ML23219A216

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STPNOC Answer Opposing Motions to Dismiss and Stay by CPS Energy and Austin
ML23219A216
Person / Time
Site: South Texas, 07201041  STP Nuclear Operating Company icon.png
Issue date: 08/07/2023
From: Bessette P, Lighty R, Matthews T
Morgan, Morgan, Lewis & Bockius, LLP, South Texas
To:
NRC/OCM
SECY RAS
References
RAS 56743, 72-1041-LT, 50-498-LT, 50-499-LT
Download: ML23219A216 (0)
v • d • e


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the matter of:

Docket Nos. 50-498-LT, STP NUCLEAR OPERATING COMPANY; 50-499-LT, and CONSTELLATION ENERGY 72-1041-LT GENERATION, LLC; and NRG SOUTH TEXAS LP and Its Parent Companies August 7, 2023 (South Texas Project, Units 1 and 2)

STP NUCLEAR OPERATING COMPANYS ANSWER OPPOSING MOTION TO DISMISS LICENSE TRANSFER APPLICATION AND IMMEDIATELY STAY NRC PROCEEDINGS SUBMITTED BY THE CITY OF SAN ANTONIO, TEXAS ACTING BY AND THROUGH THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO AND CITY OF AUSTIN, TEXAS PAUL M. BESSETTE, ESQ.

TIMOTHY P. MATTHEWS, ESQ.

RYAN K. LIGHTY, ESQ.

MORGAN, LEWIS & BOCKIUS LLP Counsel for STP Nuclear Operating Company

I. INTRODUCTION STP Nuclear Operating Company (STPNOC) hereby files its Answer opposing the motions filed by the City of San Antonio, Texas, acting by and through the City Public Service Board of San Antonio (CPS Energy) and the City of Austin, Texas, d/b/a Austin Energy (Austin) (collectively Cities)1 on July 31, 2023, as part of a multi-issue filing (the Filing),

to the extent they rely on the incorrect premise that STPNOC acted without authority.2 Cities request a dismissal of the License Transfer Application (LTA)3 filed by STPNOC4 on June 12, 2023 (Motion to Dismiss), and seek an immediate stay of all Nuclear Regulatory Commission (NRC) actions related thereto (Motion to Stay) (collectively, Motions). As stated in the LTA, STPNOC submitted the application on behalf of co-owner NRG South Texas as a co-owner licensee, its parent companies as the proposed transferors, and Constellation Energy Generation, LLC (CEG) as the proposed transferee, and requested NRC consent pursuant to 10 C.F.R. § 50.80 for the proposed indirect transfer of control of the South Texas Project Energy Generating Station (STPEGS) licensee in compliance with Section 184 of the Atomic Energy Act of 1954.5 As demonstrated below, STPNOC, as the NRC licensed operator of the facilities, had clear authority and a duty to file the LTA to ensure compliance with the NRCs statutory, regulatory, and procedural requirements. Accordingly, to the extent that Cities rely on the 1

Cities are licensed co-owners of South Texas Project Units 1 and 2. Together with NRG South Texas LP (NRG South Texas), they own 100% of South Texas Project Electric Generating Station (STPEGS). NRG South Texas, CPS Energy and Austin, respectively own 44, 40 and 16 percent undivided interests in STPEGS.

2 Motion to Dismiss License Transfer Application, Immediately Stay NRC Proceedings, and Petition to Intervene of the City of San Antonio, Texas Acting by and through the City Public Service Board of San Antonio and City of Austin, Texas (Jul. 31, 2023) (Filing) (ML23212B248).

3 Application for Order Approving Indirect Transfer of Control of Licenses (June 12, 2023) (ML23163A177)

(LTA).

4 STPNOC is a Texas non-profit corporation formed by the owners to operate STPEGS pursuant to a Participation Agreement and an Operating Agreement. STPNOC is the NRC-licensed operator of STPEGS.

5 The LTA also requested conforming administrative license amendments consistent with the proposed transfer.

mistaken premise that STPNOC acted without authority, the Commission should deny the Motions.6 II. BACKGROUND A. STPNOCs Authority and Obligations as NRC Communicator Two agreements principally describe the relationship among the owner participants and STPNOC: the Participation Agreement and the Operating Agreement.7 Turning first to the Participation Agreement, Section 10.1 of the Participation Agreement provides that the Participants have engaged [STPNOC] to do all things necessary or desirable under the terms of the Operating Agreement for the operation, maintenance, repair, replacement, reconstruction, decontamination and decommissioning of [STPEGS].8 Section 9.3 describes the various functions of the Owners Committee. The duties of the Owners Committee with respect to STPNOCs submittals to the NRC are (as expressly limited by section 9.3.6) to:

[a]pprove and join, where necessary, any application to the NRC as appropriate to provide for the reliable, safe and efficient operation of [STPEGS] by [STPNOC] pursuant to the Operating Agreement.9 6

Cities July 31, 2023 Filing also incorporated a petition to intervene and hearing request. STPNOC is separately considering answering the petition and hearing request and, if so, will respond within the time provided in 10 C.F.R. § 2.309(i)(1). Aside from clarifying its authority to file the LTA, STPNOC takes no position with respect to Cities Filing or any dispute among the co-owners regarding their respective rights to ownership.

7 Amended and Restated South Texas Project Participation Agreement between City of San Antonio, Central Power and Light Co., Houston Lighting & Power Co., City of Austin (Nov. 17, 1997) (non-public) (Filing, Exh. A) (Participation Agreement); South Texas Project Operating Agreement, between City of San Antonio, Texas, acting through the City Public Service Board of San Antonio, Central Power and Light Co.,

Houston Lighting & Power Co., City of Austin, and STP Nuclear Operating Company (Nov. 17, 1997) (non-public) (Filing, Exh. B) (Operating Agreement).

8 Participation Agreement § 10.1.

9 See id. § 9.3.6.

2

Such responsibility is narrowly limited to those applications where co-owner participation in the pleading is both necessary and appropriate, and even then, only as specifically described in the Operating Agreement.

Turning next to the Operating Agreement, Section 2.1 of the Operating Agreement recognizes STPNOC as the designated interface with the NRC on behalf of the Owners:

[STPNOC] shall act on behalf of the Participants in all matters related to NRC licensing of [STPEGS], and on behalf of the Participants . . . in accordance with the Operating Licenses and applicable laws and regulatory requirements and Participants Direction from time to time; provided that [STPNOC] shall have sole authority, as the Operator of [STPEGS] pursuant to the Operating Licenses, to make all decisions to protect public health and safety as required by the Operating Licenses and applicable laws and regulations and as are necessary to comply with applicable laws and regulations.10 Section 9.3 addresses STPNOCs role in assisting the individual owners in carrying out their obligations as NRC licensees:

At the request of any Participant from time to time, [STPNOC] shall provide such Participant with data and assistance as may be requested by such Participant to enable such Participant to satisfactorily discharge, as a co-owner of [STPEGS], such Participants responsibilities to its security holders, to regulatory authorities and others.11 B. Chronology Relating to STPNOCs Review and Filing of the LTA NRG and CEG announced their agreement for the sale of NRG South Texas on Thursday, June 1, 2023.12 That same day, counsel for NRG South Texas and CEG provided STPNOC counsel a draft LTA for STPNOCs review. On Friday, June 2, 2023, representatives 10 Operating Agreement § 2.1 (emphasis added).

11 Id. § 9.3 (emphasis added).

12 Equity Purchase Agreement by and among Constellation Energy Generation, LLC, as Buyer and Texas Genco GP, LLC, Texas Genco LP, LLC, together, as Seller (May 31, 2023) (submitted to the U.S. Securities and Exchange Commission as an 8-K Current Report on June 1, 2023), available at https://www.sec.gov/Archives/edgar/data/1013871/000110465923067085/tm2317549d1_ex2-1.htm.

