In the Matter of Texas Genco, LP, STP Nuclear Operating Company; South Texas Project, Units 1 and 2; Order Approving Application Regarding Proposed Indirect Acquisition of Texas Genco, LP By NRG Energy, Inc., 3547 [E6-710]
Download as PDF
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–498 and 50–499]
[License Nos. NPF–76 and NPF–80]
erjones on PROD1PC61 with NOTICES
In the Matter of Texas Genco, LP, STP
Nuclear Operating Company; South
Texas Project, Units 1 and 2; Order
Approving Application Regarding
Proposed Indirect Acquisition of Texas
Genco, LP By NRG Energy, Inc.
STP Nuclear Operating Company
(STPNOC), Texas Genco, LP (Texas
Genco), the City Public Service Board of
San Antonio (CPS), and the City of
Austin, Texas (COA) are co-holders of
Facility Operating Licenses (which are
numbered NPF–76 and NPF–80), that
authorize the possession, use, and
operation of the South Texas Project,
Units 1 and 2 (the facility or STP).
STPNOC is licensed by the United
States Nuclear Regulatory Commission
(NRC or the Commission) to operate
STP. Texas Genco, CPS, and COA are
co-owners of the facility and licensed to
possess STP. The facility is located in
Matagorda County, Texas.
By application dated October 14,
2005, STPNOC, acting on behalf of
Texas Genco and NRG Energy, Inc.
(NRG Energy) (together, the applicants),
requested that the NRC, pursuant to 10
CFR 50.80, consent to the indirect
transfer of the STP licenses held by
Texas Genco that would be effected by
the indirect transfer of control of Texas
Genco’s 44 percent undivided
ownership interest in STP to NRG
Energy. This action is being sought as a
result of the agreement between NRG
Energy and Texas Genco LLC, which
indirectly owns 100 percent of Texas
Genco, for NRG Energy to acquire all of
the outstanding equity of Texas Genco
LLC from the current owners of Texas
Genco LLC. The current owners are
investment fund entities affiliated with
the Blackstone Group, Hellman &
Friedman LLC, Kohlberg Kravis Roberts
& Co., L.P., and Texas Pacific Group
(Investment Funds), and certain
members of the Texas Genco LLC
management.
In connection with the indirect
transfer of control of Texas Genco’s
ownership interest in STP, indirect
control over Texas Genco’s
corresponding interest in STPNOC will
also be transferred. To the extent that
the indirect transfer of control of Texas
Genco’s interest in STPNOC would
constitute an indirect transfer of control
of the licenses as held by STPNOC, NRC
consent under 10 CFR 50.80 has also
been requested.
Notice of the requests for approval
and an opportunity for a hearing was
VerDate Aug<31>2005
13:01 Jan 20, 2006
Jkt 208001
published in the Federal Register on
November 29, 2005 (70 FR 71561). No
comments or hearing requests were
received.
Under 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
and other information before the
Commission, the NRC staff has
determined that the proposed indirect
transfer of control of Texas Genco to
NRG Energy will not affect the
qualifications of Texas Genco as holder
of the STP licenses, and that the indirect
transfer of the licenses as held by Texas
Genco, to the extent effected by the
indirect transfer of control of Texas
Genco, is otherwise consistent with the
applicable provisions of law,
regulations, and orders issued by the
Commission pursuant thereto. The NRC
staff has further determined that, to the
extent the proposed indirect transfer of
control of Texas Genco would result in
an indirect transfer of control of the STP
licenses as held by STPNOC, the
proposed indirect transfer of control of
Texas Genco 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
January 12, 2006.
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
acquisition is approved, subject to the
following condition:
Should the indirect transfer of control of
Texas Genco to NRG Energy not be
completed by January 31, 2007, 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 October
14, 2005, and the safety evaluation
dated January 12, 2006, 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
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
3547
from the Agencywide Documents
Access and Management System
(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 12th day
of January, 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–710 Filed 1–20–06; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
January 2006 Pay Adjustments
Office of Personnel
Management.
ACTION: Notice.
AGENCY:
SUMMARY: The President adjusted the
rates of basic pay and locality payments
for certain categories of Federal
employees effective in January 2006.
This notice documents those pay
adjustments for the public record.
FOR FURTHER INFORMATION CONTACT:
Brenda Roberts, Center for Pay and
Performance Policy, Division for
Strategic Human Resources Policy,
Office of Personnel Management; (202)
606–2858; FAX (202) 606–0824; or email to pay-performancepolicy@opm.gov.
