ML23279A138

Responses to Requests for Additional Information Related to Application for Order Approving Indirect Transfer of Control of Licenses

ML23279A138
Person / Time
Site:	South Texas, 07201041
Issue date:	10/05/2023
From:	Harshaw K South Texas
To:	Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk
Shared Package
ML23279A136	List: ML23279A138
References
EPID L-2023-LLM-0004, NOC-AE-23003995
Download: ML23279A138 (1)

Text

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Unrestricted Upon Removal of Enclosure 1 and 1a INCLUDES PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390(a)(4)

Unrestricted Upon Removal of Enclosure 1 October 05, 2023 NOC-AE-23003995 10 CFR 50.80 10 CFR 50.90 10 CFR 72.50 10 CFR 2.390(a)(4)

D43.01 STI: 35521266 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 South Texas Project Units 1 and 2 Docket Nos. STN 50-498, STN 50-499, and 72-1041 Renewed Facility Operating License Nos. NPF-76 and NPF-80 Responses to Requests for Additional Information Related to Application for Order Approving Indirect Transfer of Control of Licenses (EPID: L-2023-LLM-0004)

References:

1) Letter; K. Harshaw (STP) to Document Control Desk (NRC); "South Texas Project, Units 1 and 2, Docket Nos. STN 50-498, STN 50-499, and 72-1041, Renewed Facility Operating License Nos. NPF-76 and NPF-80 Application for Order Approving Indirect Transfer of Control of Licenses," June 12, 2023; (NOC-AE-23003968) (ML23163A176)

2) Email; D. Galvin (NRC) to W. Brost (STP); Request for Additional Information License Transfer Application STP Nuclear Operating Company South Texas Project, Units 1 and 2 Docket Nos. 50-498 and 50-499, October 5, 2023 STP Nuclear Operating Company ("STPNOC"), acting on behalf of Constellation Energy Generation, LLC ("CEG") and NRG South Texas LP ("NRG South Texas") and its parent companies (the "NRG Entities") (collectively known as the "Parties"), submits this Response to the Request for Additional Information (Reference 2) issued in connection with the U.S.

Nuclear Regulatory Commission (NRC) staffs review of Reference 1.

Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, Texas 77483

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Unrestricted Upon Removal of Enclosure 1 and 1a INCLUDES PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390(a)(4)

Unrestricted Upon Removal of Enclosure 1 NOC-AE-23003995 Page 2 The Requests for Additional Information (RAIs) were issued as "Official Use Only -

Security-Related Information," and this response is marked as the same. Responses to the RAIs are provided in the attached Enclosure 1. In addition to containing information that is Official Use Only - Security-Related Information, the Enclosure provides responses that include proprietary information that CEG requests be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4). Enclosure 1A contains non-proprietary responses to the RAIs. An affidavit supporting the request for withholding the responses from public disclosure is provided as.

In the event that the NRC has any questions about this submittal, please contact Mr. Drew Richards, Regulatory Affairs Manager, at amrichards@stpegs.com on behalf of STPNOC or David Helker at david.helker@constellation.com on behalf of CEG.

There are no commitments in this letter.

I declare under penalty of perjury that the foregoing is true and accurate.

Executed on _10/5/2023__

Kimberly Harshaw Executive Vice President & Chief Nuclear Officer

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Unrestricted Upon Removal of Enclosure 1 and 1a INCLUDES PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390(a)(4)

Unrestricted Upon Removal of Enclosure 1 NOC-AE-23003995 Page 3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

STP Nuclear Operating Company

)

Docket Nos.

50-498

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50-499 South Texas Project, Units 1 and 2

)

AFFIRMATION I, Frank Sturniolo, being duly sworn, hereby depose and state that I am Senior Vice President, Governance and Oversight, of Constellation Energy Generation, LLC ( CEG ); that I am duly authorized to sign and file with the Nuclear Regulatory Commission the Responses to Requests for Additional Information; that I am familiar with the content thereof; and that the matters set forth therein with regard to CEG and Constellation South Texas, LLC, are true and correct to the best of my knowledge and belief.

