ML24051A110
| ML24051A110 | |
| Person / Time | |
|---|---|
| Site: | South Texas, 07201041  |
| Issue date: | 02/20/2024 |
| From: | Arth A, Blanton M, Doris Lewis, Lovett A, Matthews J, Morgan A, Zorn J Austin Energy, Balch & Bingham, LLP, City Public Service, San Antonio, TX, City of Austin, TX, City of San Antonio, TX, Constellation Energy Generation, JE Matthews Consulting, Law Office of David R. Lewis, NRG South Texas, LP |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| RAS 56932, 72-1041-LT, 50-498-LT, 50-499-LT | |
| Download: ML24051A110 (0) | |
Text
4892-5797-2390.1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
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In the matter of:
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Docket Nos. 50-498-LT
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50-499-LT South Texas Project Units 1 and 2
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72-1041-LT
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JOINT MOTION OF APPLICANTS AND PETITIONERS FOR A STAY OF ISSUANCE OF A DECISION ON THE PENDING MOTION AND PETITION Constellation Energy Generation, LLC (Constellation) and NRG South Texas LP and its parent companies (NRG) (collectively Applicants), and 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) (CPS Energy and Austin, the Petitioners), with the support of STP Nuclear Operating Company (STPNOC), respectfully request a stay of the issuance of a decision on Petitioners pending Motion to Dismiss License Transfer Application, Immediately Stay NRC Proceedings, and Petition to Intervene (Motion and Petition) so that Applicants and Petitioners can attempt to finalize a settlement agreement, which if finalized would result in the withdrawal of Petitioners pending Motion and Petition. In further support of this motion, Applicants and Petitioners state:
1.
On June 12, 2023, STPNOC submitted on behalf of NRG and Constellation an Application for Order Approving Indirect Transfer of Control of Licenses (ADAMS Accession No. ML23163A176) (Application) requesting approval to indirectly transfer NRCs ownership interest in South Texas Project Electric Generating Station (STP) to Constellation. On July 31, 2023, CPS Energy and Austin filed the Motion and Petition challenging the Application (ADAMS Accession No. ML23212B248) and supplemented it on August 14, 2023 (ADAMS Accession No. ML23226A268).
2.
On October 30, 2023, NRC staff issued an order approving the Application and authorizing Applicants to transfer the STP licenses, subject to the Commissions authority to resolve CPS Energys and Austins pending filings (ADAMS Accession No. ML23279A038). On November 1, 2023, Constellation and NRG closed the underlying transaction, and NRC staff issued conforming amendments reflecting the indirect transfer of the STP licenses to Constellation (ADAMS Accession No. ML23298A000).
3.
On February 15, 2024, NRC provided notice of the Commissions intention to hold an affirmation session regarding the pending Motion and Petition on February 22, 2024.
4.
Applicants and Petitioners have been engaged in settlement discussions over the last few months to address, among other things, the concerns raised in the pending Motion and Petition.
Applicants and Petitioners believe they have an agreement in principle and are close to finalizing a definitive settlement agreement, with only a small number of issues and internal approvals remaining. Applicants and Petitioners are committed to continuing to work in good faith towards a mutually acceptable final settlement agreement, but they need additional time to do so given the complexity of the issues and governance processes required. Applicants and Petitioners have the shared goal of promptly resolving the limited, outstanding issues as quickly as they can.
5.
Applicants and Petitioners are both concerned that a decision by the Commissioners on the pending Motion and Petition could disrupt the negotiations and their internal approval processes and would draw out the schedule for finalizing the settlement. If finalized, a settlement would result in the withdrawal of Petitioners challenges to the Application and would benefit Applicants, Petitioners, the Commission, and the public. A stay is in the interests of all parties, including the Commission and the public, because it avoids the possibility of further expenditure of adjudicatory resources on matters that the parties hope to promptly resolve via mutual agreement.
6.
Applicants and Petitioners thus request that the Commission issue an order staying issuance of a decision on the Motion and Petition, as supplemented; directing Applicants and Petitioners to file joint status reports every thirty (30) days to report on the status of their efforts to finalize their settlement agreement; and continue the stay and status reporting obligation until they either report that an agreement has been finalized and Petitioners withdraw their challenges to the Application or report that they have been unable to resolve the few remaining issues.
7.
The parties have conferred with STPNOC regarding this motion. Given that all the STP owners are in support of the motion, STPNOC supports the motion.
For the foregoing reasons, and for good cause shown, Applicants and Petitioners request that the Commission grant this Motion and enter an order consistent with the conditions set forth in Paragraph 6 above.
Respectfully submitted this 20th day of February 2024,
/Executed in Accord with 10 CFR § 2.304(d)/
Jason C. Zorn Associate General Counsel Constellation Energy Generation, LLC 250 Massachusetts Avenue NW Suite 760 Washington, DC 20001 240.645.3443 Email: jason.zorn@constellation.com John E. Matthews Managing Director JEMatthews Consulting LLC 1135 Registry Boulevard St. Augustine, FL 32092 202.255.5110 Email: jematthewsconsulting@outlook.com Counsel for Constellation Energy Generation, LLC
/Executed in Accord with 10 CFR § 2.304(d)/
David R. Lewis Law Office of David R. Lewis 1524 Brookhaven Drive McLean, VA 22101 Tel. 703-501-7708 Email: davidralewis@outlook.com Counsel for NRG South Texas LP and its parent companies
/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 (205) 226-8769 sblanton@balch.com alovett@balch.com Counsel for City of San Antonio, Texas, acting by and through the City Public Service Board of San Antonio
/Executed in Accord with 10 CFR § 2.304(d)/
Anne L. Morgan, City Attorney 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 Ariane.Arth@austintexas.gov Counsel for City of Austin, Texas d/b/a Austin Energy
[Certificate of Service]
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE 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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CERTIFICATION OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that the foregoing Joint Motion has been served upon the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding this 20th day of February, 2024.
/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 Dated: February 20, 2024