Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of Application Regarding Proposed Corporate Merger and Opportunity for a Hearing, 39910-39913 [2011-17010]
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time-stamps the document and sends
the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email 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 using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
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. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
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Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at: https://
ehd1.nrc.gov/EHD/, unless excluded
pursuant to an order of the Commission,
or the 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
submission.
Petitions for leave to intervene must
be filed no later than 20 days from the
date of publication of this notice. Nontimely filings will not be entertained
absent a determination by the presiding
officer that the petition or request
should be granted or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(I)–(viii).
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
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.
For further details with respect to this
license transfer application, see the
application dated My 12, 2011, 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), and
Rockville, Maryland. Publicly available
documents created or received at the
NRC are accessible electronically
through ADAMS in the NRC Library at
https://www.nrc.gov/reading-rm/
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adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737 or
by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 28th day
of June 2011.
For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–17011 Filed 7–6–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–220 and 50–410]
Nine Mile Point Nuclear Station, LLC;
Nine Mile Point Nuclear Station, Unit
Nos. 1 and 2; Notice of Consideration
of Approval of Application Regarding
Proposed Corporate Merger and
Opportunity for a Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of request for license
transfer, opportunity to comment,
opportunity to request a hearing.
AGENCY:
Comments must be filed by
August 8, 2011. A request for a hearing
must be filed by July 27, 2011.
ADDRESSES: Please include Docket ID
NRC–2009–0193 in the subject line of
your comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
You may submit comments by any
one of the following methods.
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0193. Address questions
DATES:
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about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
• Mail comments to: Chief, Rules,
Announcements, and Directives Branch
(RADB), Office of Administration, Mail
Stop: TWB–05–B01M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
• Fax comments to: RADB at 301–
492–3446.
You can access publicly available
documents related to this notice using
the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The application
dated May 12, 2011, contains
proprietary information and,
accordingly, those portions are being
withheld from public disclosure. A
redacted version of the application is
available electronically under ADAMS
Accession No. ML11138A159.
FOR FURTHER INFORMATION CONTACT:
Richard Guzman, Senior Project
Manager, Plant Licensing Branch I–1,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
301–415–1030; e-mail:
Richard.Guzman@nrc.gov
The U.S. Nuclear Regulatory
Commission (NRC, the Commission) is
considering the issuance of an Order
under Title 10 of the Code of Federal
Regulations (10 CFR) 50.80 approving
the indirect transfer of Renewed Facility
Operating License Nos. DPR–63 and
NPF–69 for the Nine Mile Point Nuclear
Station, Unit Nos. 1 and 2 (NMP),
respectively, currently held by Nine
Mile Point Nuclear Station, LLC as
owner and licensed operator. Nine Mile
Point Nuclear Station, LLC is owned by
Constellation Energy Nuclear Group,
LLC (CENG). The indirect transfer of
control would result from the proposed
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merger between Exelon Corporation
(Exelon) and one of CENG’s parent
companies, Constellation Energy Group,
Inc (CEG).
According to the application dated
May 12, 2011, filed by Exelon
Generation Company, LLC (Exelon
Generation) acting on behalf of itself,
Exelon, and Exelon Ventures Company,
LLC (Exelon Ventures) and CENG acting
on behalf of its subsidiary licensee, Nine
Mile Point Nuclear Station, LLC, the
applicants seek approval pursuant to 10
CFR 50.80 of the indirect transfer of
control of the NMP Renewed Facility
Operating License Nos. DPR–63 and
NPF–69.
CEG is one of two parent companies
of CENG. CEG, through its subsidiaries,
has a 50.01 percent ownership interest
in CENG. EDF Inc. has the remaining
49.99 percent ownership interest in
CENG.
According to the application:
• EDF Inc.’s 49.99 percent ownership
interest in CENG is not affected by the
corporate merger of Exelon and CEG.
