In the Matter of STP Nuclear Operating Company and NRG South Texas LP; South Texas Project, Units 1 and 2 and the Associated Independent Spent Fuel Storage Installation, 75333-75335 [2023-24247]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75333-75335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24247]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498, 50-499, and 72-1041; NRC-2023-0128]


In the Matter of STP Nuclear Operating Company and NRG South 
Texas LP; South Texas Project, Units 1 and 2 and the Associated 
Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Indirect transfer of licenses; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the application filed by STP Nuclear Operating Company, 
acting on behalf of Constellation Energy Generation, LLC (CEG) and NRG 
South Texas LP (NRG South Texas) and its parent companies, on June 12, 
2023, as supplemented by letters dated August 31, 2023, and October 5, 
2023. Specifically, the order approves the indirect transfer of 
possession-only non-operating interests in Renewed Facility Operating 
License Nos. NPF-76 and NPF-80 for South Texas Project (STP), Units 1 
and 2, respectively, and its generally licensed independent spent fuel 
storage installation from NRG South Texas to CEG and the issuance of 
conforming amendments to the operating licenses.

DATES: The order was issued on October 30, 2023, and is effective for 1 
year.

ADDRESSES: Please refer to Docket ID NRC-2023-0128 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0128. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected]. The order, the NRC staff safety 
evaluation supporting the order, and the draft conforming license 
amendments are available at ADAMS Package Accession No. ML23279A022.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis Galvin, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-6256; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: October 30, 2023.

    For the Nuclear Regulatory Commission.
Dennis J. Galvin,
Project Manager, Plant Licensing Branch IV, Division of Operator 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Order Approving Indirect Transfer of Licenses and 
Conforming License Amendments

United States of America

Nuclear Regulatory Commission

In the Matter of: STP NUCLEAR OPERATING COMPANY AND NRG SOUTH TEXAS LP; 
(South Texas Project, Units 1 and 2 and 72-1041; the Associated 
Independent Spent Fuel Storage Installation)
Docket Nos. 50-498, 50-499, and
Renewed License Nos. NPF-76 and NPF-80

[[Page 75334]]

Order Approving Indirect Transfer of Licenses and Conforming License 
Amendments

I.

    STP Nuclear Operating Company (STPNOC) is the licensed operator for 
the U.S. Nuclear Regulatory Commission (NRC, the Commission) Renewed 
Facility Operating License Nos. NPF-76 and NPF-80 and the general 
license for the independent spent fuel storage installation (ISFSI), 
which authorize the possession, use, and operation of South Texas 
Project (STP), Units 1 and 2 and the STP ISFSI, respectively 
(collectively, the Facility). The Facility is located in Matagorda 
County, Texas.

II.

