ML102310619

Transmittal of FOCI

ML102310619
Person / Time
Site:	Calvert Cliffs, Nine Mile Point, Ginna
Issue date:	08/16/2010
From:	Korsnick M Constellation Energy Group, EDF Group
To:	Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
Download: ML102310619 (17)

Text

Maria Korsnick Constellation Energy Nuclear Group, LLC Chief Nuclear Officer, 100 Constellation Way SVP- Chief Operations Officer Suite 200C Baltimore, MD 21202 Office 410-470-5133 Fax 443-213-6739 E-mail: Maria.Korsnick@cengllc.com CENG.a joint venture of August 16, 2010 U. S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20555-0001 ATTENTION:

Licensee Clearances

SUBJECT:

Calvert Cliffs Nuclear Power Plant Unit Nos. I & 2; Docket Nos. 50-317 & 50-318 Calvert Cliffs Independent Spent Fuel Storage Installation Docket No. 72-8 Nine Mile Point Nuclear Station Unit Nos. I & 2; Docket Nos. 50-220 & 50-4 10 R.E. Ginna Nuclear Power Plant Docket No. 50-244 Transmittal of FOCI

REFERENCES:

(a) Letter from H. B. Barron (CENG) to Document Control Desk (NRC), dated June 10, 2008, Transmittal of FOCI and Standard Practice Procedures Plan (b) Letter from R. V. Guzman (NRC) to H. B. Barron (CENG), dated October 30, 2009, Order Superseding October 9, 2009 Order Approving the Transfer of Renewed Facility Operating License Nos. DPR-53 and DPR-69 for the Calvert Cliffs Nuclear Power Plant, Unit Nos. I and 2, and Materials License No. SNM-2505 for the Calvert Cliffs Independent Spent Fuel Storage Installation, and Conforming Amendments (TAC Nos. ME0443 and ME0444)(c) Letter from R. V. Guzman (NRC) to H. B. Barron (CENG), dated October 30, 2009, Order Superseding October 9, 2009 Order Approving the Transfer of Renewed Facility Operating License Nos. DPR-63 and NPF-69 for the Nine Mile Point Nuclear Station, Unit Nos. I and 2 (TAC Nos. ME0446 and ME0447)jLA,!.S it Licensee Clearances August 16, 2010 Page 2 (d) Letter from R. V. Guzman (NRC) to H. B. Barron (CENG), dated October 30, 2009, Order Superseding October 9, 2009 Order Approving the Transfer of Renewed Facility Operating License No. DPR-18 for the R.E.Ginna Nuclear Power Plant (TAC No. ME0445)(e) Letter from M. G. Korsnick (CENG) to Document Control Desk (NRC), dated February 1, 2010, Notice Regarding Name Change of EDF Development Inc.Reference (a) transmitted the Constellation Energy Nuclear Group, LLC (CENG) five-year report on foreign ownership, control and influence.

Attachment (1) updates Form SF 328, Certificate Pertaining to Foreign Interests, to reflect a recent joint venture indirectly between Constellation Energy Group, Inc.(CEG) and EDF Inc. One of the areas in which the Nuclear Regulatory Commission (NRC) staff reviewed and approved the current structure of the joint venture was through a Foreign Ownership, Control or Influence (FOCI) determination (References (b) through (d)). 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 S.A., a soci6t6 anonyme organized under the laws of France. Attachment (2) contains lists of officers and directors for Constellation Energy Nuclear Group, LLC, Constellation Nuclear Power Plants, LLC, Calvert Cliffs Nuclear Power Plant, LLC, R.E. Ginna Nuclear Power Plant, LLC, and Nine Mile Point Nuclear Station, LLC. Each of those lists of officers and directors includes at least one foreign national employed by an EDF entity.The governance structure established for CENG is designed to assure continued U.S. control over CENG with respect to matters related to nuclear safety, security, and reliability.

This structure was reviewed and approved by the NRC staff in References (b) through (d). The transaction with EDF Inc. did not affect the qualifications of CENG and its subsidiaries to own and operate their licensed facilities in accordance with the existing licenses.

The transaction did not result in any change in the role of CENG's subsidiaries as the licensed operators of the facilities and did not result in any adverse changes to their financial qualifications, decommissioning funding assurance, or technical qualifications.

