Exelon Generation Company, LLC, Braidwood Station, Units 1 and 2; Notice of Consideration of Approval of an Application for Indirect License Transfer Resulting From the Proposed Merger Between Exelon Corporation and NRG Energy, Inc. and Opportunity for a Hearing, 32975-32976 [E9-16244]
Download as PDF
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
Dated at Rockville, Maryland, this 30th day
of June 2009.
For the Nuclear Regulatory Commission.
John D. Hughey,
Project Manager, Plant Licensing Branch
I–2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E9–16247 Filed 7–8–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–456 AND 50–457; NRC–
2009–0289]
rmajette on DSK29S0YB1 with NOTICES
Exelon Generation Company, LLC,
Braidwood Station, Units 1 and 2;
Notice of Consideration of Approval of
an Application for Indirect License
Transfer Resulting From the Proposed
Merger Between Exelon Corporation
and NRG Energy, Inc. and Opportunity
for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering the issuance of an order
under Title 10 of the Code of Federal
Regulations (10 CFR), Section 50.80
approving the indirect transfer of
Facility Operating Licenses, which are
numbered NPF–72 and NPF–77 for
Braidwood Station, Units 1 and 2
(Braidwood), including the independent
spent fuel storage installation, currently
held by Exelon Generation Company,
LLC (EGC), as owner and licensed
operator of Braidwood. EGC is a whollyowned subsidiary of Exelon Corporation
(Exelon).
According to an application for
approval filed by Exelon, acting on
behalf of itself, Exelon Xchange
Corporation, Exelon Ventures Company,
LLC, and EGC (together, the applicants),
Exelon is considering a merger with
NRG Energy Inc. (NRG Energy), with
NRG Energy as the surviving entity.
Exelon is the ultimate parent company
of EGC and Exelon’s proposed merger
with NRG Energy would result in NRG
Energy becoming the ultimate parent
company of EGC and thus result in the
indirect transfer of control of the
Braidwood licenses to NRG Energy. The
applicants request that the NRC consent
to this indirect transfer of control of the
Braidwood licenses.
No physical changes to the Braidwood
facility or operational changes are being
proposed 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
licenses, unless the Commission shall
give its consent in writing. The
Commission will approve an
VerDate Nov<24>2008
15:49 Jul 08, 2009
Jkt 217001
application for the indirect transfer of a
license, if the Commission determines
that the proposed transaction effecting
the indirect transfer (here, the proposed
merger) 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 this
instance, Exelon asserts that the
proposed indirect transfer will not
result in any change in the licensee’s
financial qualifications or operating
organization.
The Commission is reviewing the
application and has not made any
decision regarding the outcome of its
review.
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 all adjudicatory 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.
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
32975
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
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 NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/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/applycertificates.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/esubmittals.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
E:\FR\FM\09JYN1.SGM
09JYN1
rmajette on DSK29S0YB1 with NOTICES
32976
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
electronic filing Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
toll-free help line number is 1–866–
672–7640. A person filing electronically
may also seek assistance by sending an
e-mail to the NRC electronic filing Help
Desk at MSHD.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, unless an NRC regulation
or other law requires submission of such
information. 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
VerDate Nov<24>2008
15:49 Jul 08, 2009
Jkt 217001
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 HEARING.DOCKET@nrc.gov.
For further details with respect to this
license transfer application, see the
application dated January 29, 2009, as
supplemented by letter dated March 18,
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 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, or 301–415–4737 or by e-mail
to pdr@nrc.gov.
Attorney for licensee: Mr. Bradley J.
Fewell, Associate General Counsel,
Exelon Nuclear, 4300 Winfield Road,
Warrenville, IL 60555.
Dated at Rockville, Maryland, this 1st day
of July 2009.
For the Nuclear Regulatory Commission.
Marshall J. David,
Senior Project Manager, Plant Licensing
Branch III–2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–16244 Filed 7–8–09; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–461; NRC–2009–0293]
Exelon Generation Company, LLC;
Clinton Power Station, Unit No. 1;
Notice of Consideration of Approval of
an Application for Indirect License
Transfer Resulting From the Proposed
Merger Between Exelon Corporation
and NRG Energy, Inc. and Opportunity
for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering the issuance of an order
under Title 10 of the Code of Federal
Regulations (10 CFR), Section 50.80,
approving the indirect transfer of the
Facility Operating License, which is
numbered NPF–62, for the Clinton
Power Station, Unit No. 1 (CPS),
currently held by Exelon Generation
Company, LLC (EGC), as owner and
licensed operator of CPS. EGC is a
wholly owned subsidiary of Exelon
Corporation (Exelon).
