Order Approving Direct Transfer of Licenses and Conforming Amendments, 18326-18328 [2014-07243]
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18326
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.
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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
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[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
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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
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01APN1
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Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
his designee. Calvert Cliffs, 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. Calvert
Cliffs, 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). Calvert Cliffs, LLC,
CENG, or Exelon Generation shall not
take any action to cause Exelon
Corporation, or its successors and
assigns, to void, cancel or materially
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16:02 Mar 31, 2014
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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,
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Fmt 4703
Sfmt 4703
18327
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 Calvert Cliffs 1 and 2 and
ISFSI 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 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 PDR reference staff by
telephone at 1–800–397–4209, or 301–
E:\FR\FM\01APN1.SGM
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18328
Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
415–4737, or by email to pdr.resource@
nrc.gov.
Dated at Rockville, Maryland this 24th day
of March 2014.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
Catherine Haney,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2014–07243 Filed 3–31–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0064]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
I. Accessing Information and
Submitting Comments
Nuclear Regulatory
Commission.
ACTION: Biweekly notice.
AGENCY:
A. Accessing Information
Pursuant to Section 189a. (2)
of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear
Regulatory Commission (NRC) is
publishing this regular biweekly notice.
The Act requires the Commission to
publish notice of any amendments
issued, or proposed to be issued and
grants the Commission the authority to
issue and make immediately effective
any amendment to an operating license
or combined license, as applicable,
upon a determination by the
Commission that such amendment
involves no significant hazards
consideration, notwithstanding the
pendency before the Commission of a
request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from March 6,
2014, to March 19, 2014. The last
biweekly notice was published on
March 18, 2014.
DATES: Comments must be filed by May
1, 2014. A request for a hearing must be
filed by June 2, 2014.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0064. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
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SUMMARY:
VerDate Mar<15>2010
16:02 Mar 31, 2014
individual listed in the FOR FURTHER
section of this
document.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: 3WFN–06–
44M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Janet Burkhardt, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 301–415–1384,
email: janet.burkhardt@nrc.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
Jkt 232001
Please refer to Docket ID NRC–2014–
0064 when contacting the NRC about
the availability of information regarding
this document. You may access
publicly-available information related to
this document by any of the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0064.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov.
Documents may be viewed in ADAMS
by performing a search on the document
date and docket number.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2014–
0064 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
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The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in you comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Notice of Consideration of Issuance
of Amendments to Facility Operating
Licenses and Combined Licenses and
Proposed No Significant Hazards
Consideration Determination
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
§ 50.92 of Title 10 of the Code of Federal
Regulations (10 CFR), this means that
operation of the facility in accordance
with the proposed amendment would
not (1) involve a significant increase in
the probability or consequences of an
accident previously evaluated, or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated, or (3)
involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
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]]>Agencies
[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18326-18328]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07243]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0252]
Order Approving Direct Transfer of Licenses and Conforming
Amendments
------------------------------------------------------------------------
------------------------------------------------------------------------
In the Matter of:
Calvert Cliffs Nuclear Power Plant, Docket Nos. 50-317, 50-318,
LLC) Exeloon Generation Company, LLC 72-8
(Calvert Cliffs Nuclear Power Plant License Nos. DPR-53, DPR-69,
Units 1 and 2 and Independent Spent SNM-2505.
Fuel Storage Instllation).
------------------------------------------------------------------------
I
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.
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 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 day-to-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 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 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 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
[[Page 18327]]
his designee. Calvert Cliffs, 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.
Calvert Cliffs, 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).
Calvert Cliffs, 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 Calvert Cliffs
1 and 2 and ISFSI 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
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 non-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-
[[Page 18328]]
415-4737, or by email to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 24th day of March 2014.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2014-07243 Filed 3-31-14; 8:45 am]
BILLING CODE 7590-01-P
