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]
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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
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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
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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
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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
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