Letter Sequence Request |
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Initiation
- Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request
- Acceptance
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MONTHYEARML23089A0622023-03-29029 March 2023
Financial Assurance for Decommissioning - 2023 Update
Project stage: Request
CP-202300144, (CPNPP) - Decommissioning Report2023-03-30030 March 2023
(CPNPP) - Decommissioning Report
Project stage: Request
L-23-061, Submittal of the Decommissioning Funding Status Reports2023-03-31031 March 2023
Submittal of the Decommissioning Funding Status Reports
Project stage: Request
CP-202300157, ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, and ISFSI, Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-04-14014 April 2023
ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, and ISFSI, Application for Order Consenting to Transfer of Licenses and Conforming License Amendments
Project stage: Request
CP-202300181, ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-04-20020 April 2023
ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments
Project stage: Request
ML23128A1612023-05-0808 May 2023
NRR E-mail Capture - Comanche Peak Nuclear Power Plant, Units 1 and 2, Beaver Valley Power Station, Unit Nos. 1 and 2, Davis-Besse Nuclear Power Station, Unit 1, and Perry Nuclear Power Plant, Unit No. 1 - Acceptance of Requested Licensing
Project stage: Acceptance Review
ML23129A0112023-05-16016 May 2023
Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (Letter)
Project stage: Other
ML23129A0122023-05-16016 May 2023, 17 May 2023
Notice of Consideration of Approval of Indirect and Direct License Transfer for Commance Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1
Project stage: Request
ML23124A0772023-05-17017 May 2023
Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (FRN)
Project stage: Other
ML23163A1762023-06-12012 June 2023
Application for Order Approving Indirect Transfer of Control of Licenses
Project stage: Request
05000498/LER-2023-001, Pressurizer Power Operated Relief Valve Failed to Open2023-06-12012 June 2023
Pressurizer Power Operated Relief Valve Failed to Open
Project stage: Request
ML23191A0102023-07-0707 July 2023
NRR E-mail Capture - South Texas Project - Acceptance of Request for Indirect Transfer of Licenses and Conforming Amendments (L-2023-LLM-0004)
Project stage: Acceptance Review
ML23188A1612023-07-14014 July 2023
The Associated ISFSI - Notice of Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing (EPID L-2023-LLM-0004) - Letter
Project stage: Other
ML23188A1552023-07-14014 July 2023
The Associated ISFSI - Notice of Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing (EPID L-2023-LLM-0004) - Package
Project stage: Request
ML23188A1592023-07-14014 July 2023
The Associated ISFSI - Notice of Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing (EPID L-2023-LLM-0004) - FRN
Project stage: Other
ML23198A0532023-07-24024 July 2023
Request for Withholding Information from Public Disclosure
Project stage: Withholding Request Acceptance
ML23212B2482023-07-31031 July 2023
Motion and Petition of CPS Energy and City of Austin
Project stage: Request
ML23212B2472023-07-31031 July 2023
Motion and Petition of CPS Energy and City of Austin
Project stage: Request
ML23216A1822023-08-0404 August 2023
Nrg’S Answer Opposing the Motion by the City of San Antonio and the City of Austin to Dismiss or Suspend License Transfer Proceeding
Project stage: Request
ML23216A1422023-08-0404 August 2023
Constellations Response in Opposition to Motion to Dismiss License Transfer Application and Motion for Stay
Project stage: Other
ML23219A2162023-08-0707 August 2023
STPNOC Answer Opposing Motions to Dismiss and Stay by CPS Energy and Austin
Project stage: Request
ML23222A2852023-08-10010 August 2023
CPS Energy and Austin Motion to Reply to Nrg Answer
Project stage: Request
ML23237B4242023-08-25025 August 2023
Nrgs Answer Opposing the City of San Antonios and City of Austins Petition to Intervene and Supplemental Contention
Project stage: Request
ML23243B0562023-08-31031 August 2023
Supplemental Information to Application for Order Approving Indirect Transfer of Control of Licenses
Project stage: Supplement
ML23237B4272023-09-28028 September 2023
Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming License Amendments
Project stage: Draft Other
ML23237B4302023-09-28028 September 2023
Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Enclosure 4, Safety Evaluation for Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0000) (Public)
Project stage: Draft Approval
ML23237B4482023-09-28028 September 2023
Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - License Transfer Approval Package
Project stage: Request
ML23237B4222023-09-28028 September 2023
Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Letter Regarding Order Approving Transfer of Licenses and Draft Conforming License Amendments
Project stage: Draft Other
ML23237B4282023-09-28028 September 2023
Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Enclosure 2, Draft Conforming License Amendments
Project stage: Draft Other
ML23237B4412023-09-29029 September 2023
Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Federal Register Notice, Direct and Indirect License Transfer Issuance Order
Project stage: Other
ML23279A1382023-10-0505 October 2023
Responses to Requests for Additional Information Related to Application for Order Approving Indirect Transfer of Control of Licenses
Project stage: Response to RAI
ML23296A2462023-10-23023 October 2023
Proposed Issuance of an Order Approving a License Transfer Application for Which a Hearing Has Been Requested
Project stage: Approval
ML23289A0832023-10-23023 October 2023
Requests for Withholding Information from Public Disclosure
Project stage: Other
ML23284A2912023-10-23023 October 2023
Notification of Significant Licensing Action Proposed Issuance of an Order Approving a License Transfer Application for Which a Hearing Has Been Requested
Project stage: Approval
ML23303A0782023-10-30030 October 2023
Submittal of Supplemental Information in Response to Order Consenting to License Transfers and Approval of Draft Conforming License Amendments
ML23279A0432023-10-30030 October 2023
Associated Independent Spent Fuel Storage Installation - Enclosure 2 -Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Draft Conforming Amendments)
Project stage: Draft Other
ML23279A0382023-10-30030 October 2023
Associated Independent Spent Fuel Storage Installation - Enclosure 1 -Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Order)
Project stage: Draft Other
ML23279A0482023-10-30030 October 2023
Associated Independent Spent Fuel Storage Installation - Enclosure 4 -Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Nonproprietary Safety Evaluation)
Project stage: Draft Approval
ML23279A0342023-10-30030 October 2023
Associated Independent Spent Fuel Storage Installation - Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Letter)
Project stage: Draft Other
ML23279A0542023-10-30030 October 2023
Associated Independent Spent Fuel Storage Installation - Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Federal Register Notice)
Project stage: Draft Other
ML23298A0002023-11-0101 November 2023
The Associated Independent Spent Fuel Storage Installation - Issuance of Amendment Nos. 226 and 211 Related to Order Approving Indirect Transfer of Licenses and Conforming License Amendments
Project stage: Approval
2023-05-08
[Table View] |
Text
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the matter of:
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Docket Nos. STN 50-498-LT
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STN-50-499-LT South Texas Project Units 1 and 2
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72-1041-LT
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MOTION TO REPLY AND REPLY TO NRCS ANSWER OPPOSING MOTION OF THE CITY OF SAN ANTONIO, TEXAS ACTING BY AND THROUGH THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO AND CITY OF AUSTIN, TEXAS Pursuant to 10 CFR 2.323(c), 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) move to reply to Section V of NRCs Answer Opposing the Motion by the City of San Antonio and the City of Austin to Dismiss or Suspend License Transfer Proceeding (NRG Answer), which Constellation joined in its separate Answer.1 CPS Energy and Austin wish to address NRCs assertion that they failed to make a certification under 10 CFR 2.323(b).
CPS Energy and Austin have consulted with counsel for Applicants on this motion to reply.
