[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Notices]
[Pages 61691-61692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21433]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499; License Nos. NPF-76 and NPF-80]
In the Matter of NRG South Texas LP, STP Nuclear Operating
Company, (South Texas Project, Units 1 and 2); Order Approving Indirect
Transfer of Facility Operating Licenses
I
NRG South Texas LP (NRG South Texas) is a co-holder of the Facility
Operating Licenses numbered NPF-76 and NPF-80, which authorize the
possession, use, and operation of South Texas Project (STP), Units 1
and 2, respectively. The facilities are located in southwest Matagorda
County, Texas, which is approximately 12 miles south-southwest of Bay
City and 10 miles north of Matagorda Bay. STP is jointly owned by three
entities: NRG South Texas, 44 percent; City of Public Service Board of
San Antonio, 40 percent; and City of Austin, Texas, 16 percent. In
addition, these entities each hold a corresponding percentage interest
in STP Nuclear Operating Company (STPNOC), which operates STP.
II
By application dated May 3, 2007, as supplemented by electronic
mail dated June 28, 2007, and letters dated July 23 and October 3,
2007, STPNOC, on behalf of NRG Energy, Inc. (NRG Energy), and NRG South
Texas LP, requested that the U.S. Nuclear Regulatory Commission (NRC,
[[Page 61692]]
Commission), pursuant to Section 50.80 of Title 10 of the Code of
Federal Regulations (10 CFR), consent to the proposed indirect transfer
of control of the STP licenses to the extent held by NRG South Texas
with respect to its ownership interest in STP. Currently, NRG Energy is
the indirect owner of 100 percent of NRG South Texas. Under a proposed
corporate restructuring, a new holding company, NRG Holdings, Inc.,
will be created. NRG Energy will become a direct wholly-owned
subsidiary of NRG Holdings, Inc. Accordingly, NRG Holdings, Inc. will
acquire indirect control of the licenses for STP to the extent
currently held by NRG South Texas. In addition, NRG Holdings, Inc. will
become an indirect co-owner of STPNOC, with respect to the interest in
STPNOC currently held by NRG South Texas. To the extent the proposed
corporate restructuring would thus result in the indirect transfer of
control of the STP licenses as held by STPNOC, prior NRC consent was
also requested.
Notice of the requests for approval and an opportunity for a
hearing was published in the Federal Register on July 10, 2007 (72 FR
37546). No comments or hearing requests were received.
Pursuant to 10 CFR 50.80(a), 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. Upon review of the information in the application as
supplemented and other information before the Commission, and relying
upon the representations and agreements in the application as
supplemented, the NRC staff concludes that the proposed indirect
transfer of control of NRG South Texas to NRG Holdings, Inc. as
described herein will not affect the qualifications of NRG South Texas
as holder of the STP licenses to the extent now held by it, and that
the indirect transfer of control of the licenses, to the extent
effected by the proposed transaction described in the application, is
otherwise consistent with applicable provisions of law, regulations,
and orders issued by the NRC pursuant thereto. The NRC staff further
concludes that, to the extent the proposed indirect transfer of control
of NRG South Texas would result in an indirect transfer of control of
the STP licenses as held by STPNOC, such proposed indirect transfer of
control of NRG South Texas will not affect the qualifications of STPNOC
to hold the STP licenses, and such indirect transfer of control of the
licenses as held by STPNOC is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission
pursuant thereto.
The findings set forth above are supported by a safety evaluation
dated October 22, 2007.
III
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and 2234;
and 10 CFR 50.80, it is hereby ordered that the application regarding
the indirect license transfers related to the proposed establishment of
NRG Holdings, Inc. is approved, subject to the following condition:
Should the indirect transfer of control of NRG South Texas to
NRG Holdings, Inc. not be completed within one year from the date of
this Order, this Order shall become null and void, provided,
however, upon written application and good cause shown, such date
may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the application
dated May 3, 2007, and supplemental electronic mail dated June 28,
2007, and letters dated July 23 and October 3, 2007, and the safety
evaluation dated October 22, 2007, which are available for public
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland and accessible electronically from
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 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 22nd day of October, 2007.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E7-21433 Filed 10-30-07; 8:45 am]
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