In the Matter of: Txu Generation Company LP (Comanche Peak Steam Electric Station, Units 1 and 2); Order Approving Indirect Transfer of Facility Operating Licenses and Conforming Amendments, 52584-52585 [E7-18142]
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices
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 6th day
of September 2007.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–18147 Filed 9–13–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–445 and 50–446; License
Nos. NPF–87 and NPF–89]
In the Matter of: Txu Generation
Company LP (Comanche Peak Steam
Electric Station, Units 1 and 2); Order
Approving Indirect Transfer of Facility
Operating Licenses and Conforming
Amendments
I
TXU Generation Company LP is the
holder of Facility Operating Licenses
numbered NPF–87 and NPF–89, which
authorize operation of Comanche Peak
Steam Electric Station, Units 1 and 2
(CPSES). The facilities are located at the
licensee’s site in Somervell County,
Texas. The Operating Licenses authorize
TXU Generation Company LP to
possess, use and operate CPSES.
rmajette on PROD1PC64 with NOTICES
II
By application dated April 18, 2007,
as supplemented by letter dated July 20,
2007, TXU Generation Company LP
(TXU Power), acting on behalf of Texas
Energy Future Holdings Limited
Partnership (Texas Energy LP) and
itself, requested that the U.S. Nuclear
Regulatory Commission (NRC), pursuant
to Section 50.80 of Title 10 of the Code
of Federal Regulations (10 CFR),
consent to the proposed indirect transfer
of control of TXU Power’s licenses to
possess, use, and operate CPSES. TXU
Corp., which indirectly owns 100
percent of TXU Power, and Texas
Energy LP have entered into an
agreement for Texas Energy LP to
acquire all of the outstanding equity of
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15:44 Sep 13, 2007
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TXU Corp. As part of the transaction, a
new company, Luminant Holdco, will
be established as an intermediate parent
of TXU Power and indirect subsidiary of
TXU Corp. At the time of the
acquisition, TXU Power will be
converted from a limited partnership to
a limited liability company, but will
continue in existence through the
conversion and will continue to hold
the licenses. Thus, there will be no
direct transfer of the licenses. The
application also states that TXU Power,
i.e., TXU Generation Company LP, will
be renamed as Luminant Generation
Company LLC. Therefore, pursuant to
10 CFR 50.90, TXU Power also
requested approval of conforming
license amendments to the CPSES, Unit
1 Operating License (NPF–87) and
CPSES, Unit 2 Operating License (NPF–
89) to reflect the name change from TXU
Generation Company LP to Luminant
Generation Company LLC.
Under the name of Luminant
Generation Company LLC, TXU Power
will continue to own and operate
CPSES. Through the acquisition of TXU
Corp. by Texas Energy LP, TXU Power
will become part of an enterprise
controlled and held by private equity
investors.
Notice of the requests for approval
and an opportunity for a hearing was
published in the Federal Register on
June 13, 2007 (72 FR 32685). No
comments or hearing requests were
received.
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. Upon review
of the information in the application as
supplemented and other information
before the Commission, and relying
upon the representations and
agreements in the application as
supplemented, the NRC staff concludes
that the proposed indirect transfer of
control of TXU Power as described
herein will not affect the qualifications
of TXU Power as holder of the CPSES
licenses, and that the indirect transfer of
control of the licenses, to the extent
effected by the proposed transaction
described in the application, is
otherwise consistent with the applicable
provisions of laws, regulations, and
orders issued by the NRC pursuant
thereto, subject to the conditions
described herein.
The findings set forth above are
supported by a safety evaluation dated
September 10, 2007.
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Sfmt 4703
III
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended, 42
U.S.C. 2201(b), 2201(i), 2201(o), 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 conditions:
(1) TXU Power shall enter into the
$250 million support agreement with
Luminant Investment Company LLC, as
described in the application, no later
than the time the proposed transactions
and indirect license transfers occur.
