companies, Constellation 

Energy Group, Inc. (CEG), whereby CEG 

would be merged into Exelon and 

ownership of CEG’s 50.01 percent of 

CENG would be transferred to Exelon. 

The remaining 49.99 percent ownership 

of CENG is held by EDF, Inc. 

The licensee is a direct wholly owned 

subsidiary of Constellation Nuclear 

Power Plants, LLC, which, in turn, is a 

direct wholly owned subsidiary of 

CENG. 

The proposed merger will be 

accomplished in several steps and the 

involvement of the following entities: 

CEG, Exelon, Exelon Generation, Exelon 

Ventures, Bolt Acquisition Corporation 

(Bolt) (an Exelon subsidiary formed for 

the sole purpose of merging with CEG), 

and Constellation Nuclear, LLC (CNL) (a 

wholly owned subsidiary of CEG and 

intermediate parent company of CCNPP, 

LLC). Following the closing of the 

transfers, Exelon will be the ultimate 

parent company of CNL, CENG, and the 

licensee. 

Exelon Ventures and Bolt are direct 

wholly owned subsidiaries of Exelon. 

Exelon Generation is a direct wholly 

owned subsidiary of Exelon Ventures. 

First, the acquisition of CEG by Exelon 

will be effected by the merger of Bolt 

with and into CEG, with CEG being the 

surviving corporation. As a result of the 

merger, CEG will be a direct wholly 

owned subsidiary of Exelon, and former 

CEG shareholders will become 

shareholders of Exelon. Immediately 

after the merger, CEG will distribute to 

Exelon, as a dividend, 100 percent of 

the equity interests of several companies 

unrelated to CEG’s nuclear and other 

generation business, including 

Baltimore Gas and Electric Company. 

Second, and concurrent with the 

distribution of CEG’s equity interests in 

RF HoldCo LLC (the holding company 

for Baltimore Gas and Electric 

Company), CEG will merge into Exelon, 

resulting in the termination of CEG’s 

corporate existence. Exelon will then 

contribute 100 percent of its equity 

interest in CEG to Exelon Ventures, 

which, in turn, will contribute the 

equity interest to Exelon Generation, 

resulting in CEG becoming a direct 

wholly owned subsidiary of Exelon 

Generation. CEG will then cease to exist, 

making CNL a direct wholly owned 

subsidiary of Exelon Generation. Exelon 

will indirectly own 100 percent of CNL 

through its wholly owned subsidiary, 

Exelon Generation.1

CNL, through wholly owned 

subsidiaries, has a 50.01 percent 

ownership interest in CENG; EDF Inc. 

has a 49.99 percent ownership interest 

in CENG. EDF Inc. is a U.S. corporation 

organized under the laws of the State of 

Delaware and is 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 Electricite ́

de France SA, a French limited 

company. As a result of the merger, 

CNL, as a direct subsidiary of Exelon 

Generation, will continue to indirectly 

hold a 50.01 percent ownership interest 

in CENG; EDF Inc. will continue to have 

a 49.99 percent ownership interest in 

CENG. EDF Inc.’s 49.99 percent 

ownership interest in CENG is 

unaffected by the merger of Exelon and 

CEG and associated indirect license 

transfers. 

No physical changes to the facilities 

or operational changes are being 

proposed in the application. 

Notice of the request for approval and 

opportunity for a hearing was published 

in the Federal Register on July 7, 2011 

(76 FR 39908). No comments or hearing 

requests were received. 

Pursuant to 10 CFR 50.80(a) and 10 

CFR 72.50, 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 as supplemented and other 

information before the Commission, and 

relying upon the representations and 

agreements in the application, the NRC 

staff has determined that the proposed 

indirect transfer of control of the subject 

licenses held by the licensee to the 

extent such will result from the 

proposed merger of CEG and Exelon, as 

described in the application, will not 

affect the qualifications of the licensee 

to hold the respective licenses and is 

otherwise consistent with the applicable 

provisions of law, regulations, and 

Orders issued by the NRC pursuant 

thereto, subject to the conditions set 

forth below. 

The findings set forth above are 

supported by a safety evaluation (SE) 

dated February 15, 2012. 

III 

Accordingly, pursuant to Sections 

161b, 161i, 161o, and 184 of the Atomic 

Energy Act of 1954, as amended (the 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 11167 

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 merger, as described herein, is 

approved, subject to the following 

conditions: 

1. All conditions contained in the 

‘‘Order Superseding Order of October 9, 

2009, Approving Application Regarding 

Proposed Corporate Restructuring and 

Approving Conforming Amendments,’’ 

dated October 30, 2009, concerning the 

corporate restructuring of CENG and 

associated indirect and direct transfers 

of control of the operating licenses held 

by CCNPP, LLC, shall remain in full 

force and effect and are incorporated 

herein as if fully set forth, except as they 

are amended herein. 

