In the Matter of Luminant Generation Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2; Order Approving the Proposed Internal Restructuring and Indirect Transfer of License, 14361-14362 [2013-05021]

Download as PDF 14361 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices APPENDIX—Continued [34 TAA Petitions instituted between 2/11/13 and 2/15/13] TA–W 82462 82463 82464 82465 82466 82467 82468 82469 82470 Location Hydra Tec (State/One-Stop) .................................................... BP Solar (State/One-Stop) ....................................................... Scandura (Ohio), Inc. aka Fenner Dunlop (Workers) .............. Kern-Liebers USA, Inc (Company) .......................................... Cinetech (State/One-Stop) ....................................................... Deltacraft Paper & Converting Co. (Workers) ......................... LSI Corporation (Workers) ....................................................... Thermo Fisher Scientific (State/One-Stop) .............................. Citigroup (State/One-Stop) ....................................................... ........... ........... ........... ........... ........... ........... ........... ........... ........... Baltimore, MD ......................... Frederick, MD ......................... Port Clinton, OH ..................... Holland, OH ............................ Valencia, CA ........................... Buffalo, NY .............................. Allentown, PA ......................... Hudson, NH ............................ New York, NY ......................... petition was filed more than a year after the publication of the ITC’s findings in the Federal Register. The Department will conduct an investigation to determine whether or not the petitioning worker group has met the criteria set forth in Section 222(a) or (b) of the Trade Act of 1974, as amended, and will issue a determination accordingly. [FR Doc. 2013–04949 Filed 3–4–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,285] emcdonald on DSK67QTVN1PROD with NOTICES U.S. Steel Tubular Products, Inc., Mckeesport Tubular Operations Division, Subsidiary of United States Steel Corporation, Mckeesport, PA; Notice of Initiation of Investigation To Terminate Certification of Eligibility Signed in Washington, DC, this 15th day of February, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated in response to a petition for Trade Adjustment Assistance (TAA) filed on December 20, 2012 on behalf of workers of U.S. Steel Tubular Products, McKeesport Tubular Operations Division, Subsidiary of United States Steel Corporation, McKeesport, Pennsylvania (subject firm). The workers’ firm produces steel drill pipe and drill collars. On January 28, 2013, the Department issued a certification stating that the criteria set forth in Section 222(e) of the Trade Act of 1974, as amended, was met. A review of the determination and the petition, however, revealed that the certification was erroneously issued. Specifically, the determination inaccurately stated that the petition was filed within a year of the March 3, 2011 publication in the Federal Register of the International Trade Commission’s finding that dumping of drill pipes and drill collars from China negatively impacted U.S. firms engaged in production of those articles. Although the subject firm was publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in a category of determination that is listed in Section 222(e) of the Act, 19 U.S.C. 2272(e), the BILLING CODE 4510–FN–P VerDate Mar<15>2010 Date of institution Subject firm (petitioners) 15:14 Mar 04, 2013 Jkt 229001 [FR Doc. 2013–04948 Filed 3–4–13; 8:45 am] NATIONAL SCIENCE FOUNDATION Proposal Review; Notice of Meetings In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Foundation (NSF) announces its intent to hold proposal review meetings throughout the year. The purpose of these meetings is to provide advice and recommendations concerning proposals submitted to the NSF for financial support. The agenda for each of these meetings is to review and evaluate proposals as part of the selection process for awards. The review and evaluation may also include assessment of the progress of awarded