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of the Cities wrote a letter to STPNOCs Chief Executive Officer (CEO) requesting that STPNOC refrain from expressing views regarding the proposed transaction that be [sic]

inconsistent with the owners rights under the participation agreement and asking that STPNOC promptly inform [Cities] regarding any activities or planning regarding licensing activities at the NRC regarding this matter.13 On Monday, June 5, 2023, STPNOCs CEO replied to the Cities representatives saying:

[W]e commit to the following:

  • [STPNOC] will refrain from expressing views regarding the proposed transaction that are inconsistent with the owners rights under the restated participation agreement.
  • Per your request, Constellation representative will not attend the STPNOC Board of Directors meeting scheduled for June 7, 2023.
  • STPNOC will provide planned communications and the communication plan to the Owners Committee for their concurrence, and we can further discuss communications during the Owners Committee meeting on June 7, 2023.

It is our understanding that Constellation plans to have the license transfer application submitted to the NRC by Thursday and will request an approval by November of this year.14 On June 7, 2023, the Owners Committee discussed the proposed acquisition, including the planned submittal to the NRC requesting its consent.15 As required by STP procedures for amendments to the NRC licenses, STPNOC personnel reviewed the proposed conforming license changes with the STPNOC Plant Operations Review Committee (PORC) on Thursday, June 8, 13 Letter from S. Ramirez (CPS Energy) and A. Perny (Austin) to T. Powel (STPNOC), Announced Sale of NRG Energy Inc.s Ownership Stake in the South Texas Project at 1 (June 2, 2023) (Filing, Exh. G) (June 2nd Letter).

14 Letter from G.T. Powell (STPNOC) to S. Ramirez (CPS Energy) and A. Perny (Austin), Memorandum dated June 2, 2023 (June 5, 2023) (Filing, Exh. H).

15 Decl. of Blaylock at ¶ 9 (July 31, 2023) (Filing, Exh. C) (Blaylock Declaration).

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2023, incorporated comments, and prepared the document for filing. On Monday, June 12, 2023, STPNOC filed the LTA with the NRC. That same day, STPNOCs Chief Nuclear Officer (CNO) communicated to the Owners Committee regarding the filing.16 The following day, June 13, 2023, STPNOCs CEO communicated to the Owners Committee, reiterating that the LTA had been filed, indicating that STPNOC licensing personnel would need to have routine communications with NRC personnel processing that application, and reaffirming that STPNOC will continue to refrain from expressing views regarding the proposed transaction that are inconsistent with the owners rights under the restated participation agreement.17 As committed to the co-owners, in the LTA STPNOC took no position on the differing views of the owners regarding application of the Right of First Refusal (ROFR) in Section 17 of the Participation Agreement.

III. STPNOC ACTED WITHIN ITS AUTHORITY IN FILING THE LTA As an overarching matter, STPNOC takes no position on the merits of any dispute between and among the co-owners regarding the proposed transfer of ownership. However, to the extent Cities have asserted that STPNOC lacked the authority to perform the ministerial act of submitting the Application to the NRC, STPNOC opposes those assertions and offers the information below demonstrating that those claims are incorrect and unsubstantiated, to the extent it may be helpful to the Commission in resolving the Motions.18 16 Email from K. Harshaw (STPNOC) to Owners Committee re: License Transfer Application Filing (June 12, 2023) (Attachment A).

17 Email from G.T. Powell (STPNOC) to Owners Committee, re: Owners [sic] Committee regarding LTA processing (Jun. 13, 2023) (Attachment B).

18 The criteria for adjudicating a request to stay a licensing proceeding include, among other things, whether the requestor has made a strong showing that it is likely to prevail upon the merits. Private Fuel Storage, LLC (Indep. Spent fuel Storage Installation), CLI-02-11, 55 NRC 260, 262-263 (2002) (citations omitted). Cities have raised STPNOCs authority to file the LTA as a merits issue. See Filing at 21 (Contention 1) and 22-25 (Contention 3).

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STPNOC is charged under the governance documents with ensuring NRC regulatory compliance and assisting owners with NRC regulatory compliance. Under Section 10.1 of the Participation Agreement, STPNOC is granted authority to do all things necessary or desirable under the terms of the Operating Agreement for the operation. . . of [STPEGS]. Ensuring continued compliance with NRC regulations and the facility licenses is core to operation of those licensed facilities. Under Section 2.1 of the Operating Agreement, STPNOC is the designated interface with the NRC on behalf of the Owners. Specifically,

[STPNOC] shall act on behalf of the Participants in all matters related to NRC licensing of [STPEGS], and on behalf of the Participants . . . in accordance with the Operating Licenses and applicable laws and requirements and Participants Direction from time to time; provided that [STPNOC] shall have sole authority, as the Operator of [STPEGS] pursuant to the Operating Licenses and applicable laws and regulations and as are necessary to comply with applicable laws and regulations.19 Thus, STPNOCs obligation for assuring compliance with the requirements of NRCs regulations and its licenses is clear.

The Operating Agreement also charges STPNOC with assisting the owner participants in fulfilling their respective regulatory obligations connected to the NRC licenses. Section 9.3 states:

At the request of any Participant from time to time, [STPNOC] shall provide such Participant with data and assistance as may be requested by such Participant to enable such Participant to satisfactorily discharge, as a co-owner of [STPEGS], such Participants responsibilities to its security holders, to regulatory authorities and others.

19 Operating Agreement § 2.1 (emphasis added). See also, Blaylock Declaration at ¶ 4, The STP Operating Agreement gives STPNOC general authority to operate the plant and manage NRC licensing matters for the owners.

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Thus, STPNOCs unqualified authority for ensuring regulatory compliance with the NRC operating licenses is clear and unambiguous. Similarly, its duty to assist owner participants with theirs is also clear. Neither is limited or qualified by the consent or affirmative vote of the Owners Committee.

That NRCs prior written consent for a transfer of control of an NRC licensee (such as NRG South Texas) is legally requiredand a matter of regulatory complianceis not disputed.

Section 184 of the Atomic Energy Act of 1954, as amended, requires prior written consent for any transfer of control, direct or indirect.20 NRC regulations at 10 C.F.R. § 50.80 flow down this requirement for reactor licenses and specify what information should be included in a transfer request.

Relevant to Cities allegations regarding STPNOCs authority, 10 C.F.R. § 50.80 does not require detailed information in the application regarding the proposed transferees right to ownership. Significantly, on that subject it provides:

The Commission may require any person who submits an application for license pursuant to the provisions of this section to file a written consent from the existing licensee or a certified copy of an order or judgment of a court of competent jurisdiction attesting to the person's right (subject to the licensing requirements of the Act and these regulations) to possession of the facility or site involved.21 20 42 USC § 2234 (No license granted hereunder and no right to utilize or produce special nuclear material granted hereby shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission shall, after securing full information, find that the transfer is in accordance with the provisions of this Act, and shall give its consent in writing. The Commission may give such consent to the creation of a mortgage, pledge, or other lien upon any facility or special nuclear material, owned or thereafter acquired by a licensee, or upon any leasehold or other interest to such facility, and the rights of the creditors so secured may thereafter be enforced by any court subject to rules and regulations established by the Commission to protect public health and safety and promote the common defense and security.).

21 10 C.F.R. § 50.80(b)(2) (emphasis added).

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In this case, the transferring owner, NRG South Texas, requested the application be filed. Thus, under the NRCs regulation, if additional information might be required by the NRC Staff, in its discretion, it is not required unless and until requested, i.e., after the application is submitted.

Thus, the possibility of a dispute among the owners regarding the transfer could not limit STPNOCs authority or duty to file the LTA.

