Calvert Cliffs Nuclear Power Plant, LLC; Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2; Calvert Cliffs Independent Spent Fuel Storage Installation; Notice of Consideration of Approval of Application Regarding Proposed Corporate Merger and Opportunity for a Hearing, 39908-39910 [2011-17011]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES 39908 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices and regulatory determinations concerning material control and accounting of special nuclear material and to satisfy obligations of the United States to the International Atomic Energy Agency. Submission or retention of the information is mandatory for persons subject to the requirements. Submit, by September 6, 2011, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC’s Public Document Room, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. OMB clearance requests are available at the NRC Web site: http://www.nrc.gov/ public-involve/doc-comment/omb/ index.html. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. 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. Comments submitted should reference Docket No. NRC–2011–0140. You may submit your comments by any of the following methods: Electronic comments: Go to http://www.regulations.gov and search for Docket No. NRC–2011–0140. Mail comments to NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by telephone at 301– 415–6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV. Dated at Rockville, Maryland, this 1st day of July, 2011. VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. 2011–17057 Filed 7–6–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–317 and 50–318; Docket No. 72–8] Calvert Cliffs Nuclear Power Plant, LLC; Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2; Calvert Cliffs Independent Spent Fuel Storage Installation; Notice of Consideration of Approval of Application Regarding Proposed 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–2011–0004 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 http:// 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 http://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0004. Address questions 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. DATES: PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 • 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 http://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: Douglas Pickett, 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: 301–415–1364; e-mail: Douglas.Pickett@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 and 10 CFR 72.50 approving the indirect transfer of Renewed Facility Operating Licenses, Nos. DPR–53 and DPR–69, for the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 (CCNPP), respectively, and Material License No. SNM–2505 for the Calvert Cliffs Independent Spent Fuel Storage Installation (ISFSI), currently held by Calvert Cliffs Nuclear Power Plant, LLC as owner and licensed operator. Calvert Cliffs Nuclear Power Plant, LLC is owned by Constellation Energy Nuclear Group, LLC (CENG). The indirect transfers 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 E:\FR\FM\07JYN1.SGM 07JYN1 sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices 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, Calvert Cliffs Nuclear Power Plant, LLC, the applicants seek approval pursuant to 10 CFR 50.80 and 10 CFR 72.50 of the indirect transfer of control of the following NRC licenses: (1) CCNPP, Renewed Facility Operating Licenses DPR–53 and DPR–69; and (2) Calvert Cliffs Independent Spent Fuel Storage Installation Facility (ISFSI), Materials License No. SNM–2505. 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 whollyowned 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 CCNPP and the ISFSI; • 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, CCNPP, and the ISFSI will remain unchanged. No physical changes to the CCNPP facility or the ISFSI, 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 VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 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 http:// 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 participant should contact the Office of PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 39909 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 http:// 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 http://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 http://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 http://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 Time on the due date. Upon receipt of a transmission, the E-Filing system E:\FR\FM\07JYN1.SGM 07JYN1 sroberts on DSK5SPTVN1PROD with NOTICES 39910 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices 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 http:// 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. VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at: http:// 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 http://www.nrc.gov/reading-rm/ PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 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 http:// 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 http://www.regulations.gov and search for documents filed under Docket ID NRC–2009–0193. Address questions DATES: E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39908-39910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17011]



-----------------------------------------------------------------------



NUCLEAR REGULATORY COMMISSION



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




Calvert Cliffs Nuclear Power Plant, LLC; Calvert Cliffs Nuclear 

Power Plant, Unit Nos. 1 and 2; Calvert Cliffs Independent Spent Fuel 

Storage Installation; Notice of Consideration of Approval of 

Application Regarding Proposed 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-2011-0004 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 http://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 http://www.regulations.gov and search for documents filed under Docket ID NRC-

2011-0004. Address questions 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 http://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: Douglas Pickett, 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: 301-415-1364; 

e-mail: Douglas.Pickett@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 and 10 CFR 72.50 approving the 

indirect transfer of Renewed Facility Operating Licenses, Nos. DPR-53 

and DPR-69, for the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 

2 (CCNPP), respectively, and Material License No. SNM-2505 for the 

Calvert Cliffs Independent Spent Fuel Storage Installation (ISFSI), 

currently held by Calvert Cliffs Nuclear Power Plant, LLC as owner and 

licensed operator. Calvert Cliffs Nuclear Power Plant, LLC is owned by 

Constellation Energy Nuclear Group, LLC (CENG). The indirect transfers 

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



[[Page 39909]]



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, Calvert Cliffs Nuclear 

Power Plant, LLC, the applicants seek approval pursuant to 10 CFR 50.80 

and 10 CFR 72.50 of the indirect transfer of control of the following 

NRC licenses: (1) CCNPP, Renewed Facility Operating Licenses DPR-53 and 

DPR-69; and (2) Calvert Cliffs Independent Spent Fuel Storage 

Installation Facility (ISFSI), Materials License No. SNM-2505.

    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 CCNPP and the ISFSI;

     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, CCNPP, and the ISFSI will 

remain unchanged.

    No physical changes to the CCNPP facility or the ISFSI, 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 http://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 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 http://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 

http://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 http://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 http://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



[[Page 39910]]



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 http://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: 

http://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 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 http://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.

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