R.E. Ginna Nuclear Power Plant, LLC; Exelon Generation Company, LLC (R.E. Ginna Nuclear Power Plant); Order Approving Direct Transfer of License and Conforming Amendment, 18324-18326 [2014-07242]
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18324
Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
potential exception of information that
meets the requirements for withholding
such information from public disclosure
under the regulations of 10 CFR 2.390,
‘‘Public Inspections, Exemptions,
Requests for Withholding.’’
10. Before completion of the direct
transfer of Nine Mile Point 1 and 2
licenses, Exelon Generation shall
provide the Director of the Office of
Nuclear Reactor Regulation satisfactory
documentary evidence that the licensees
have obtained the appropriate amount
of primary and secondary insurance,
and have complied with the
requirements of 10 CFR Part 140 of the
Commission’s regulations.
It is further ordered that consistent
with 10 CFR 2.1315(b), the license
amendments that make changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the licenses to reflect the subject direct
transfer, are approved. The license
amendments shall be issued and made
effective at the time the proposed direct
transfer action is consummated.
It is further ordered that after receipt
of all required regulatory approvals for
the proposed direct transfer action,
Exelon Generation shall inform the
Director of the Office of Nuclear Reactor
Regulation in writing of such receipt no
later than 2 business day prior to the
date of the closing of the direct transfer.
Should the proposed direct transfer not
be completed within one year of this
Order’s date of issuance, this Order
shall become null and void, provided,
however, upon written application and
good cause shown, such date may be
extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the application and the nonproprietary safety evaluation dated the
same date as this Order, which are
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Room O–1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available documents
created or received at the NRC are
accessible electronically through
Agencywide Documents Access and
Management System (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’s PDR reference staff by
telephone at 1–800–397–4209, or 301–
415–4737, or by email to pdr.resource@
nrc.gov.
Dated at Rockville, Maryland, this 25 day
of March 2014.
VerDate Mar<15>2010
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For The Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014–07244 Filed 3–31–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0252; Docket No. 50–244;
License No. DPR–18 ]
R.E. Ginna Nuclear Power Plant, LLC;
Exelon Generation Company, LLC
(R.E. Ginna Nuclear Power Plant);
Order Approving Direct Transfer of
License and Conforming Amendment
I
R.E. Ginna Nuclear Power Plant, LLC
(Ginna, LLC or the licensee) is the
holder of Renewed Facility Operating
License No. DPR–18, which authorizes
the possession, use, and operation of
R.E. Ginna Nuclear Power Plant (Ginna
or the facility), including an
Independent Spent Fuel Storage
Installation (ISFSI) with a general
license. The facility is located in Wayne
County, New York.
II
By application dated August 6, 2013,
as supplemented by letters and emails
dated August 14, 2013, September 23
and 26, 2013, December 17, 2013,
January 9, 2014, and February 5, 10, 14,
and 21, 2014 (together, the application),
Constellation Energy Nuclear Group,
LLC (CENG) requested on behalf of
itself, its subsidiary, Ginna, LLC, and
Exelon Generation Company, LLC
(Exelon Generation) (together, the
applicants), that the U.S. Nuclear
Regulatory Commission (NRC) approve
the proposed direct transfer of operating
authority of the facility to Exelon
Generation. The applicants also
requested approval of a conforming
license amendment that would reflect
the proposed transfer of operating
authority to Exelon Generation. Prior to
the transfer, Exelon Generation was an
intermediate 50.01 percent parent
company of CENG, which is the parent
company owner of Ginna, LLC. After
completion of the proposed transfer,
Exelon Generation would remain an
intermediate parent company and also
become the co-licensee of Ginna, LLC
and the operator of Ginna. Exelon
Generation will assume direct licensed
responsibility for the operation of the
facility and its ISFSI, but the ownership
will not be affected. There will be no
physical changes to the facility and no
PO 00000
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Fmt 4703
Sfmt 4703
adverse changes in day-to-day
operations.
