R.E. Ginna Nuclear Power Plant, LLC, R.E. Ginna Nuclear Power Plant, R.E. Ginna Independent Spent Fuel Storage Installation; Notice of Consideration of Approval of Application Regarding Proposed Corporate Merger, and Opportunity for a Hearing, 40403-40406 [2011-17164]

Download as PDF Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Notices Division, Kingwood, West Virginia (subject firm). The Department’s Notice of determination was published in the Federal Register on February 10, 2011 (76 FR 7584). Workers were engaged in the production of cast bronze memorial products. The initial investigation resulted in a negative determination based on the findings that, during the relevant period, the subject firm did not import articles like or directly competitive with those produced at the subject firm, or shift to/acquire from a foreign country the production of these articles. The Department’s survey of the subject firm’s major declining customers regarding their purchases of cast bronze memorial products (and like or directly competitive articles) in 2007, 2008, 2009, and during January through February 2010 revealed no imports. In the request for reconsideration, the petitioner alleged that, during the relevant time period, the subject firm had transferred equipment from the subject facility to Mexico and that the subject worker group was impacted by customer imports. During the reconsideration investigation, the Department requested the subject firm to submit a new Confidential Data Request form, collected new information to address the allegations, and obtained clarification of previously-submitted information. The Department also obtained additional U.S. aggregate import data of articles like or directly competitive with those produced by the subject worker group. Based on a careful review of information obtained during the initial and reconsideration investigations, the Department determines that imports of articles like or directly competitive with the cast bronze memorial products manufactured at the subject firm did not contribute importantly to worker group separations and to subject firm sales/ production declines. Therefore, the criteria set forth in Section 222(a) have not been met. mstockstill on DSK4VPTVN1PROD with NOTICES Conclusion After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Matthews International Corporation, Bronze Division, Kingwood, West Virginia. VerDate Mar<15>2010 17:52 Jul 07, 2011 Jkt 223001 Signed in Washington, DC, this 27th day of June, 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–17091 Filed 7–7–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–75,162] Pisgah Yarn and Dyeing Company Including On-Site Leased Workers From Manpower, Inc., Old Fort, NC; Notice of Revised Determination on Reconsideration On May 16, 2011, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Pisgah Yarn & Dyeing Company, Old Fort, North Carolina (subject firm) to apply for Trade Adjustment Assistance. The Department’s Notice was published in the Federal Register on May 25, 2011 (76 FR 30392). Workers are engaged in employment related to the production of cotton yarn. The worker group includes on-site leased workers from Manpower, Inc. During the reconsideration investigation, the Department received new information that revealed that there has been an acquisition from a foreign country by the workers’ firm of production of like or directly competitive articles. Criterion I has been met because a significant number or proportion of workers at the subject firm have become totally or partially separated or are threatened with such separation. Criterion II has been met because there has been an acquisition from a foreign country by the workers’ firm of production of articles that are like or directly competitive with those produced by the subject firm. Criterion III has been met because the acquisition of cotton yarn contributed importantly to the workers’ separation or threat of separation at the subject firm. Conclusion After careful review of the additional facts obtained on reconsideration, I determine that workers and former workers of the subject firm, who are engaged in employment related to the production of cotton yarn, meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 40403 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. 2273, I make the following certification: ’’All workers of Pisgah Yarn & Dyeing Company, including on-site leased workers from Manpower, Inc., Old Fort, North Carolina, who became totally or partially separated from employment on or after January 28, 2010, through two years from the date of this revised certification, 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 in Washington, DC, this 28th day of June, 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–17092 Filed 7–7–11; 8:45 am] BILLING CODE 4510–FN–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–244; Docket No. 72–67] R.E. Ginna Nuclear Power Plant, LLC, R.E. Ginna Nuclear Power Plant, R.E. Ginna 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 28, 2011. ADDRESSES: Please include Docket ID NRC–2009–0192 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 DATES: E:\FR\FM\08JYN1.SGM 08JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES 40404 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Notices 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–2009–0192. 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 approving the indirect transfer of Renewed Facility Operating License No. DPR–18, for the R.E. Ginna Nuclear Power Plant (Ginna), VerDate Mar<15>2010 17:52 Jul 07, 2011 Jkt 223001 currently held by R.E. Ginna Nuclear Power Plant, LLC as owner and licensed operator. R.E. Ginna Nuclear Power Plant, 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, R.E. Ginna Nuclear Power Plant, LLC, the applicants seek approval pursuant to 10 CFR 50.80 of the indirect transfer of control of the Ginna Renewed Facility Operating License No. DPR–18 and the Ginna Independent Spent Fuel Storage Installation Facility (ISFSI). 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 transfer for Ginna 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, Ginna, and the ISFSI, will remain unchanged. No physical changes to the Ginna 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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/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 E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic E:\FR\FM\08JYN1.SGM 08JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Notices 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 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 VerDate Mar<15>2010 17:52 Jul 07, 2011 Jkt 223001 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 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/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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 40405 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. 