[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Page 33075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13255]



[Docket No. 50-244]

Rochester Gas and Electric Corporation (R.E. Ginna Nuclear Power 
Plant); Order Modifying May 28, 2004, Order Approving Transfer of 
License and Conforming Amendment


    Rochester Gas and Electric Corporation (RG&E) is the holder of 
Renewed Facility Operating License No. DPR-18, which authorizes the 
operation of R.E. Ginna Nuclear Power Plant (Ginna) at steady-state 
power levels not in excess of 1520 megawatts thermal. The facility is 
located on the south shore of Lake Ontario, in Wayne County, New York. 
The license authorizes Ginna to possess, use, and operate the facility.


    By Order dated May 28, 2004, the Nuclear Regulatory Commission (NRC 
or the Commission) approved the transfer of the license for Ginna from 
RG&E to R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC), a subsidiary 
of Constellation Generation Group, LLC (CGG). Condition III.(2) of the 
May 28, 2004, Order specified that on the closing date Ginna LLC shall 
obtain from RG&E a minimum of $201.6 million for decommissioning 
funding assurance for the facility. This amount was based on a June 30, 
2004, closing date. By letter dated June 2, 2004, CGG and RG&E informed 
the NRC that the closing would occur on June 10, 2004. According to a 
June 3, 2004, submittal from CGG, the minimum amount that Ginna LLC 
will obtain from RG&E, based on a June 10, 2004, closing date, is 
$200,791,928 under the terms of the agreement of sale between RG&E and 
Ginna LLC.


    Accordingly, pursuant to sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and 2234; 
and 10 CFR 50.80, it is hereby ordered that Condition III.(2) of the 
Order Approving Transfer of License and Conforming Amendment dated May 
28, 2004, is modified to state:

    On the closing date of the transfer of Ginna, Ginna LLC shall 
obtain from RG&E the greater of (1) $200,791,928 or (2) the amount 
necessary to meet the minimum formula amount under 10 CFR 50.75 
calculated as of the date of closing for decommissioning funding 
assurance for the facility, and ensure the deposit of such funds 
into a decommissioning trust for Ginna established by Ginna LLC.

    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated December 16, 2003, and supplemental letters from RG&E 
dated March 26, and April 30, 2004, and from CGG dated February 27, 
April 30, May 24, June 2, and June 3, 2004, and the Order and Safety 
Evaluation dated May 28, 2004, which are available for public 
inspection at the Commission's Public Document Room, located at One 
White Flint North, File Public Area O1F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland, and accessible electronically through the 
Agencywide Documents Access and Management System (ADAMS) Public 
Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).

    Dated in Rockville, Maryland, this 4th day of June, 2004.

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 04-13255 Filed 6-10-04; 8:45 am]