53772 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

Development under any Support 

Agreement. 

(c) The Master Demand Notes 

described in the supplement to the 

application dated July 27, 2009, shall be 

effective as of the date of the transfer 

and shall be consistent with the 

representations contained in the 

application. CENG and CCNPP, LLC, 

shall take no action to cause CEG and/ 

or EDF Development, or their successors 

and assigns, to void, cancel or 

materially modify the Master Demand 

Notes without the prior written consent 

of the NRC staff. 

It is further ordered that, consistent 

with 10 CFR 2.1315(b), the license 

amendment that makes changes, as 

indicated in Enclosure 2 to the cover 

letter forwarding this Order, to conform 

the license to reflect the subject direct 

license transfer is approved. The 

amendment shall be issued and made 

effective at the time the proposed direct 

license transfer is completed. 

It is further ordered that CENG shall 

inform the Director of the Office of 

Nuclear Reactor Regulation, in writing, 

of the date of closing of the transfer of 

EDF Development’s ownership and 

operating interests in CENG at least 1 

business day before the closing. Should 

the transfer of the license not be 

completed within 1 year of this Order’s 

date of issuance, this Order shall 

become null and void, provided, 

however, that upon written application 

and for good cause shown, such date 

may be extended by Order. 

This Order is effective upon issuance. 

For further details with respect to this 

Order, see the initial application dated 

January 22, 2009 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML090290101), as supplemented by 

letters dated February 26 

(ML090630426), April 8 

(ML091000665), June 25 

(ML091811094), and July 27, 2009 

(ML092150712), and the SE with the 

same date as this Order, which are 

available for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

11555 Rockville Pike, Room O–1 F21 

(First Floor), Rockville, Maryland, and 

accessible electronically from the 

ADAMS Public Electronic Reading 

Room on the Internet at the NRC Web 

site, 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 at pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 9th day 

of October 2009. 

For the Nuclear Regulatory Commission. 

Bruce S. Mallett, 

Deputy Executive Director for Reactor and 

Preparedness Programs. 

Michael F. Weber, 

Director, Office of Nuclear Material Safety. 

[FR Doc. E9–25166 Filed 10–19–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0193; Docket Nos. 50–220 and 

50–410] 

EDF Development, Inc., Renewed 

License No. DPR–63; Constellation 

Energy Nuclear Group, LLC, Renewed 

License No. NPF–69; Nine Mile Point 

Nuclear Station, LLC (Nine Mile Point 

Nuclear Station Unit Nos. 1 and 2); 

Order Approving Application 

Regarding Proposed Corporate 

Restructuring 

I 

Nine Mile Point Nuclear Station, LLC 

(NMPNS, LLC or the licensee) is the 

holder of Renewed Facility Operating 

License Nos. DPR–63 and NPF–69, 

which authorize the possession, use, 

and operation of the Nine Mile Point 

Nuclear Station, Unit Nos. 1 and 2 

(NMP 1 and 2). The facility is located at 

the licensee’s site in Oswego, New York. 

II 

By letter dated January 22, 2009, as 

supplemented on February 26, April 8, 

June 25, and July 27, 2009 (together, the 

application), Constellation Energy 

Nuclear Group, LLC (CENG), on behalf 

of the licensee and EDF Development, 

Inc. (EDF Development) (together, the 

applicants), requested that the Nuclear 

Regulatory Commission (NRC, the 

Commission), pursuant to Title 10 of the 

Code of Federal Regulations (10 CFR) 

50.80, consent to the indirect license 

transfers that would be effected by the 

indirect transfer of control of CENG’s 

ownership and operating interests in 

NMP 1 and 2. The actions being sought 

as a result of certain proposed corporate 

restructuring actions in connection with 

a planned investment by EDF 

Development whereby it would acquire 

a 49.99% ownership interest in CENG 

from Constellation Energy Group, Inc. 

(CEG), the current 100% owner of 

CENG. EDF Development is a U.S. 

corporation organized under the laws of 

the State of Delaware and a whollyowned subsidiary of E.D.F. International 

S.A., a public limited company 

organized under the laws of France, 

which is in turn a wholly-owned 

subsidiary of E ́lectricite ́ de France S.A., 

a French limited company. 

