[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 76019-76021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27732]


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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 Transfer of 
Facility Operating Licenses and Conforming Amendments 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 direct 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 AEP 
Texas Central Company (TCC). The Commission is further considering 
amending the licenses for administrative purposes to reflect the 
proposed transfer, including removing references to TCC in the 
licenses.
    The application requests the consent of the NRC to the proposed 
direct transfer of the STP, Units 1 and 2, licenses to the extent held 
by TCC by virtue of the direct transfer of TCC's 25.2 percent undivided 
ownership interest in STP, Units 1 and 2 (TCC's ownership interest in 
STP) to STP co-owners Texas Genco, LP (Texas Genco) and/or City Public 
Service Board of San Antonio (CPS). According to the application, it is 
currently anticipated that the following proportionate shares of TCC's 
ownership interest in STP will be transferred to Texas Genco and CPS: a 
13.2 percent undivided ownership interest to Texas Genco and a 12 
percent undivided ownership interest to CPS. If, however, the transfer 
to either Texas Genco or CPS fails to take place, the party whose 
transfer has not failed to take place will be obligated, subject to the 
terms and conditions of a September 3, 2004, Purchase and Sale 
Agreement between TCC, CPS, and Texas Genco (Purchase and Sale 
Agreement), to purchase all of TCC's ownership interest in STP.
    (In a separate but parallel action, an October 12, 2004, 
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

[[Page 76020]]

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, or greater interest if the direct 
transfer described herein, to Texas Genco, has been consummated. 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.)
    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 direct transfer of a license if the Commission 
determines that the proposed transferee is qualified to hold the 
license, and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and orders issued by the Commission 
pursuant thereto.
    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 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/. 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: (1) Provide a brief explanation of the 
bases for the contention; (2) Demonstrate that the issue raised in the 
contention is within the scope of the proceeding; (3) Demonstrate that 
the issue raised in the contention is material to the findings the NRC 
must make to support the action that is involved in the proceeding; and 
(5) Provide 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. 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

[[Page 76021]]

transmission to 301-415-3725 or by email 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, 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. 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 14th day of December 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. 04-27732 Filed 12-17-04; 8:45 am]
BILLING CODE 7590-01-P