proposals. The majority of these meetings will take place at NSF, 4201 Wilson, Blvd., Arlington, Virginia 22230. These meetings will be closed to the public. The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act. NSF will continue to review the agenda and merits of each meeting for overall PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 02/14/13 02/14/13 02/14/13 02/14/13 02/14/13 02/14/13 02/15/13 02/15/13 02/15/13 Date of petition 02/13/13 02/13/13 02/12/13 02/13/13 02/11/13 02/08/13 02/14/13 01/12/13 02/14/13 compliance of the Federal Advisory Committee Act. These closed proposal review meetings will not be announced on an individual basis in the Federal Register. NSF intends to publish a notice similar to this on a quarterly basis. For an advance listing of the closed proposal review meetings that include the names of the proposal review panel and the time, date, place, and any information on changes, corrections, or cancellations, please visit the NSF Web site: https://www.nsf.gov/events/. This information may also be requested by telephoning, 703/292–8182. Dated: February 28, 2013. Susanne Bolton, Committee Management Officer. [FR Doc. 2013–05002 Filed 3–4–13; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0310; Docket Nos. 50–445 and 50–446; License Nos. NPF–87 and NPF–89] In the Matter of Luminant Generation Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2; Order Approving the Proposed Internal Restructuring and Indirect Transfer of License I Luminant Generation Company LLC (Luminant, the licensee), is the holder of the Facility Operating License Nos. NPF–87 and NPF–89, which authorizes the possession, use, and operation of the Comanche Peak Nuclear Power Plant, Units 1 and 2 (CPNPP), and its Independent Spent Fuel Storage Installation Facility. CPNPP is located in Somervell County, Texas. II By application dated October 11, 2012, as supplemented by letters dated October 24, November 26, December 5, E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14362 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices and December 17, 2012, the licensee, acting on behalf of Energy Future Holdings Corporation (EFH), Energy Future Competitive Holdings Company (EFCH), Texas Competitive Electric Holdings Company LLC, and Luminant Holding Company LLC, the applicants, seek approval pursuant to 10 CFR 50.80 of the indirect transfer of control of CPNPP, Units 1 and 2, Facility Operating License Nos. NPF–87 and NPF–89, respectively. The transfer also involves the general license for CPNPP Independent Spent Fuel Storage Installation Facility. EFCH is a direct, wholly owned subsidiary of EFH. EFCH, through its wholly owned subsidiaries, owns Luminant, the owner and operator of CPNPP. EFH is planning an internal transaction, the ultimate result of which is to convert EFCH from a Texas corporation into a Delaware limited liability corporation. Following the conversion, EFCH will remain a wholly owned subsidiary of EFH, and EFH will retain the same assets, liabilities, owners, board of directors, and management. There will be no change of control of EFH, EFCH, or Luminant as a result of this internal restructuring. No physical changes to the CPNPP facilities or operational changes are proposed. The internal restructuring will be completed in several steps. EFH would form a new wholly owned subsidiary known as EFH2 corporation (EFH2), which would be a Texas corporation. EFH would then contribute its stock in EFCH to EFH2 causing EFCH to become a wholly owned subsidiary of EFH2. EFCH would then convert to a Delaware limited liability company by operation of applicable Texas and Delaware law. Finally, EFH would merge with and into EFH2 with EFH2 being the surviving entity, and EFH2 would change its name to Energy Future Holdings Corporation and adopt the current certificate of formation and bylaws of EFH. Approval of the indirect transfer of the facility operating license was requested by Luminant. A notice entitled, AConsideration of Approval of Application Containing Sensitive Unclassified Non-Safeguards Information Regarding Proposed Energy Future Holdings Corporation Internal Restructuring,’’ was published in the Federal Register on January 2, 