On June 1, 2023, co-owner NRG South Texas, on behalf of itself and the buyer, requested STPNOCs assistance in review and filing with the NRC and provided a draft LTA.

Because the LTA requires conforming administrative changes to the NRC licenses, STPEGS procedures require those changes be reviewed by the PORC.22 STPNOC licensing personnel also conducted a compliance review of the draft LTA and enclosures. While Cities expressed surprise and concern about the transaction in their June 2nd letter, they did not question, much less challenge, STPNOCs authority or responsibility regarding the NRC filing. Rather, they requested that STPNOC refrain from expressing view regarding the proposed transaction that

[sic] be inconsistent with the owners rights under the participation agreement and asked that STPNOC promptly inform [Cities] regarding any activities or planning regarding licensing activities at the NRC regarding this matter.23 STPNOC took no position in the dispute among the owners regarding interpretation of the ROFR and kept all owners updated on status of the preparation of the LTA. STPNOCs CEO reported that an NRC submittal was being targeted for June 8th, requesting approval in November. Cities never questioned, much less challenged, 22 STPEGS Procedure 0PAP01-ZA-0104, Plant Operations Review Committee, Rev. 21, Addendum 1 ¶ 4 (Dec. 15, 2022) (Attachment C); [STPEGS] Operations Quality Assurance Plan, Rev. 25, ch. 19, Administrative Controls, § 5.1.6.5 (Jan. 4, 2022) (ML22004A276).

23 June 2nd Letter at 1.

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STPNOCs authority or duty to file.24 In fact, CPS Energy recognized STPNOCs continued adherence to the governance agreements.25 Cities new arguments purporting to limit STPNOCs authority as the licensed operator are not grounded in NRC requirements either. STPNOC adhered to well-known NRC precedents under 50.80 affirming that a clear path to legal title is not a prerequisite for the initial filing a license transfer application, docketing of the application by NRC staff, or even substantive NRC review. As the recent Bellefonte case made clear, the Staff can and will exercise its discretion to review an application while commercial disputes play out on a separate path.26 Accordingly, STPNOC had no authority to prevent a legally permissible submittal and doing so (or voluntarily withdrawing the LTA as Cities requested) would have violated its obligations under Sections 2.1 and 9.3 of the Operating Agreement.

STPNOCs interpretation of its obligations under the governance documents was not new or a case of first impression. Rather, it is consistent with long-established practice under which STPNOC filed numerous transfer requests on behalf of the owner participantsincluding on behalf of CPS Energy in 2004.27 24 Indeed, Cities dont assert that they did. Rather, Cities assert that STPNOC failed to ask them for permission.

Blacklock Declaration at ¶ 9. But this argument ignores STPNOCs authority under the governance agreements. Cities took no action to limit that authority.

25 Letter from S. Ramirez (CPS Energy) to T. Powel (STPNOC), Litigation Involving NRG South Texas, LPs Ownership Interest in the South Texas Project at 1 (Jun. 23, 2023) (Filing, Exh. L).

26 See, e.g., Letter from O. Tabatabai, NRC, to W. McCollum, Jr., Nuclear Development, LLC, Status of the

[NRC] Staffs Review of Nuclear Development, LLC Application for Order Approving Construction Permit Transfers [] at 1 (Aug. 31, 2020) (ML20230A369) (noting that resolution of the ownership dispute was the only outstanding item and that Staff otherwise was on track to complete its review the following month).

27 See, e.g., South Texas Project Units 1 & 2, Request for Threshold Determination Under 10 CFR 50.80 (Aug. 1, 2012) (ML12228A380) (on behalf of NRG South Texas LP and involving a merger of upstream parents);

South Texas Project Units 1 & 2, Application for Order Approving Indirect Transfer of Control of Licenses, (May 3, 2007) (ML071340049) (on behalf of NRG South Texas LP and NRG Energy, Inc.); South Texas Project Units 1 & 2, Application for Order Approving Indirect Transfer of Control of Licenses (Oct. 14, 2005)

(ML052930153) (on behalf of NRG South Texas LP and NRG Energy, Inc. acquiring from Texas Genco LLC); South Texas Project Units 1 & 2, Application for Order Approving Transfers of Control of Licenses and Conforming License Amendments (Oct. 21, 2004) (ML043030240) (on behalf of Texas Genco, LP, CPS 9

Cities newly articulated arguments fail to acknowledge STPNOCs non-delegable obligations for NRC regulatory compliance, their own contemporaneous recognition of STPNOCs proper adherence to those obligations, or long- established precedents among the participants. Given the above-described authority and additional information regarding the appropriate context of the relevant agreements, it is clear that STPNOC acted within its authority in filing the LTA.

IV. CONCLUSION For all of the many reasons set forth above, to the extent the Motions are premised on the assertion that STPNOC acted without authority to file the LTA, they must be denied.28 Energy and AEP Texas Central Company and splitting the exiting owners share); South Texas Project Units 1

& 2, Application for Order Approving Indirect Transfer of Control of Licenses (Oct. 12, 2004)

(ML042890380) (on behalf of Texas Genco, LP, CenterPoint Energy, Inc. and GC Power Acquisition LLC);

South Texas Project Units 1 & 2, Application for Consent to Transfer Non-Operating Ownership Interest and Conforming License Amendments (April 21, 2004) (ML041420134) (on behalf of AEP Texas Central Company and Cameco South Texas Project LP; South Texas Project Units 1 & 2, Application for Order Approving Indirect Transfer of Control of Licenses, (Sep. 29, 2003) (ML032760227) (on behalf of Texas Genco, LP and seeking consent to the transfer to Reliance Resources ownership from CenterPoint); South Texas Project Units 1 & 2, Application for Order and Conforming Administrative Amendments for Transfer of Licenses (Jun. 28, 2001) (ML011830446) (on behalf of Central Power and Light Company or internal restructuring). Since the establishment of STPNOC, only one application for NRC consent for change of control involving STPEGS has been submitted by an entity other than STPNOC. See Exelon Generation Company, LLC, Application for Approval of Indirect Transfer of Control of Licenses (Jan. 29, 2009)

(ML090420400) (involving an unsolicited bid by Exelon Corporation for the stock of NRG Energy, Inc.).

28 As noted at the outset, STPNOC takes no position with respect to Cities Filing or any dispute among the co-owners regarding their respective rights to ownership.

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Respectfully submitted, Signed (electronically) by Ryan K. Lighty RYAN K. LIGHTY, ESQ.

MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 (202) 739-5274 Ryan.Lighty@morganlewis.com Executed in Accord with 10 C.F.R. § 2.304(d)

PAUL M. BESSETTE, ESQ.

TIMOTHY P. MATTHEWS, ESQ.

MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 (202) 739-5796 (202) 739-5527 Paul.Bessette@morganlewis.com Timothy.Matthews@morganlewis.com Counsel for STP Nuclear Operating Company Dated in Washington, DC this 7th day of August 2023 11

ATTACHMENT A Email from K. Harshaw (STPNOC) to Owners Committee re: License Transfer Application Filing (June 12, 2023).

From: Harshaw, Kym Sent: Monday, June 12, 2023 11:48 AM To: Powell, Tim <gtpowell@STPEGS.COM>; Ramirez, Shanna M. <SMRamirez@cpsenergy.com>; Andy Perny - Austin Energy (Andy.perny@austintexas.gov) <Andy.perny@austintexas.gov>; Jackson, Rachel <rljackson@STPEGS.COM>;

'Rodrigo Figueroa (rfigueroa@dykema.com)' <rfigueroa@dykema.com>; Liebmann, Wilhelm

<WLiebmann@dykema.com>

Cc: Jackson, Rachel <rljackson@STPEGS.COM>; Zahn, Skip <skip.zahn@nrg.com>; Ethridge, Benjamin

<blethridge@cpsenergy.com>; Sweeney, Pat <Pat.Sweeney@austinenergy.com>; Blaylock, Larry D.