No physical changes were made to the facilities, and there were no adverse changes in day-to-day operations as a result of the transaction.

The transaction neither adversely impacted public health and safety, nor was it inimical to the common defense and security.References (b) through (d) are NRC Orders approving the CENG joint venture between CEG and EDF Development Inc. EDF Development Inc. later changed its name to EDF Inc., as reported to the Nuclear Regulatory Commission in Reference (e).Should you have questions regarding this matter, please contact Mr. Bruce S. Montgomery at 410-470-5388 or Bruce.Montgomervycengllc.com.

ry truly you, Mary G. Korsnick Senior Vice-President

& Chief Nuclear Officer MGK/EMT/bj d

Licensee Clearances August 16, 2010 Page 3 Attachments:

(1) Constellation Energy Nuclear Group, LLC Foreign Ownership, Control, or Influence Determination (2) Lists of Officers and Directors cc: Document Control Desk, NRC D. V. Pickett, NRC R. V. Guzman, NRC M. L. Dapas, NRC M. F. Weber, NMSS Resident Inspector, NRC (Calvert Cliffs)Resident Inspector, NRC (Ginna)Resident Inspector, NRC (Nine Mile)S. Gray, Maryland DNR ATTACHMENT (1)CONSTELLATION ENERGY NUCLEAR GROUP, LLC FOREIGN OWNERSHIP, CONTROL OR INFLUENCE DETERMINATION Constellation Energy Nuclear Group, LLC August 16, 2010 CERTIFICATE PERTAINING TO FOREIGN INTERESTS (Type or print all answers)OMB No. 0704-0194 OMB approval expires May 31, 2011 PLEASE DO NOT RETURN YOUR FORM TO THE ORGANIZATION IN THE PARAGRAPH BELOW. RETURN COMPLETED FORM TO YOUR RESPECTIVE COGNIZANT SECURITY OFFICE.The public reporting burden for this cotlection of informatiorn is estimated to average 70 minutes per response, inoduding he time for reviewing inosmuctione.

searching existingl data sources, gathering and maintainmng the data needled, and completing end reviewing the collection of eorntation.

Send comments regarding this burden estimate or any other aspect of this coilectonofl intorration, inclding suggestions for redudng the burden, to the Department of Defense. Wastington Headquarters Services.

Executive Services Directorate.

information Management Division.

1155 Defense Pentagon, Waehingtort, DC 20301.1155 (0704.0194).

Respondents should be aware that notwithstanding any other provislion of law, no person shall boe subject to any penalty for feiling~to comply with a collection of information if it does not display a currently valid oMa cornboi numrber. " PENALTY NOTICE Failure to answer all questions or any misrepresentation (by omission or or both, knowingly to make a false statement or representation to concealment, or by misleading, false or partial answers) may serve as a any Department or Agency of the United States, as to any matter basis for denial of clearance for access to classified Information.

In within the jurisdiction of any Department or Agency of the United addition, Title 18, United States Code 1001, makes it a criminal offense, States. This includes any statement made herein which is knowingly punishable by a maximum of five (5) years imprisonment, $15,000 fine incorrect, Incomplete or misleading In any important particular.

PROVISIONS

1. This report is authorized by the Secretary of Defense, as Executive

2. When this report is submitted in confidence and is so marked, Agent for the National Industrial Security Program, pursuant to Executive applicable exemptions to the Freedom of Information Act will be Order 12829. While you are not required to respond, your eligibility for a invoked to withhold it from public disclosure.

facility security clearance cannot be determined if you do not complete this form. The retention of a facility security clearance Is contingent upon 3. Complete all questions on this form. Mark "Yes" or "No" for each your compliance with the requirements of DoD 5220.22-M for submission question.

If your answer is "Yes" furnish in full the complete of a revised form asappropriate.

information under "Remarks." QUESTIONS AND ANSWERS YES NO 1. (Answer la. or lb.)a. (For entities which Issue stock): Do any foreign person(s), directly or Indirectly, own or have beneficial ownership of 5 percent or more of the outstanding shares of any class of your organization's equity securities?

b. (For entities which do not issue stock): Has any foreign person directly or indirectly subscribed 5 percent or more of your organization's total capital commitment?

