[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Notices]
[Pages 67368-67370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25459]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]
STP Nuclear Operating Company, et al.; South Texas Project, Units
1 and 2; Notice of Consideration of Approval of Application Regarding
Proposed Acquisition and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an order under Section 50.80 of Title 10 of the
Code of Federal Regulations (10 CFR) approving the indirect transfer of
Facility Operating License Nos. NPF-76 and NPF-80 for South Texas
Project (STP), Units 1 and 2, respectively, to the extent held by Texas
Genco, LP (Texas Genco).
The application requests the consent of the NRC to the proposed
indirect transfer of control of the STP, Units 1 and 2, licenses to the
extent held by Texas Genco by virtue of the transfer of ownership of
approximately 81 percent of the stock of Texas Genco's indirect parent
company, Texas Genco Holdings Inc. (TGN), from CenterPoint Energy,
Inc., (CenterPoint Energy) to GC Power Acquisitions, LLC (GC Power).
Texas Genco is an indirect subsidiary of TGN and TGN is an indirect
subsidiary of CenterPoint Energy. The transaction would result in the
indirect transfer of control of Texas Genco's 30.8 percent undivided
ownership interest in STP, Units 1 and 2. In addition to its 30.8
percent undivided ownership interest in STP, Units 1 and 2, Texas Genco
holds a corresponding 30.8 percent interest in STP Nuclear Operating
Company (STPNOC), a not-for-profit Texas corporation, which is the
licensed operator of STP, Units 1 and 2. The application further
requests, as necessary, approval of the indirect transfer of control of
this 30.8 percent interest in STPNOC, to the extent such indirect
transfer would result in an indirect transfer of the licenses as held
by STPNOC, thereby requiring NRC approval.
(According to the application, Texas Genco's 30.8 percent ownership
interest is expected to increase as a result of Texas Genco's
exercising its right of first refusal under the Amended and Restated
South Texas Project Participation Agreement, pursuant to which Texas
Genco has entered into a Purchase and Sale Agreement dated September 3,
2004, to acquire an additional 13.2 percent undivided ownership
interest in STP, Units 1 and 2, from AEP Texas Central Company. This
acquisition would result in an
[[Page 67369]]
increase in Texas Genco's ownership interest in STP, Units 1 and 2, and
related interest in STPNOC to 44 percent. This transaction will be
addressed in a separate application and is not the subject of this
notice.)
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 indirect transfer of a license, if the Commission
determines that the proposed transaction effectuating the indirect
transfer will not affect the qualifications of 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 Order, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The filing of requests for hearing and petitions for leave to
intervene with regard to the license transfer application, are
discussed below.
Within 20 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
for a hearing and a petition for leave to intervene. Requests for a
hearing and petitions for leave to intervene shall be filed in
accordance with the Commission's rules of practice set forth in Subpart
M, ``Hearing Requests and Procedures for Hearings on License Transfer
Applications,'' of 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309, which is available at the Commission's
Public Document Room (PDR), located at One White Flint North, Public
File Area 01F21, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records will be accessible from the
Agencywide Documents Access and Management System's (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. (Note: Public access to
ADAMS has been temporarily suspended so that security reviews of
publicly available documents may be performed and potentially sensitive
information removed. Please check the NRC Web site for updates on the
resumption of ADAMS access.) If a request for a hearing or petition for
leave to intervene is filed within 20 days after the date of
publication of this notice, the Commission or a presiding officer
designated by the Commission or by the Chief Administrative Judge of
the Atomic Safety and Licensing Board Panel, will rule on the request
and/or petition; and the Secretary or the Chief Administrative Judge of
the Atomic Safety and Licensing Board will issue a notice of a hearing
or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestors/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner/
requestor intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner/requestor is aware and on
which the petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner/requestor to relief. A petitioner/
requestor who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
A request for a hearing or a petition for leave to intervene must
be filed by: (1) First class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff; (3) e-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, [email protected];
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A copy of the request for hearing and
petition for leave to intervene should also be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and it is requested that copies be transmitted either by
means of facsimile transmission to (301) 415-3725 or by e-mail to
[email protected]. A copy of the request for hearing and petition
for leave to intervene should also be sent to Mr. John E. Matthews,
Morgan, Lewis, & Bockius, LLP, 1111 Pennsylvania Avenue, NW.,
Washington, DC 20004, attorney for the licensee.
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.
For further details with respect to this action, see the
application dated October 12, 2004, of which a nonproprietary version
is available for public inspection at the Commission's PDR, located at
One White Flint North,
[[Page 67370]]
Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland, and accessible electronically through the Agencywide
Documents Access and Management System (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams/html. (Note: Public access to ADAMS has been
temporarily suspended so that security reviews of publicly available
documents may be performed and potentially sensitive information
removed. Please check the NRC Web site for updates on the resumption of
ADAMS access.) Persons who don't have access to ADAMS or who encounter
problems accessing the documents located in ADAMS, should contact the
NRC PDR Reference staff by telephone at 1-800-397-4209, (301) 415-4737,
or by e-mail to [email protected].
Dated at Rockville, Maryland this 10th day of November 2004.
For the Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-25459 Filed 11-16-04; 8:45 am]
BILLING CODE 7590-01-P