<ldblaylock@cpsenergy.com>

Subject:

License Transfer Application Filing Dear Owners-Per your request to STPNOC dated June 2, 2023, I am informing you that STP will be filing the License Transfer Applicaon with the NRC today on behalf of itself, NRG, and Constellaon. Those of you on the normal distribuon for STPs NRC licensing correspondence should receive a non-proprietary copy this aernoon through that normal distribuon process.

Please call with any quesons.

Regards, Kym Kimberly A Harshaw Executive Vice President & Chief Nuclear Officer STP Nuclear Operating Company Office 361-972-4778 Cell 202-557-8821 kaharshaw@stpegs.com 1

ATTACHMENT B Email from G.T. Powell (STPNOC) to Owners Committee, re: Owners [sic] Committee regarding LTA processing (Jun. 13, 2023).

From: Powell, Tim <gtpowell@STPEGS.COM>

Sent: Tuesday, June 13, 2023 7:17 AM To: Zahn, Skip <skip.zahn@nrg.com>; Ethridge, Benjamin <blethridge@cpsenergy.com>; Sweeney, Pat

<Pat.Sweeney@austinenergy.com>; Blaylock, Larry D. <ldblaylock@cpsenergy.com>

Cc: Harshaw, Kym <kaharshaw@STPEGS.COM>; Jackson, Rachel <rljackson@STPEGS.COM>; VOLKMER, KARSON

<KDVOLKMER@STPEGS.COM>; Richards, Drew <amrichards@STPEGS.COM>

Subject:

Owners" Committee regarding LTA processing Owners Commiee:

As communicated yesterday by Kym Harshaw, STP submied a NRC License Transfer Applicaon for the proposed sale of NRCs ownership interest in STP to Constellaon. As a normal course of business, processing this applicaon will necessitate communicaon between STP employees and Constellaon employees regarding this transacon. As is the case for all NRC licensing acvies associated with STP, STP licensing employees are responsible for interfacing with the NRC project manager assigned to STP regarding this applicaon. This interface includes status conversaons, receiving requests for informaon and responding to such requests. Communicaons between STP and Constellaon licensing employees will be required to support the process and ensure that accurate informaon is provided to the NRC. Further, joint conversaons with Constellaon licensing personnel, STP licensing personnel, other subject maer experts and the NRC will likely be necessary to resolve quesons. STP will connue to refrain from expressing views regarding the proposed transacon that are inconsistent with the owners rights under the restated parcipaon agreement.

Respecully, Tim 1

ATTACHMENT C STPEGS Procedure 0PAP01-ZA-0104, Plant Operations Review Committee, Rev. 21 (Dec.

15, 2022).

SOUTH TEXAS PROJECT ELECTRIC GENERATING STATION D0527 STI 35407232 Rev. 21 0PAP01-ZA-0104 Page 1 of 20 Plant Operations Review Committee Quality Non Safety-Related Usage: Available Effective Date: 12/15/2022 R. A. Smith John Hoffman N/A Operations Support PREPARER TECHNICAL USER COGNIZANT ORGANIZATION Table of Contents Page

1.0 Purpose and Scope

......................................................................................................................... 2 2.0 Definitions ...................................................................................................................................... 2 3.0 Procedure........................................................................................................................................ 2 3.1 Member Expectations............................................................................................................ 2 3.2 PORC Membership/Training ................................................................................................ 3 3.3 Meeting Requirements .......................................................................................................... 4 3.4 Review Process ..................................................................................................................... 5 4.0 References ...................................................................................................................................... 8 5.0 Support Documents ........................................................................................................................ 8 Addendum 1, Items Required To Be Reviewed by PORC .............................................................. 9 Addendum 2, Procedures And Changes Required To Be Reviewed By PORC .......................... 11 Addendum 3, Reports Required To Be Reviewed By PORC ...................................................... 17 Form 1, PORC Review Cover Sheet ............................................................................................. 18 Form 2, PORC Member Job Familiarization Guide (JFG)........................................................... 19

0PAP01-ZA-0104 Rev. 21 Page 2 of 20 Plant Operations Review Committee

1.0 Purpose and Scope

1.1 The purpose of the procedure is to:

1.1.1 Establish a charter for the Plant Operations Review Committee (PORC), and 1.1.2 Ensure the requirements for Plant Operations Review Committee review as stated in Chapter 19 of the Operations Quality Assurance Plan (OQAP), and 1.1.3 Establish a process for PORC review of required activities.

2.0 Definitions 2.1 PORC CHAIRMAN: A member as discussed in Step 3.2.1 (except for the Quality Assurance/Quality Control Member) appointed in writing by the Plant General Manager.

2.2 PORC SECRETARY: An individual designated by the chairman to perform certain administrative functions to assist the PORC. This position is not necessarily a standing function and MAY be designated at the discretion of the chairman.

2.3 IMPLEMENTING PROCEDURE: Provides detailed instructions for performing specific functions/processes that are subordinate to an associated station plan or program procedure. (Addendum 2, Procedures And Changes Required To Be Reviewed By PORC, contains examples of implementing procedures.)

3.0 Procedure 3.1 Member Expectations 3.1.1 The designated member should attend all meetings while on-site. If a designated alternate will need to attend, they should be briefed by the member on agenda items.

3.1.2 Member focus should be primarily on the safety implications associated with presented items. Administrative issues and non-safety related concerns should be addressed outside the meeting.

3.1.3 Members are expected to provide an objective critical review of presented items.

If there is any doubt as to the thoroughness of the technical reviews or any unanswered safety questions, the member should not vote for approval of the item.

3.1.4 Meetings are to be conducted in a professional manner with formal votes to ensure clear understanding of positions.

3.1.5 Members should ensure that any identified nuclear safety concerns are promptly brought to the attention of the Plant General Manager.

3.1.6 Members and alternates are required to obtain and maintain the training and qualifications associated with assignment to PORC.

0PAP01-ZA-0104 Rev. 21 Page 3 of 20 Plant Operations Review Committee 3.2 PORC Membership/Training 3.2.1 The PORC shall be composed of six members, who shall be appointed in writing by the Plant General Manager from senior experienced onsite individuals at the manager level or equivalent, representing each of the following disciplines:

engineering, operations, chemistry, health physics, quality assurance/quality control and maintenance. The PORC Chairman shall be appointed in writing from among those members by the Plant General Manager. The Quality Assurance/Quality Control representatives shall not be appointed as PORC Chairman and will serve as a non-voting member. The Health Physics representative shall meet the qualification of a Radiation Protection Manager as defined in Regulatory Guide 1.8, Revision 1-R (Personnel Selection and Training).

3.2.2 All alternate members shall be appointed in writing by the Plant General Manager to serve on a temporary basis; however, no more than two alternates shall participate as voting members in PORC activities at one time. Alternates SHALL NOT vote at the same time as the member they substitute for.

3.2.3 Committee Member Orientation 3.2.3.1 PORC members and alternates are required to complete Form 2, PORC Member Job Familiarization Guide (JFG)/Cert #1057 prior to serving as a PORC committee member.

a. PORC members should complete the PORC Member JFG within 3 months of being appointed.

0PAP01-ZA-0104 Rev. 21 Page 4 of 20 Plant Operations Review Committee 3.3 Meeting Requirements 3.3.1 The PORC shall meet at least once per calendar month and at other times as convened by the chairman or designated alternate.

NOTE The Committee SHALL NOT make a recommendation to the Plant General Manager on the basis of a telephone conference without each voting individual being in possession of the pertinent information.

