[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Notices]
[Pages 49711-49712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24341]
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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 of Reliant Energy
Incorporated (Formerly Known as Houston Lighting & Power Company
Regarding Transfer of Facility Operating Licenses and Conforming
Amendments, and Opportunity for a Hearing
The Nuclear Regulatory Commission (the Commission) is considering
the issuance of an order under 10 CFR 50.80, approving the indirect
transfer of control of the 30.8 percent undivided ownership interest of
Reliant Energy, Incorporated (Reliant) \1\ in the South Texas Project
Electric Generating Station (STPEGS), Units 1 and 2 under Facility
Operating License Nos. NPF-76 and NPF-80, to an as yet unnamed new
parent holding company (referred to in the application as Regco); and,
to the extent an indirect transfer would result, Reliant's 30.8 percent
interest in STP Nuclear Operating Company (STPNOC), the licensed
operator of STPEGS under the licenses, to Regco. Reliant is one of four
joint owners of STPEGS under the licenses.
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\1\ Reliant was known as Houston Lighting & Power Company
(HL&P). HL&P changed its name to Reliant Energy Incorporated in
1999.
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The Commission is also considering approving the direct transfer of
Reliant's 30.8 percent ownership interest in STPEGS to an as yet
unnamed new Texas partnership (referred to in the application as Texas
Genco LP), which will be indirectly wholly owned by Regco, and, to the
extent that a direct transfer of Reliant's interest will result,
Reliant's 30.8 percent interest in STPNOC to Texas Genco LP. The
Commission is further considering amending the licenses for
administrative purposes to reflect the proposed direct transfer of
Reliant's interest in STPEGS, including reflecting the company now
referred to as Texas Genco LP as the licensee. According to an
application for approval filed by STPNOC, acting on behalf of Reliant,
NRC will be provided with the actual name of the new company before the
Commission can issue conforming administrative amendments. The
applicant states that the transfer of Reliant's ownership interests to
Texas Genco LP would occur either contemporaneously with Regco becoming
the parent holding company of Reliant or some time thereafter.
According to the application, following the proposed transfers,
Texas Genco LP would possess a 30.8 percent undivided ownership
interest in STPEGS under essentially the same conditions and
authorizations as included in the existing NRC licenses for STPEGS,
including the antitrust conditions, which would be retained. No
physical or operational changes to STPEGS are being proposed, and
STPNOC would at all times remain the licensed operator of the facility.
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 direct transfer of a license, if the Commission
determines that the proposed transferee is qualified to be the holder
of the license; and an application for indirect transfer, if the
Commission determines that the proposed transfer of control will not
affect the qualifications of the licensee. With respect to both direct
and indirect transfers, the Commission must also determine 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 conforming license amendments, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315, unless otherwise determined by the
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of a utilization facility
which does no more than conform the license to reflect the transfer
action involves no significant hazards consideration. No contrary
determination has been made with respect to this specific license
amendment application. In light of the generic determination reflected
in 10 CFR 2.1315, no public comments with respect to significant
hazards considerations are being solicited, notwithstanding the general
comment procedures contained in 10 CFR 50.91.
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 October 18, 2001, 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
[[Page 49712]]
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 John E. Mathews, Morgan, Lewis and Bakius, LLP; 1800 M
Street, NW, Washington DC 20036-5869 (telephone: 202-467-7524; fax:
202-467-7176; email: [email protected]); 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 October 29, 2001, 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 31, 2001, available for public inspection at the
Commission's Public Document Room, located at One White Flint North,
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly
available records will be accessible electronically from the Agencywide
Documents Access and Management Systems (ADAMS) Public Electronic
Reading Room on the internet at the NRC Web site, http://www.nrc.gov/ADAMS/index.html. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by email to [email protected].
Dated at Rockville, Maryland this 21st day of September, 2001.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-24341 Filed 9-27-01; 8:45 am]
BILLING CODE 7590-01-P