TXU Power, whether or not converted to
a limited liability company and/or
renamed, shall take no action to cause
Luminant Investment Company LLC, or
its successors and assigns, to void,
cancel, or modify the support agreement
or cause it to fail to perform, or impair
its performance under the support
agreement, without the prior written
consent of the NRC. The support
agreement may not be amended or
modified without 30 days prior written
notice to the Director of the Office of
Nuclear Reactor Regulation or his
designee. An executed copy of the
support agreement shall be submitted to
the NRC no later than 30 days after the
completion of the proposed transactions
and the indirect license transfers. TXU
Power, whether or not converted to a
limited liability company and/or
renamed, shall inform the NRC in
writing anytime it draws upon the
support agreement.
(2) Following the subject indirect
transfer of control of the licenses, all of
the officers of the general partner or
controlling member of the licensee of
CPSES shall be U.S. citizens. This
condition may be amended upon
application by the licensee and approval
by the Director of the Office of Nuclear
Reactor Regulation.
It is further ordered that, consistent
with 10 CFR 2.1315(b), license
amendments that make changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the licenses to reflect the change in the
name of the licensee occurring in
connection with the proposed
acquisition of TXU Corp., and to reflect
certain conditions of this order, are
approved. The amendments shall be
issued and made effective at the time
the proposed acquisition and name
change are completed.
It is further ordered that TXU Power
shall inform the Director of the Office of
Nuclear Reactor Regulation in writing of
the date of the closing of the acquisition
of TXU Corp., establishment of
E:\FR\FM\14SEN1.SGM
14SEN1
Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices
Luminant Holdco, and change in name
of TXU Power no later than 5 business
days prior to such actions. Should the
indirect transfer of control of TXU
Power not be completed by July 10,
2008, 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 April
18, 2007, and supplemental letter dated
July 20, 2007, and the safety evaluation
dated 2007, 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.
Environmental Assessment
Identification of the Proposed Action
The proposed action would allow the
use of AREVA NP Inc. (AREVA)
modified Advanced Mark-BW fuel
assemblies.
The proposed action is in accordance
with the licensee’s application dated
September 26, 2006, as supplemented
by letter dated August 8, 2007.
Exelon Generation Company, LLC,
Braidwood Station, Units 1 and 2;
Environmental Assessment and
Finding of No Significant Impact
The Need for the Proposed Action
The proposed action would allow up
to eight AREVA modified Advanced
Mark-BW fuel assemblies to be placed
in nonlimiting Braidwood, Unit 1 core
locations. Pursuant to 10 CFR 50.12,
‘‘Specific Exemptions,’’ the licensee has
requested an exemption to 10 CFR
50.46, ‘‘acceptance criteria for
emergency core cooling systems for
light-water nuclear power reactors,’’ that
requires, among other items, that ‘‘each
boiling or pressurized light-water
nuclear power reactor fueled with
uranium oxide pellets within
cylindrical zircaloy or ZIRLO cladding,
must be provided with an emergency
core cooling system (ECCS) that must be
designed so that its calculated cooling
performance following postulated lossof-coolant accidents conforms to the
criteria set forth in paragraph (b) of this
section.’’ Appendix K to 10 CFR Part 50,
‘‘ECCS Evaluation Models,’’ requires,
among other items, that the rate of
energy release, hydrogen generation,
and cladding oxidation from the metal/
water reaction shall be calculated using
the Baker-Just equation. The regulation
at 10 CFR 50.46 and 10 CFR Part 50,
Appendix K, make no provisions for use
of fuel rods clad in a material other than
zircaloy or ZIRLO. The licensee will
irradiate eight assemblies using fuel
rods clad with AREVA’s M5 alloy in
Braidwood, Unit 1. Since the material
specifications of the M5 alloy differ
from the specification for zircaloy or
ZIRLO, a plant-specific exemption is
required to support the use of the eight
assemblies.
