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, 53768-53770 [E9-25167]

Download as PDF 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] cprice-sewell on DSKGBLS3C1PROD with NOTICES 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 VerDate Nov<24>2008 14:46 Oct 19, 2009 Jkt 220001 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 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices site in Ontario, New York. The operating license authorizes the licensee to possess, use, and operate Ginna. cprice-sewell on DSKGBLS3C1PROD with NOTICES 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 Electricite 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 VerDate Nov<24>2008 14:46 Oct 19, 2009 Jkt 220001 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 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 53769 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 E:\FR\FM\20OCN1.SGM 20OCN1 cprice-sewell on DSKGBLS3C1PROD with NOTICES 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 VerDate Nov<24>2008 14:46 Oct 19, 2009 Jkt 220001 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, 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 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, PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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 ´ ´ Electricite 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. E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Pages 53768-53770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25167]


=======================================================================
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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

[[Page 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 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.
    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

[[Page 53770]]

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, 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 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
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