[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Pages 59679-59680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23888]



[NRC-2012-0044; Docket No. 50-423]

 Central Vermont Public Service Corporation (Millstone Power 
Station, Unit 3); Order Approving Application Regarding Corporate 
Restructuring and Conforming Amendment


    Dominion Nuclear Connecticut, Inc. (DNC), Central Vermont Public 
Service Corporation (CVPS) and Massachusetts Municipal Wholesale 
Electric Company (MMWE) (collectively ``the licensees'' or ``DNC, Inc., 
et al.'') are the co-holders of the Renewed Facility Operating License 
No. NPF-49, which authorizes the possession, use and operation of 
Millstone Power Station, Unit 3 (MPS3). CVPS is a non-operating owner 
of a 1.7303% interest in MPS3. DNC is the majority owner and the 
licensed operator. MPS3 is located in the town of Waterford, 


    By letter dated September 9, 2011, as supplemented on November 4, 
2011, April 6, 2012, May 4, 2012, June 26, 2012, and July 19, 2012 
(collectively, ``the application''), CVPS and Gaz M[eacute]tro Limited 
Partnership (Gaz M[eacute]tro), (collectively, ``the Applicants''), 
requested that the U.S. Nuclear Regulatory Commission (NRC), pursuant 
to section 50.80 of Title 10 of the Code of Federal Regulation (10 
CFR), consent to the direct transfer of CVPS's 1.7303% interest in the 
operating license for MPS3 that would result from the merger of CVPS 
with Green Mountain Power Corporation (GMP).
    Both GMP and CVPS are wholly owned subsidiaries of Gaz 
M[eacute]tro, as a result of the indirect transfer of CVPSs 1.7303% 
interest in the license for MPS3, due to the acquisition of CVPS by Gaz 
M[eacute]tro approved by the Commission on June 15, 2012.
    According to the application for approval filed by CVPS in 
connection with the merger of CVPS and GMP, CVPS will merge with and 
into GMP, with GMP being the surviving company called Green Mountain 
Power Corporation. The GMP will continue as a minority co-owner and 
licensee of MPS3.
    This application does not affect MMWEs ownership or DNCs ownership 
and operation of the facility.
    Pursuant to 10 CFR 50.90, the Applicants also requested approval of 
a conforming license amendment for administrative purposes to reflect 
the change of name for the co-owner licensee on the MSP3 license from 
``Central Vermont Public Service Corporation'' to ``Green Mountain 
Power Corporation.''
    No physical changes to the MPS3 facility or operational changes are 
being proposed in the application.
    Notice of the request for approval and opportunity for a hearing 
was published in the Federal Register on July 20, 2012 (77 FR 42768). 
No comments or hearing requests were received.
    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 NRC shall give its consent in writing. Upon review 
of the information in the application as supplemented and other 
information before the Commission and relying upon the representations 
and agreements in the application as supplemented, the NRC staff has 
determined that the proposed direct transfer of control from CVPS to 
GMP, as described in the application, will not affect the 
qualifications of the holders of the Renewed Facility Operating License 
No. NPF-49, and that the transfer of the license, to the extent 
affected by the proposed merger, is otherwise consistent with 
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 
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 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 license 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 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 a 
safety evaluation (SE) dated September 21, 2012.


    Accordingly, pursuant to Sections 161b, 161i, 161.o, and 184 of the 
Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 
2201(i), 2201(o), and 2234; and 10 CFR 50.80, it is hereby ordered that 
the application regarding the proposed direct license transfer is 
approved, subject to the following conditions:
    1. The Negation Action Plan provided to the NRC for review may not 
be modified in any respect concerning decision-making authority over 
``safety issues'' as defined therein without the prior written consent 
of the Director, Office of Nuclear Reactor Regulation.
    2. At least half the members of GMPs Board of Directors shall be 
U.S. citizens.
    3. The Chief Executive Officer (CEO) of GMP shall be a U.S. 
citizen. This individual shall have the responsibility and exclusive 
authority to ensure and shall ensure that the business and activities 
of GMP with respect to the MPS3 license is at all times conducted in a 
manner consistent with the public health and safety and common defense 
and security of the United States.
    4. The GMP Board of Directors will establish a Special Nuclear 
Committee (SNC) composed only of U.S. citizens, a majority of who are 
not officers or employees of GMP, Gaz M[eacute]tro, or any other Gaz 
M[eacute]tro subsidiaries. The SNC will report to the GMPC Board of 
Directors on a quarterly basis for informational purposes. The SNC will 
make available to the NRC for review these and any other reports 
regarding foreign ownership and control of nuclear operations.

[[Page 59680]]

    5. Should the proposed corporate merger not be completed within 1 
year from the date of this Order, 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 initial 
application dated September 9, 2011 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML11256A051), as supplemented 
by letters dated November 4, 2011, April 6, 2012, May 4, 2012, June 26, 
2012, and July 19, 2012 (ADAMS Accession Nos. (ML11311A148, 
Ml12100A017, ML12128A433, ML12180A123 and ML12205A030, respectively), 
and the SE dated September 21, 2012, which are available for public 
inspection at the NRC's Public Document Room (PDR), located at One 
White Flint North, Room 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 email to 
[email protected].

    Dated at Rockville, Maryland, this 21st day of September 2012.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-23888 Filed 9-27-12; 8:45 am]