[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Notices]
[Pages 62641-62642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27802]
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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 (NRC or 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 Licenses Nos. NPF-76 and NPF-80 for
South Texas Project (STP), Units 1 and 2, respectively, to the extent
held by Texas Genco, LP (Texas Genco).
The application requests the consent of the NRC to the proposed
indirect transfer of control of the STP, Units 1 and 2, licenses by
virtue of the transfer of ownership of approximately 81 percent of the
stock of Texas Genco's parent company, Texas Genco Holdings Inc., from
CenterPoint Energy, Inc., to Reliant Resources, Inc. The transaction
would result in the indirect transfer of Texas Genco's 30.8 percent
undivided ownership interest in STP, Units 1 and 2. In addition to its
30.8 percent undivided ownership interest in STP, Units 1 and 2, Texas
Genco holds a corresponding 30.8 percent interest in STP Nuclear
Operating Company (STPNOC), a not-for-profit Texas corporation, which
is the licensed operator of STP, Units 1 and 2. The application further
requests, as necessary, approval of the indirect transfer of control of
this 30.8 percent interest in STPNOC, to the extent such indirect
transfer requires NRC approval by reason of the transaction described
above.
Pursuant to 10 CFR 50.80, no license shall be transferred, directly
or indirectly, through transfer of control of the license, unless the
Commission gives 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 Order, the Commission will have made
findings required by the Atomic Energy Act of 1954, as amended (the
Act), and the Commission's regulations.
[[Page 62642]]
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.
By December 5, 2003, 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 M, ``Public
Notification, Availability of Documents and Records, Hearing Requests
and Procedures for Hearings on License Transfer Applications,'' of 10
CFR part 2. In particular, such requests and petitions must comply with
the requirements set forth in 10 CFR 2.1306, and should address the
considerations contained in 10 CFR 2.1308(a). Untimely requests and
petitions may be denied, as provided in 10 CFR 2.1308(b), 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 2.1308(b)(1)-(2).
Requests for a hearing and petitions for leave to intervene should
be served upon: Mr. John E. Matthews, Morgan, Lewis & Bockius, LLP,
1111 Pennsylvania Avenue, NW., Washington, DC 20004, attorney for the
licensee; the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555 (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 2.1313.
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, by November 25, 2003, 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 September 29, 2003, a nonproprietary version of which
is 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 through the Agencywide Documents Access and Management
System (ADAMS) Public Electronic Reading Room link at the NRC Web site
http://www.nrc.gov/reading-rm/adams/html. If you do not have access to
ADAMS or if there are problems accessing the document located in ADAMS,
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or
send an e-mail to [email protected].
Dated at Rockville, Maryland, this 29th day of October 2003.
For the Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-27802 Filed 11-4-03; 8:45 am]
BILLING CODE 7590-01-P