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 E:\FR\FM\08JYN1.SGM 08JYN1 40406 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Notices 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 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. 2011–17164 Filed 7–7–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION mstockstill on DSK4VPTVN1PROD with NOTICES Advisory Committee on Reactor Safeguards; Meeting of the ACRS Subcommittee on Plant Operations and Fire Protection; Revision to an ACRS Subcommittee Meeting Federal Register Notice The Federal Register Notice for the ACRS Subcommittee Meeting on Plant Operations and Fire Protection scheduled to be held on July 28, 2011, is being revised to notify the following: The Subcommittee will meet with Region II to discuss the construction inspection program, the reactor oversight program, and other items of mutual interest. If attending this meeting, please contact Ms. Denise Edwards (Telephone 404–997–4432) to be escorted to the meeting room. The notice of this meeting was previously published in the Federal Register on Wednesday, June 29, 2011 [75 FR 38212]. All other items remain the same as previously published. Further information regarding this meeting can be obtained by contacting Mrs. Ilka Berrios, Designated Federal Official (Telephone: 301–415–3179 or E-mail: Ilka.Berrios@nrc.gov) between 7:30 a.m. and 5:15 p.m. (ET). VerDate Mar<15>2010 17:52 Jul 07, 2011 Jkt 223001 Dated: July 1, 2011. Yoira Diaz-Sanabria, Senior Staff Engineer, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2011–17154 Filed 7–7–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2011–0147] Receipt of Request for Action Notice is hereby given that by petition dated March 12, 2011, Thomas Saporito (petitioner) has requested that the Nuclear Regulatory Commission (NRC) take action to order shutdown of all ‘‘nuclear power reactors in the USA [United States of America] which are known to be located on or near an earthquake fault-line.’’ As the basis for this request, the petitioner states that following an 8.9 magnitude earthquake on March 11, 2011, in Fukushima, Japan, one or more nuclear power reactors there sustained significant damage which resulted in the release of radioactive particles into the environment, and that the Japanese authorities ordered a ‘‘General Emergency Evacuation,’’ but many Japanese citizens were not able to timely leave the affected area and were subject to radioactive contamination at this time. The petitioner further stated that many of NRC’s licensees operate nuclear power reactors on or near earthquake fault lines and could, therefore, be subject to significant earthquake damage and loss-of-coolant accidents similar to that experienced by those in Japan for which an on-going state of emergency continued to unfold. The request is being treated pursuant to Title 10 of the Code of Federal Regulations Section 2.206 of the Commission’s regulations. The request has been referred to the Director of the Office of Nuclear Reactor Regulation (NRR). As provided by Section 2.206, appropriate action will be taken on this petition within a reasonable time. The NRR Petition Review Board (PRB) held two recorded teleconferences on April 14 and May 25, 2011, with the petitioner, during which the petitioner supplemented and clarified the petition. The results of those discussions were considered in the PRB’s determination regarding the petitioner’s request for immediate action and in establishing the schedule for the review of the petition. As a result, the PRB acknowledged the petitioner’s concern about the impact of a Fukushima-type earthquake and tsunami on U.S. nuclear PO 00000 Frm 00085 Fmt 4703 Sfmt 9990 plants, noting that this concern is consistent with the NRC’s mission of protecting public health and safety. Currently, the NRC’s monitoring of the events that unfolded at Fukushima has resulted in the Commission establishing a senior-level task force to conduct a methodical and systematic review to evaluate currently available technical and operational information from the Fukushima events. This will allow the NRC to determine whether it should take certain near-term operational or regulatory actions potentially affecting all 104 operating reactors in the United States. In as much as this task force charge encompasses the petitioner’s request, which has been interpreted by the PRB to be a determination if additional regulatory action is needed to protect public health and safety in the event of earthquake damage and loss-ofcoolant accidents similar to those experienced by the nuclear power reactors in Japan resulting in dire consequences, the NRC is accepting the petition in part, and as described in this paragraph. A copy of the petition, and the transcripts of the April 14 and May 25, 2011, teleconferences are available for 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 the Agencywide Documents Access and Management System (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. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 28th day of June, 2011. Eric J. Leeds, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2011–17163 Filed 7–7–11; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40403-40406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17164]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-244; Docket No. 72-67]


R.E. Ginna Nuclear Power Plant, LLC, R.E. Ginna Nuclear Power 
Plant, R.E. Ginna 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 28, 2011.

ADDRESSES: Please include Docket ID NRC-2009-0192 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

[[Page 40404]]

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-
2009-0192. 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 approving the indirect transfer of 
Renewed Facility Operating License No. DPR-18, for the R.E. Ginna 
Nuclear Power Plant (Ginna), currently held by R.E. Ginna Nuclear Power 
Plant, LLC as owner and licensed operator. R.E. Ginna Nuclear Power 
Plant, 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, R.E. Ginna Nuclear Power 
Plant, LLC, the applicants seek approval pursuant to 10 CFR 50.80 of 
the indirect transfer of control of the Ginna Renewed Facility 
Operating License No. DPR-18 and the Ginna Independent Spent Fuel 
Storage Installation Facility (ISFSI).
    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 transfer for Ginna 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, Ginna, and the ISFSI, will 
remain unchanged.
    No physical changes to the Ginna 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

[[Page 40405]]

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 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 May 12, 2011, available for 
public inspection at the

[[Page 40406]]

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 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. 2011-17164 Filed 7-7-11; 8:45 am]
BILLING CODE 7590-01-P