[Federal Register Volume 72, Number 131 (Tuesday, July 10, 2007)]
[Notices]
[Pages 37546-37547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13358]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]
STP Nuclear Operating Company; South Texas Project, Units 1 and
2; Notice of Consideration of Approval of Application Regarding
Proposed Indirect Transfer of Control of Facility Operating Licenses,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission, NRC) is
considering the issuance of an order under 10 CFR 50.80 approving the
indirect transfer of control of Facility Operating Licenses, numbered
NPF-76 and NPF-80, for the South Texas Project (STP), Units 1 and 2,
respectively, to the extent owned by NRG South Texas LP (NRG South
Texas).\1\
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\1\ On June 29, 2007, the NRC granted an amendment request
changing the name of one of the licensees from Texas Genco, LP, to
NRG South Texas LP.
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STP Nuclear Operating Company (STPNOC), acting on behalf of itself
and NRG South Texas and its corporate parent, NRG Energy Inc. (NRG
Energy), requests that the NRC consent to the indirect transfer of
control of STP, Units 1 and 2, licenses to the extent owned by NRG
South Texas. NRG South Texas owns 44 percent of STP, Units 1 and 2. NRG
Energy plans to reorganize its corporate structure by creating a new
publicly-held holding company (NRG HoldCo) that will become the parent
company for NRG Energy and its subsidiaries. NRG Energy is seeking NRC
consent to the indirect transfer of control of its licenses that result
from the establishment of NRG HoldCo. In addition to its 44 percent
undivided ownership interest in STP, Units 1 and 2, NRG South Texas
holds a corresponding interest in STPNOC, a not-for-profit Texas
corporation, which is the licensed operator of STP, Units 1 and 2.
Thus, the indirect transfer of control of NRG South Texas also results
in the indirect transfer of this interest in STPNOC. STPNOC states that
this is not a controlling interest in STPNOC and, therefore, there will
be no indirect transfer of STPNOC's licenses to operate on behalf of
the owners. The applicant indicates that if the NRC concludes that
indirect transfer of control of NRG South Texas' interest in STPNOC
requires prior NRC consent, it requests such consent.
According to an application for approval filed by STPNOC, in
connection with the NRG Energy plans to reorganize its corporate
structure by operating a new publicly-held holding
[[Page 37547]]
company that will become the parent company for NRG Energy and its
subsidiaries, the current licensee will continue to operate the
facility and hold the licenses.
No physical changes to STP, Units 1 and 2, facilities 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 indirect
transfer of a license, if the Commission determines that the proposed
restructuring 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.
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 counsel for STPNOC and NRG Energy, Mr. John
E. Matthews at Morgan, Lewis & Bockius, LLP, 1111 Pennsylvania Avenue,
NW., Washington, DC 20004 (tel: 202-739-5524, fax: 202-793-3001; 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 May 3, 2007, available for public inspection at the
Commission's Public Document Room (PDR), located at One White Flint
North, Public File Area O1F21, 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 3rd day of July 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. E7-13358 Filed 7-9-07; 8:45 am]
BILLING CODE 7590-01-P