In the Matter of Nine Mile Point Nuclear Station, LLC (Nine Mile Point Nuclear Station, Units Nos. 1 and 2); Order Approving Application Regarding Proposed Corporate Merger, 45584 [E6-12923]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Notices]
[Page 45584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12923]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-220 and 50-410; License Nos. DPR-63 and NPF-69]


 In the Matter of Nine Mile Point Nuclear Station, LLC (Nine Mile 
Point Nuclear Station, Units Nos. 1 and 2); Order Approving Application 
Regarding Proposed Corporate Merger

I.

    Nine Mile Point Nuclear Station, LLC (NMP LLC or the licensee) 
holds Facility Operating License No. DPR-63 and co-holds Facility 
Operating License No. NPF-69, which authorize the possession, use, and 
operation of the Nine Mile Point Nuclear Station (the facility or NMP). 
NMP LLC is licensed by the U.S. Nuclear Regulatory Commission (NRC or 
Commission) to operate NMP. The facility is located at the licensee's 
site in Oswego County, New York.

II.

    By application dated January 23, 2006, as supplemented by letters 
dated April 25 and May 25, 2006 (collectively referred to herein as the 
application), Constellation Generation Group, LLC (CGG LLC), acting on 
behalf of NMP LLC, requested that the NRC, pursuant to 10 CFR 50.80, 
consent to the proposed indirect transfer of control of the licenses to 
the extent currently held by NMP LLC. Long Island Power Authority holds 
a 18-percent ownership interest in NMP Unit 2, but is not involved in 
this action.
    According to the application filed by CGG LLC, NMP Unit 1 is wholly 
owned by NMP LLC, and NMP Unit 2 is 82% owned by NMP LLC. NMP LLC is 
wholly owned by Constellation Nuclear Power Plants, Inc., which is 
wholly-owned by CGG LLC.
    As stated in the application, in connection with the merger of CGG 
LLC's parent company, Constellation Energy Group, Inc. (CEG, Inc.), and 
FPL Group, Inc. (FPL Group), FPL Group will become a wholly owned 
subsidiary of CEG, Inc. At the closing of the merger, the former 
shareholders of FPL Group will own approximately 60% of the outstanding 
stock of CEG, Inc., and the pre-merger shareholders of CEG, Inc., will 
own the remaining approximately 40%. In addition, the CEG, Inc., board 
of directors will be composed of fifteen members, nine of whom will be 
named by FPL Group, and six of whom will be named by the current CEG, 
Inc. NMP LLC will continue to own its current interests in and operate 
the facility and hold the licenses.
    Approval of the indirect transfer of the facility operating 
licenses was requested by CGG LLC pursuant to 10 CFR 50.80. Notice of 
the request for approval and an opportunity for a hearing was published 
in the Federal Register on February 22, 2006 (71 FR 9175). Comments and 
a petition to intervene were received from the Maryland Office of the 
People's Counsel. However, the petition to intervene was dismissed by 
the Secretary of the Commission by order dated March 17, 2006.
    Under 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 by CGG LLC and other 
information before the Commission, the NRC staff concludes that the 
proposed merger and resulting indirect transfer of control of the 
licenses will not affect the qualifications of NMP LLC as holder of the 
NMP licenses, and that the indirect transfer of control of the licenses 
as held by NMP LLC, is otherwise consistent with the applicable 
provisions of law, regulations, and orders issued by the Commission 
pursuant thereto.
    The findings set forth above are supported by a safety evaluation 
dated August 3, 2006.

III.

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 2201(i), 
and 2234; and 10 CFR 50.80, it is hereby ordered that the application 
regarding the proposed merger and indirect license transfers is 
approved, subject to the following condition:

    Should the proposed merger not be completed within one year from 
the date of issuance, this Order shall become null and void, 
provided, however, upon written application and good cause shown, 
such date may in writing be extended.

    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated January 23, 2006, as supplemented by letter dated 
April 25 and May 25, 2006, and the safety evaluation dated August 3, 
2006, 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, 
Maryland and accessible electronically from the Agencywide Documents 
Access and Management System (ADAMS) Public Electronic Reading Room on 
the Internet at the NRC Web site, https://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, 301-415-
4737, or by e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland this 3rd day of August 2006.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. E6-12923 Filed 8-8-06; 8:45 am]
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