According to an application for
approval filed by Exelon, acting on
behalf of itself, Exelon Xchange
Corporation, Exelon Ventures Company,
LLC, and EGC (together, the applicants),
Exelon is considering a merger with
NRG Energy Inc. (NRG Energy), with
NRG Energy as the surviving entity.
Exelon is the ultimate parent company
of EGC and Exelon’s proposed merger
with NRG Energy would result in NRG
Energy becoming the ultimate parent
company of EGC and thus result in the
indirect transfer of control of the CPS
license to NRG Energy. The applicants
request that the NRC consent to this
indirect transfer of control of the CPS
license.
No physical changes to the CPS
facility or operational changes are being
proposed 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
licenses, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed transaction effecting
the indirect transfer (here, the proposed
merger) 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 this
instance, Exelon asserts that the
proposed indirect transfer will not
result in any change in the licensee’s
E:\FR\FM\09JYN1.SGM
09JYN1
Agencies
[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 32975-32976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16244]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-456 AND 50-457; NRC-2009-0289]
Exelon Generation Company, LLC, Braidwood Station, Units 1 and 2;
Notice of Consideration of Approval of an Application for Indirect
License Transfer Resulting From the Proposed Merger Between Exelon
Corporation and NRG Energy, Inc. and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under Title 10 of the Code of
Federal Regulations (10 CFR), Section 50.80 approving the indirect
transfer of Facility Operating Licenses, which are numbered NPF-72 and
NPF-77 for Braidwood Station, Units 1 and 2 (Braidwood), including the
independent spent fuel storage installation, currently held by Exelon
Generation Company, LLC (EGC), as owner and licensed operator of
Braidwood. EGC is a wholly-owned subsidiary of Exelon Corporation
(Exelon).
According to an application for approval filed by Exelon, acting on
behalf of itself, Exelon Xchange Corporation, Exelon Ventures Company,
LLC, and EGC (together, the applicants), Exelon is considering a merger
with NRG Energy Inc. (NRG Energy), with NRG Energy as the surviving
entity. Exelon is the ultimate parent company of EGC and Exelon's
proposed merger with NRG Energy would result in NRG Energy becoming the
ultimate parent company of EGC and thus result in the indirect transfer
of control of the Braidwood licenses to NRG Energy. The applicants
request that the NRC consent to this indirect transfer of control of
the Braidwood licenses.
No physical changes to the Braidwood facility or operational
changes are being proposed 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 licenses, unless the Commission shall give its consent
in writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
transaction effecting the indirect transfer (here, the proposed merger)
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 this instance, Exelon asserts that the proposed
indirect transfer will not result in any change in the licensee's
financial qualifications or operating organization.
The Commission is reviewing the application and has not made any
decision regarding the outcome of its review.
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 all adjudicatory 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 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 ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM 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
[[Page 32976]]
Us'' link located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing Help Desk,
which is available between 8 a.m. and 8 p.m., Eastern Time, Monday
through Friday, excluding government holidays. The toll-free help line
number is 1-866-672-7640. A person filing electronically may also seek
assistance by sending an e-mail to the NRC electronic filing Help Desk
at MSHD.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, unless an NRC regulation or
other law requires submission of such information. 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 HEARING.DOCKET@nrc.gov.
For further details with respect to this license transfer
application, see the application dated January 29, 2009, as
supplemented by letter dated March 18, 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 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, or 301-415-4737 or by
e-mail to pdr@nrc.gov.
Attorney for licensee: Mr. Bradley J. Fewell, Associate General
Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
Dated at Rockville, Maryland, this 1st day of July 2009.
For the Nuclear Regulatory Commission.
Marshall J. David,
Senior Project Manager, Plant Licensing Branch III-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-16244 Filed 7-8-09; 8:45 am]
BILLING CODE 7590-01-P