    Pursuant to title 10 of the Code of Federal Regulations (10 CFR) 
section 50.80, ``Transfer of licenses,'' 10 CFR 50.90, ``Application 
for amendment of license, construction permit, or early site permit,'' 
and 10 CFR 72.50, ``Transfer of license,'' and by application dated 
June 12, 2023 (Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML23163A176), as supplement by letters dated 
August 31, 2023, and October 5, 2023 (ML23243B056 and ML23279A138, 
respectively), STPNOC, acting on behalf of Constellation Energy 
Generation, LLC (CEG) and NRG South Texas LP (NRG South Texas) and its 
parent companies, requested that the NRC consent to the indirect 
transfer of the possession-only non-operating interests in the NRC 
licenses for the Facility from NRG South Texas to CEG and conforming 
administrative amendments to the licenses to reflect the proposed 
license transfer. NRG South Texas is one of three licensed owners of 
the Facility, owning a 44 percent share of the Facility and holding 
possession-only rights in the NRC licenses.
    On July 19, 2023, the NRC published a notice of consideration of 
approval of the application in the Federal Register (88 FR 46192). This 
notice provided an opportunity to comment, request a hearing, and 
petition for leave to intervene on the application. The NRC did not 
receive any written comments in response to the notice. On July 31, 
2023 (ML23212B247), the City of San Antonio, Texas acting by and 
through the City Public Service Board of San Antonio (CPS Energy), a 
Texas municipally-owned utility, and the City of Austin, Texas 
(Austin), the other two licensed owners of the Facility, submitted a 
motion to dismiss the license transfer application, a motion to stay 
the proceedings and suspend NRC review of the application, and a 
petition to intervene and request for hearing. CPS Energy owns a 40 
percent share and Austin owns a 16 percent share of the Facility. CEG, 
NRG South Texas, and STPNOC filed answers in opposition to the motions 
and CEG and NRG South Texas filed answers in opposition to the hearing 
request; CPS Energy and Austin supplemented their hearing request and 
filed replies. These filings remain pending before the Commission. The 
NRC staff reviewed and considered these filings as part of its 
evaluation of the application.
    Pursuant to 10 CFR 50.80, no license for a utilization facility, or 
any right thereunder, shall be transferred, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control of 
the license to any person, unless the Commission gives its consent in 
writing. Pursuant to 10 CFR 72.50, no license or any part included in a 
license issued under 10 CFR part 72 for an ISFSI shall be transferred, 
either voluntarily or involuntarily, directly or indirectly, through 
transfer of control of the license to any person, unless the Commission 
gives 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 contained in the 
application, the NRC staff has determined that CEG is qualified to 
indirectly hold the licenses, to the extent described in the 
application, and that the transfer of the licenses is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission pursuant thereto, subject to the condition set 
forth below. The NRC also consents to NRG South Texas voiding and 
canceling the existing April 11, 2006, and November 2, 2006, Support 
Agreements upon closing of the proposed transaction and the transfer of 
control to CEG.
    Upon review of the information in the application, as supplemented, 
for conforming administrative amendments to the operating licenses to 
reflect the transfer, the NRC staff has determined that: (1) the 
application for amendments complies with the standards and requirements 
of the Atomic Energy Act of 1954, as amended (AEA), and the 
Commission's rules and regulations set forth in 10 CFR Chapter I; (2) 
the Facility will operate in conformity with the application, the 
provisions of the AEA, and the rules and regulations of the Commission; 
(3) there is reasonable assurance that the activities authorized by the 
amendments can be conducted without endangering the health and safety 
of the public and that such activities will be conducted in compliance 
with the Commission's regulations; (4) the issuance of the amendments 
will not be inimical to the common defense and security or to the 
health and safety of the public; and (5) the issuance of the amendments 
will be in accordance with 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
of the Commission's regulations and all applicable requirements have 
been satisfied.
    The findings set forth above are supported by an NRC staff safety 
evaluation dated the same date as this order, which is available at 
ADAMS Accession No. ML23279A048 (non-proprietary).

III.

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the AEA, 
42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 50.80, 10 CFR 72.50, 
and 10 CFR 50.90, it is hereby ordered that the license transfer 
application, as described herein, is approved, subject to the following 
condition: The NRC staff's approval of the license transfer is subject 
to the Commission's authority to rescind, modify, or condition the 
approved transfer based on the outcome of any post-effectiveness 
hearing or motions on the license transfer application.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed transaction, the applicants shall inform the 
Director of the Office of Nuclear Reactor Regulation in writing of such 
receipt no later than 2 business days prior to the date of the closing 
of the proposed transaction. Should the proposed transaction not be 
completed within 1 year of the date of this order, this order shall 
become null and void, provided, however, that upon written application 
and for good cause shown, such date may be extended by order. The 
condition of this order may be amended upon application by the 
applicants and approval by the NRC.
    It is further ordered that consistent with 10 CFR 2.1315(b), the 
license amendments that make changes, as indicated in Enclosure 2 to 
the letter forwarding this order, to reflect the subject indirect 
license transfer are approved. The amendments shall be issued and made 
effective when the proposed indirect license transfer actions are 
completed.
    This order is effective upon issuance.
    For further details with respect to this order, see the application 
dated June 12, 2023, as supplemented by letters dated

[[Page 75335]]

August 31, 2023, and October 5, 2023, and the associated NRC staff 
safety evaluation dated the same date as this order. 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 Public Document Room reference staff by telephone at 1-800-397-4209 
or 301-415-4737 or by email to [email protected].

    Dated at Rockville, Maryland, this 30th day of October, 2023.

    For the Nuclear Regulatory Commission.

/RA/

Bo M. Pham,

Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2023-24247 Filed 11-1-23; 8:45 am]
BILLING CODE 7590-01-P