[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Pages 32685-32686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2929]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445 and 50-446]
TXU Generation Company LP Comanche Peak Steam Electric Station,
Units 1 and 2; Notice of Consideration of Approval of Application
Regarding Proposed Indirect Transfer of Control of Facility Operating
Licenses and Conforming License Amendments, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 50.80 approving the
indirect transfer of the Facility Operating Licenses numbered NPF-87
and NPF-89, for the Comanche Peak Steam Electric Station, Units 1 and 2
(CPSES) currently held by TXU Generation Company LP, as owner and
licensed operator of CPSES. The Commission is also considering amending
the licenses for administrative purposes to reflect a proposed name
change.
According to an application for approval filed by TXU Generation
Company LP, acting on behalf of itself and Texas Energy Future Holdings
Limited Partnership (Texas Energy LP), the applicants are requesting
consent to indirect transfer of control of TXU Generation Company LP's
operating licences for CPSES, in connection with the acquisition of TXU
Corporation by Texas Energy LP. TXU Corporation is the indirect owner
of TXU Generation Company LP.
No physical changes to the CPSES facility or operational changes
are being proposed in the application.
In connection with the indirect change of control, and the plans of
Texas Energy LP to clarify the distinctions between TXU Corporation's
state-regulated transmission and distribution business and its other
businesses, TXU Generation Company LP will be converted to a limited
liability company and renamed Luminant Generation Company LLC.
Therefore, TXU Generation Company LP has requested proposed conforming
amendments to Facility Operating License Nos. NPF-87 and NPF-89 that
would replace references to TXU Generation Company LP in the license
with references to Luminant Generation Company LLC.
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
[[Page 32686]]
Commission will approve an application for the indirect transfer of a
license, if the Commission determines that the proposed acquisition
will not affect the qualifications of the licensee 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 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.
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 TXU Generation Company LP, Mr. Timothy
Matthews at Morgan, Lewis & Bockius, LLP, 1111 Pennsylvania Avenue,
NW., Washington, DC 20004 (tel: 202-739-5527, fax: 202-793-3001, e-
mail: [email protected]), and counsel for Texas Energy LP, Dr.
Richard A. Meserve at Covington & Burling LLP, 1201 Pennsylvania Ave.
NW., Washington, DC 20004 (tel: 202-662-5304, fax: 202-662-5304, fax:
202-778-5304, 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 April 18, 2007, 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, or 301-415-4737 or by e-mail to
[email protected].
Dated at Rockville, Maryland this 7th day of June, 2007.
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. 07-2929 Filed 6-12-07; 8:45 am]
BILLING CODE 7590-01-P