On
December 22, 2005, the President signed
Executive Order 13393 (70 FR 76655),
which implemented the January 2006
pay adjustments. The President made
these adjustments consistent with
Public Law 109–115, November 30,
2005, which authorized an overall
average pay increase of 3.1 percent for
the ‘‘statutory pay systems,’’ including
the General Schedule (GS).
Schedule 1 of Executive Order 13393
provides the rates for the 2006 General
Schedule and reflects a 2.1 percent
across-the-board increase. Executive
Order 13393 also includes the
percentage amounts of the 2006 locality
payments. (See section 5 and Schedule
9 of Executive Order 13393.)
The publication of this notice satisfies
the requirement in section 5(b) of
Executive Order 13393 that the Office of
SUPPLEMENTARY INFORMATION:
E:\FR\FM\23JAN1.SGM
23JAN1
Agencies
[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Notices]
[Page 3547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-710]
[[Page 3547]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]
[License Nos. NPF-76 and NPF-80]
In the Matter of Texas Genco, LP, STP Nuclear Operating Company;
South Texas Project, Units 1 and 2; Order Approving Application
Regarding Proposed Indirect Acquisition of Texas Genco, LP By NRG
Energy, Inc.
STP Nuclear Operating Company (STPNOC), Texas Genco, LP (Texas
Genco), the City Public Service Board of San Antonio (CPS), and the
City of Austin, Texas (COA) are co-holders of Facility Operating
Licenses (which are numbered NPF-76 and NPF-80), that authorize the
possession, use, and operation of the South Texas Project, Units 1 and
2 (the facility or STP). STPNOC is licensed by the United States
Nuclear Regulatory Commission (NRC or the Commission) to operate STP.
Texas Genco, CPS, and COA are co-owners of the facility and licensed to
possess STP. The facility is located in Matagorda County, Texas.
By application dated October 14, 2005, STPNOC, acting on behalf of
Texas Genco and NRG Energy, Inc. (NRG Energy) (together, the
applicants), requested that the NRC, pursuant to 10 CFR 50.80, consent
to the indirect transfer of the STP licenses held by Texas Genco that
would be effected by the indirect transfer of control of Texas Genco's
44 percent undivided ownership interest in STP to NRG Energy. This
action is being sought as a result of the agreement between NRG Energy
and Texas Genco LLC, which indirectly owns 100 percent of Texas Genco,
for NRG Energy to acquire all of the outstanding equity of Texas Genco
LLC from the current owners of Texas Genco LLC. The current owners are
investment fund entities affiliated with the Blackstone Group, Hellman
& Friedman LLC, Kohlberg Kravis Roberts & Co., L.P., and Texas Pacific
Group (Investment Funds), and certain members of the Texas Genco LLC
management.
In connection with the indirect transfer of control of Texas
Genco's ownership interest in STP, indirect control over Texas Genco's
corresponding interest in STPNOC will also be transferred. To the
extent that the indirect transfer of control of Texas Genco's interest
in STPNOC would constitute an indirect transfer of control of the
licenses as held by STPNOC, NRC consent under 10 CFR 50.80 has also
been requested.
Notice of the requests for approval and an opportunity for a
hearing was published in the Federal Register on November 29, 2005 (70
FR 71561). No comments or hearing requests were received.
Under 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 and other information
before the Commission, the NRC staff has determined that the proposed
indirect transfer of control of Texas Genco to NRG Energy will not
affect the qualifications of Texas Genco as holder of the STP licenses,
and that the indirect transfer of the licenses as held by Texas Genco,
to the extent effected by the indirect transfer of control of Texas
Genco, is otherwise consistent with the applicable provisions of law,
regulations, and orders issued by the Commission pursuant thereto. The
NRC staff has further determined that, to the extent the proposed
indirect transfer of control of Texas Genco would result in an indirect
transfer of control of the STP licenses as held by STPNOC, the proposed
indirect transfer of control of Texas Genco 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 January 12, 2006.
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 acquisition is
approved, subject to the following condition:
Should the indirect transfer of control of Texas Genco to NRG
Energy not be completed by January 31, 2007, 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 October 14, 2005, and the safety evaluation dated January 12,
2006, 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, 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 12th day of January, 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E6-710 Filed 1-20-06; 8:45 am]
BILLING CODE 7590-01-P