Approval of the direct transfer of the
renewed facility operating license and
the conforming amendment was
requested by the applicants pursuant to
Sections 50.80 and 50.90 of Title 10 of
the Code of Federal Regulations (10
CFR). A notice entitled, ‘‘Consideration
of Approval of Transfer of Renewed
Facility Operating Licenses, Materials
Licenses, and Conforming Amendments
Containing Sensitive Unclassified NonSafeguards Information,’’ was published
in the Federal Register on December 26,
2013 (78 FR 78411). No comments or
hearing requests were received.
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 NRC shall give its
consent in writing. Upon review of the
information in the application, and
other information before the
Commission, the NRC staff has
determined that Exelon Generation is
qualified to acquire and hold the
operating authority under the license
previously held by the licensee, and that
the transfer of the license, as proposed
in the application, is otherwise
consistent with the applicable
provisions of law, regulations, and
orders issued by the Commission,
pursuant thereto, subject to the
conditions set forth below. The NRC
staff has further found that the
application for the proposed license
amendment complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations set forth in 10 CFR
Chapter I; the facility will operate in
conformity with the application, the
provisions of the Act and the rules and
regulations of the Commission; there is
reasonable assurance that the activities
authorized by the proposed conforming
amendment can be conducted without
endangering the health and safety of the
public and that such activities will be
conducted in compliance with the
Commission’s regulations; the issuance
of the proposed conforming amendment
will not be inimical to the common
defense and security or to the health
and safety of the public; and the
issuance of the proposed conforming
amendment will be in accordance with
10 CFR Part 51 of the Commission’s
regulations and all applicable
requirements have been satisfied.
The findings set forth above are
supported by the NRC staff’s safety
evaluation dated the same day as this
Order.
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Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
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III
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Act, 42
U.S.C. Sections 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80, it
is hereby ordered that the direct license
transfer of the operating authority of the
license from the licensee to Exelon
Generation, as described herein, is
approved, subject to the following
conditions:
1. The existing E.D.F. International
S.A.S. Support Agreement of
approximately $145 million, dated
November 6, 2009, may not be amended
or modified without 30 days prior
written notice to the Director of the
Office of Nuclear Reactor Regulation or
his designee. Ginna, LLC, CENG, or
Exelon Generation shall not take any
action to cause E.D.F. International
S.A.S., or its successors and assigns, to
void, cancel, or materially modify the
E.D.F. International S.A.S. Support
Agreement or cause it to fail to perform,
or impair its performance under the
E.D.F. International S.A.S. Support
Agreement, without the prior written
consent of the NRC. Exelon Generation
shall inform the NRC in writing no later
than 14 days after any funds are
provided to or for the CENG subsidiary
licensee under the E.D.F. International
S.A.S. Support Agreement.
2. Exelon Corporation shall, no later
than the time the license transfers occur,
enter into a Support Agreement of
approximately $245 million with the
licensee. The Exelon Corporation
Support Agreement shall supersede the
Support Agreement provided by Exelon
Generation, dated March 12, 2012, in all
respects and shall be consistent with the
representations contained in the August
6, 2013 transfer application. Ginna, LLC,
CENG, or Exelon Generation shall not
take any action to cause Exelon
Corporation, or its successors and
assigns, to void, cancel, or materially
modify the Exelon Corporation Support
Agreement or cause it to fail to perform,
or impair its performance under the
Exelon Corporation Support Agreement,
without the prior written consent of the
NRC. The Exelon Corporation Support
Agreement may not be amended or
modified without 30 days prior written
notice to the Director of the Office of
Nuclear Reactor Regulation or his
designee. An executed copy of the
Exelon Corporation Support Agreement
shall be submitted to the NRC no later
than 30 days after the completion of the
proposed transaction and license
transfers. Exelon Generation shall
inform the NRC in writing no later than
14 days after any funds are provided to
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16:02 Mar 31, 2014
Jkt 232001
or for the licensee under the Exelon
Corporation Support Agreement.