Following the proposed transaction, 

EDF Development will hold a 49.99% 

ownership interest in CENG; CEG will 

hold a 50.01% ownership interest in 

CENG through two new intermediate 

parent companies, Constellation 

Nuclear, LLC and CE Nuclear, LLC, 

formed for non-operational purposes. In 

addition, Constellation Nuclear Power 

Plants, Inc., which is currently an 

intermediate holding company between 

CENG and NMPNS, LLC and R.E. Ginna 

Nuclear Power Plant, LLC, will convert 

to a Delaware limited liability company 

and become Constellation Nuclear 

Power Plants, LLC, and will exist as an 

intermediate holding company between 

CENG and NMPNS, LLC, R.E. Ginna 

Nuclear Power Plant, LLC, and Calvert 

Cliffs Nuclear Power Plant, LLC. No 

physical changes to the facilities or 

operational changes are being proposed 

in the application. 

Approval of the transfer of the license 

is requested by the applicants pursuant 

to 10 CFR 50.80. Notice of the request 

for approval and opportunity for a 

hearing was published in the Federal 

Register on May 6, 2009 (74 FR 21015). 

No hearing requests or petitions to 

intervene were received. The NRC 

received comments from a member of 

the public in Seattle, Washington, in an 

e-mail dated May 22, 2009. The 

comments did not provide any 

information additional to that in the 

application, nor did they provide any 

information contradictory to that 

provided 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. Upon review 

of the information in the application 

and other information before the 

Commission, and relying upon the 

representations and agreements 

contained in the application, the NRC 

staff has determined that the proposed 

indirect license transfer of control of the 

subject license held by the licensee to 

the extent such will result from the 

proposed corporate restructuring actions 

in connection with the planned 

investment by EDF Development 

whereby it will acquire a 49.99% 

ownership interest in CENG, to the 

extent affected by the proposed 

transaction as described in the 

application, is otherwise consistent with 

applicable provisions of law, 

regulations, and Orders issued by the 

NRC, pursuant thereto, subject to the 

conditions set forth below. The NRC 


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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 53773 

staff has further found that the 

application for the proposed license 

amendment complies with the 

standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations set forth in 10 CFR 

Chapter I; the facility will operate in 

conformity with the application, the 

provisions of the Act, and the rules and 

regulations of the Commission; there is 

reasonable assurance that the activities 

authorized by the proposed license 

amendment can be conducted without 

endangering the health and safety of the 

public and that such activities will be 

conducted in compliance with the 

Commission’s regulations; the issuance 

of the proposed license amendment will 

not be inimical to the common defense 

and security or to the health and safety 

of the public; and the issuance of the 

proposed amendments will be in 

accordance with 10 CFR Part 51 of the 

Commission’s regulations and all 

applicable requirements have been 

satisfied. 

The findings set forth above are 

supported by the NRC staff’s safety 

evaluation (SE) dated the same day as 

this Order. 

III 

Accordingly, pursuant to Sections 

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

restructuring actions in connection with 

the planned investment by EDF 

Development, as described herein, is 

approved, subject to the following 

conditions: 

(1) The ownership and governance 

arrangements as a result of the proposed 

transaction, is subject to the following: 

(a) The Operating Agreement 

included with the application dated 

January 22, 2009, may not be modified 

in any material respect concerning 

decision-making authority over ‘‘safety 

issues’’ as defined therein without the 

prior written consent of the Director, 

Office of Nuclear Reactor Regulation. 

(b) At least half the members of 

CENG’s Board of Directors must be U.S. 

citizens. 

(c) The Chief Executive Officer (CEO), 

Chief Nuclear Officer (CNO) and 

Chairman of the Board of Directors of 

CENG 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 

Calvert Cliffs, Unit Nos. 1 and 2, Calvert 

Cliffs ISFSI, Nine Mile Point, Unit Nos. 

1 and 2, and R.E. Ginna licenses are at 

all times conducted in a manner 

consistent with the public health and 

safety and common defense and security 

of the United States. 

