Calvert Cliffs Nuclear Power Plant, Inc., Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2; Calvert Cliffs Independent Spent Fuel Storage Installation; Notice of Consideration of Approval of Application Regarding Proposed Restructuring and of Direct Transfer of Licenses Pursuant to 10 CFR 50.80 and 10 CFR 72.50, and of Approval of Conforming License Amendments Pursuant to 10 CFR 50.90 and 10 CFR 72.56 and Opportunity for a Hearing, 21413-21414 [E9-10637]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Pages 21413-21414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10637]



[[Page 21413]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317 and 50-318; Docket No. 72-8; NRC-2009-0194]


Calvert Cliffs Nuclear Power Plant, Inc., Calvert Cliffs Nuclear 
Power Plant, Unit Nos. 1 and 2; Calvert Cliffs Independent Spent Fuel 
Storage Installation; Notice of Consideration of Approval of 
Application Regarding Proposed Restructuring and of Direct Transfer of 
Licenses Pursuant to 10 CFR 50.80 and 10 CFR 72.50, and of Approval of 
Conforming License Amendments Pursuant to 10 CFR 50.90 and 10 CFR 72.56 
and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) is 
considering the issuance of an Order under 10 CFR 50.80 and 10 CFR 
72.50 approving the indirect transfer as well as the direct transfer of 
the Renewed Facility Operating Licenses, Nos. DPR-53 and DPR-69, for 
the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, 
respectively, and Material License No. SNM-2505 for the Calvert Cliffs 
Independent Spent Fuel Storage Installation (ISFSI), currently held by 
Calvert Cliffs Nuclear Power Plant, Inc. (CCNPPI) as owner and licensed 
operator. CCNPPI is owned by Constellation Energy Nuclear Group, LLC 
(CENG). CENG is a wholly-owned subsidiary of Constellation Energy 
Group, Inc. (CEG).
    According to an application dated January 22, 2009, filed by CENG, 
on behalf of CCNPPI, and EDF Development, Inc. (EDF Development), as 
supplemented by letters dated February 26 and April 8, 2009, the 
applicants seek approval pursuant to 10 CFR 50.80 and 10 CFR 72.56 of 
the indirect transfer of control of the subject licenses held by CCNPPI 
to the extent such would result from 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. 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 
[Eacute]lectricit[eacute] de France S.A., a French limited company. 
Furthermore, the application seeks approval of the proposed direct 
transfer of licenses held by CCNPPI to a new legal entity, Calvert 
Cliffs Nuclear Power Plant, LLC, and approval of conforming license 
amendments.
    Following the proposed transaction, CEG will hold a 50.01% 
ownership interest in CENG through two new intermediate parent 
companies which will be formed for non-operational purposes. In 
addition, an intermediate holding company will exist between CENG and 
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 Calvert Cliffs Nuclear Power 
Plants, Inc. in the license with references to Calvert Cliffs Nuclear 
Power Plant, LLC, to reflect the proposed direct transfer of the 
licenses.
    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. The Commission will approve an application for the direct 
transfer of a license, if the Commission determines that the proposed 
transferee is qualified to hold the license, and that the transfer is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto. The Commission 
will approve an application for the indirect transfer of a license, if 
the Commission determines that the proposed underlying transaction, 
i.e., the proposed corporate restructuring, will not affect the 
qualifications of the licensee to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and Orders issued by the Commission pursuant thereto.
    In connection with the direct license transfers, before issuance of 
the proposed conforming license amendment, the Commission will have 
made findings required by the Atomic Energy Act of 1954, as amended 
(the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
or to the license of an Independent Spent Fuel Storage Installation 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration and no genuine 
issue as to whether the health and safety of the public will be 
significantly affected. No contrary determination has been made with 
respect to this specific license amendment application. In light of the 
generic determination reflected in 10 CFR 2.1315, no public comments 
with respect to significant hazards considerations are being solicited, 
notwithstanding the general comment procedures contained in 10 CFR 
50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    Within 20 days from the date of publication of this notice, any 
person(s) whose interest may be affected by the Commission's action on 
the application may request a hearing and intervention through the NRC 
E-filing system. Requests for a hearing and petitions for leave to 
intervene should be filed in accordance with the Commission's rules of 
practice set forth in Subpart C ``Rules of General Applicability: 
Hearing Requests, Petitions to Intervene, Availability of Documents, 
Selection of Specific Hearing Procedures, Presiding Officer Powers, and 
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR 
Part 2. In particular, such requests and petitions must comply with the 
requirements set forth in 10 CFR 2.309. Untimely requests and petitions 
may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for 
failure to file on time is established. In addition, an untimely 
request or petition should address the factors that the Commission will 
also consider, in reviewing untimely requests or petitions, set forth 
in 10 CFR 2.309(c)(1)(i)-(viii).
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated in August 2007 (72 FR 49139). The E-Filing process requires 
participants to submit and serve documents over the Internet, or in 
some cases to mail copies on electronic storage media. Participants may 
not submit paper copies of their filings unless they seek an exemption 
in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the petitioner/requestor 
should contact the Office of the Secretary by e-mail at 
HEARING.DOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a 
digital ID certificate, which allows the

[[Page 21414]]

participant (or its counsel or representative) to digitally sign 
documents and access the E-Submittal server for any proceeding in which 
it is participating; and/or (2) creation of an electronic docket for 
the proceeding (even in instances in which the petitioner/requestor (or 
its counsel or representative) already holds an NRC-issued digital ID 
certificate). Each petitioner/requestor will need to download the 
Workplace Forms Viewer\TM\ to access the Electronic Information 
Exchange (EIE), a component of the E-Filing system. The Workplace Forms 
Viewer\TM\ is free and is available at https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a 
digital ID certificate is available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. Once a 
petitioner/requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
request for hearing or petition for leave to intervene. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the filer submits its documents through EIE. To be timely, an 
electronic filing must be submitted to the EIE system no later than 
11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail notice that provides access to 
the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 8 p.m., Eastern Time, Monday 
through Friday, excluding government holidays. The electronic filing 
Help Desk can be contacted by telephone at 1-866-672-7640 or by e-mail 
at MHSD.Resource@nrc.gov.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
participants are requested not to include copyrighted materials in 
their submissions.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments are not 
subject to the E-filing rule and should be submitted to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff, and should cite the 
publication date and page number of this Federal Register notice. 
Comments may also be sent by e-mail to HEARINGDOCKET@NRC.GOV.
    For further details with respect to this license transfer 
application, see the application dated January 22, 2009, available for 
public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agency wide 
Documents Access and Management System's (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, or 
301-415-4737 or by e-mail to pdr.resource@nrc.gov.
    Attorneys for applicants: Daniel F. Stenger, Hogan & Hartson LLP, 
555 Thirteenth Street, NW., Washington, DC 20004, tel: 202.637.5691, e-
mail: DFStenger@hhlaw.com (counsel for CENG); and John E. Matthews, 
Morgan, Lewis, & Bockius, 1111 Pennsylvania Ave., NW., Washington, DC 
20004, tel. 202.739.5524, e-mail: jmatthews@morganlewis.com (counsel 
for EDF Development).

    Dated at Rockville, Maryland, this 28th day of April 2009.

    For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E9-10637 Filed 5-6-09; 8:45 am]
BILLING CODE 7590-01-P