[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75333-75335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24247]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498, 50-499, and 72-1041; NRC-2023-0128]
In the Matter of STP Nuclear Operating Company and NRG South
Texas LP; South Texas Project, Units 1 and 2 and the Associated
Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Indirect transfer of licenses; order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving the application filed by STP Nuclear Operating Company,
acting on behalf of Constellation Energy Generation, LLC (CEG) and NRG
South Texas LP (NRG South Texas) and its parent companies, on June 12,
2023, as supplemented by letters dated August 31, 2023, and October 5,
2023. Specifically, the order approves the indirect transfer of
possession-only non-operating interests in Renewed Facility Operating
License Nos. NPF-76 and NPF-80 for South Texas Project (STP), Units 1
and 2, respectively, and its generally licensed independent spent fuel
storage installation from NRG South Texas to CEG and the issuance of
conforming amendments to the operating licenses.
DATES: The order was issued on October 30, 2023, and is effective for 1
year.
ADDRESSES: Please refer to Docket ID NRC-2023-0128 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0128. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The order, the NRC staff safety
evaluation supporting the order, and the draft conforming license
amendments are available at ADAMS Package Accession No. ML23279A022.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Galvin, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-6256; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated: October 30, 2023.
For the Nuclear Regulatory Commission.
Dennis J. Galvin,
Project Manager, Plant Licensing Branch IV, Division of Operator
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Approving Indirect Transfer of Licenses and
Conforming License Amendments
United States of America
Nuclear Regulatory Commission
In the Matter of: STP NUCLEAR OPERATING COMPANY AND NRG SOUTH TEXAS LP;
(South Texas Project, Units 1 and 2 and 72-1041; the Associated
Independent Spent Fuel Storage Installation)
Docket Nos. 50-498, 50-499, and
Renewed License Nos. NPF-76 and NPF-80
[[Page 75334]]
Order Approving Indirect Transfer of Licenses and Conforming License
Amendments
I.
STP Nuclear Operating Company (STPNOC) is the licensed operator for
the U.S. Nuclear Regulatory Commission (NRC, the Commission) Renewed
Facility Operating License Nos. NPF-76 and NPF-80 and the general
license for the independent spent fuel storage installation (ISFSI),
which authorize the possession, use, and operation of South Texas
Project (STP), Units 1 and 2 and the STP ISFSI, respectively
(collectively, the Facility). The Facility is located in Matagorda
County, Texas.
II.
Pursuant to title 10 of the Code of Federal Regulations (10 CFR)
section 50.80, ``Transfer of licenses,'' 10 CFR 50.90, ``Application
for amendment of license, construction permit, or early site permit,''
and 10 CFR 72.50, ``Transfer of license,'' and by application dated
June 12, 2023 (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML23163A176), as supplement by letters dated
August 31, 2023, and October 5, 2023 (ML23243B056 and ML23279A138,
respectively), STPNOC, acting on behalf of Constellation Energy
Generation, LLC (CEG) and NRG South Texas LP (NRG South Texas) and its
parent companies, requested that the NRC consent to the indirect
transfer of the possession-only non-operating interests in the NRC
licenses for the Facility from NRG South Texas to CEG and conforming
administrative amendments to the licenses to reflect the proposed
license transfer. NRG South Texas is one of three licensed owners of
the Facility, owning a 44 percent share of the Facility and holding
possession-only rights in the NRC licenses.
On July 19, 2023, the NRC published a notice of consideration of
approval of the application in the Federal Register (88 FR 46192). This
notice provided an opportunity to comment, request a hearing, and
petition for leave to intervene on the application. The NRC did not
receive any written comments in response to the notice. On July 31,
2023 (ML23212B247), the City of San Antonio, Texas acting by and
through the City Public Service Board of San Antonio (CPS Energy), a
Texas municipally-owned utility, and the City of Austin, Texas
(Austin), the other two licensed owners of the Facility, submitted a
motion to dismiss the license transfer application, a motion to stay
the proceedings and suspend NRC review of the application, and a
petition to intervene and request for hearing. CPS Energy owns a 40
percent share and Austin owns a 16 percent share of the Facility. CEG,
NRG South Texas, and STPNOC filed answers in opposition to the motions
and CEG and NRG South Texas filed answers in opposition to the hearing
request; CPS Energy and Austin supplemented their hearing request and
filed replies. These filings remain pending before the Commission. The
NRC staff reviewed and considered these filings as part of its
evaluation of the application.