3. Exelon Corporation shall, no later
than the time the license transfers occur,
provide a parent guarantee in the
amount of $165 million to ensure a
source of funds for the facility in the
event that the existing cash pool
between the licensee and CENG is
insufficient to cover operating costs.
The existing CENG cash pool
arrangement shall be consistent with the
representations contained in the 2009
Transfer Application dated January 22,
2009 (ADAMS Accession No.
ML090290101). Ginna, LLC, CENG, or
Exelon Generation shall not take any
action to cause Exelon Corporation, or
its successors and assigns, to void,
cancel or materially modify the parent
guarantee or cause it to fail to perform,
or impair its performance under the
parent guarantee without the prior
written consent of the NRC.
4. Within 14 days of the license
transfers, Exelon Generation shall
submit to the NRC the Nuclear
Operating Services Agreement reflecting
the terms set forth in the application
dated August 6, 2013. Section 7.1 of the
Nuclear Operating Services Agreement
may not be modified in any material
respect related to financial arrangements
that would adversely impact the ability
of the licensee to fund safety-related
activities authorized by the license
without the prior written consent of the
Director of the Office of Nuclear Reactor
Regulation.
5. Within 10 days of the license
transfers, Exelon Generation shall
submit to the NRC the amended CENG
Operating Agreement reflecting the
terms set forth in the application dated
August 6, 2013. The amended and
restated Operating Agreement may not
be modified in any material respect
concerning decisionmaking authority
over safety, security and reliability
without the prior written consent of the
Director of the Office of Nuclear Reactor
Regulation.
6. At least half the members of the
CENG Board of Directors must be U.S.
citizens.
7. The CENG Chief Executive Officer,
Chief Nuclear Officer, and Chairman of
the CENG Board of Directors must be
U.S. citizens. These individuals shall
have the responsibility and exclusive
authority to ensure and shall ensure that
the business and activities of CENG
with respect to the facility’s license are
at all times conducted in a manner
consistent with the public health and
safety and common defense and security
of the United States.
8. CENG will retain its Nuclear
Advisory Committee (NAC) composed
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Fmt 4703
Sfmt 4703
18325
of U.S. citizens who are not officers,
directors, or employees of CENG, EDF
Inc., Constellation Nuclear, LLC, or CE
Nuclear, LLC. The NAC will report to,
and provide transparency to, the NRC
and other U.S. governmental agencies
regarding foreign ownership and control
of nuclear operations.
9. The NAC shall prepare an annual
report regarding the status of foreign
ownership, control, or domination of
the licensed activities of power reactors
under the control, in whole or part, of
CENG. The NAC report shall be
submitted to the NRC within 30 days of
completion, or by January 31 of each
year (whichever occurs first). No action
shall be taken by CENG or any entity to
cause Constellation Nuclear, LLC,
Exelon Generation, or their parent
companies, subsidiaries or successors to
modify the NAC report before submittal
to the NRC. The NAC report shall be
made available to the public, with the
potential exception of information that
meets the requirements for withholding
such information from public disclosure
under the regulations of 10 CFR 2.390,
‘‘Public Inspections, Exemptions,
Requests for Withholding.’’
10. Before completion of the direct
transfer of the facility’s license, Exelon
Generation shall provide the Director of
the Office of Nuclear Reactor Regulation
satisfactory documentary evidence that
the licensees have obtained the
appropriate amount of primary and
secondary insurance, and have
complied with the requirements of 10
CFR Part 140 of the Commission’s
regulations.
It is further ordered that consistent
with 10 CFR 2.1315(b), the license
amendment that makes changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the license to reflect the subject direct
transfer, is approved. The license
amendment shall be issued and made
effective at the time the proposed direct
transfer action is consummated.