(Reference 4.7) 3.3.2 A quorum, consisting of the PORC Chairman or designated alternate and three other members (including alternates), is necessary at each PORC meeting for the performance of the PORC responsibility and authority provision.

3.3.3 At least one person currently qualified as a SRO at STPEGS shall participate in each PORC meeting.

3.3.4 A majority vote by quorum members is required to make recommendations.

3.3.5 Minutes of the meeting SHALL document the results of all PORC activities performed under the responsibility provisions of the Operations Quality Assurance Plan and shall be approved by the chairman. Copies of the minutes SHALL be provided to the President and Chief Executive Officer and the appropriate organizational unit.

3.3.6 Each PORC meeting should be assigned an identifying number (e.g.,03-001, 03-002, etc.) to be displayed on the PORC meeting minutes.

3.3.7 The handling of and access to safeguards or security sensitive information documents SHALL be controlled in accordance with 0PGP03-ZA-0108, Safeguards Information Program or 0PGP03-ZA-0138, Security Sensitive Information Program, as applicable.

0PAP01-ZA-0104 Rev. 21 Page 5 of 20 Plant Operations Review Committee 3.4 Review Process 3.4.1 The Plant Operations Committee shall function to advise the Plant General Manager on all matters related to nuclear safety. PORC is to review and recommend for approval or disapproval to the Plant General Manager the items brought before the PORC as required by UFSAR 13.5, Technical Specifications or Technical Requirements Manual, Chapter 19 of the OQAP and site procedures (Refer to Addendum 1). To accomplish this PORC will routinely review: (Refer to Addendum 3) 3.4.1.1 Required Items as defined in the UFSAR, Technical Specifications or Technical Requirements Manual, OQAP and site procedures.

3.4.1.2 Special Items requested by the Committee based on recent problems and trends.

3.4.2 The PORC's philosophy on conducting reviews, including before the fact reviews of proposed changes to the Technical Specifications and Operating License, is to ensure that the safety implications of the item being reviewed have been adequately addressed.

3.4.3 Items are discussed in the meeting to the extent PORC members deem appropriate. PORC Action Items, which require formal closing may be generated. An Action Item is considered complete when the PORC requires no further action on it. If dissenting opinions exist between PORC members, the name of the dissenting member and the reason for dissenting should be recorded in the minutes.

3.4.4 "Walk-ins" are allowed in the regularly scheduled meeting with the permission of the chairman and should be sponsored by the manager of the group requesting the review. In addition, walk-in items should meet the following criteria:

3.4.4.1 The item is such that, without its review by the PORC, could result in a limitation on plant operations (e.g., plant shutdown, power operation, violation of regulation, etc.).

3.4.4.2 The item is too time sensitive to await the next regularly scheduled meeting.

0PAP01-ZA-0104 Rev. 21 Page 6 of 20 Plant Operations Review Committee NOTE

  • An item MAY be withdrawn from consideration prior to the adjournment of the meeting by the person responsible for submitting the item for PORC review.
  • For new procedures, the proper PORC Classification SHALL be determined during procedure preparation in accordance with guidance in 0PAP01-ZA-0101 (Plant Procedure Writers Guide) and 0PAP01-ZA-0102 (Plant Procedures). Addendum 1 of this procedure includes specific guidance regarding new and existing procedures that require PORC review.

3.4.5 Line Managers are responsible for:

3.4.5.1 Ensuring all items are scheduled in advance for PORC review unless the criteria in Step 3.4.4 are met.

3.4.5.2 Ensuring that items submitted are technically and administratively correct prior to submittal.

3.4.5.3 Ensuring appropriate items and support documentation are provided. For document changes, a summary should be provided with justification that the changes do not negatively impact the licensing basis or margin of safety.

3.4.6 For items which are submitted for PORC Review:

3.4.6.1 A knowledgeable representative from the submitting department should attend the meeting and be prepared to present the material, answer committee questions, and act as an advocate of the proposal being presented.

3.4.6.2 PORC shall review items and make appropriate recommendations in accordance with Addendum 1.

3.4.6.3 IF any Condition Report investigation report is revised after its PORC review, THEN the need for any follow up PORC review shall be determined by the PORC Chairman; based on whether the revision significantly affected the Nuclear Safety aspects of the Condition Report. This determination is to be documented in the originating action for the PORC review of the Condition Report.

3.4.6.4 The secretary shall ensure a PORC Review Cover Sheet, Form 1, is completed and attached for each item documenting the review and recommendations of PORC.

0PAP01-ZA-0104 Rev. 21 Page 7 of 20 Plant Operations Review Committee 3.4.6.5 The Plant General Manager shall review each item forwarded by PORC in accordance with Addendum 1, including the recommendations of the PORC, and either approve or disapprove each item.

3.4.6.6 IF the Plant General Manager disagrees with the recommendation of the PORC, THEN the Plant General Manager shall notify the PORC Chairman.

NOTE Occasionally items recommended for approval by PORC may be returned to the preparing department by the Plant General Manager for additional clarification or editorial/administrative changes. These instances DO NOT constitute a disagreement between the PORC and the Plant General Manager.

3.4.6.7 If in the judgment of the chairman, a disagreement between PORC and the Plant General Manager exists, the chairman shall notify the President and Chief Executive Officer AND the Senior Management Team in writing, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of learning of the disagreement. The Plant General Manager SHALL have the responsibility for resolution of such disagreements pursuant to OQAP Chapter 19.

3.4.6.8 The secretary may authorize trivial or editorial changes to items which have been approved by PORC. All other changes to items approved by PORC shall be resubmitted for review by PORC.

0PAP01-ZA-0104 Rev. 21 Page 8 of 20 Plant Operations Review Committee 4.0 References 4.1 Technical Specifications 4.2 Technical Requirements Manual 4.3 Operations Quality Assurance Plan 4.4 STPEGS Final Safety Analysis Report, Sections 13.5.1 and 14.2 4.5 NRC Regulatory Guide 1.8, Personnel Selection and Training Rev. 1-R 4.6 NRC Regulatory Guide 1.33 4.7 Response to Notice of Violation 499/8907-01, Part 4, Concerning PORC Approval Review per Telecon without All Pertinent Information Available to PORC members 4.8 DR 91-064, 10CFR50.59 Training and Timely Approval of PORC Minutes 4.9 CR 03-1494-1, PORC members 10CFR50.59 Training Requirements 4.10 CR 13-3201, PORC Review Cover Sheet Not Completed Consistently 4.11 CR 13-7867, IER L1-13-10 Evaluation 4.12 CR 13-9672, IER L1-13-10 Implementing Actions 4.13 0DCS02-ZN-0002, 10CFR72.48 Screening and Evaluations 4.14 0PAP01-ZA-0102, Plant Procedures 4.15 0PGP05-ZA-0002, 10CFR50.59 Evaluations 4.16 0PGP05-ZN-0004, Changes to Licensing Basis Documents and Amendments to the Operating License 4.17 0PGP05-ZN-0004A, Technical Specification Bases Control Program 4.18 INPO Event Report (Level 1) IER 13-10, Nuclear Accident at the Fukushima Daiichi Nuclear Power Station 4.19 0PGP03-ZA-0108, Safeguards Information Program 4.20 0PGP03-ZA-0138, Security Sensitive Information Program 4.21 0PAP01-ZA-0101, Plant Procedure Writers Guide 5.0 Support Documents 5.1 Addendum 1, Items Required To Be Reviewed by PORC 5.2 Addendum 2, Procedures And Changes Required To Be Reviewed By PORC 5.3 Addendum 3, Reports Required To Be Reviewed By PORC 5.4 Form 1, PORC Review Cover Sheet 5.5 Form 2, PORC Member Job Familiarization Guide (JFG)

0PAP01-ZA-0104 Rev. 21 Page 9 of 20 Plant Operations Review Committee Addendum 1 Items Required To Be Reviewed by PORC Page 1 of 2 NOTE

  • The OQAP requires the following specific responses for certain items reviewed by PORC:

(a) Recommendation in writing to the Plant General Manager prior to implementation (b) Recommendation in writing to the Plant General Manager (c) Determination in writing with regard to whether or not prior NRC approval required

  • The response requirements for the affected items listed below are identified with the associated letter designation of the required response in the left-hand margin.

