ML24255A034
| ML24255A034 | |
| Person / Time | |
|---|---|
| Site: | South Texas, 07201041  |
| Issue date: | 09/30/2024 |
| From: | Byrd T Plant Licensing Branch IV |
| To: | |
| Byrd, Thomas | |
| Shared Package | |
| ML24255A037 | List: |
| References | |
| EPID L-2024-LLM-0002, NRC-2024-0169, 89FR80966 | |
| Download: ML24255A034 (9) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498, 50-499, and 72-1041; NRC-2024-0169]
STP Nuclear Operating Company;
South Texas Project, Units 1 and 2, and
the Associated Independent Spent Fuel Storage Installation;
Consideration of Approval of Direct Transfer of Licenses
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for direct transfer of licenses; opportunity to comment, request a
hearing, and petition for leave to intervene.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC, the Commission) received
and is considering approval of an application filed by STP Nuclear Operating Company
(STPNOC, the licensee), acting on behalf of the City of San Antonio, Texas, acting by
and through the City Public Service Board of San Antonio (CPS Energy), and
Constellation South Texas, LLC (Constellation South Texas) (collectively, the
applicants), on July 31, 2024. The application seeks NRC approval of the direct transfer
of a two percent ownership interest of Renewed Facility Operating License Nos. NPF-76
and NPF-80 for South Texas Project (STP), Units 1 and 2, and the associated
independent spent fuel storage installation facility (ISFSI) from Constellation South
DATES: Submit comments by November 4, 2024. A request for a hearing must be filed
by October 24, 2024.
ADDRESSES: You may submit comments by any of the following methods; however,
the NRC encourages electronic comment submission through the Federal rulemaking
website:
- Federal rulemaking website: Go to https://www.regulations.gov and search
for Docket ID NRC-2024-0169. Address questions about Docket IDs in Regulations.gov
to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For
technical questions, contact the individual listed in the For Further Information Contact
section of this document.
- Email comments to: Hearing.Docket@nrc.gov. If you do not receive an
automatic email reply confirming receipt, then contact us at 301-415-1677.
- Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
301-415-1101.
- Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
- Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. eastern time (ET) Federal workdays;
telephone: 301-415-1677.
For additional direction on obtaining information and submitting comments, see
Obtaining Information and Submitting Comments in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Thomas Byrd, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-3719; email: Thomas.Byrd@nrc.gov.
2 SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0169 when contacting the NRC about the
availability of information for this action. You may obtain publicly available information
related to this action by any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2024-0169.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The application for direct transfer
of the licenses dated July 31, 2024, is available in ADAMS under Accession No.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. ET, Monday through Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the Federal
rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-
2024-0169 in your comment submission.
3 The NRC cautions you not to include identif ying or contact information that you
do not want to be publicly disclosed in y our comment submission. The NRC will post all
comment submissions at https://www.regulat ions.gov as well as enter the comment
submissions into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons for
submission to the NRC, then you should inform those persons not to include identifying
or contact information that they do not w ant to be publicly disclosed in their comment
submission. Your request should state that the NRC does not routinely edit comment
submissions to remove such information before making the comment submissions
available to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering the issuance of an order under sections 50.80 and 72.50
of title 10 of the Code of Federal Regulations (10 CFR) approving the direct transfer of a
two percent ownership interest of Renewed Facility Operating License Nos. NPF-76 and
NPF-80 for STP, Units 1 and 2, respectively, and its generally licensed ISFSI. The
application for approval filed by the applicants describes this transfer of a two percent
ownership interest from Constellation South Texas to CPS Energy. According to the
application, upon consummation of the transfer, Constellation South Texas and CPS
Energy will each hold a 42 percent interest in STP, Units 1 and 2. The transfer will not
change the role of STPNOC as the licensed operator for STP, Units 1 and 2.
No physical changes to the STP, Units 1 and 2, or operational changes are being
proposed in the application.
The NRCs regulations at 10 CFR 50.80 and 10 CFR 72.50 state that no license,
or any right thereunder, shall be transferred, directly or indirectly, through transfer of
4 control of the license, unless the Commission gives its consent in writing. The
Commission will approve an application for the direct transfer of a license if the
Commission determines that the proposed transferee is qualified to hold the license, and
that the transfer is otherwise consistent with applicable provisions of law, regulations,
and orders issued by the Commission.