X 2. Does your organization directly, or indirectly through your subsidiaries and/or affiliates, own 10 percent or more of x any foreign interest?3. Do any non-U.S. citizens serve as members of your organization's board of directors (or similar governing body), x officers, executive personnel, general partners, regents, trustees or senior management officials?

1 4. Does any foreign person(s) have the power, direct or indirect, to control;the election, appointment, or tenure of members of your organization's board of directors (or similar governing body) or other rmanagement positions of your organization, or have X the power to control or cause the direction of other decisions or activities of your organization?

5. Does your organization haveany contracts, agreements, understandings, or arrangements with a foreign person(s)?

X 6. Does your organization, whether as borrower, surety, guarantor or. otheiwise.have any Indebtedness, liabilities or obligations x to a foreign person(s)?

7. During your last fiscal year. did your organization derive: a. 5 percent or more of its total revenues or net income from any single foreign person?b. In the aggregate 30 percent or more of its revenues or net income frbm foreign persons? X 8. Is 10 percent or more of any class of your organization's voting securities held in "nominee" shares, in "street names" or in x some other method which does not identify the beneficial owner? X 9. Do any of the members of your organization's board of directors (or similar governing body), officers, executive personnel, general partners, regents, trustees or senior management officials hold any positions with, or serve as consultants for, any X foreign person(s)?

10. Is there any other factor(s) that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of your organization?

I I X STANDARD FORM 328 (Revised 612008)PREVIOUS EDITION IS OBSOLETE.Adobe Prefessonal.7.0 REMARKS (Attach additional sheets. if hecessary, for a full detailed statement.)

Constellation Energy Nuclear Group, LLC subsidiaries have a number of cýontracts, agreements, understandings, and arrangements with foreign persons related to the operations of it's U.S, power plants. These are normal, operational-related contracts for fuel and equipment.

I b: The CENG joint venture has a 49.99% ownership interest by an ultimate French parent company, EDFSA, as set forth in the documents (Ref.b,c, and d) referenced in the cover letter.3: Five of the ten CENG directors arc French citizens that are employees of the French parent, EDF SA. At least one officers of CENG and its subsidiaries is a non-US citizen employed by EDF and seconded to CENG.4: Because half of the ten directors arc EDF SA employees, the French parent influences appointment of some officers.5: CENG is party to several nuclear fuels-related contactswith non-US entities.

Various other contracts for equipment of components are also with foreign entities.9: .The five EDF directors also hold management positions within the various parent entities under EDF SA.CERTIFICATION I CERTIFY that the entries made by me above are true, complete, and correct to the best of my knowledge and belief and are made in good faith.WITNESSES:

A~~fl(9at eretI'o By V n (gnatu o(AutAorizedrlontractor Representative)

Constellation Energy Nuclear Group, LLC (Typed Name'ofContractor)

Chief Nuclear~officer NOTE: In case of a corporation, a witness is not required but the Chief ________________

certificate below must be completed.

Type or print names.under (Title of Authorized Contractor Representative) all signatures.

100 Constellation Way, Suite 200C, Baltimore, MD 21202 (Address)NOTE: Contractor, if a corporation, should cause the following certificat4 to be executed under its corporate seal, provided that the same officer shall not execute both the Agreement and the Certificate.

CERTIFICATE I, Carey W. Fleming certify that I am the Senior Legal Counsel of the corporation named as Contractor herein; that Mary G. Korsnick who signed this certificate on behalf.of the Contractor, was then Chief Nuclear Officer of said corporation; that said certificate was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

t) \~; ateoI)C (Corporate Seal)STANDARD FORM 328 (BACK) (Revised 612008)

ATTACHMENT (2)LISTS OF OFFICERS AND DIRECTORS Constellation Energy Nuclear Group, LLC August 16, 2010 List ALL Owners, Officers, Directors, and Executive Personnel (OODEPs)Page I of 2 Company's Current Legal Name, Address, and Phone Number of Company's Principal Executive Offices: Other names used (e.g., doing business as): Date Submitted:

