NOC-AE-13003001, Request for Threshold Determination Under 10 CFR 50.80 (Correction)

Request for Threshold Determination Under 10 CFR 50.80 (Correction)

ML13136A243
Person / Time
Site:	South Texas
Issue date:	05/07/2013
From:	Marc-Anthony Murray South Texas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NOC-AE-13003001, STI: 33691234
Download: ML13136A243 (5)

Text

I!°rr AIAM Nuc ear Operating Company South (exas Pro/ect Electric Generatin Stawon PO Box209 Madvorth, Texas 774S3 AAAA May 7, 2013 NOC-AE-1 3003001 10 CFR 50.80 STI: 33691234 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555-0001 South Texas Project Units 1 and 2 Docket Nos. STN 50-498, STN 50-499 Request for Threshold Determination Under 10 CFR 50.80 (Correction)

Reference:

(1) Letter from M.P. Murray to NRC Document Control Desk, "Request for Threshold Determination Under 10 CFR 50.80," dated August 1, 2012 (NOC-AE-12002895) (ML12228A380)

(2) Letter from B.K. Singal to D.L. Koehl, "South Texas Project, Units 1 and 2 - Request for Threshold Determination Under 10 CFR 50.80 (TAC Nos. ME9166 and ME9167)," dated November 1, 2012 (ML12297A134)

(3) Letter from M.P. Murray to NRC Document Control Desk, "Notice Regarding Completion of Merger," dated January 14, 2013 (NOC-AE-13002949) (ML13024A412)

(3) Letter from J.W. Crenshaw to NRC Document Control Desk, "Completion of NRG Energy, Inc. Corporate Restructuring Affecting NRG South Texas LP and Effectiveness of Support Agreement ," dated May 25, 2006 (NOC-AE-06002023) (ML062260413)

In Reference 1, the STP Nuclear Operating Company (STPNOC), acting on behalf of NRG South Texas LP (NRG South Texas), provided notice regarding a proposed merger involving NRG South Texas's ultimate parent company, NRG Energy, Inc. (NRG Energy). NRG South Texas is an owner licensee for 44% of South Texas Project, Units 1 and 2 (STP 1&2).

STPNOC is the licensed operator of STP 1&2.

STPNOC requested that the NRC staff review the proposed transaction described in Reference 1 and make a threshold determination that it would not involve any direct or indirect transfer of control of NRG South Texas LP or its licenses for STP 1&2 that would require approval pursuant to 10 CFR 50.80. In Reference 2, the NRC staff confirmed that the merger described in Reference 1 did not involve a direct or indirect transfer of control of the licenses for STP 1&2, and, therefore, did not require the NRC's approval under Section 184 of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.80. The merger was completed on December 14, 2012, and Notice regarding the merger was provided in Reference 3.

NRG Energy has identified that the Organization Charts included in Reference 1 incorrectly identified an NRG Energy subsidiary that holds non-voting stock in the corporate chain of ownership for NRG Energy's interests in STP 1&2. This company was correctly identified in

NOC-AE-1 3003001 Page 2 of 3 Reference 4 at the time it acquired its non-voting interests in 2006, and it is known as "NRG Generation Holdings Inc." not "NRG Texas Holdings LLC."

NRG Generation Holdings Inc. has no direct or indirect voting interest in NRG South Texas, and therefore, it should be disregarded in evaluating the direct or indirect control of licenses held by NRG South Texas. As such, its corrected name and non-voting interests are immaterial to NRC's conclusions in Reference 2. Nevertheless, the enclosed Organization Charts are provided to correct the Organization Charts provided in Reference 1.

This letter contains no NRC commitments.

If there are any questions, please contact either Mr. Jamie Paul at (361) 972-7344 or me at (361) 972-8164. Y P,& --0",r AM4(c Michael P. Murray Manager, Regulatory Affairs

Enclosure:

1. Organization Charts For NRG South Texas LP Ownership (Pre-Merger and Post-Merger)

NOC-AE-1 3003001 Page 3 of 3 cc:

(paper copy) (electronic copy)

Regional Administrator, Region IV A. H. Gutterman, Esquire U. S. Nuclear Regulatory Commission Morgan, Lewis & Bockius LLP 600 East Lamar Boulevard Arlington, TX 76011-4511 Balwant K. Singal U. S. Nuclear Regulatory Commission Balwant K. Singal John Ragan Senior Project Manager Chris O'Hara U.S. Nuclear Regulatory Commission Jim von Suskil One White Flint North (MS 8B1) NRG South Texas LP 11555 Rockville Pike Rockville, MD 20852 NRC Resident Inspector Kevin Polio U. S. Nuclear Regulatory Commission Richard Pefia P. O. Box 289, Mail Code: MNl 16 City Public Service Wadsworth, TX 77483 C. M. Canady Peter Nemeth City of Austin Crain Caton & James, P.C.

Electric Utility Department 721 Barton Springs Road C. Mele Austin, TX 78704 City of Austin Richard A. Ratliff Alice Rogers Texas Department of State Health Services

Simplified Organization Chart for NRG South Texas LP Pre-Merger 100%

Voting Stock (100%)

Non-Voting Stock (19,77%)

(a 0 CO~)

40% 16%

CA)

SOUTH TEXAS PROJECT UNITS 1 & 2 CA) 0A 0

Simplified Organization Chart for NRG South Texas LP Post-Merger Voting Stock (100%)

Non-Voting Stock (19.77%)

CD 40% 16% 0 0D SOUTH TEXAS PROJECT UNITS 1 & 2 C0 0)