53768 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

of polyester tire cord and high denier 

industrial yarn. 

The company reports that UTi 

Integrated Logistics, an on-site leasing 

firm at the subject firm, was formerly 

known as Standard Corporation. 

Information also shows that workers 

separated from employment from UTi 

Integrated Logistics had their wages 

reported under a separate 

unemployment insurance (UI) tax 

account for Standard Corporation. 

Accordingly, the Department is 

amending this certification to properly 

reflect this matter. 

The intent of the Department’s 

certification is to include all workers of 

the subject firm who were adversely 

affected as an upstream supplier to a 

trade certified primary firm. 

The amended notice applicable to 

TA–W–70,812 is hereby issued as 

follows: 

All workers of Performance Fibers 

Operations, Inc., Salisbury Plant, including 

on-site leased workers from Mundy 

Maintenance Services and Operations and 

UTi Integrated Logistics, formerly known as 

Standard Corporation, Salisbury, North 

Carolina, who became totally or partially 

separated from employment on or after May 

29, 2008 through July 7, 2011, and all 

workers in the group threatened with total or 

partial separation from employment on date 

of certification through two years from the 

date of certification, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as amended. 

Signed at Washington, DC, this 7th day of 

October 2009 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–25148 Filed 10–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–70,477] 

Dell USA LP, Americas Business 

Operations Organization; Round Rock, 

TX; Notice of Negative Determination 

Regarding Application for 

Reconsideration 

By application sent via facsimile on 

September 17, 2009, a petitioner 

requested administrative 

reconsideration of the Department’s 

negative determination regarding 

eligibility to apply for Trade Adjustment 

Assistance (TAA), applicable to workers 

and former workers of the subject firm. 

The denial notice was signed on August 

7, 2009 and published in the Federal 

Register on September 22, 2009 (74 FR 

48304). 

Pursuant to 29 CFR 90.18(c) 

reconsideration may be granted under 

the following circumstances: 

(1) If it appears on the basis of facts 

not previously considered that the 

determination complained of was 

erroneous; (2) If it appears that the 

determination complained of was based 

on a mistake in the determination of 

facts not previously considered; or (3) If 

in the opinion of the Certifying Officer, 

a mis-interpretation of facts or of the 

law justified reconsideration of the 

decision. 

The negative TAA determination 

issued by the Department for workers of 

Dell USA LP, Americas Business 

Operations Organization, Round Rock, 

Texas was based on the finding that the 

subject firm did not separate or threaten 

to separate a significant number or 

proportion of workers as required by 

Section 222 of the Trade Act of 1974. 

The petitioner stated that prior to May 

2008 the workers of the subject firm 

were part of Global Financial Services 

Group at Dell USA. The petitioner 

further stated that in May 2008 the 

petitioning worker group was 

transferred to a different division at Dell 

USA and became a part of Americas 

Business Operations Group. After the 

transition, the workers continued 

performing similar functions and were 

engaged in activities related to financial 

and accounting services. 

When assessing eligibility for TAA, 

the Department determines whether 

each required criterion is met prior to 

issuing the determination. In order for 

the criteria (a)(2)(A)(i) and 222(c)(1) to 

be met, the Department exclusively 

considers the relevant employment data 

(for one year prior to the date of the 

petition and any imminent layoffs) for 

the facility where the petitioning worker 

group was employed. 

In case at hand, the investigation 

revealed that employment levels at Dell 

USA LP, Americas Business Operations 

Organization, Round Rock, Texas did 

not decline during the relevant period 

and there was no threat of separations. 

A significant number or proportion of 

the workers in a firm or appropriate 

subdivision means at least three workers 

in a workforce of fewer than 50 workers, 

five percent of the workers in a 

workforce of over 50 workers, or at least 

50 workers. Therefore, criterion I of 

Section 222(a) and criterion (1) of 

Section 222(c) of the Act were not met. 

The petitioner also alleged that there 

was a shift in services provided by the 

workers of the subject firm to India and 

not to Beijing, China as indicated in the 

negative determination document 

issued by the Department of Labor. 

The allegation of the shift in services 

to India would have been relevant if it 

was determined that all other criteria 

have been met. However, it was 

revealed that there was no employment 

decline at the subject facility during the 

relevant period. 

Should conditions change in the 

future, the petitioner is encouraged to 

file a new petition on behalf of the 

worker group which will encompass an 

investigative period that will include 

these changing conditions. 

The petitioner did not supply facts 

not previously considered; nor provide 

additional documentation indicating 

that there was either (1) A mistake in 

the determination of facts not 

previously considered or (2) a 

misinterpretation of facts or of the law 

justifying reconsideration of the initial 

determination. 

After careful review of the request for 

reconsideration, the Department 

determines that 29 CFR 90.18(c) has not 

been met. 

Conclusion 

After review of the application and 

investigative findings, I conclude that 

there has been no error or 

misinterpretation of the law or of the 

facts which would justify 

reconsideration of the Department of 

Labor’s prior decision. Accordingly, the 

application is denied. 

Signed in Washington, DC, this 6th day of 

October, 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–25152 Filed 10–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0192; Docket No. 50–244; 

Renewed License No. DPR–18] 

In the Matter of EDF Development, Inc., 

Constellation Energy Nuclear Group, 

LLC; R.E. Ginna Nuclear Power Plant, 

LLC (R.E. Ginna Nuclear Power Plant); 

Order Approving Application 

Regarding Proposed Corporate 

Restructuring 

I 

R.E. Ginna Nuclear Power Plant, LLC 

(Ginna, LLC or the licensee) is the 

holder of Renewed Facility Operating 

License No. DPR–18 which authorizes 

the possession, use, and operation of the 

R.E. Ginna Nuclear Power Plant (Ginna). 

The facility is located at the licensee’s 


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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 53769 

site in Ontario, New York. The 

operating license authorizes the licensee 

to possess, use, and operate Ginna. 

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 

Ginna. The action is 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 Ginna, LLC and Nine Mile 

Point Nuclear Station, 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 Ginna, LLC, Nine Mile Point 

Nuclear Station, 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 21013). 

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 

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, 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. 

(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 


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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. 


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