August 16, 2010 Constellation Energy Nuclear Group, LLC 100 Constellation Wav. Suite 1700P Tax Identification No. 52-2207617 Date Company was Incorporated:

10/22/2009 Baltimore, MD 21202 S410- 470-2877 State of Incorporation:

Maryland (Must provide any name or address change of the Company's principal executive office and date(s) of change during past 10 years on the Attachment page.)Organization Status: NAME POSITION TITLES IF OWNER, SSN CLEARANCE HELD AND/OR CITIZENSHIP

% OF OWNERSHIP 2 BEING OBTAINED AND First Name, Initial, Last Name ISSUING AGENCY SEE ATTACHED LIST 1 The above information, i.e., name, titles, etc., must be provided for the following: (a) the proprietor of a sole proprietorship; (b) all individuals managing the business affairs of a corporation.

In most cases, these individuals are identified in the Articles of Incorporation or By-Laws and include the Board of Directors, President, Secretary, and Treasurer;(c) the General Partner(s) of a Limited Partnership; and (d) all partners of a General Partnership.

2 In addition, privately-held entities must provide the above information, i.e., name, titles, etc., for all owners, and also Vide the percefft.

ge Vf'sued stock/shares held by each owner.List certified correct by: MaryChief Nuclear Officer August 16 2010 Typed or Printed Name ant Sig jure Title Date Page 2 of 2 ATTACHMENT TO OODEP FORM CONSTELLATION ENERGY NUCLEAR GROUP, LLC Tax ID No.: 52-2207617 Name Position Titles SSN Citizenship Clearance Held and/or Being Obtained and Issuing Agency Henry B. Barron President, Chief Executive USA L, NRC Officer, Director Michael J. Wallace Director

• USA L, NRC Kathleen W. Hyle Director

• USA None Charles A. Berardesco Director

• USA None Jonathan W. Thayer Director

• USA None Jean-Pierre Benqu6 Director

• France None Stdphane Ramon Director

• France None Jacques Regaldo Director

• France None Jacques Sacreste Director

• France None Jean-Paul Palma Director

• France None Mary G. Korsnick Senior Vice President,

• USA L, NRC Chief Nuclear Officer Simone Rossi Senior Vice President

• Italy None Joel-Louis-Joseph Dogue Senior Vice President

• France None Susan Collins Senior Vice President

• USA None Steven L. Miller Senior Vice President

• USA None Stephen A. Mormann Vice President

• - USA None John T Carlin Vice President

• USA None James A; Spina Vice President

• USA L, NRC Samuel L. Belcher Vice President

• USA None George Gellrich Vice President

• USA None List ALL Owners, Officers, Directors, and Executive Personnel (OODEPs)Page I of 2 Company's Current Legal Name, Address, and Phone Number of Company's Principal Executive Offices: Other names used (e.g., doing business as): Date Submitted:

August 16, 2010 Constellation Nuclear Power Plants, LLC 100 Constellation Way. Suite 1700P Tax Identification No. 52-2303009 Date Company was Incorporated:

10/16/2009-Baltimore, MD 21202 State of Incorporation:

Delaware (Must provide any name or address change of the Company's principal executive office and date(s) of change during past 10 years on the Attachment page.)Organization Status:-- Corporation E Sole Proprietorship Partnership:

L. General -Other: Limited Liability Company Limited Member Managed (i.e., no Directors)

Stock Ownership:

I E- Privately-Owned El Publicly-Traded Subsidiary of: Constellation Energv Nuclear Group, LLC I NAME POSITION TITLES IF OWNER, SSN CLEARANCE HELD AND/OR CITIZENSHIP

% OF OWNERSHIP 2 BEING OBTAINED AND First Name, Initial, Last Name ISSUING AGENCY SEE ATTACHED LIST 1 The above information, i.e., name, titles, etc., must be provided for the following: (a) the proprietor of a sole proprietorship; (b) all individuals managing the business affairs of a corporation.

In most cases, these individuals are identified in the Articles of Incorporation or By-Laws and include the Board of Directors, President, Secretary, and Treasurer;(c) the General Partner(s) of a Limited Partnership; and (d) all partners of a General Partnership.