2. The Nuclear Advisory Committee 

of Constellation Energy Nuclear Group, 

LLC, shall prepare an Annual Report 

regarding the status of foreign 

ownership, control, or domination of 

the licensed activities of power reactors 

under the control, in whole or part, of 

Constellation Energy Nuclear Group, 

LLC. The Report shall be submitted to 

the NRC within 30 days of completion 

of the Nuclear Advisory Committee 

Report, or by January 31 of each year 

(whichever occurs first). No action shall 

be taken by Constellation Energy 

Nuclear Group, LLC, or any entity to 

cause Constellation Nuclear, LLC, 

Exelon Generation, LLC, or their parent 

companies, subsidiaries or successors to 

modify the Nuclear Advisory Committee 

Report before submittal to the NRC. The 

Report shall be made available to the 

public, with the potential exception of 

information that meets the requirements 

for withholding such information from 

public disclosure under the regulations 

of 10 CFR 2.390, ‘‘Public Inspections, 

Exemptions, Requests for Withholding.’’ 

3. Records of all votes by EDF Inc., or 

its representatives, on the Constellation 

Energy Nuclear Group, LLC, Board of 

Directors and the use of the Chairman’s 

casting vote will be sent to the Nuclear 

Advisory Committee and shall be 

reviewed by the Nuclear Advisory 

Committee to ensure that no foreign 

interests have exercised foreign 

ownership, control, or domination over 

the licensed activities of Calvert Cliffs 

Nuclear Power Plant, Units 1 and 2, and 

the Calvert Cliffs ISFSI, and that no 

action taken by a foreign interest 

involved with licensed activities is 

inimical to the common defense and 

security. The results of the Nuclear 

Advisory Committee’s review shall be 

summarized in the Nuclear Advisory 

Committee Report and shall include 

discussions of any use of the Chairman’s 

casting vote, determinations whether an 

exercise of foreign ownership, control, 

or domination has occurred, or that 

foreign involvement with licensed 

activities was inimical to the common 

defense and security. 

4. Exelon Generation, LLC shall enter 

into the $205 million Support 

Agreement for Constellation Energy 

Nuclear Group, LLC, as described in the 

November 11, 2011, supplement to the 

May 12, 2011, indirect license transfer 

application, no later than the time the 

proposed transactions and indirect 

license transfers occur. The Exelon 

Generation, LLC, Support Agreement 

shall supersede the Support Agreement 

provided by Constellation Energy 

Group, Inc., and shall be consistent with 

the representations contained in the 

application. Constellation Energy 

Nuclear Group, LLC, shall take no 

action to cause Exelon Generation, LLC, 

or its successors and assigns, to void, 

cancel, or materially modify the Support 

Agreement or cause it to fail to perform, 

or impair its performance under the 

Support Agreement, without the prior 

written consent of the NRC. The 

Support Agreement may not be 

amended or modified without 30 days 

prior written notice to the Director of 

the Office of Nuclear Reactor Regulation 

or his designee. An executed copy of the 

Support Agreement shall be submitted 

to the NRC no later than 30 days after 

the completion of the proposed merger 

and the indirect license transfers. 

Constellation Energy Nuclear Group, 

LLC, shall inform the NRC in writing no 

later than 10 days after any funds are 

provided to Constellation Energy 

Nuclear Group, LLC, or any of the 

licensees by Exelon Generation, LLC, 

under the Support Agreement. 

5. Upon consummation of the merger, 

Constellation Energy Nuclear Group, 

LLC, shall submit to the NRC, the 

amended and restated Constellation 

Energy Nuclear Group, LLC, Operating 

Agreement, reflecting the terms set forth 

in the Settlement Agreement, including 

the proposed revisions provided in the 

January 25, 2012, supplement to the 

application. The amended and restated 

Operating Agreement may not be 

modified in any respect concerning 

decisionmaking authority over nuclear 

safety, security, and reliability without 

the prior written consent of the Director, 

Office of Nuclear Reactor Regulation. 

6. Should the proposed corporate 

merger not be completed within 1 year 

from the date of this Order, this Order 

shall become null and void, provided, 

however, upon written application and 

good cause shown, such date may be 

extended by Order. 

It is further ordered that, after receipt 

of all required regulatory approvals of 

the proposed indirect transfer action, 

Exelon Generation shall inform the 

Director of the Office of Nuclear Reactor 

Regulation in writing of the date of the 

closing of the corporate merger of 

Exelon and CEG. 

This Order is effective upon issuance. 

For further details with respect to this 

Order, see the initial application dated 

May 12, 2011 (Agencywide Documents 

Access and Management System 

Accession No. ML11138A159), as 

supplemented by letters dated June 17 

(ML11173A067), August 3 

(ML112150519), August 12 

(ML11234A062), October 13 

(ML113050083), November 10 

(ML11335A024), November 11 

(ML113180265), November 18 

(ML11325A258), and November 22, 

2011 (ML113260456), and January 19 

(ML12019A0346), and January 25, 2012 

(ML12032A153), and the SE dated 

February 15, 2012, which are available 

for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area 01 F21, 11555 

Rockville Pike (first floor), Rockville, 

MD. Publicly available documents 

created or received at the NRC are 

accessible electronically through 

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 email 

to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 15th day 

of February 2012. 

For the Nuclear Regulatory Commission. 

Michele G. Evans, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

Catherine Haney, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2012–4323 Filed 2–23–12; 8:45 am] 

BILLING CODE 7590–01–P 


srobinson on DSK4SPTVN1PROD with NOTICES