2013 (78 FR 119), and a correction notice was published on January 10, 2013 (78 FR 2295). No comments or hearing requests were received. The supplemental letters dated November 26, December 5, and December 17, 2012, provided additional information that clarified the application and did not expand the VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 scope of the application as originally noticed. Under 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 U.S. Nuclear Regulatory Commission (NRC) 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, the NRC staff has determined that the proposed indirect transfer of control of the subject licenses held by the licensee to the extent such will result from the proposed internal restructuring, as described in the application, will not affect the qualifications of the licensee to hold the respective licenses and is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC, pursuant thereto, subject to the conditions set forth below. The findings set forth above are supported by a safety evaluation dated February 25, 2013. III Accordingly, pursuant to Sections 161b, 161i, 161.o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 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 proposed indirect license transfer is approved, subject to the following condition: On October 10, 2007, Luminant Holding Company LLC, the immediate parent company of Luminant Power, provided Luminant Power with a support agreement in the amount of $250 million. ‘‘It is hereby ordered that in connection with the proposed transaction, Luminant Holding Company LLC shall increase the amount available under this support agreement to $300 million, which provides a source of funding in an amount that is adequate to fund approximately one year’s worth of the average projected expense for the fixed operations and maintenance (O&M) of CPNPP.’’ It is further ordered that after receipt of all required regulatory approvals of the proposed indirect transfer action, Luminant shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 5 business days prior to the date of the closing of the indirect transfer. Should the proposed indirect transfer not be completed within 1 year from the date of this Order, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by Order. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 This Order is effective upon issuance. For further details with respect to this Order, see the initial application dated October 11, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12312A157), as supplemented by letters dated October 24, November 26, December 5, and December 17, 2012 (ADAMS Accession Nos. ML12312A071, ML12340A446, ML12354A058, and ML12363A028, respectively), and the safety evaluation dated February 22, 2013, 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. 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 PDR reference staff by telephone at 1–800– 397–4209, or 301–415–4737, or by email to pdr.resource@nrc.gov. Dated at Rockville, Maryland this 22nd day of February 2013. For the Nuclear Regulatory Commission. Michele G. Evans, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2013–05021 Filed 3–4–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–327, 50–328; NRC–2013– 0037] Tennessee Valley Authority; Notice of Acceptance for Docketing of Application and Notice of Opportunity for Hearing Regarding Renewal of Sequoyah Nuclear Plant, Units 1 and 2 Facility Operating License Nos. DPR– 77, DPR–79 for an Additional 20-Year Period The U.S. Nuclear Regulatory Commission (NRC) is considering an application for the renewal of operating licenses DPR–77 and DPR–79, which authorizes Tennessee Valley Authority (TVA), to operate the Sequoyah Nuclear Plant (SQN) Unit 1 at 3455 megawatts thermal and Unit 2 at 3455 megawatts thermal. The renewed licenses would authorize the applicant to operate SQN, Units 1 and 2, for an additional 20 years beyond the period specified in the E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14361-14362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05021]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0310; Docket Nos. 50-445 and 50-446; License Nos. NPF-87 and 
NPF-89]


