[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