(a) (c) 1. Safety evaluations for procedures, changes to procedures, structures, components or systems and tests or experiments completed under the provision of 10CFR50.59 or 10CFR72.48 shall be reviewed to verify that such actions do NOT require prior Nuclear Regulatory Commission (NRC) approval.

(a) (c) 2. Proposed procedures, changes to procedures, structures, components or systems and tests or experiments performed under the provision of 10CFR50.59 or 10CFR72.48 which may require prior NRC approval.

(a) (c) 3. Technical Specification 6.8 or Technical Requirements Manual 6.8 required programs and changes thereto:

a) Primary Coolant Sources Outside Containment Program b) In-Plant Radiation Monitoring Program c) Secondary Water Chemistry Program d) Accident Monitoring Instrumentation Program e) Component Cyclic or Transient Limit Program f) Radioactive Effluent Controls Program g) Radiological Environmental Monitoring Program h) Diesel Fuel Oil Testing Program i) Containment Leakage Rate Testing Program j) Configuration Risk Management Program k) Containment Post-Tensioning System Surveillance Program l) Technical Specification Bases Control Program m) Steam Generator Program n) Battery Monitoring and Maintenance Program o) Surveillance Frequency Control Program p) Control Room Envelope Habitability Program

0PAP01-ZA-0104 Rev. 21 Page 10 of 20 Plant Operations Review Committee Addendum 1 Items Required To Be Reviewed by PORC Page 2 of 2 (a) (c) 4. Proposed changes to the Technical Specifications or Operating License, including STP-proposed exemptions to the Independent Spent Fuel Storage Installation (ISFSI) General License.

5. All reportable events.
6. Reports of significant operating abnormalities or deviations from normal and expected performance of plant equipment or systems that affect nuclear safety. (Refer to Addendum 3)
7. Reports of unanticipated deficiencies in the design or operation of structures, systems, or components that affect nuclear safety. (Refer to Addendum 3)

(b) 8. Physical Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, Cyber Security Plan, and implementing procedures and changes thereto.

(b)

9. Emergency Plan and implementing procedures and changes thereto.

(b) 10. Process Control Program and implementing procedures and changes thereto.

(b) 11. Offsite Dose Calculation Manual and implementing procedures and changes thereto.

12. Special reviews, investigations, or analyses and reports thereon as requested by the Plant General Manager or the Senior Management Team (SMT).
13. Any accidental, unplanned, or uncontrolled radioactive release including the preparation of reports covering evaluation, recommendations, and disposition of the corrective action to prevent recurrence and the forwarding of these reports to the Plant General Manager and to the SMT.

(c) 14. Reports of violations of codes, regulations, orders, Technical Specifications or Operating License requirements having nuclear safety significance or reports of abnormal degradation of systems designed to contain radioactive material. (Refer to Addendum 3)

15. Fire Protection Program, quality related implementing procedures, and changes thereto.
16. Safety Related Conduct of Operations Procedures and changes thereto.
17. Maintenance Control.

(a) (c) 18. All Safety Related Station Administrative Procedures and changes thereto.

19. Procedures specified in Addendum 2, Procedures And Changes Required To Be Reviewed By PORC, and the changes thereto.
20. Review of new significant nuclear safety issues that involve both: 1) extreme externally initiated events that challenge existing plant operational configuration/design basis assumptions, AND 2) which require review by STP to ensure that recently resolved and unresolved issues are adequately addressed and communicated to senior management. The issues for review are those items identified by the station using the process established from Recommendation #2 of IER 13-10. (Reference 4.18 and Addendum 3)
21. Review of activities related to the Independent Spent Fuel Storage Installation (ISFSI) and the Dry Cask Storage System (DCSS) pursuant to the provisions of 10CFR72. This OQAP Chapter 19.0 requirement is met by PORC review of the required ISFSI and DCSS items listed in Addendum 1, Addendum 2 and Addendum 3.

0PAP01-ZA-0104 Rev. 21 Page 11 of 20 Plant Operations Review Committee Addendum 2 Procedures And Changes Required To Be Reviewed By PORC Page 1 of 6 NOTE

  • A review of THIS Addendum ONLY, DOES NOT meet 0PAP01-ZA-0104 expectations.
  • Any change to procedure number or title on this list requires revision to this procedure.
  • Procedures may be added to Addendum 2 by performing an Editorial Change to this procedure per 0PAP01-ZA-0102 (Plant Procedures), providing the PORC Chairman also approves the change. Any deletions to Addendum 2 SHALL require, at a minimum, a Specific Revision per 0PAP01-ZA-0102.

A. Administrative Procedures (Technical Specification 6.8.1.a) per UFSAR 13.5.1.2 and OQAP Chapter 19.0 Step 5.1.6.1 0DCS02-ZN-0002 10CFR72.48 Screening and Evaluations 0PAP01-ZA-0102 Plant Procedures 0PAP01-ZA-0103 License Compliance Review 0PAP01-ZA-0104 Plant Operations Review Committee 0PAP01-ZA-7358 Security Compliance Review 0PGP03-ZA-0010 Performing and Verifying Station Activities 0PGP03-ZA-0069 Control of Heavy Loads 0PGP03-ZA-0090 Work Control Process 0PGP03-ZA-0098 Station Housekeeping 0PGP03-ZA-0101 Shutdown Risk Assessment 0PGP03-ZA-0112 Fatigue Rule Waivers 0PGP03-ZA-0114 Fatigue Rule Program 0PGP03-ZA-0140 Plant Status Control 0PGP03-ZA-0506 Tests or Evolutions Requiring Additional Controls 0PGP03-ZA-0511 Refrigerant Management Program 0PGP03-ZA-0514 Controlled System or Barrier Impairment 0PGP03-ZE-0004 Plant Surveillance Program 0PGP03-ZE-0013 Surveillance Frequency Control Program 0PGP03-ZE-0015 Inservice Testing Program 0PGP03-ZF-0001 Fire Protection Program 0PGP03-ZF-0001A, Hot Work Program 0PGP03-ZI-0026 Lifting, Rigging and Material Handling 0PGP03-ZO-0003 Temporary Modifications 0PGP03-ZO-0009 Temporary Leak Repair 0PGP03-ZO-0022 Post-Trip Review 0PGP03-ZO-0039 Operations Configuration Management

0PAP01-ZA-0104 Rev. 21 Page 12 of 20 Plant Operations Review Committee Addendum 2 Procedures And Changes Required To Be Reviewed By PORC Page 2 of 6 0PGP03-ZO-0040 Maintenance of the Conduct of Operations Manual 0PGP03-ZO-0042 Reactivity Management Program 0PGP03-ZO-0048 Operability Determination for Components Removed from the IST Program 0PGP03-ZO-0049 Conduct of Tests or Evolutions Requiring Additional Controls 0PGP03-ZO-0053 Radiological Ground Water Protection Program 0PGP03-ZO-0054 Operational Decision-Making 0PGP03-ZO-0055 Protected Components 0PGP03-ZO-0056 FLEX Equipment Functionality Program 0PGP03-ZO-FLEX FLEX Support Guideline Program 0PGP03-ZO-0057 Operations Time Critical Action Program 0PGP03-ZO-9900 Operability Determinations and Functionality Assessments 0PGP03-ZO-ECO1 Equipment Clearance Orders 0PGP03-ZS-0001 Vehicle, Material and Personnel Access Control 0PGP03-ZS-7358 Safety/Security Interface Program 0PGP03-ZX-0002 Condition Reporting Process 0PGP03-ZX-0013 Operating Experience Program 0PGP05-ZA-0002 10CFR50.59 Evaluations 0PGP07-ZA-0011 Communications Systems 0PLP03-ZN-0001 Organizational Unit Review Activities 0POP01-ZA-0001 Plant Operations Department Administrative Guidelines 0POP01-ZA-0016 Emergency Operating Procedure Writer's Guide 0POP01-ZA-0017 Emergency Operating Procedure Revision and Implementation 0POP01-ZA-0018 Emergency Operating Procedure User's Guide 0POP01-ZA-0024 Enhanced Off Normal Operating Procedure Users Guide 0POP01-ZA-0049 Condition Report Operations Evaluation Program 0POP01-ZQ-0022 Plant Operation Shift Routines Various Safety-related temporary administrative procedures per UFSAR 13.5.1.3 #6