It is further ordered that after receipt
of all required regulatory approvals for
the proposed direct transfer action,
CENG shall inform the Director of the
Office of Nuclear Reactor Regulation in
writing of such receipt no later than 2
business day prior to the date of the
closing of the direct transfer. Should the
proposed direct transfer not be
completed within one year of this
Order’s date of issuance, this Order
shall become null and void, provided,
however, upon written application and
good cause shown, such date may be
extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the application and the non-
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Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
proprietary safety evaluation dated the
same date as this Order, which are
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Room O–1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available documents
created or received at the NRC are
accessible electronically through
Agencywide Documents Access and
Management System (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 email to
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 25 day
of March 2014.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
Calvert Cliffs Nuclear Power Plant,
LLC (Calvert Cliffs, LLC or the licensee),
is the holder of Renewed Facility
Operating License Nos. DPR–53 and
DPR–69 and Materials License No.
SNM–2505, which authorizes the
possession, use, and operation of
Calvert Cliffs Nuclear Power Plant,
Units 1 and 2 (Calvert Cliffs 1 and 2 or
the facility), including an Independent
Spent Fuel Storage Installation (ISFSI).
The facility and its ISFSI are located in
Calvert County, Maryland.
mstockstill on DSK4VPTVN1PROD with NOTICES
II
By application dated August 6, 2013,
as supplemented by letters and emails
dated August 14, 2013, September 23
and 26, 2013, December 17, 2013,
January 9, 2014, and February 5, 10, 14,
and 21, 2014 (together, the application),
Constellation Energy Nuclear Group,
LLC (CENG) requested on behalf of
itself, its subsidiary licensee, Calvert
Cliffs, LLC, and Exelon Generation
Company, LLC (Exelon Generation)
(together, the applicants), that the U.S.
Nuclear Regulatory Commission (NRC)
approve the proposed direct transfer of
operating authority of the facility and its
ISFSI to Exelon Generation. The
applicants also requested approval of
conforming license amendments that
would reflect the proposed transfer of
operating authority to Exelon
Generation. Prior to the transfer, Exelon
Generation was an intermediate 50.01
percent parent company of CENG,
which is the parent company owner of
Calvert Cliffs, LLC. After completion of
the proposed transfer, Exelon
Generation would remain an
intermediate parent company and also
become the co-licensee of Calvert Cliffs,
LLC and the operator of Calvert Cliffs 1
VerDate Mar<15>2010
16:02 Mar 31, 2014
Jkt 232001
[NRC–2013–0252]
Order Approving Direct Transfer of
Licenses and Conforming
Amendments
[FR Doc. 2014–07242 Filed 3–31–14; 8:45 am]
BILLING CODE 7590–01–P
In the Matter of:
Calvert Cliffs Nuclear Power Plant, LLC) Exeloon Generation Company, LLC
(Calvert Cliffs Nuclear Power Plant Units 1 and 2 and Independent Spent
Fuel Storage Instllation).
I
NUCLEAR REGULATORY
COMMISSION
Docket Nos. 50–317, 50–318, 72–8
License Nos. DPR–53, DPR–69, SNM–2505.
and 2. Exelon Generation will assume
direct licensed responsibility for the
operation of the facility and its ISFSI,
but the ownership will not be affected.
There will be no physical changes to the
facility and no adverse changes in dayto-day operations.
Approval of the direct transfer of the
renewed facility operating licenses, the
materials license, and conforming
amendments was requested by the
applicants pursuant to Sections 50.80,
50.90, and 72.50 of Title 10 of the Code
of Federal Regulations (10 CFR). A
notice entitled, ‘‘Consideration of
Approval of Transfer of Renewed
Facility Operating Licenses, Materials
Licenses, and Conforming Amendments
Containing Sensitive Unclassified NonSafeguards Information,’’ was published
in the Federal Register on December 26,
2013 (78 FR 78411). No comments or
hearing requests were received.
