[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Notices]
[Page 45585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12925]
[[Page 45585]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244; Renewed License No. DPR-18]
In the Matter of R.E. Ginna Nuclear Power Plant, LLC (R.E. Ginna
Nuclear Power Plant); Order Approving Application Regarding Proposed
Corporate Merger
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 the R.E. Ginna Nuclear
Power Plant (the facility or Ginna). Ginna LLC is licensed by the U.S.
Nuclear Regulatory Commission (NRC or Commission) to operate Ginna. The
facility is located at the licensee's site in Wayne County, New York.
II.
By application dated January 23, 2006, as supplemented by letters
dated April 25 and May 25, 2006, (collectively referred to herein as
the application), Constellation Generation Group, LLC (CGG LLC), acting
on behalf of Ginna LLC, requested that the NRC, pursuant to 10 CFR
50.80, consent to the proposed indirect transfer of control of the
license.
According to the application filed by CGG LLC, Ginna is wholly
owned by Ginna LLC. Ginna LLC is wholly owned by Constellation Nuclear
Power Plants, Inc.
As stated in the application, in connection with the proposed
merger of CGG LLC's parent company, Constellation Energy Group, Inc.
(CEG, Inc.), and FPL Group, Inc. (FPL Group), FPL Group will become a
wholly owned subsidiary of CEG, Inc. At the closing of the merger, the
former shareholders of FPL Group will own approximately 60% of the
outstanding stock of CEG, Inc., and the pre-merger shareholders of CEG,
Inc., will own the remaining approximately 40%. In addition, the CEG,
Inc., board of directors will be composed of fifteen members, nine of
whom will be named by FPL Group, and six of whom will be named by the
current CEG, Inc. Ginna LLC will continue to own and operate the
facility and hold the license.
Approval of the indirect transfer of the facility operating license
was requested by CGG LLC pursuant to 10 CFR 50.80. Notice of the
request for approval and an opportunity for a hearing was published in
the Federal Register on February 22, 2006 (71 FR 9176). Comments and a
petition to intervene were received from the Maryland Office of the
People's Counsel. However, the petition to intervene was dismissed by
the Secretary of the Commission by order dated March 17, 2006.
Under 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. Upon
review of the information in the application by CGG LLC and other
information before the Commission, the NRC staff concludes that the
proposed merger and resulting indirect transfer of control of the
license will not affect the qualifications of Ginna LLC as a holder of
the Ginna license, and that the indirect transfer of control of the
license as held by Ginna LLC, is otherwise consistent with the
applicable provisions of law, regulations, and orders issued by the
Commission pursuant thereto.
The findings set forth above are supported by a safety evaluation
dated August 3, 2006.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 2201(i),
and 2234; and 10 CFR 50.80, it is hereby ordered that the application
regarding the proposed merger and indirect license transfer is
approved, subject to the following condition:
Should the proposed merger not be completed within one year from
the date of issuance, this Order shall become null and void,
provided, however, upon written application and good cause shown,
such date may in writing be extended.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated January 23, 2006, supplemented by letters dated April
25 and May 25, 2006, and the safety evaluation dated August 3, 2006,
which are available for public inspection at the Commission's Public
Document Room (PDR), located at One White Flint North, Public File Area
01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland and
accessible electronically from the Agencywide Documents Access and
Management System (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, 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, 301-415-4737, or by E-
mail to [email protected].
Dated at Rockville, Maryland this 3rd day of August 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E6-12925 Filed 8-8-06; 8:45 am]
BILLING CODE 7590-01-P