2 In addition, privately-held entities must provide the above information, i.e., name, titles, etc., for all owners, and also p idI the percerg e rfliued stock/shares held by each owner.List certified correct by: Mary G. Korsnick IVa(OLa, W,.A-, j14 k hief Nuclear Officer August 16, 2010 Typed or Printed Name and Sig 5 Mre I '-Title Date Page 2 of 2 ATTACHMENT TO OODEP FORM CONSTELLATION NUCLEAR POWER PLANTS, LLC Tax ID No.: 52-2303009 Name Position Titles SSN Citizenship Clearance Held and/or Being Obtained and Issuing Agency Henry B. Barron President

• USA L, NRC Simone Rossi Treasurer

• Italy None Stephen A. Mormann Assistant Treasurer

• USA None Steven L. Miller Secretary

• USA None Carey W. Fleming Assistant Secretary

• USA None* Social security numbers for individuals are considered private information and are not provided.

List ALL Owners, Officers, Directors, and Executive Personnel (OODEPs)Page I of 2 Company's Current Legal Name, Address, and Phone Number of Company's Principal Executive Offices: Other names used (e.g., doing business as): Date Submitted:

August 16, 2010 Calvert Cliffs Nuclear Power Plant, LLC 100 Constellation Way, Suite 1700P Tax Identification No. 80-0493288 Date Company was Incorporated:

10/29/2009 Baltimore, MD 21202 410-495-5200 State of Incorporation:

Mayland (Must provide any name or address change of the Company's principal executive office and date(s) of change during past 10 years on the Attachment page.)Organization Status:[] Corporation Sole Proprietorship Partnership:

E], General [ Other: Limited Liability Company U Limited Member Managed (i.e., no Directors)

Stock Ownership:

I Privately-Owned E Publicly-Traded Subsidiary of: Constellation Nuclear Power Plants, LLC NAME POSITION TITLES IF OWNER, SSN CLEARANCE HELD AND/OR CITIZENSHIP

%,OF OWNERSHIP 2 BEING OBTAINED AND First Name, Initial, Last Name ISSUING AGENCY SEE ATTACHED LIST I The above information, i.e., name, titles, etc., must be provided for the following: (a) the proprietor of a sole proprietorship; (b) all individuals managing the business affairs of a corporation.

In most cases, these individuals are identified in the Articles of Incorporation or By-Laws and include the Board of Directors, President, Secretary, and Treasurer;(c) the General Partner(s) of a Limited Partnership; and (d) all partners of a General Partnership.

2 In addition, privately-held entities must provide the above information, i.e., name, titles, etc., for all owners, and also r v' e the per tale issued stock/shares held by each owner.List certified correct by: Mary G. Korsnick 'v/ -hief Nuclear Officer August 16, 2010 Typed or Printed Name and Siyature Title Date Page 2 of 2 ATTACHMENT TO OOPEP FORM CALVERT CLIFFS NUCLEAR POWER PLANT, LLC.Tax ID No.: 80-0493288 Name Position Titles SSN Citizenship Clearance Held and/or Being Obtained and Issuing Agency Henry B. Barron President

• USA L, NRC George H. Gellrich Vice President

• USA None Simone Rossi Treasurer

• Italy None Stephen A. Mormann Assistant Treasurer

• USA None Steven L. Miller Secretary

• USA None Carey W. Fleming Assistant Secretary

• USA None* Social Security numbers for individuals are considered private information and are not provided.

List ALL Owners, Officers, Directors, and Executive Personnel (OODEPs)Page I of 2 Company's Current Legal Name, Address, and Phone Number of Company's Principal Executive Offices: Other names used (e.g., doing business as): Tax Identification No. 52-230344 Date Submitted:

August 16, 2010 Nine Mile Point Nuclear Station, LLC 100 Constellation Way, Suite 200 Baltimore, MD 21202 Date Company was Incorporated:

03/15/2001 315-349-5200 State of Incorporation:

Delaware (Must provide any name or address change of the Company's principal executive office and date(s) of change during past 10 years on the Attachment page.)Organization Status: L] Corporation L Sole Proprietorship Partnership:

LI General Other: Limited Liability Company LI Limited Member Managed (i.e., no Directors)

Stock Ownership:

[ Privately-Owned 0 Publicly-Traded Subsidiary of: Constellation Nuclear Power Plants, LLC NAME POSITION TITLES IF OWNER, SSN CLEARANCE HELD AND/OR CITIZENSHIP

% OF OWNERSHIP 2 BEING OBTAINED AND First Name, Initial, Last Name ISSUING AGENCY SEE ATTACHED LIST The above information, i.e., name, titles, etc., must be provided for the following: (a) the proprietor of a sole proprietorship; (b) gal individuals managing the business affairs of a corporation.

