[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Notices]
[Pages 71561-71562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6634]


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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 Corporate Restructuring and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the 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 No. NPF-76 and Facility 
Operating License No. NPF-80 for the South Texas Project, Units 1 and 2 
(STP), respectively, to the extent currently held by Texas Genco, LP 
(Texas Genco). The City Public Service Board of San Antonio, and the 
City of Austin, Texas, co-own the units with Texas Genco but are not 
involved in this proposed action. STP Nuclear Operating Company 
(STPNOC) is authorized to act for the owners, and has exclusive 
responsibility and control over the physical construction, operation, 
and maintenance of STP.
    STP Nuclear Operating Company, acting on behalf of Texas Genco and 
NRG Energy, Inc. (NRG Energy), has requested that the Commission 
consent to the indirect transfer of control of Texas Genco's 44 percent 
interest in STP. NRG Energy and Texas Genco LLC have entered into a 
definitive agreement for NRG Energy to acquire all of the outstanding 
equity of Texas Genco LLC, which indirectly owns 100 percent of Texas 
Genco. Texas Genco and NRG Energy seek NRC consent to the indirect 
transfer of control of the licenses to the extent held by Texas Genco 
that will result from NRG Energy's acquisition of Texas Genco LLC.
    In addition to its 44 percent undivided ownership interests in STP, 
Texas Genco holds a corresponding interest in STPNOC, a not-for-profit 
Texas corporation, which is the licensed operator of STP. Approval of 
the indirect transfer of control of the licenses to the extent held by 
STPNOC is also requested to the extent such approval is necessary. No 
physical changes to STP or operational changes are being proposed in 
the application.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give 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 hold 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 amendment, 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, and written comments with regard to the license transfer 
application, are discussed below.
    Within 20 days from the date of publication of this notice, 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 C ``Rules of General Applicability: 
Hearing Requests, Petitions to Intervene, Availability of Documents, 
Selection of Specific Hearing Procedures, Presiding Officer Powers, and 
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR 
Part 2. In particular, such requests and petitions must comply with the 
requirements set forth in 10 CFR 2.309. Untimely requests and petitions 
may be denied, as provided in 10 CFR 2.309(c)(1), 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 2.309(c)(1)(i)-(viii).
    Requests for a hearing and petitions for leave to intervene should 
be served upon counsel for STPNOC, Mr. John E. Matthews at Morgan, 
Lewis & Bockius, LLP, 1111 Pennsylvania Avenue, NW., Washington, DC 
20004 (tel: 202-739-5524; fax: 202-739-3001; e-mail: 
[email protected]); counsel

[[Page 71562]]

for NRG Energy, Dr. William R. Hollaway at Skadden, Arps, Slate, 
Meagher & Flom LLP, 1440 New York Avenue, Washington, DC 20005 (tel: 
202-371-7819; fax: 202-371-7939; e-mail: [email protected]); and 
counsel for Texas Genco, Mr. Nicholas S. Reynolds at Winston and 
Strawn, LLP, 1700 K Street, NW., Washington, DC 20006-3817 (tel: 202-
282-5717; fax: 202-282-5100; e-mail: [email protected]); the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001 (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 2.302 
and 2.305.
    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, within 30 days from the date of publication of this notice, 
persons may submit written comments regarding the license 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 October 14, 2005, available for public inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible 
electronically 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/adams.html. Persons who do 
not have access to ADAMS or who encounter problems in 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 21st day of November 2005.

    For The Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV , Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E5-6634 Filed 11-28-05; 8:45 am]
BILLING CODE 7590-01-P