(d) CENG will establish a Nuclear 

Advisory Committee (NAC) composed 

of U.S. citizens who are not officers, 

directors, or employees of CENG, CEG 

or EDF Development. The NAC will 

report to and provide transparency to 

the NRC and other U.S. governmental 

agencies regarding foreign ownership 

and control of nuclear operations. 

(e) CENG shall cause to be transmitted 

to the Director, Office of Nuclear 

Reactor Regulation, within 30 days of 

knowledge of a filing with the U.S. 

Securities and Exchange Commission, 

any Schedules 13D or 13G filed 

pursuant to the Securities and Exchange 

Act of 1934 that disclose beneficial 

ownership of any registered classes of 

CEG stock. 

(2) The financial arrangements 

resulting from the proposed transaction, 

are subject to the following: 

(a) The working capital and cash 

pooling arrangements described in 

Article IV of the Operating Agreement 

included with the application dated 

January 22, 2009, and supplement dated 

July 27, 2009, shall be effective as of the 

date of the transfer and shall be 

consistent with the representations 

contained in the application. CENG and 

NMPNS, LLC shall take no action to 

cause CEG and/or EDF Development, or 

their successors and assigns, to void, 

cancel or materially modify the working 

capital and cash pooling arrangements 

in the Operating Agreement without the 

prior written consent of the NRC staff. 

(b) The Support Agreements 

described in the supplement to the 

application dated February 26, 2009 (up 

to $290 million), shall be effective as of 

the date of the transfer and shall be 

consistent with the representations 

contained in the application. CENG and 

NMPNS, LLC shall take no action to 

cause CEG and/or EDF Development, or 

their successors and assigns, to void, 

cancel or materially modify the Support 

Agreements as submitted without the 

prior written consent of the NRC staff, 

except, however, the intercompany 

credit agreement referenced in the 

current licenses for NMP 1 and 2 

[condition 2.D(12) for Unit 1 and 2.C(15) 

for Unit 2] may be revoked or rescinded 

if and when the $290 million support 

agreements described in the February 

26, 2009, supplement to the application 

become effective. CENG shall inform the 

Director of the Office of Nuclear Reactor 

Regulation, in writing, no later than ten 

days after any funds are provided to 

CENG or any of the licensees by CEG or 

EDF Development under any Support 

Agreement. 

(c) The Master Demand Notes 

described in the supplement to the 

application dated July 27, 2009, shall be 

effective as of the date of the transfer 

and shall be consistent with the 

representations contained in the 

application. CENG and NMPNS, LLC 

shall take no action to cause CEG and/ 

or EDF Development, or their successors 

and assigns, to void, cancel or 

materially modify the Master Demand 

Notes without the prior written consent 

of the NRC staff. 

It is further ordered that CENG shall 

inform the Director of the Office of 

Nuclear Reactor Regulation, in writing, 

of the date of closing of the transfer of 

EDF Development’s ownership and 

operating interests in CENG at least 1 

business day before the closing. Should 

the transfer of the license not be 

completed within 1 year of this Order’s 

date of issuance, this Order shall 

become null and void, provided, 

however, that upon written application 

and for good cause shown, such date 

may be extended by order. 

This Order is effective upon issuance. 

For further details with respect to this 

Order, see the initial application dated 

January 22, 2009 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML090290101), as supplemented by 

letters dated February 26 

(ML090630426), April 8 

(ML091000665), June 25 

(ML091811094), and July 27, 2009 

(ML092150712), and the SE with the 

same date as this Order, which are 

available for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

11555 Rockville Pike, Room O–1 F21 

(First Floor), Rockville, Maryland, and 

accessible electronically from the 

ADAMS Public Electronic Reading 

Room on the Internet at the NRC Web 

site, 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 at pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 9th day 

of October 2009. 

For The Nuclear Regulatory Commission. 

Bruce S. Mallett, 

Deputy Executive Director for Reactor and 

Preparedness Programs. 

[FR Doc. E9–25165 Filed 10–19–09; 8:45 am] 

BILLING CODE 7590–01–P 


cprice-sewell on DSKGBLS3C1PROD with NOTICES