ML24127A046
| ML24127A046 | |
| Person / Time | |
|---|---|
| Site: | South Texas, 07201041  |
| Issue date: | 05/06/2024 |
| From: | Blanton M, Lovett A Balch & Bingham, LLP, City Public Service, San Antonio, TX, City of San Antonio, TX |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| RAS 57006, 50-498-LT, 50-499-LT, 72-1041-LT | |
| Download: ML24127A046 (0) | |
Text
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. 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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NOTICE OF WITHDRAWAL OF MOTION AND PETITION TO INTERVENE OF THE CITY OF SAN ANTONIO, TEXAS, ACTING BY AND THROUGH THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO The City of San Antonio, Texas, acting by and through the City Public Service Board of San Antonio (CPS Energy), a Texas municipally-owned utility, hereby withdraws its Motion to Dismiss License Transfer Application, Immediately Stay NRC Proceedings, and Petition to Intervene, which CPS Energy and the City of Austin, Texas, d/b/a Austin Energy (Austin) jointly filed on July 31, 2023 (ADAMS Accession No. ML23212B248) (Motion and Petition) and supplemented on August 14, 2023 (ADAMS Accession No. ML23226A268) (Supplemental Contention). CPS Energy understands that Austin is filing a similar notice of withdrawal contemporaneously with this filing.
The basis for this Notice of Withdrawal is as follows:
1.
On June 12, 2023, STP Nuclear Operating Company (STPNOC) submitted an Application for Order Approving Indirect Transfer of Control of Licenses (ADAMS Accession No. ML23163A176) (Application) requesting approval to transfer NRG South Texas LPs (NRG) ownership interest in South Texas Project Electric Generating Station (STP) to
2 Constellation Energy Generation, LLC (Constellation) (STPNOC, Constellation, NRG, and NRCs parent companies are collectively referred to herein as Applicants). On July 31, 2023, CPS Energy and Austin filed the Motion and Petition challenging the Application and supplemented it with the Supplemental Contention on August 14, 2023.
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 May 2, 2024, CPS Energy entered into a settlement agreement with Constellation and NRG that resolves, among other things, CPS Energys challenges to the transfer of STP ownership to Constellation. CPS Energy has agreed to withdraw all NRC filings challenging the Application and the underlying transaction. Accordingly, CPS Energy hereby gives notice that it withdraws the Motion and Petition and the Supplemental Contention.
CPS Energy has coordinated with counsel for Austin and understands that Austin intends to file a similar notice of withdrawal dated the same day as this Notice. Accordingly, CPS Energy understands that there is no longer any active challenge to the Application pending before the Commission.
3 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 (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 May 6, 2024
[certificate of service]
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
)
In the matter of:
)
Docket Nos. STN 50-498-LT
)
STN-50-499-LT South Texas Project Units 1 and 2
)
72-1041-LT
)
)
)
CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice of Withdrawal of Motion and Petition To Intervene has been served through the E-Filing system on the participants in the above-captioned proceeding this 6th day of May 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