0PAP01-ZA-0104 Rev. 21 Page 13 of 20 Plant Operations Review Committee Addendum 2 Procedures And Changes Required To Be Reviewed By PORC Page 3 of 6 B. Security Plan Implementing Procedures per OQAP, Chapter 19.0 Step 5.1.6.9 0PGP03-ZA-0107 Security of the STPEGS 0PGP03-ZA-0111 Target Set Program 0PGP03-ZA-0117 Security Reviews and Licensing Documents 0PGP03-ZC-7358 10CFR73.58 Screening and Evaluations 0PGP03-ZS-0001 Vehicle, Material and Personnel Access Control 0PGP03-ZS-0005 Control of Keys, Locks, Cores and Keycards 0PGP03-ZS-0012 Cyber Security Program 0PGP03-ZS-0013 Identification and Assessment of Critical Digital Assets 0PGP03-ZS-0014 Cyber Security Incident Response 0PGP03-ZS-0016 Implementing Procedure for Security Personnel Training and Qualification 0PGP03-ZS-0017 Control of Portable Devices for Cyber Security 0PGP03-ZS-0019 Continuous Monitoring Program 0PGP03-ZS-0022 Security Control Implementation 0PGP03-ZS-0023 Cyber Security Assessment Team 0PGP03-ZS-0024 Access Management for Cyber Security 0PGP03-ZS-0025 Cyber Security Contingency Plan 0PGP03-ZS-0026 Cyber Security Training Program 0PGP03-ZS-0027 Cyber Security Configuration Management For CDAS 0PGP03-ZS-0028 Procurement of Critical Digital Assets 0PGP09-ZA-0001 Plant Access Authorization Program 0PGP09-ZA-0002 Fitness for Duty Program 0PGP09-ZA-0003 Continual Behavior Observation Program 0SDP01-ZS-0011 Implementing Procedures for Safeguards Contingency Events 0SDP01-ZS-0012 Law Enforcement Response Plan 0SDP01-ZS-0013 Protective Strategy C. Emergency Plan Implementing Procedures per OQAP, Chapter 19 Step 5.1.6.10 Emergency Plan Implementing Procedures listed in the STPEGS Emergency Plan, Chapters 1-6, or any changes thereto.

D. Process Control Program (TRM 6.13) Implementing Procedures per OQAP, Chapter 19.0 Step 5.1.6.11 0PGP03-ZO-0017 Radioactive Waste Process Control Program 0PRP03-ZR-0001 Determination of Radioactive Material Curie Content, Reportability, DOT Sub-Type, and Waste Classification 0PRP03-ZR-0002 Radioactive Waste Shipments 0PRP03-ZR-0009 10CFR61 Isotopic Sampling and Analysis Program 0PRP03-ZR-0010 Dry Active Waste Operations 0POP02-WS-0002 High Integrity Container (HIC) Dewatering for Shipment and Burial Various Vendor Process Control Program Procedures

0PAP01-ZA-0104 Rev. 21 Page 14 of 20 Plant Operations Review Committee Addendum 2 Procedures And Changes Required To Be Reviewed By PORC Page 4 of 6 E. Offsite Dose Calculation Manual (Technical Specification 6.8.3.n) Implementing Procedures per OQAP, Chapter 19.0 Step 5.1.6.12. This includes the Radioactive Effluents Controls Program (Technical Specification 6.8.3.g) 0PSP07-WL-LDP1 Liquid Effluent Permit 0PSP07-WL-LDP2 Liquid Effluent Permit with RT-8038 Inoperable 0PSP07-WL-LDP3 Liquid Effluent Permit - Condensate Polishing Regeneration Waste 0PSP07-ZR-0003 Offsite Dose 0PSP07-ZR-0004 Total Dose 0POP02-WL-0100 Liquid Waste Release F. Quality Assurance Program for Effluent and Environmental Monitoring Procedures and Programs per Technical Specification 6.8.1.c 0PCP01-ZQ-0006 Quality Assurance for Chemistry Analytical Programs 0PCP01-ZQ-0007 Quality Assurance for Radioanalysis Instrumentation 0PRP10-ZL-0002 Quality Assurance for the Radiological Laboratory G. Quality-Related Fire Protection Program (Technical Specification 6.8.1.d) Implementing Procedures per UFSAR 13.5.1.3 #7, OQAP, Chapter 19 Step 5.1.6.16 0PGP03-ZF-0001 Fire Protection Program 0PGP03-ZF-0011 STPEGS Fire Brigade 0PGP03-ZF-0016 Fire Protection Alternative Compensatory Measures 0PGP03-ZF-0018 Fire Protection System Operability Requirements 0PGP03-ZF-0019 Control of Transient Fire Loads and Use of Combustible and Flammable Liquids and Gases 0PGP03-ZT-0131 Fire Protection Training and Qualification Program 0POP02-FA-0001 Fire Detection System 0POP02-FP-0001 Fire Protection System Operation H. Primary Coolant Sources Outside Containment Program (Technical Specification 6.8.3.a) per OQAP, Chapter 19 Step 5.1.6.4 0PGP03-ZE-0028 Contaminated System Leakage Test Program I. In-Plant Radiation Monitoring Program (TRM 6.8.3.b) per OQAP, Chapter 19 Step 5.1.6.4 0PGP03-ZA-0078 Administration of the Radiation Monitoring System 0PGP03-ZR-0050 Radiation Protection Program J. Secondary Water Chemistry Program (Technical Specification 6.8.3.c) per OQAP, Chapter 19 Step 5.1.6.4 0PGP03-ZO-0012 Plant Systems Chemistry Control

0PAP01-ZA-0104 Rev. 21 Page 15 of 20 Plant Operations Review Committee Addendum 2 Procedures And Changes Required To Be Reviewed By PORC Page 5 of 6 K. Accident Monitoring Instrumentation Program (TRM 6.8.3.e) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP03-ZA-0076 Accident Monitoring Instrumentation Maintenance L. Component Cyclic or Transient Limit Program (Technical Specification 6.8.3 f) per OQAP Chapter 19.0 Step 5.1.6.4 0PEP02-ZE-0001 Transient Cycle Counting Limits M. Radiological Environmental Monitoring Program (ODCM 6.8.3) Implementing Procedures per OQAP Chapter 19.0 Step 5.1.6.12 0PGP03-ZR-0039 Radiological Environmental Monitoring Program N. Diesel Fuel Oil Testing Program (Technical Specification 6.8.3.i) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP03-ZO-0043 Fuel Oil Monitoring Program O. Containment Leakage Rate Testing Program (Technical Specification 6.8.3.j) per OQAP Chapter 19.0 Step 5.1.6.4 0PSP11-ZA-0005 Local Leakage Rate Test Calculations, Guidelines And Program P. Configuration Risk Management Program (Technical Specification 6.8.3.k) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP03-ZG-RMTS Risk-Managed Technical Specifications Program 0PGP03-ZA-0091 Configuration Risk Management Q. Containment Post-Tensioning System Surveillance Program (Technical Specification 6.8.3.l) per OQAP Chapter 19.0 Step 5.1.6.4 0PSP09-TD-0001 Containment Tendon Test / End Anchorage and Adjacent Concrete Inspection R. Technical Specifications (TS) Bases Control Program (Technical Specification 6.8.3.m) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP05-ZN-0004A Technical Specification Bases Control Program S. Steam Generator Program (Technical Specification 6.8.3.o) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP03-ZO-0044 Steam Generator Management Program T. Battery Monitoring and Maintenance Program (Technical Specification 6.8.3.p, TRM 6.14) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP03-DJ-0001 Class 1E Battery Monitoring and Maintenance Program

