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, 42592-42593 [E5-3942]
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42592
Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Notices
Time: 8:30 a.m. to 5 p.m.
Room: 315.
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Media, Rhetoric and Communication,
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13. Date: August 10, 2005.
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Program: This meeting will review
applications for Fellowships in
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American Literature II, submitted to the
Division of Research Programs at the
May 1, 2005, deadline.
14. Date: August 11, 2005.
Time: 8:30 a.m. to 5 p.m.
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Program: This meeting will review
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15. Date: August 12, 2005.
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of Art and Archaeology, submitted to
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16. Date: August 15, 2005.
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17. Date: August 15, 2005.
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19. Date: August 16, 2005.
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2005, deadline.
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Awards in Humanities II, submitted to
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22. Date: August 18, 2005.
Time: 8:30 a.m. to 5 p.m.
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Room: 415.
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23. Date: August 19, 2005.
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Program: This meeting will review
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May 1, 2005, deadline.
Michael McDonald,
Acting Advisory Committee Management
Officer.
[FR Doc. 05–14553 Filed 7–22–05; 8:45 am]
BILLING CODE 7536–01–P
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 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 License 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 June 28, 2005, application
requests the consent of the NRC to the
proposed indirect transfer of control of
the STP, Units 1 and 2, licenses to the
extent held by Texas Genco. Texas
Genco is a 44 percent owner and nonoperating licensee of STP, Units 1 and
2. According to the application, filed by
STP Nuclear Operating Company
(STPNOC) on behalf of Texas Genco,
Texas Genco is indirectly owned by
Texas Genco Holdings, Inc., which in
turn is wholly owned by Texas Genco
LLC. Texas Genco LLC is owned by
investment funds affiliated with The
Blackstone Group, Hellman & Friedman
LLC, Kohlberg Kravis Roberts & Co. L.P.,
and Texas Pacific Group (the Investment
Funds) and certain members of the
management team (Management
owners).
As stated in the application, the
ultimate owners of Texas Genco are
proposing a corporate restructuring such
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Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Notices
that several new entities would be
interposed between (i) the Investment
Funds and Management owners and (ii)
Texas Genco LLC. This proposed
restructuring is in anticipation of a
proposed initial public offering of a
minority interest in Texas Genco Inc.
Texas Genco Inc., was incorporated on
May 20, 2005, as a wholly-owned
subsidiary of another new entity, Texas
Genco Sponsor LLC. Immediately prior
to the initial public offering, Texas
Genco Sponsor LLC and Texas Genco
Inc., will form a new limited liability
company, Texas Genco Holdings LLC.
Following certain transactions
described in the application, and
following the initial public offering,
Texas Genco Inc., will become the sole
managing member of Texas Genco
Holdings LLC, and Texas Genco
Holdings LLC will become the sole
owner of Texas Genco LLC and the
indirect owner of licensee Texas Genco,
which shall at all times continue to be
a licensed owner of STP. According to
the application, the Investment Funds
and Management owners would control
Texas Genco Inc., through their
ownership of a majority of the voting
power in Texas Genco Inc., and
continue to ultimately control Texas
Genco.
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 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.
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
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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 Mr. John E. Matthews, Morgan,
Lewis, & Bockius, LLP, 1111
Pennsylvania Avenue, NW.,
Washington, DC 20004, attorney for
STPNOC; Nicholas S. Reynolds,
Winston & Strawn LLP, 1700 K Street,
NW., Washington, DC 20006–3817,
attorney for Texas Genco; the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001 (e-mail address for filings
regarding license transfer cases only:
OGCLT@NRC.gov); 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
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 June 28, 2005,
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
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42593
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, 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 PDR
Reference staff by telephone at 1–800–
397–4209, 301–415–4737 or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland this 18th day
of July, 2005.
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. E5–3942 Filed 7–22–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–00017]
Environmental Assessment and
Finding of No Significant Impact
Related to Issuance of Amendment No.
11 to Materials License No. STB–527,
the Dow Chemical Company (TDCC),
Bay City, MI Site (TAC #L60463)
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of availability.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
David Nelson, Project Manager,
Materials Decommissioning Section,
Decommissioning Directorate, Division
of Waste Management and
Environmental Protection, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Mail Stop T7E18, Washington, DC
20555. Telephone: (301) 415–6626; fax
number: (301) 415–5397; e-mail:
dwn@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to the
Dow Chemical Company’s (TDCC)
Material License, No. STB–527. The
amendment would allow an alternate
method for conducting surveys, would
add two plans to the license, and would
expand the scope of onsite
decommissioning activities.
NRC has prepared an Environmental
Assessment (EA) in support of this
amendment in accordance with the
E:\FR\FM\25JYN1.SGM
25JYN1
]]>Agencies
[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Notices]
[Pages 42592-42593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3942]
=======================================================================
-----------------------------------------------------------------------
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 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 License 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 June 28, 2005, application requests the consent of the NRC to
the proposed indirect transfer of control of the STP, Units 1 and 2,
licenses to the extent held by Texas Genco. Texas Genco is a 44 percent
owner and non-operating licensee of STP, Units 1 and 2. According to
the application, filed by STP Nuclear Operating Company (STPNOC) on
behalf of Texas Genco, Texas Genco is indirectly owned by Texas Genco
Holdings, Inc., which in turn is wholly owned by Texas Genco LLC. Texas
Genco LLC is owned by investment funds affiliated with The Blackstone
Group, Hellman & Friedman LLC, Kohlberg Kravis Roberts & Co. L.P., and
Texas Pacific Group (the Investment Funds) and certain members of the
management team (Management owners).
As stated in the application, the ultimate owners of Texas Genco
are proposing a corporate restructuring such
[[Page 42593]]
that several new entities would be interposed between (i) the
Investment Funds and Management owners and (ii) Texas Genco LLC. This
proposed restructuring is in anticipation of a proposed initial public
offering of a minority interest in Texas Genco Inc. Texas Genco Inc.,
was incorporated on May 20, 2005, as a wholly-owned subsidiary of
another new entity, Texas Genco Sponsor LLC. Immediately prior to the
initial public offering, Texas Genco Sponsor LLC and Texas Genco Inc.,
will form a new limited liability company, Texas Genco Holdings LLC.
Following certain transactions described in the application, and
following the initial public offering, Texas Genco Inc., will become
the sole managing member of Texas Genco Holdings LLC, and Texas Genco
Holdings LLC will become the sole owner of Texas Genco LLC and the
indirect owner of licensee Texas Genco, which shall at all times
continue to be a licensed owner of STP. According to the application,
the Investment Funds and Management owners would control Texas Genco
Inc., through their ownership of a majority of the voting power in
Texas Genco Inc., and continue to ultimately control Texas Genco.
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 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.
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 Mr. John E. Matthews, Morgan, Lewis, & Bockius, LLP,
1111 Pennsylvania Avenue, NW., Washington, DC 20004, attorney for
STPNOC; Nicholas S. Reynolds, Winston & Strawn LLP, 1700 K Street, NW.,
Washington, DC 20006-3817, attorney for Texas Genco; the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001
(e-mail address for filings regarding license transfer cases only:
OGCLT@NRC.gov); 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 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 June 28, 2005, available for public
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, Public File Area O1 F21, 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, 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 PDR
Reference staff by telephone at 1-800-397-4209, 301-415-4737 or by e-
mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 18th day of July, 2005.
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. E5-3942 Filed 7-22-05; 8:45 am]
BILLING CODE 7590-01-P
