[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