53770 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

contained in the application. CENG and 

Ginna, 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 

Ginna, 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. 

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 Ginna, 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. E9–25167 Filed 10–19–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0194; Docket Nos. 50–317, 50– 

318, 72–8; Renewed License No. DPR–53; 

Renewed License No. DPR–69; License No. 

SNM–2505] 

In the Matter of Constellation Energy 

Nuclear Group, LLC; EDF 

Development, Inc.; Calvert Cliffs 

Nuclear Power Plant, Inc.; Calvert 

Cliffs Nuclear Power Plant, LLC 

(Calvert Cliffs Nuclear Power Plant, 

Unit Nos. 1 and 2, and Calvert Cliffs 

Independent Spent Fuel Storage 

Installation); Order Approving 

Application Regarding Proposed 

Corporate Restructuring and 

Approving Conforming Amendments 

I 

Calvert Cliffs Nuclear Power Plant, 

Inc. (CCNPP, Inc. or the licensee) is the 

holder of Renewed Facility Operating 

License Nos. DPR–53 and DPR–69, 

which authorize the possession, use, 

and operation of Calvert Cliffs Nuclear 

Power Plant, Unit Nos. 1 and 2 (CCNPP 

1 and 2), and of Material License No. 

SNM–2505, which authorizes the 

possession, use, and operation of the 

Calvert Cliffs Independent Spent Fuel 

Storage Installation (Calvert Cliffs 

ISFSI), and authorizes CCNPP, Inc. 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 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 and 10 CFR 72.50, consent to the 

indirect license transfers that would be 

affected by the indirect transfer of 

control of CENG’s ownership and 

operating interests in CCNPP 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 wholly-owned 

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. The applicants also 

requested approval of the proposed 

direct transfer of licenses held under 

CCNPP, Inc. to a new legal entity, 

CCNPP, LLC and approval of 

conforming license amendments that 

would replace references to CCNPP, Inc. 

in the license with references to CCNPP, 

LLC to reflect the transfer of ownership 

and operating authority, specifically, to 

possess, use and operate CCNPP 1 and 

2 and to receive, possess, or use related 

licensed materials under the applicable 

conditions and authorizations in the 

CCNPP 1 and 2 license and for the ISFSI 

license. 

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 Nine Mile Point Nuclear 

Station, 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 CCNPP, LLC, Nine Mile 

Point Nuclear Station, LLC, and R.E. 

Ginna Nuclear Power Plant, LLC. 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 53771 

CCNPP, Inc. will convert to CCNPP, 

LLC. 

No physical changes to the facilities 

or operational changes are being 

proposed in the application. The 

proposed conforming license 

amendment would replace references to 

CCNPP, Inc. in the license with 

references to CCNPP, LLC to reflect the 

proposed direct transfer of the licenses. 

Approval of the transfer of the license 

and the conforming license amendment 

is requested by the applicants pursuant 

to 10 CFR 50.80, 10 CFR 50.90, and 10 

CFR 72.50. Notice of the request for 

approval and opportunity for a hearing 

was published in the Federal Register 

on May 7, 2009 (74 FR 21413). 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 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 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, and that the direct transfer of 

CCNPP, Inc. to CCNPP, LLC, 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 

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 amendments 

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 

and 10 CFR 72.50, it is hereby ordered 

that the application regarding the 

indirect license transfers and direct 

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) Before completion of the proposed 

transaction, CENG shall provide the 

Director of the Office of Nuclear Reactor 

Regulation satisfactory documentary 

evidence that CCNPP, LLC has obtained 

the appropriate amount of insurance 

required of licensees under 10 CFR part 

140 of the Commission’s regulations. 

(2) CCNPP, LLC may no longer rely 

exclusively on an external sinking fund 

as its decommissioning funding 

assurance mechanism and will be 

required to implement an alternate 

decommissioning funding assurance 

mechanism, acceptable per NRC 

requirements outlined in 10 CFR 

50.75(e)(1), which will be used to 

provide decommissioning funding 

assurance. 

(3) The ownership and governance 

arrangements as a result of the proposed 

transaction, are 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. 

(4) 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 

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 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 

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 Support 

Agreements as submitted without the 

prior written consent of the NRC staff. 

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 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
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 


cprice-sewell on DSKGBLS3C1PROD with NOTICES