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption from Title 10
of the Code of Federal Regulations (10
CFR) Part 50, section 46, and Appendix
K to section 50, for Facility Operating
License Nos. NPF–72 and NPF–77,
issued to Exelon Generation Company,
LLC (the licensee), for operation of the
Braidwood Station (Braidwood), Units 1
and 2 located in Will County, Illinois.
Therefore, as required by 10 CFR 51.21,
the NRC is issuing this environmental
assessment and finding of no significant
impact.
Environmental Impacts of the Proposed
Action
The NRC has completed its safety
evaluation of the proposed action and
concludes that application of 10 CFR
50.46, and Appendix K to 10 CFR 50, is
not necessary for the licensee to achieve
its underlying purposes.
The details of the NRC staff’s safety
evaluation will be provided in the
exemption that will be issued as part of
the letter to the licensee approving the
exemption to the regulation. The
proposed action will not significantly
increase the probability or consequences
Dated at Rockville, Maryland this 10th day
of September, 2007.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–18142 Filed 9–13–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
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[Docket Nos. STN 50–456 and STN 50–457]
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52585
of accidents. No changes are being made
in the types of effluents that may be
released off site. There is no significant
increase in the amount of any effluent
released off site. There is no significant
increase in occupational or public
radiation exposure. Therefore, there are
no significant radiological
environmental impacts associated with
the proposed action.
With regard to potential nonradiological impacts, the proposed
action does not have a potential to affect
any historic sites. It does not affect nonradiological plant effluents and has no
other environmental impact. Therefore,
there are no significant non-radiological
environmental impacts associated with
the proposed action.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the staff considered denial of the
proposed action (i.e., the ‘‘no-action’’
alternative). Denial of the application
would result in no change in current
environmental impacts. The
environmental impacts of the proposed
action and the alternative action are
similar.
Alternative Use of Resources
The action does not involve the use of
any different resources than those
previously considered in the Final
Environmental Statement for
Braidwoood NUREG–1026, dated June
1984.
Agencies and Persons Consulted
In accordance with its stated policy,
on August 29, 2007, the NRC staff
consulted with the Illinois State official,
Mr. Frank Niziolek of the Illinois
Emergency Management Agency,
regarding the environmental impact of
the proposed action. The State official
had no comments.
Finding of No Significant Impact
On the basis of the environmental
assessment, the NRC concludes that the
proposed action will not have a
significant effect on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
For further details with respect to the
proposed action, see the licensee’s letter
dated September 26, 2006, as
supplemented by letter dated August 8,
2007. Documents may be examined,
and/or copied for a fee, at the NRC’s
E:\FR\FM\14SEN1.SGM
14SEN1
]]>Agencies
[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52584-52585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18142]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445 and 50-446; License Nos. NPF-87 and NPF-89]
In the Matter of: Txu Generation Company LP (Comanche Peak Steam
Electric Station, Units 1 and 2); Order Approving Indirect Transfer of
Facility Operating Licenses and Conforming Amendments
I
TXU Generation Company LP is the holder of Facility Operating
Licenses numbered NPF-87 and NPF-89, which authorize operation of
Comanche Peak Steam Electric Station, Units 1 and 2 (CPSES). The
facilities are located at the licensee's site in Somervell County,
Texas. The Operating Licenses authorize TXU Generation Company LP to
possess, use and operate CPSES.
II
By application dated April 18, 2007, as supplemented by letter
dated July 20, 2007, TXU Generation Company LP (TXU Power), acting on
behalf of Texas Energy Future Holdings Limited Partnership (Texas
Energy LP) and itself, requested that the U.S. Nuclear Regulatory
Commission (NRC), pursuant to Section 50.80 of Title 10 of the Code of
Federal Regulations (10 CFR), consent to the proposed indirect transfer
of control of TXU Power's licenses to possess, use, and operate CPSES.