I declare under penalty of perjury that the foregoing is true and accurate.

Executed on October 5, 2023 Frank Sturniolo Senior Vice President, Governance and Oversight 0

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Unrestricted Upon Removal of Enclosure 1 and 1a INCLUDES PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390(a)(4)

Unrestricted Upon Removal of Enclosure 1 NOC-AE-23003995 Page 4

Enclosures:

- Responses to Requests for Additional Information (Security-Related, Proprietary) A - Responses to Requests for Additional Information (Security-Related, Non-Proprietary) - 10 CFR 2.390 Affidavit of Shane Smith cc: (electronic distribution: w/o Enclosure 1)

Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 1600 E. Lamar Boulevard Arlington, TX 76011-4511 Dennis Galvin Project Manager U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Division of Operating Reactor Licensing Licensing Project Branch 4 Leanne Flores Resident Inspector, South Texas Project U.S. Nuclear Regulatory Commission Robert Free, Texas Department of State Health Services (Distribution: w/ all Enclosures)

STPNOC Records Management

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Unrestricted Upon Removal of Enclosure 1 and 1a INCLUDES PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390(a)(4)

Unrestricted Upon Removal of Enclosure 1 NOC-AE-23003995 Page 5 bcc:

(without Enclosure 1)

Constellation Executive Vice President and Chief Executive Officer Constellation Sr. Vice President Constellation Energy Generation and Chief Nuclear Officer Constellation Chief Operating Officer Fleet Operations Constellation Sr. Vice President Fleet Services Constellation Sr. Vice President Engineering & Technical Services Constellation Vice President Strategy and Growth Constellation Sr. Vice President Governance and Oversight Constellation Sr. Vice President - Mid-West Operations Constellation Sr. Vice President - Mid-Atlantic Operations Constellation Sr. Vice President - Northeast Operations Constellation Sr. Vice President - West Operations Constellation Vice President Nuclear Security and Licensing Constellation Corporate Licensing Directors Constellation Corporate Licensing Sr. Managers Constellation Commitment Tracking Coordinators J. Zorn D. Reddick J. Matthews Constellation Records Management

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Unrestricted Upon Removal of Enclosure 1 and 1a INCLUDES PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 Unrestricted Upon Removal of Enclosure 1 ENCLOSURE 2 10 CFR 2.390 AFFIDAVIT OF SHANE SMITH

OFFICIAL USE ONLY-SECURITY-RELATED INFORMATION Unrestricted Upon Removal of Enclosure 1 and 1a INCLUDES PROPRIETARY INFORMATION -WITHHOLD UNDER 10 CFR 2.390 Unrestricted Upon Removal of Enclosure 1 10 CFR 2.390 Affidavit of Shane Smith I, Shane Smith, of Constellation Energy Generation, LLC ("CEG") do hereby affirm and state:

1.

I am authorized to execute this affidavit on behalf of CEG.

2.

CEG requests that Enclosure 1, which is being submitted under separate cover and labeled "PROPRIETARY INFORMATION SUBMITTED UNDER 10 CFR 2.390," be withheld from public disclosure under the provisions of 10 CFR 2.390(a)(4).

3. contains confidential commercial information, the disclosure of which would adversely affect CEG.

4.

This information has been held in confidence by CEG. To the extent that CEG has shared this information with others, it has done so on a confidential basis.

5.

CEG customarily keeps such information in confidence, and there is a rational basis for holding such information in confidence. The information is not available from public sources and could not be gathered readily from other publicly available information.

6.

Public disclosure of this information would cause substantial harm to CEG's business interests because such information has significant commercial value to CEG, and its disclosure could adversely affect other CEG transactions.

I declare under penalty of perjury that the foregoing is true and accurate.

Executed on October 5, 2023 Shane Smith Sr. Vice President, Treasury and Credit Page 1 of 1