ML040440297

Withdrawal of Application for an Order Approving Proposed Corporate Restructuring

ML040440297
Person / Time
Site:	South Texas
Issue date:	02/13/2004
From:	Michael Webb NRC/NRR/DLPM/LPD4
To:	Sheppard J South Texas
Webb M, NRR/DLPM, 415-1347
References
TAC MC0903, TAC MC0904
Download: ML040440297 (7)

Text

February 13, 2004 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - WITHDRAWAL OF APPLICATION FOR AN ORDER APPROVING PROPOSED CORPORATE RESTRUCTURING (TAC NOS. MC0903 AND MC0904)

Dear Mr. Sheppard:

By application dated September 29, 2003, STP Nuclear Operating Company requested the consent of the U.S. Nuclear Regulatory Commission (NRC) to the proposed indirect transfer of control of the South Texas Project (STP), Units 1 and 2, licenses by virtue of the transfer of ownership of approximately 81% of the stock of Texas Genco, LPs (Texas Genco) parent company, Texas Genco Holdings, Inc. from CenterPoint Energy, Inc. to Reliant Resources, Inc.

By letter dated January 29, 2004, you informed the NRC staff that Reliant Resources has declined to exercise the option it holds to purchase CenterPoint Energys interest in Texas Genco Holdings, Inc. and withdrew the September 29, 2003 application. Accordingly, we consider this matter closed.

The Commission has filed the enclosed Notice of Withdrawal of Application with the Office of the Federal Register for publication. If you have any questions regarding this matter, please contact me at 301-415-1347.

Sincerely,

/RA by W.Reckley for/

Michael K. Webb, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosure:

Notice of Withdrawal cc w/encl: See next page

ML040440297

• See previous concurrence OFFICE PDIV-1/PM PDIV-1/LA OGC PDIV-1/SC NAME DJaffe DJohnson CMarco*

WReckley for RGramm DATE 2/11/04 2/12/04 2/10/04 2/13/04

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION STP NUCLEAR OPERATING COMPANY, ET AL.

SOUTH TEXAS PROJECT, UNITS 1 AND 2 DOCKET NOS. 50-498 AND 50-499 NOTICE OF WITHDRAWAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of STP Nuclear Operating Company (the licensee) to withdraw the September 29, 2003, application for an order under Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR) approving the indirect transfer of Facility Operating Licenses 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). STP, Units 1 and 2, are located in Matagorda County, Texas.

The Commission had previously issued a Notice of Consideration of Approval of Application and Opportunity for a Hearing in the FEDERAL REGISTER on November 5, 2003 (68 FR 62641). However, by letter dated January 29, 2004, the licensee withdrew the proposed change.

For further details with respect to this action, see the application for amendment dated September 29, 2003, and the licensees withdrawal letter dated January 29, 2004, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRCs 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 Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC

Web site, http://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@nrc.gov.

Dated at Rockville, Maryland, this 13th day of February, 2004.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

William D. Reckley, Acting Chief, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation

May 2003 South Texas Project, Units 1 & 2 cc:

Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 910 Bay City, TX 77414 A. Ramirez/C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Mr. L. K. Blaylock Mr. W. C. Gunst City Public Service Board P. O. Box 1771 San Antonio, TX 78296 Mr. C. A. Johnson/A. C. Bakken AEP Texas Central Company P. O. Box 289 Mail Code: N5022 Wadsworth, TX 77483 INPO Records Center 700 Galleria Parkway Atlanta, GA 30339-3064 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 D. G. Tees/R. L. Balcom Texas Genco, LP P. O. Box 1700 Houston, TX 77251 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 A. H. Gutterman, Esq.

Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004 Mr. T. J. Jordan, Vice President Engineering & Technical Services STP Nuclear Operating Company P. O. Box 289 Wadsworth, TX 77483 S. M. Head, Manager, Licensing Nuclear Quality & Licensing Department STP Nuclear Operating Company P. O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 Environmental and Natural Resources Policy Director P. O. Box 12428 Austin, TX 78711-3189 Jon C. Wood Matthews & Branscomb 112 East Pecan, Suite 1100 San Antonio, TX 78205 Arthur C. Tate, Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756 Brian Almon Public Utility Commission William B. Travis Building P. O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326

South Texas Project, Units 1 & 2 Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109