Pursuant to 10 CFR 50.80, no license for a utilization facility, or
any right thereunder, shall be transferred, either voluntarily or
involuntarily, directly or indirectly, through transfer of control of
the license to any person, unless the Commission gives its consent in
writing. Pursuant to 10 CFR 72.50, no license or any part included in a
license issued under 10 CFR part 72 for an ISFSI shall be transferred,
either voluntarily or involuntarily, directly or indirectly, through
transfer of control of the license to any person, unless the Commission
gives 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 contained in the
application, the NRC staff has determined that CEG is qualified to
indirectly hold the licenses, to the extent described in the
application, and that the transfer of the licenses is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission pursuant thereto, subject to the condition set
forth below. The NRC also consents to NRG South Texas voiding and
canceling the existing April 11, 2006, and November 2, 2006, Support
Agreements upon closing of the proposed transaction and the transfer of
control to CEG.
Upon review of the information in the application, as supplemented,
for conforming administrative amendments to the operating licenses to
reflect the transfer, the NRC staff has determined that: (1) the
application for amendments complies with the standards and requirements
of the Atomic Energy Act of 1954, as amended (AEA), and the
Commission's rules and regulations set forth in 10 CFR Chapter I; (2)
the Facility will operate in conformity with the application, the
provisions of the AEA, and the rules and regulations of the Commission;
(3) there is reasonable assurance that the activities authorized by the
amendments can be conducted without endangering the health and safety
of the public and that such activities will be conducted in compliance
with the Commission's regulations; (4) the issuance of the amendments
will not be inimical to the common defense and security or to the
health and safety of the public; and (5) the issuance of the amendments
will be in accordance with 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
of the Commission's regulations and all applicable requirements have
been satisfied.
The findings set forth above are supported by an NRC staff safety
evaluation dated the same date as this order, which is available at
ADAMS Accession No. ML23279A048 (non-proprietary).
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the AEA,
42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 50.80, 10 CFR 72.50,
and 10 CFR 50.90, it is hereby ordered that the license transfer
application, as described herein, is approved, subject to the following
condition: The NRC staff's approval of the license transfer is subject
to the Commission's authority to rescind, modify, or condition the
approved transfer based on the outcome of any post-effectiveness
hearing or motions on the license transfer application.
It is further ordered that after receipt of all required regulatory
approvals of the proposed transaction, the applicants shall inform the
Director of the Office of Nuclear Reactor Regulation in writing of such
receipt no later than 2 business days prior to the date of the closing
of the proposed transaction. Should the proposed transaction not be
completed within 1 year of the date of this order, this order shall
become null and void, provided, however, that upon written application
and for good cause shown, such date may be extended by order. The
condition of this order may be amended upon application by the
applicants and approval by the NRC.
It is further ordered that consistent with 10 CFR 2.1315(b), the
license amendments that make changes, as indicated in Enclosure 2 to
the letter forwarding this order, to reflect the subject indirect
license transfer are approved. The amendments shall be issued and made
effective when the proposed indirect license transfer actions are
completed.
This order is effective upon issuance.
For further details with respect to this order, see the application
dated June 12, 2023, as supplemented by letters dated
[[Page 75335]]
August 31, 2023, and October 5, 2023, and the associated NRC staff
safety evaluation dated the same date as this order. Publicly available
documents created or received at the NRC are accessible electronically
through ADAMS in the NRC Library at https://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 Public Document Room reference staff by telephone at 1-800-397-4209
or 301-415-4737 or by email to [email protected].
Dated at Rockville, Maryland, this 30th day of October, 2023.
For the Nuclear Regulatory Commission.
/RA/
Bo M. Pham,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2023-24247 Filed 11-1-23; 8:45 am]
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