TXU Corp., which indirectly owns 100 percent of TXU Power, and Texas
Energy LP have entered into an agreement for Texas Energy LP to acquire
all of the outstanding equity of TXU Corp. As part of the transaction,
a new company, Luminant Holdco, will be established as an intermediate
parent of TXU Power and indirect subsidiary of TXU Corp. At the time of
the acquisition, TXU Power will be converted from a limited partnership
to a limited liability company, but will continue in existence through
the conversion and will continue to hold the licenses. Thus, there will
be no direct transfer of the licenses. The application also states that
TXU Power, i.e., TXU Generation Company LP, will be renamed as Luminant
Generation Company LLC. Therefore, pursuant to 10 CFR 50.90, TXU Power
also requested approval of conforming license amendments to the CPSES,
Unit 1 Operating License (NPF-87) and CPSES, Unit 2 Operating License
(NPF-89) to reflect the name change from TXU Generation Company LP to
Luminant Generation Company LLC.
Under the name of Luminant Generation Company LLC, TXU Power will
continue to own and operate CPSES. Through the acquisition of TXU Corp.
by Texas Energy LP, TXU Power will become part of an enterprise
controlled and held by private equity investors.
Notice of the requests for approval and an opportunity for a
hearing was published in the Federal Register on June 13, 2007 (72 FR
32685). No comments or hearing requests were received.
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. Upon review of the information in the application as
supplemented and other information before the Commission, and relying
upon the representations and agreements in the application as
supplemented, the NRC staff concludes that the proposed indirect
transfer of control of TXU Power as described herein will not affect
the qualifications of TXU Power as holder of the CPSES licenses, and
that the indirect transfer of control of the licenses, to the extent
effected by the proposed transaction described in the application, is
otherwise consistent with the applicable provisions of laws,
regulations, and orders issued by the NRC pursuant thereto, subject to
the conditions described herein.
The findings set forth above are supported by a safety evaluation
dated September 10, 2007.
III
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i),
2201(o), 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 conditions:
(1) TXU Power shall enter into the $250 million support agreement
with Luminant Investment Company LLC, as described in the application,
no later than the time the proposed transactions and indirect license
transfers occur. TXU Power, whether or not converted to a limited
liability company and/or renamed, shall take no action to cause
Luminant Investment Company LLC, or its successors and assigns, to
void, cancel, or modify the support agreement or cause it to fail to
perform, or impair its performance under the support agreement, without
the prior written consent of the NRC. The support agreement may not be
amended or modified without 30 days prior written notice to the
Director of the Office of Nuclear Reactor Regulation or his designee.
An executed copy of the support agreement shall be submitted to the NRC
no later than 30 days after the completion of the proposed transactions
and the indirect license transfers. TXU Power, whether or not converted
to a limited liability company and/or renamed, shall inform the NRC in
writing anytime it draws upon the support agreement.
(2) Following the subject indirect transfer of control of the
licenses, all of the officers of the general partner or controlling
member of the licensee of CPSES shall be U.S. citizens. This condition
may be amended upon application by the licensee and approval by the
Director of the Office of Nuclear Reactor Regulation.
It is further ordered that, consistent with 10 CFR 2.1315(b),
license amendments that make changes, as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the licenses to
reflect the change in the name of the licensee occurring in connection
with the proposed acquisition of TXU Corp., and to reflect certain
conditions of this order, are approved. The amendments shall be issued
and made effective at the time the proposed acquisition and name change
are completed.
It is further ordered that TXU Power shall inform the Director of
the Office of Nuclear Reactor Regulation in writing of the date of the
closing of the acquisition of TXU Corp., establishment of
[[Page 52585]]
Luminant Holdco, and change in name of TXU Power no later than 5
business days prior to such actions. Should the indirect transfer of
control of TXU Power not be completed by July 10, 2008, 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 April 18, 2007, and supplemental letter dated July 20, 2007, and
the safety evaluation dated 2007, 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 10th day of September, 2007.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E7-18142 Filed 9-13-07; 8:45 am]
BILLING CODE 7590-01-P