Pursuant to 10 CFR 50.80 and 72.50,
no license, or any right thereunder, shall
be transferred, directly or indirectly,
through transfer of control of the
license, unless the NRC shall give its
consent in writing. Upon review of the
information in the application, and
other information before the
Commission, the NRC staff has
determined that Exelon Generation is
qualified to acquire and hold the
operating authority under the licenses
previously held by the licensee, and that
the transfer of the licenses, as proposed
in the application, is otherwise
consistent with the applicable
provisions of law, regulations, and
orders issued by the Commission,
pursuant thereto, subject to the
conditions set forth below. The NRC
staff has further found that the
application for the proposed conforming
amendments complies with the
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations set forth in 10 CFR
Chapter I; the facilities will operate in
conformity with the application, the
provisions of the Act and the rules and
regulations of the Commission; there is
reasonable assurance that the activities
authorized by the proposed license
amendments can be conducted without
endangering the health and safety of the
public and that such activities will be
conducted in compliance with the
Commission’s regulations; the issuance
of the proposed conforming
amendments will not be inimical to the
common defense and security or to the
health and safety of the public; and the
issuance of the proposed conforming
amendments will be in accordance with
10 CFR Part 51 of the Commission’s
regulations and all applicable
requirements have been satisfied.
The findings set forth above are
supported by the NRC staff’s safety
evaluation dated the same day as this
Order.
III
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Act, 42
U.S.C. Sections 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80
and 72.50, it is hereby ordered that the
direct license transfer of the operating
authority of the licenses from the
licensee to Exelon Generation, as
described herein, is approved, subject to
the following conditions:
1. The existing E.D.F. International
S.A.S. Support Agreement of
approximately $145 million, dated
November 6, 2009, may not be amended
or modified without 30 days prior
written notice to the Director of the
Office of Nuclear Reactor Regulation or
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18324-18326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07242]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0252; Docket No. 50-244; License No. DPR-18 ]
R.E. Ginna Nuclear Power Plant, LLC; Exelon Generation Company,
LLC (R.E. Ginna Nuclear Power Plant); Order Approving Direct Transfer
of License and Conforming Amendment
I
R.E. Ginna Nuclear Power Plant, LLC (Ginna, LLC or the licensee) is
the holder of Renewed Facility Operating License No. DPR-18, which
authorizes the possession, use, and operation of R.E. Ginna Nuclear
Power Plant (Ginna or the facility), including an Independent Spent
Fuel Storage Installation (ISFSI) with a general license. The facility
is located in Wayne County, New York.
II
By application dated August 6, 2013, as supplemented by letters and
emails dated August 14, 2013, September 23 and 26, 2013, December 17,
2013, January 9, 2014, and February 5, 10, 14, and 21, 2014 (together,
the application), Constellation Energy Nuclear Group, LLC (CENG)
requested on behalf of itself, its subsidiary, Ginna, LLC, and Exelon
Generation Company, LLC (Exelon Generation) (together, the applicants),
that the U.S. Nuclear Regulatory Commission (NRC) approve the proposed
direct transfer of operating authority of the facility to Exelon
Generation. The applicants also requested approval of a conforming
license amendment that would reflect the proposed transfer of operating
authority to Exelon Generation. Prior to the transfer, Exelon
Generation was an intermediate 50.01 percent parent company of CENG,
which is the parent company owner of Ginna, LLC. After completion of
the proposed transfer, Exelon Generation would remain an intermediate
parent company and also become the co-licensee of Ginna, LLC and the
operator of Ginna. Exelon Generation will assume direct licensed
responsibility for the operation of the facility and its ISFSI, but the
ownership will not be affected. There will be no physical changes to
the facility and no adverse changes in day-to-day operations.
Approval of the direct transfer of the renewed facility operating
license and the conforming amendment was requested by the applicants
pursuant to Sections 50.80 and 50.90 of Title 10 of the Code of Federal
Regulations (10 CFR). A notice entitled, ``Consideration of Approval of
Transfer of Renewed Facility Operating Licenses, Materials Licenses,
and Conforming Amendments Containing Sensitive Unclassified Non-
Safeguards Information,'' was published in the Federal Register on
December 26, 2013 (78 FR 78411). No comments or hearing requests were
received.