In the Matter of Luminant Generation Company LLC, Comanche Peak 
Nuclear Power Plant, Units 1 and 2; Order Approving the Proposed 
Internal Restructuring and Indirect Transfer of License

I

    Luminant Generation Company LLC (Luminant, the licensee), is the 
holder of the Facility Operating License Nos. NPF-87 and NPF-89, which 
authorizes the possession, use, and operation of the Comanche Peak 
Nuclear Power Plant, Units 1 and 2 (CPNPP), and its Independent Spent 
Fuel Storage Installation Facility. CPNPP is located in Somervell 
County, Texas.

II

    By application dated October 11, 2012, as supplemented by letters 
dated October 24, November 26, December 5,

[[Page 14362]]

and December 17, 2012, the licensee, acting on behalf of Energy Future 
Holdings Corporation (EFH), Energy Future Competitive Holdings Company 
(EFCH), Texas Competitive Electric Holdings Company LLC, and Luminant 
Holding Company LLC, the applicants, seek approval pursuant to 10 CFR 
50.80 of the indirect transfer of control of CPNPP, Units 1 and 2, 
Facility Operating License Nos. NPF-87 and NPF-89, respectively. The 
transfer also involves the general license for CPNPP Independent Spent 
Fuel Storage Installation Facility.
    EFCH is a direct, wholly owned subsidiary of EFH. EFCH, through its 
wholly owned subsidiaries, owns Luminant, the owner and operator of 
CPNPP. EFH is planning an internal transaction, the ultimate result of 
which is to convert EFCH from a Texas corporation into a Delaware 
limited liability corporation. Following the conversion, EFCH will 
remain a wholly owned subsidiary of EFH, and EFH will retain the same 
assets, liabilities, owners, board of directors, and management. There 
will be no change of control of EFH, EFCH, or Luminant as a result of 
this internal restructuring. No physical changes to the CPNPP 
facilities or operational changes are proposed.
    The internal restructuring will be completed in several steps. EFH 
would form a new wholly owned subsidiary known as EFH2 corporation 
(EFH2), which would be a Texas corporation. EFH would then contribute 
its stock in EFCH to EFH2 causing EFCH to become a wholly owned 
subsidiary of EFH2. EFCH would then convert to a Delaware limited 
liability company by operation of applicable Texas and Delaware law. 
Finally, EFH would merge with and into EFH2 with EFH2 being the 
surviving entity, and EFH2 would change its name to Energy Future 
Holdings Corporation and adopt the current certificate of formation and 
bylaws of EFH.
    Approval of the indirect transfer of the facility operating license 
was requested by Luminant. A notice entitled, AConsideration of 
Approval of Application Containing Sensitive Unclassified Non-
Safeguards Information Regarding Proposed Energy Future Holdings 
Corporation Internal Restructuring,'' was published in the Federal 
Register on January 2, 2013 (78 FR 119), and a correction notice was 
published on January 10, 2013 (78 FR 2295). No comments or hearing 
requests were received. The supplemental letters dated November 26, 
December 5, and December 17, 2012, provided additional information that 
clarified the application and did not expand the scope of the 
application as originally noticed.
    Under 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 U.S. Nuclear Regulatory Commission (NRC) 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, the NRC staff has determined that the proposed indirect 
transfer of control of the subject licenses held by the licensee to the 
extent such will result from the proposed internal restructuring, as 
described in the application, will not affect the qualifications of the 
licensee to hold the respective licenses and is otherwise consistent 
with the applicable provisions of law, regulations, and orders issued 
by the NRC, pursuant thereto, subject to the conditions set forth 
below. The findings set forth above are supported by a safety 
evaluation dated February 25, 2013.

III

    Accordingly, pursuant to Sections 161b, 161i, 161.o, and 184 of the 
Atomic Energy Act of 1954, as amended (the Act), 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 proposed indirect license transfer is 
approved, subject to the following condition:

    On October 10, 2007, Luminant Holding Company LLC, the immediate 
parent company of Luminant Power, provided Luminant Power with a 
support agreement in the amount of $250 million.
    ``It is hereby ordered that in connection with the proposed 
transaction, Luminant Holding Company LLC shall increase the amount 
available under this support agreement to $300 million, which 
provides a source of funding in an amount that is adequate to fund 
approximately one year's worth of the average projected expense for 
the fixed operations and maintenance (O&M) of CPNPP.''

    It is further ordered that after receipt of all required regulatory 
approvals of the proposed indirect transfer action, Luminant shall 
inform the Director of the Office of Nuclear Reactor Regulation in 
writing of such receipt no later than 5 business days prior to the date 
of the closing of the indirect transfer. Should the proposed indirect 
transfer not be completed within 1 year from the date of this Order, 
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 initial 
application dated October 11, 2012 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML12312A157), as supplemented 
by letters dated October 24, November 26, December 5, and December 17, 
2012 (ADAMS Accession Nos. ML12312A071, ML12340A446, ML12354A058, and 
ML12363A028, respectively), and the safety evaluation dated February 
22, 2013, 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. 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 PDR reference staff by 
telephone at 1-800-397-4209, or 301-415-4737, or by email to 
pdr.resource@nrc.gov.

    Dated at Rockville, Maryland this 22nd day of February 2013.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2013-05021 Filed 3-4-13; 8:45 am]
BILLING CODE 7590-01-P
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