In most cases, these individuals are identified in the Articles of Incorporation or By-Laws and include the Board of Directors, President, Secretary, and Treasurer;(c) the General Partner(s) of a Limited Partnership; and (d) all partners of a General Partnership.

2 In addition, privately-held entities must provide the above information, i.e., name, titles, etc., for all owners, and also de the pe taf / issued stock/shares held by each owner.List certified correct by: G. Korsnick .l Officer August 16. 2010 Typed or Printed Name and 'Ug-ifature Title Date Page 2 of 2 ATTACHMENT TO OODEP FORM NINE MILE POINT NUCLEAR STATION, LLC Tax ID No.: 52-2303044 Name Position Titles SSN Citizenship Clearance Held and/or Being Obtained and Issuing Agency Henry B. Barron President

• USA L, NRC Samuel L. Belcher Vice President

• USA None Simone Rossi Treasurer

• Italy None Stephen A. Mormann Assistant Treasurer

• USA None Steven L. Miller Secretary

• USA None Carey W. Fleming Assistant Secretary

• USA None* Social security numbers for individuals are considered private information and are not provided.

Page 1 of 2 List ALL Owners, Officers, Directors, and Executive Personnel (OODEPs)Company's Current Legal Name, Address, and Phone Number of Company's Principal Executive Offices: Other names used (e.g., doing business as): Date Submitted:

August 16, 2010 R.E. Ginna Nuclear Power Plant, LLC 100 Constellation Way, Suite 1700P Tax Identification No. 45-0529386 Date Company was Incorporated:

12/11/2003 Baltimore, MD 21202 585-771-5200 State of Incorporation:

Maryland (Must provide any name or address change of the Company's principal executive office and date(s) of change during past 10 years on the Attachment page.)Organization Status:[ Corporation Sole Proprietorship Partnership:

F] General [ Other: Limited Liability Company j-- Limited Member Managed (i.e., no Directors)

Stock Ownership:

L -- Privately-Owned I Publicly-Traded Subsidiary of: Constellation Nuclear Power Plants, LLC ]NAME POSITION TITLES IF OWNER, SSN CLEARANCE HELD AND/OR CITIZENSHIP

% OF OWNERSHIP 2 BEING OBTAINED AND First Name, Initial, Last Name ISSUING AGENCY SEE ATTACHED LIST I The above information, i.e., name, titles, etc., must be provided for the following: (a) the proprietor of a sole proprietorship; (b) All individuals managing the business affairs of a corporation.

In most cases, these individuals are identified in the Articles of Incorporation or By-Laws and include the Board of Directors, President, Secretary, and Treasurer;(c) the General Partner(s) of a Limited Partnership; and (d) all partners of a General Partnership.

2 In addition, privately-held entities must provide the above information, i.e., name, titles, etc., for all owners, and also provi the percenP e 1'f .1ued stock/shares held by each owner.List certified correct by: Mary G. Korsnick VV( t4 ,..1

• J ChiefNuclearOfficer Auustl 6. 2010 Typed or Printed Name and Sigriature I Title Date Page 2 of 2 ATTACHMENT TO OODEP FORM R.E. GINNA NUCLEAR POWER PLANT, LLC.Tax ID No.: 45-0529386 Name Position Titles SSN Citizenship Clearance Held and/or Being Obtained and Issuing Agency Henry B. Barron President

• USA L, NRC John T. Carlin Vice President

• USA None Simone Rossi Treasurer

• Italy None Stephen A. Mormann Assistant Treasurer

• USA None Steven L. Miller Secretary

• USA None Carey W. Fleming Assistant Secretary

• USA None* Social security numbers for individuals are considered private information and are not provided.