0PAP01-ZA-0104 Rev. 21 Page 16 of 20 Plant Operations Review Committee Addendum 2 Procedures And Changes Required To Be Reviewed By PORC Page 6 of 6 U. Surveillance Frequency Control Program (Technical Specification 6.8.3.r) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP03-ZE-0013 Surveillance Frequency Control Program V. Control Room Envelope Habitability Program (Technical Specification 6.8.3.q) per OQAP Chapter 19.0 Step 5.1.6.4 0PGP03-ZE-0030 Control Room Envelope Habitability Program W. Independent Spent Fuel Storage Installation and Dry Cask Storage Activities per OQAP Chapter 19.0 Step 5.1.6.17 0DCS01-ZA-0001 Dry Cask Storage Program Implementation 0DCS01-ZA-0002 DCS Campaign Management X. Conduct of Operations (Safety Related)

Chapter 1 Operations Organization and Responsibilities Chapter 2 Shift Operating Practices Chapter 8 Equipment Configuration Management Chapter 9 Valve Operations Chapter 10 On-Line Maintenance Expectations Chapter 12 Operations Outage Guideline

0PAP01-ZA-0104 Rev. 21 Page 17 of 20 Plant Operations Review Committee Addendum 3 Reports Required To Be Reviewed By PORC Page 1 of 1 The following is a list of reports required to be reviewed by PORC. This list is NOT all inclusive.

  • License Event Report
  • Root Cause Evaluations that are CR Level 1Q, 2Q or 3Q
  • Apparent Cause Evaluations that are CR Level 1Q or 2Q affecting Nuclear Safety cornerstones:

- Safety-related equipment failures

- Non-Safety related equipment failures GQA high or medium

- Reactor trips, unplanned reactor power changes greater than 20%, Fuel-RCS-Containment leakage or integrity

- Emergency Preparedness Program

- Radiation Protection Program

- Security Plan (Physical and Cyber)

- Fire Protection Program

- Related to activities or equipment associated with the ISFSI and Dry Cask Storage System

  • Reports to NRC associated with the above

0PAP01-ZA-0104 Rev. 21 Page 18 of 20 Plant Operations Review Committee Form 1, Rev. 2 PORC Review Cover Sheet Page 1 of 1 Plant Operations Review Committee PORC Review Cover Sheet Originating Document No. Revision No.

TITLE The PORC has reviewed this item and has determined that (check as appropriate):

It ____ does ____ does NOT require NRC notification or license amendment prior to implementation.

It ____ does ____ does NOT adversely impact plant nuclear or Independent Spent Fuel Storage Installation safety.

It ____ does ____ does NOT adversely impact the health and safety of plant personnel or the public.

It ____ does ____ does NOT require further review by the Plant General Manager, the Senior Management Team, or other appropriate organizational unit.

Plant General Manager Senior Management Team Appropriate Organizational Unit (specify below)

REMARKS

  • A proposed request to the NRC (e.g., TSC request) is to be marked does NOT, unless PORC review identifies new or parallel NRC notification(s) or license amendment(s) required to be addressed prior to the proposed submittal. (Reference 4.10, 4.13)

The PORC recommends this item for:

APPROVAL DISAPPROVAL OTHER________________ PORC MEETING NO._________

COMPLETED BY __________________________ DATE ____________________

PORC Secretary This form, when completed, SHALL be retained in accordance with the retention requirements of the originating document.

D56/D43 0PAP01-ZA-0104 Rev. 21 Page 19 of 20 Plant Operations Review Committee Form 2, Rev. 2 PORC Member Job Familiarization Guide (JFG) Page 1 of 2 Cert #1057 Name: Employee #:

This Job Familiarization Guide (JFG) is intended to provide new PORC members with an overview of their roles and responsibilities. This guide is required to be completed prior to the individual serving as a PORC committee member (Cert #1057).

PORC Member Role (check one):

Chemistry Engineering Health Physics / Radiological Protection Maintenance Operations Quality Completed By: _____________________________________________________________

PORC Member (name / signature / date)

Approved By: _____________________________________________________________

PORC Chairman (name / signature / date)

When completed, this form SHALL be retained

D56/D43 0PAP01-ZA-0104 Rev. 21 Page 20 of 20 Plant Operations Review Committee Form 2, Rev. 2 PORC Member Job Familiarization Guide (JFG) Page 2 of 2 PORC Member Name (print): __________________________________________________________

Required Reading Document Reference (Applies to all PORC Member Roles) Initials 0PAP01-ZA-0104, Plant Operations Review Committee 0PAP01-ZA-0103, License Compliance Review 0PGP05-ZA-0002, 10CFR50.59 Evaluations 0DCS02-ZN-0002, 10CFR72.48 Screening and Evaluations OQAP19.00, Operations Quality Assurance Plan, Chapter 19 Training Courses / Certifications / Licenses Initials Operations Member (Mark N/A if not Operations)

Confirm current SRO License for South Texas Project Unit 1 and Unit 2 STP SRO License # (list SRO license docket no.):

Health Physics / Radiation Protection Member (Mark N/A if not HP/RP)

Obtain RP Manager approval that the Health Physics representative meets the qualification of a Radiation Protection Manager as defined in Regulatory Guide 1.8 Revision 1-R (Personnel Selection and Training).

RP Manager Approval (name/signature): _________________________________________

Quality Manager Discussion (Applies to all PORC Member Roles) Initials Complete a discussion with Quality Manager regarding content of the Operations Quality Assurance Plan and importance to the PORC function.

PORC Chairman / Plant General Manager Discussion (Applies to all PORC Member Roles) Initials Complete a discussion with PORC Chairman regarding PORC membership role, responsibilities, and expectations.

Complete a discussion with Plant General Manager regarding PORC membership expectations.

This form, when completed SHALL be retained.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the matter of:

Docket Nos. 50-498-LT, STP NUCLEAR OPERATING COMPANY; 50-499-LT, and CONSTELLATION ENERGY 72-1041-LT GENERATION, LLC; and NRG SOUTH TEXAS LP and Its Parent Companies August 7, 2023 (South Texas Project, Units 1 and 2)

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing STP NUCLEAR OPERATING COMPANYS ANSWER OPPOSING MOTION TO DISMISS LICENSE TRANSFER APPLICATION AND IMMEDIATELY STAY NRC PROCEEDINGS SUBMITTED BY THE CITY OF SAN ANTONIO, TEXAS ACTING BY AND THROUGH THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO AND CITY OF AUSTIN, TEXAS and Attachments A, B, and C thereto were served upon the Electronic Information Exchange (the NRCs E-Motions System), in the above-captioned docket.

Signed (electronically) by Ryan K. Lighty RYAN K. LIGHTY, ESQ.

MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 (202) 739-5274 ryan.lighty@morganlewis.com Counsel for STP Nuclear Operating Company DB1/ 140080062

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