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 NRC shall give its consent in
writing. Upon review of the information in the application, and other
information before the Commission, the NRC staff has determined that
Exelon Generation is qualified to acquire and hold the operating
authority under the license previously held by the licensee, and that
the transfer of the license, as proposed in the application, is
otherwise consistent with the applicable provisions of law,
regulations, and orders issued by the Commission, pursuant thereto,
subject to the conditions set forth below. The NRC staff has further
found that the application for the proposed license amendment complies
with the standards and requirements of the Atomic Energy Act of 1954,
as amended (the Act), and the Commission's rules and regulations set
forth in 10 CFR Chapter I; the facility will operate in conformity with
the application, the provisions of the Act and the rules and
regulations of the Commission; there is reasonable assurance that the
activities authorized by the proposed conforming amendment can be
conducted without endangering the health and safety of the public and
that such activities will be conducted in compliance with the
Commission's regulations; the issuance of the proposed conforming
amendment will not be inimical to the common defense and security or to
the health and safety of the public; and the issuance of the proposed
conforming amendment will be in accordance with 10 CFR Part 51 of the
Commission's regulations and all applicable requirements have been
satisfied.
The findings set forth above are supported by the NRC staff's
safety evaluation dated the same day as this Order.
[[Page 18325]]
III
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Act, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR
50.80, it is hereby ordered that the direct license transfer of the
operating authority of the license from the licensee to Exelon
Generation, as described herein, is approved, subject to the following
conditions:
1. The existing E.D.F. International S.A.S. Support Agreement of
approximately $145 million, dated November 6, 2009, may not be amended
or modified without 30 days prior written notice to the Director of the
Office of Nuclear Reactor Regulation or his designee. Ginna, LLC, CENG,
or Exelon Generation shall not take any action to cause E.D.F.
International S.A.S., or its successors and assigns, to void, cancel,
or materially modify the E.D.F. International S.A.S. Support Agreement
or cause it to fail to perform, or impair its performance under the
E.D.F. International S.A.S. Support Agreement, without the prior
written consent of the NRC. Exelon Generation shall inform the NRC in
writing no later than 14 days after any funds are provided to or for
the CENG subsidiary licensee under the E.D.F. International S.A.S.
Support Agreement.
2. Exelon Corporation shall, no later than the time the license
transfers occur, enter into a Support Agreement of approximately $245
million with the licensee. The Exelon Corporation Support Agreement
shall supersede the Support Agreement provided by Exelon Generation,
dated March 12, 2012, in all respects and shall be consistent with the
representations contained in the August 6, 2013 transfer application.
Ginna, LLC, CENG, or Exelon Generation shall not take any action to
cause Exelon Corporation, or its successors and assigns, to void,
cancel, or materially modify the Exelon Corporation Support Agreement
or cause it to fail to perform, or impair its performance under the
Exelon Corporation Support Agreement, without the prior written consent
of the NRC. The Exelon Corporation Support Agreement may not be amended
or modified without 30 days prior written notice to the Director of the
Office of Nuclear Reactor Regulation or his designee. An executed copy
of the Exelon Corporation Support Agreement shall be submitted to the
NRC no later than 30 days after the completion of the proposed
transaction and license transfers. Exelon Generation shall inform the
NRC in writing no later than 14 days after any funds are provided to or
for the licensee under the Exelon Corporation Support Agreement.
3. Exelon Corporation shall, no later than the time the license
transfers occur, provide a parent guarantee in the amount of $165
million to ensure a source of funds for the facility in the event that
the existing cash pool between the licensee and CENG is insufficient to
cover operating costs. The existing CENG cash pool arrangement shall be
consistent with the representations contained in the 2009 Transfer
Application dated January 22, 2009 (ADAMS Accession No. ML090290101).