III. Opportunity to Comment
Within 30 days from the date of publication of this notice, persons may submit
written comments regarding the license transfer application, as provided for in
10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these
comments, but such comments will not otherwise constitute part of the decisional record.
Comments should be submitted as described in the ADDRESSES section of this
document.
IV. Opportunity to Request a Hearing and Petition for Leave to Intervene
Within 20 days after the date of publication of this notice, any person (petitioner)
whose interest may be affected by this action may file a request for a hearing and
petition for leave to intervene (petition) with re spect to the action. Petitions shall be filed
in accordance with the Commissions Agency Rules of Practice and Procedure in
10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the
presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than 20 days from the date of publication of this
notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)
section of this document. Petitions and motions for leave to file new or amended
contentions that are filed after the deadline will not be entertained absent a
5 determination by the presiding officer t hat the filing demonstrates good cause by
satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
A State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof, may submit a petition to the Commission to participate as a
party under 10 CFR 2.309(h) no later than 20 days from the date of publication of this
notice. Alternatively, a State, local go vernmental body, Federally recognized Indian
Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by a person not a
party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053
(https://adamswebsearch2.nrc.gov/webSear ch2/main.jsp?AccessionNumber=ML20340A
053) and on the NRCs public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including documents filed
by an interested State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof that requests to participate under 10 CFR 2.315(c), must be
filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in some cases, to mail
copies on electronic storage media, unless an exemption permitting an alternative filing
method, as further discussed, is granted. Detailed guidance on electronic submissions is
located in the Guidance for Electronic S ubmissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public websit e at https://www.nrc.gov/site-help/e-
submittals.html.
To comply with the procedural requirements of E-Filing, at least 10 days prior to
the filing deadline, the participant should contact the Office of the Secretary by email at
6 Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital
identification (ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing system for any
proceeding in which it is participating; and (2) advise the Secretary that the participant
will be submitting a petition or other adjudicatory document (even in instances in which
the participant, or its counsel or represent ative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish an electronic docket
for the proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs
public website at https://www.nrc.gov/site-hel p/e-submittals/getting-started.html. After a
digital ID certificate is obtained and a docket created, the participant must submit
adjudicatory documents in Portable Document Format. Guidance on submissions is
available on the NRCs public website at http s://www.nrc.gov/site-help/electronic-sub-ref-
mat.html. A filing is considered complete at the time the document is submitted through
the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the
E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-sta mps the document and sends the submitter an
email confirming receipt of the document. The E-Filing system also distributes an email
that provides access to the document to the NRCs Office of the General Counsel and
any others who have advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those participants
separately. Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate before adjudicatory
documents are filed to obtain access to the documents via the E-Filing system.
7 A person filing electronically using the NRCs adjudicatory E-Filing system may
seek assistance by contacting the NRCs Electronic Filing Help Desk through the
Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-
submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at
1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and
6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they hav e good cause for not submitting documents
electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with
their initial paper filing stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper format. Such filings
must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing
adjudicatory documents in this manner are re sponsible for serving their documents on all
other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must
still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the NRCs
electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,
unless excluded pursuant to an order of the presiding officer. If you do not have an
NRC-issued digital ID certificate as previ ously described, click cancel when the link
requests certificates and you will be autom atically directed to the NRCs electronic
hearing docket where you will be able to acce ss any publicly available documents in a
particular hearing docket. Participants are requested not to include personal privacy
information such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited excerpts that
8 serve the purpose of the adjudicatory filings and would constitute a Fair Use application,
participants should not include copyrighted materials in their submission.
The Commission will issue a notice or order granting or denying a hearing
request or intervention petition, designating the issues for any hearing that will be held
and designating the Presiding Officer. A notice granting a hearing will be published in the
Federal Register and served on the parties to the hearing.
For further details with respect to this application, see the application dated
July 31, 2024.
Dated: September 30, 2024.
For the Nuclear Regulatory Commission.
/RA/
Thomas Byrd, Project Manager, Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
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