EDF Inc. is a U.S. corporation organized
under the laws of the State of Delaware
and a wholly-owned subsidiary of
E.D.F. International SAS, a limited
company organized under the laws of
France, which is, in turn, a wholly´
owned subsidiary of Electricite de
France SA, a French limited company;
• The existing chain of ownership for
Exelon Generation’s current licensed
facilities is unaffected by the proposed
transaction and associated license
transfers for NMP;
• The proposed transaction does not
result in any transfer of control with
respect to the licenses for the current
Exelon Generation plants;
• Upon completion of the transaction,
CEG will become a direct, whollyowned subsidiary of Exelon Generation;
and
• Throughout the transaction, the
direct ownership by CEG of 100 percent
of Constellation Nuclear, LLC and,
indirectly, the ownership by CEG of
50.01 percent in CENG and CENG’s
ownership of Constellation Nuclear
Power Plants, LLC and NMP will remain
unchanged.
No physical changes to the NMP
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
license, 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 corporate merger will
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39911
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.
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, any person(s)
whose interest may be affected by the
Commission’s action on the application
may request a hearing and intervention
via electronic submission 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). NRC regulations are
accessible electronically from the NRC
Library on the NRC Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
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
(72 FR 49139, August 28, 2007). The EFiling 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
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participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
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. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through EIE, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant 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 documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
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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
E-Filing system also distributes an email 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 using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
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. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
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reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at: https://
ehd1.nrc.gov/EHD/, unless excluded
pursuant to an order of the Commission,
or the 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
submission.
Petitions for leave to intervene must
be filed no later than 20 days from the
date of publication of this notice. Nontimely filings will not be entertained
absent a determination by the presiding
officer that the petition or request
should be granted or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
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
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.
For further details with respect to this
license transfer application, see the
application dated May 12, 2011,
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 documents
created or received at the NRC are
accessible electronically through
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ADAMS in the NRC Library at https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209, or 301–415–4737 or by e-mail
to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 28th day
of June 2011.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–17010 Filed 7–6–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–413 and 50–414; Docket
Nos. 50–369 and 50–370; Docket Nos. 50–
269, 50–270, and 50–287; NRC–2011–0100]
Duke Energy Carolinas, LLC; Catawba
Nuclear Station, Units 1 and 2;
McGuire Nuclear Station, Units 1 and
2; Oconee Nuclear Station, Units 1, 2,
and 3; Notice of Consideration of
Issuance of Amendment to Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing and Order Imposing
Procedures for Document Access to
Sensitive Unclassified Non-Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: Notice of license amendment
request, opportunity to comment,
opportunity to request a hearing, and
Commission order.
AGENCY:
Submit comments by August 8,
2011. A request for a hearing must be
filed by September 6, 2011. Any
potential party as defined in 10 CFR 2.4
who believes access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI) is necessary to
respond to this notice must request
document access by July 18, 2011.
ADDRESSES: Please include Docket ID
NRC–2011–0100 in the subject line of
your comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site, https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
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you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed. You may submit
comments by any one of the following
methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2011–0100. Address questions
about NRC dockets to Carol Gallagher,
telephone: 301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at 301–
492–3446.
You can access publicly available
documents related to this notice using
the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The application
for amendment, dated August 16, 2010,
contains security-related information
and accordingly, those portions are
being withheld from public disclosure.
A redacted version of the application for
amendment is available electronically
under ADAMS Accession Number
ML102300168. The supplement to the
application dated April 15, 2011, also
contains security-related information. A
redacted version of the supplement is
available electronically under ADAMS
Accession Number ML11109A074.
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39913
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this notice can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2011–
0100.
Mr.
John Stang, Project Manager, Plant
Licensing Branch 2–1, Division of
Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
301–415–1345; fax number: 301–415–
1222; e-mail: John.Stang@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering issuance of amendments
to Renewed Facility Operating License
Nos. NPF–35 and NPF–52 for the
operation of the Catawba Nuclear
Station, Units 1 and 2 in York County,
South Carolina; Renewed Facility
Operating License Nos. NPF–9 and
NPF–17 for the operation of the
McGuire Nuclear Station, Units 1 and 2,
in Mecklenburg County, North Carolina;
and Renewed Facility Operating
Licenses Nos. DPR–38, DPR–47, and
DPR–55 for operation of the Oconee
Nuclear Station, Units 1, 2, and 3 issued
to Duke Energy Carolinas, LLC (the
licensee), located in Oconee County,
South Carolina.
The proposed amendments would
approve the Cyber Security Plan and
proposed implementation schedule.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code of Federal Regulations (10
CFR) 50.92, this means that operation of
the facility in accordance with the
proposed amendment would not (1)
Involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
(1) Does the proposed amendment involve
a significant increase in the probability or
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39910-39913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17010]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 and 50-410]
Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear
Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of
Application Regarding Proposed Corporate Merger and Opportunity for a
Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of request for license transfer, opportunity to comment,
opportunity to request a hearing.