Counsel for NRG has indicated that NRG does not oppose CPS Energys and Austins request to file a limited reply to address the consultation issue, but reserves the right to reply to the substance of this filing. Counsel for Constellation advised that Constellation agrees as to CPS Energy and Austin filing the reply. Counsel for STPNOC has indicated that STPNOC does not intend to take a position on this motion.
1 NRCs Answer Opposing the Motion by the City of San Antonia and the City of Austin to Dismiss or Suspend License Transfer Proceeding, 14-15 (Aug. 4, 2023) (ML23216A182); Constellations Response in Opposition to Motion to Dismiss License Transfer Application and Motion to Stay, 13 (Aug. 4, 2023) (ML23216A142).
2 10 CFR 2.323(b) provides in relevant part that [a] motion must be rejected if it does not include a certification by the attorney or representative of the moving party that the movant has made a sincere effort to contact other parties in the proceeding and resolve the issue(s) raised in the motion, and that the movants efforts to resolve the issue(s) have been unsuccessful.2 NRCs Answer states that [t]he Cities Motion contains no such certification.3 CPS Energys and Austins motion includes the following certification on page 3:
In accordance with 10 C.F.R. § 2.323(b), movants certify that they have made a sincere effort to confer with the Applicants regarding withdrawal of the Application or suspension of these proceeding pending CPS Energys and Austins ROFR determination, as requested in this motion. The parties have been unable to reach agreement; thus, Austins and CPS Energys motion is ripe for the Commissions determination.4 Upon consultation with NRG counsel, CPS Energy and Austin understand that NRCs intended point was that this certification did not satisfy the requirements of 2.323(b) for the reasons stated in Section V of NRCs Answer.
As NRCs Answer states, during discussions that took place prior to filing, NRG and Constellation would not agree to voluntarily withdraw the Application or suspend staffs review.5 NRG and Constellation understood that CPS Energy and Austin intended to file a motion to that effect, and the issues raised by Austin and CPS Energy in that motion are identical. CPS Energy and Austin requested a meeting with STPNOC, asked STPNOC to withdraw the Application because they did not have authority to file it absent Owners Committee approval, and informed STPNOC of their intention to file a motion to dismiss the Application if STPNOC would not 2
10 CFR 2.323(b).
3 NRG Answer, at 14.
4 Motion to Dismiss License Transfer Application, Immediately Stay NRC Proceedings, and Petition to Intervene City of San Antonio, Texas Acting By and Through The City Public Service Board of San Antonio and the City of Austin, Texas, 3 (July 31, 2023) (ML23212B248).
5 NRG Answer, at 10, 15.
3 voluntarily withdraw the Applicationwhich STPNOC did not agree to do.6 CPS Energys and Austins certification is accurate and meets the requirements of 2.323(b).
Respectfully submitted,
/Signed electronically by Alan D. Lovett/
M. Stanford Blanton Alan D. Lovett BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 (205) 226-3417 Counsel for City of San Antonio, Texas (205) 226-8769 acting by and through the City Public sblanton@balch.com Service Board of San Antonio alovett@balch.com
/Executed in Accord with 10 CFR § 2.304(d)/
Anne L. Morgan, City Attorney Andrew J. Perny, Chief, Utilities and Regulatory Division Ariane Arth, Assistant City Attorney City of Austin - Law Department P.O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-3454 Facsimile: (512) 974-1311 Counsel for City of Austin, Texas Andy.Perny@austintexas.gov d/b/a Austin Energy Ariane.Arth@austintexas.gov August 10, 2023 6
Ex. O to CPS Energys and Austins Motion and Petition.
[certificate of service]
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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South Texas Project Units 1 and 2
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Docket Nos. STN 50-498-LT
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STN-50-499-LT
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72-1041-LT
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CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Reply has been served through the E-Filing system on the participants in the above-captioned proceeding this 10th day of August 2023.
/signed electronically by Alan D. Lovett/
Alan D. Lovett BALCH &BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 (205) 226-8769 alovett@balch.com Counsel for CPS Energy