Ginna, LLC, CENG, or Exelon Generation shall not take any action to
cause Exelon Corporation, or its successors and assigns, to void,
cancel or materially modify the parent guarantee or cause it to fail to
perform, or impair its performance under the parent guarantee without
the prior written consent of the NRC.
4. Within 14 days of the license transfers, Exelon Generation shall
submit to the NRC the Nuclear Operating Services Agreement reflecting
the terms set forth in the application dated August 6, 2013. Section
7.1 of the Nuclear Operating Services Agreement may not be modified in
any material respect related to financial arrangements that would
adversely impact the ability of the licensee to fund safety-related
activities authorized by the license without the prior written consent
of the Director of the Office of Nuclear Reactor Regulation.
5. Within 10 days of the license transfers, Exelon Generation shall
submit to the NRC the amended CENG Operating Agreement reflecting the
terms set forth in the application dated August 6, 2013. The amended
and restated Operating Agreement may not be modified in any material
respect concerning decisionmaking authority over safety, security and
reliability without the prior written consent of the Director of the
Office of Nuclear Reactor Regulation.
6. At least half the members of the CENG Board of Directors must be
U.S. citizens.
7. The CENG Chief Executive Officer, Chief Nuclear Officer, and
Chairman of the CENG Board of Directors must be U.S. citizens. These
individuals shall have the responsibility and exclusive authority to
ensure and shall ensure that the business and activities of CENG with
respect to the facility's license are at all times conducted in a
manner consistent with the public health and safety and common defense
and security of the United States.
8. CENG will retain its Nuclear Advisory Committee (NAC) composed
of U.S. citizens who are not officers, directors, or employees of CENG,
EDF Inc., Constellation Nuclear, LLC, or CE Nuclear, LLC. The NAC will
report to, and provide transparency to, the NRC and other U.S.
governmental agencies regarding foreign ownership and control of
nuclear operations.
9. The NAC shall prepare an annual report regarding the status of
foreign ownership, control, or domination of the licensed activities of
power reactors under the control, in whole or part, of CENG. The NAC
report shall be submitted to the NRC within 30 days of completion, or
by January 31 of each year (whichever occurs first). No action shall be
taken by CENG or any entity to cause Constellation Nuclear, LLC, Exelon
Generation, or their parent companies, subsidiaries or successors to
modify the NAC report before submittal to the NRC. The NAC report shall
be made available to the public, with the potential exception of
information that meets the requirements for withholding such
information from public disclosure under the regulations of 10 CFR
2.390, ``Public Inspections, Exemptions, Requests for Withholding.''
10. Before completion of the direct transfer of the facility's
license, Exelon Generation shall provide the Director of the Office of
Nuclear Reactor Regulation satisfactory documentary evidence that the
licensees have obtained the appropriate amount of primary and secondary
insurance, and have complied with the requirements of 10 CFR Part 140
of the Commission's regulations.
It is further ordered that consistent with 10 CFR 2.1315(b), the
license amendment that makes changes, as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the license to
reflect the subject direct transfer, is approved. The license amendment
shall be issued and made effective at the time the proposed direct
transfer action is consummated.
It is further ordered that after receipt of all required regulatory
approvals for the proposed direct transfer action, CENG shall inform
the Director of the Office of Nuclear Reactor Regulation in writing of
such receipt no later than 2 business day prior to the date of the
closing of the direct transfer. Should the proposed direct transfer not
be completed within one year of this Order's date of issuance, this
Order shall become null and void, provided, however, upon written
application and good cause shown, such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the application
and the non-
[[Page 18326]]
proprietary safety evaluation dated the same date as this Order, which
are available for public inspection at the Commission's Public Document
Room (PDR), located at One White Flint North, Public File Room O-1 F21,
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly
available documents created or received at the NRC are accessible
electronically through Agencywide Documents Access and Management
System (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 email to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 25 day of March 2014.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2014-07242 Filed 3-31-14; 8:45 am]
BILLING CODE 7590-01-P
