Specific to New York, the petition states that the proposed transaction would not affect operation as the four New York nuclear generation units indirectly owned and operated by Exelon Generation (i.e., Nine Mile Point Nuclear Station Unit 1, Nine Mile Point Nuclear Station Unit 2, R.E. Ginna Nuclear Power Plant, and James A. FitzPatrick Nuclear Power Plant) (collectively, the Facilities). Petitioners assert that Exelon Generation would continue to have the requisite financial wherewithal and technical capability to own and operate the Facilities, and that the transfer would not diminish Exelon Generation’s commitment to its workforce, its host communities, and to working with the State of New York to deliver clean energy solutions.

Exelon Generation is licensed by the Nuclear Regulatory Commission (NRC) to operate all of the Facilities and would remain the NRC licensed operator responsible for decommissioning the Facilities. The Facilities also have Nuclear Decommissioning Trusts (NDTs), which contain funds to be used for the decommissioning and restoration of the sites in furtherance of the public interest.

The Commission seeks comment on whether the petition should be granted in whole or in part, whether any conditions should accompany a grant of the petition in whole or in part, and whether the Commission should take any other action related to the petition or the Petitioners. In particular, comment is sought regarding: (a) whether the proposed transfer should be reviewed pursuant to PSL § 70; (b) whether the Wallkill Presumption three-pronged test described in the petition is the appropriate standard for reviewing the proposed transfer pursuant to PSL § 70; and (c) whether the proposed transfer should be approved pursuant to PSL § 70, including whether the proposed transfer is in the public interest.

Commenters should consider addressing specific issues including, but not limited to: (a) the financial wherewithal of Exelon Generation and its subsidiaries to take ownership of the Facilities and the associated assets and liabilities and to take responsibility for decommissioning and site restoration at the Facilities; (b) the technical fitness of Exelon Generation and its subsidiaries to safely operate, decommission, and perform site restoration at the Facilities; (c) the adequacy of cost estimates and decommissioning and site restoration plans and the NDTs; (e) whether additional information or financial assurances are needed regarding site restoration; (f) risk of shortfalls or bankruptcy and means to address such risks and impacts on the trust funds, decommissioning, and site restoration; (g) the sufficiency of the petition and its Exhibits in addressing the Petitioners’ responsibilities under relevant laws, regulations, guidance, and orders, including, but not limited to, the Commission orders approving the sale or transfer of the Facilities and the Commission rulings approving lightened regulation for the Facilities; (h) the status of any money that may remain in the NDTs after decommissioning and site restoration is complete; (i) the potential impact the proposed reorganization may have on local taxing jurisdictions in the coming years and after the termination of the Facilities’ operating licenses; (j) management and storage of spent fuel; (k) emergency planning activities and interactions with emergency services agencies; and, (l) whether the proposed reorganization is in the public interest.

The full text of the petition and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole, in part, the action proposed and may also resolve related matters.

Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(21-E-0130SP1)