-----------------------------------------------------------------------
DATES: Comments must be filed by August 8, 2011. A request for a
hearing must be filed by July 27, 2011.
ADDRESSES: Please include Docket ID NRC-2009-0193 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site https://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
You may submit comments by any one of the following methods.
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2009-0193. Address questions
[[Page 39911]]
about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Chief, Rules, Announcements, and
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the NRC's public documents. If
you do not have access to ADAMS or if there are problems in accessing
the documents located in ADAMS, contact the NRC's PDR reference staff
at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
The application dated May 12, 2011, contains proprietary information
and, accordingly, those portions are being withheld from public
disclosure. A redacted version of the application is available
electronically under ADAMS Accession No. ML11138A159.
FOR FURTHER INFORMATION CONTACT: Richard Guzman, Senior Project
Manager, Plant Licensing Branch I-1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington, DC 20555. Telephone: 301-415-1030;
e-mail: Richard.Guzman@nrc.gov
The U.S. Nuclear Regulatory Commission (NRC, the Commission) is
considering the issuance of an Order under Title 10 of the Code of
Federal Regulations (10 CFR) 50.80 approving the indirect transfer of
Renewed Facility Operating License Nos. DPR-63 and NPF-69 for the Nine
Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP), respectively,
currently held by Nine Mile Point Nuclear Station, LLC as owner and
licensed operator. Nine Mile Point Nuclear Station, LLC is owned by
Constellation Energy Nuclear Group, LLC (CENG). The indirect transfer
of control would result from the proposed merger between Exelon
Corporation (Exelon) and one of CENG's parent companies, Constellation
Energy Group, Inc (CEG).
According to the application dated May 12, 2011, filed by Exelon
Generation Company, LLC (Exelon Generation) acting on behalf of itself,
Exelon, and Exelon Ventures Company, LLC (Exelon Ventures) and CENG
acting on behalf of its subsidiary licensee, Nine Mile Point Nuclear
Station, LLC, the applicants seek approval pursuant to 10 CFR 50.80 of
the indirect transfer of control of the NMP Renewed Facility Operating
License Nos. DPR-63 and NPF-69.
CEG is one of two parent companies of CENG. CEG, through its
subsidiaries, has a 50.01 percent ownership interest in CENG. EDF Inc.
has the remaining 49.99 percent ownership interest in CENG.
According to the application:
EDF Inc.'s 49.99 percent ownership interest in CENG is not
affected by the corporate merger of Exelon and CEG. EDF Inc. is a U.S.
corporation organized under the laws of the State of Delaware and a
wholly-owned subsidiary of E.D.F. International SAS, a limited company
organized under the laws of France, which is, in turn, a wholly-owned
subsidiary of Electricit[eacute] de France SA, a French limited
company;
The existing chain of ownership for Exelon Generation's
current licensed facilities is unaffected by the proposed transaction
and associated license transfers for NMP;
The proposed transaction does not result in any transfer
of control with respect to the licenses for the current Exelon
Generation plants;
Upon completion of the transaction, CEG will become a
direct, wholly-owned subsidiary of Exelon Generation; and
Throughout the transaction, the direct ownership by CEG of
100 percent of Constellation Nuclear, LLC and, indirectly, the
ownership by CEG of 50.01 percent in CENG and CENG's ownership of
Constellation Nuclear Power Plants, LLC and NMP will remain unchanged.
No physical changes to the NMP 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 license, 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
corporate 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.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission 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). NRC regulations are accessible electronically
from the NRC Library on the NRC Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
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 (72 FR 49139,
August 28, 2007). 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
[[Page 39912]]
participant should contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at:
https://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the 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 submission.
Petitions for leave to intervene must be filed no later than 20
days from the date of publication of this notice. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(viii).
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 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.
For further details with respect to this license transfer
application, see the application dated May 12, 2011, 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
documents created or received at the NRC are accessible electronically
through
[[Page 39913]]
ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS should contact the NRC PDR
Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by
e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 28th day of June 2011.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-17010 Filed 7-6-11; 8:45 am]
BILLING CODE 7590-01-P