[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Notices]
[Pages 49710-49711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24339]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498 and 50-499]


STP Nuclear Operating Company, South Texas Project, Units 1 and 
2; Notice of Consideration of Approval of Application of Central Power 
and Light Company Regarding Transfer of Facility Operating Licenses and 
Conforming Amendments and Opportunity for a Hearing

    The Nuclear Regulatory Commission (the Commission) is considering 
the issuance of an order under 10 CFR 50.80, approving the direct 
transfer of control of the 25.2 percent undivided ownership interest of 
Central Power and Light Company (CPL) in the South Texas Project 
Electric Generating Station (STPEGS), Units 1 and 2, under Facility 
Operating License Nos. NPF-76 and NPF-80, to an as yet unnamed Texas 
partnership (referred to in the application as CPL Genco LP); and, to 
the extent a direct transfer would result, CPL's 25.2 percent interest 
in STP Nuclear Operating Company (STPNOC), the licensed operator of 
STPEGS under the licenses, to CPL Genco LP. CPL is one of four joint 
owners of STPEGS under the licenses. CPL Genco LP will be indirectly 
wholly owned by American Electric Power Company, the parent company of 
CPL.
    The Commission is further considering amending the licenses for 
administrative purposes to reflect the proposed direct transfer of 
CPL's interest in STPEGS, including reflecting the company now referred 
to as CPL Genco LP as the licensee. According to an application for 
approval filed by STPNOC, acting on behalf of CPL, NRC will be provided 
with the actual name of the new company before the Commission can issue 
conforming administrative amendments.
    According to the application, following the proposed transfer, CPL 
Genco LP would possess a 25.2 percent undivided ownership interest in 
STPEGS under essentially the same conditions and authorizations as 
included in the existing NRC licenses for STPEGS, including the 
antitrust conditions, which would be retained. No physical or 
operational changes to STPEGS are being proposed, and STPNOC would at 
all times remain the licensed operator of the facility.
    Pursuant to 10 CFR 50.80, no license shall be transferred, directly 
or indirectly, through transfer of control of the license, unless the 
Commission gives its consent in writing. The Commission will approve an 
application for the transfer of a license, if the Commission determines 
that the proposed transferee is qualified to be the holder of the 
license, and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and orders issued by the Commission 
pursuant thereto.
    Before issuance of the proposed conforming license amendments, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    By October 18, 2001, any person whose interest may be affected by 
the Commission's action on the application may request a hearing and, 
if not the applicant, may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In addition, an 
untimely request or petition should address the factors that the 
Commission will also consider, in reviewing untimely requests or 
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon George L. Edgar, Morgan, Lewis and Bockius, LLP, 1800 M 
Street, NW, Washington, DC 20036-5869; telephone: 202-467-7459; fax: 
202-467-7176; email: [email protected]; the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555 (e-mail address for 
filings regarding license transfer cases only: [email protected]); and the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff, in accordance with 10 CFR 2.1313.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, by October 29, 2001, persons may submit written comments 
regarding the license

[[Page 49711]]

transfer application, as provided for in 10 CFR 2.1305. The Commission 
will consider and, if appropriate, respond to these comments, but such 
comments will not otherwise constitute part of the decisional record. 
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and should cite the publication date and page 
number of this Federal Register notice.
    For further details with respect to this action, see the 
application dated June 28, 2001, available for public inspection at the 
Commission's Public Document Room, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly 
available records will be accessible electronically from the Agencywide 
Documents Access and Management Systems (ADAMS) Public Electronic 
Reading Room on the internet at the NRC Web site, http://www.nrc.gov/ADAMS/index.html. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by email to [email protected].

    Dated at Rockville, Maryland this 21st day of September, 2001.

    For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Section 1, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-24339 Filed 9-27-01; 8:45 am]
BILLING CODE 7590-01-P