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| | number = ML12228A380 | | | number = ML12228A380 |
| | issue date = 08/01/2012 | | | issue date = 08/01/2012 |
| | title = South Texas Project, Units 1 and 2, Request for Threshold Determination Under 10 CFR 50.80 | | | title = Project, Units 1 and 2, Request for Threshold Determination Under 10 CFR 50.80 |
| | author name = Murray M P | | | author name = Murray M P |
| | author affiliation = South Texas Project Nuclear Operating Co | | | author affiliation = South Texas Project Nuclear Operating Co |
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MONTHYEARNOC-AE-12002895, Request for Threshold Determination Under 10 CFR 50.802012-08-0101 August 2012 Request for Threshold Determination Under 10 CFR 50.80 Project stage: Request NOC-AE-12002899, Supplemental Information Regarding Request for Threshold Determination Under 10 CFR 50.802012-08-28028 August 2012 Supplemental Information Regarding Request for Threshold Determination Under 10 CFR 50.80 Project stage: Supplement ML12258A1282012-09-28028 September 2012 Request for Additional Information Regarding Threshold Determination Under 10 CFR 50.80 Related to the Proposed Merger Between Nrg Energy, Inc. and Genon Energy, Inc. Project stage: RAI NOC-AE-12002905, Response to Request for Additional Information Regarding Threshold Determination Under 10 CFR 50.802012-10-0303 October 2012 Response to Request for Additional Information Regarding Threshold Determination Under 10 CFR 50.80 Project stage: Response to RAI ML12297A1342012-11-0101 November 2012 Request Threshold Determination Under 10 CFR 50.80 Regarding the Proposed Merger Between Nrg Energy, Inc. and Genon Energy. Inc. Project stage: Other ML14029A3462012-11-0101 November 2012 Official Exhibit - STP000067-00-BD01 - Letter from B. Singal, NRC, to D. Koehhl, STPNOC, South Texas Project, Units 1 and 2 - Request for Threshold Determination Under 10 CFR 50.80 Project stage: Other ML13182A6902012-11-0101 November 2012 Applicant Pre-Filed Hearing Exhibit STP000067, Request for Threshold Determination Under 10 CFR 50.80 Project stage: Other NOC-AE-13002949, Notice Regarding Completion of Merger2013-01-14014 January 2013 Notice Regarding Completion of Merger Project stage: Other 2012-08-01
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Category:Letter
MONTHYEARNOC-AE-240040, Inservice Inspection Summary Report - 2RE232024-09-0404 September 2024 Inservice Inspection Summary Report - 2RE23 IR 05000498/20243012024-08-27027 August 2024 NRC Initial Operator Licensing Examination Approval 05000498/2024301; 05000499/2024301 IR 05000498/20240052024-08-22022 August 2024 Updated Inspection Plan for South Texas Project Electric Generating Station, Units 1 and 2 (Report 05000498/2024005 and 05000499/2024005) IR 05000498/20240022024-08-0909 August 2024 Integrated Inspection Report 05000498/2024002 and 05000499/2024002 IR 05000498/20240102024-08-0808 August 2024 Biennial Problem Identification and Resolution Inspection Report 05000498/2024010 and 05000499/2024010 ML24218A1462024-07-26026 July 2024 2. EPA Comments on South Texas Project Exemption Ea/Fonsi ML24207A1782024-07-25025 July 2024 Licensed Operator Positive Fitness-For-Duty Test IR 05000498/20244042024-06-0303 June 2024 Cyber Security Inspection Report 05000498/2024404 (Cover Letter) ML24141A0482024-05-17017 May 2024 EN 56958_1 Ametek Solidstate Controls, Inc ML24136A2842024-05-15015 May 2024 Independent Spent Fuel Storage Installation Supplement to Request for Exemption from Various Part 72 Regulations Resulting from Fuel Basket Design Control Compliance ML24136A2872024-05-15015 May 2024 Submittal of 2024 Nrc/Fema Evaluated Exercise Scenario Manual NOC-AE-240040, Operator Licensinq Examination Schedule Revision 32024-05-15015 May 2024 Operator Licensinq Examination Schedule Revision 3 ML24128A1572024-05-0707 May 2024 Independent Spent Fuel Storage Installation Request for Exemption from Various Part 72 Regulations Resulting from Fuel Basket Design Control Compliance IR 05000498/20240012024-05-0606 May 2024 Integrated Inspection Report 05000498/2024001 & 05000499/2024001 NOC-AE-240040, Annual Dose Report for 20232024-04-29029 April 2024 Annual Dose Report for 2023 ML24116A3032024-04-25025 April 2024 Operations Quality Assurance Plan Condition Adverse to Quality Definition Change Resulting in a Reduction in Commitment ML24116A2282024-04-25025 April 2024 Annual Environmental Operating Report ML24117A1602024-04-24024 April 2024 2023 Radioactive Effluent Release Report ML24102A2452024-04-23023 April 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0046 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML24113A3122024-04-22022 April 2024 Cycle 24 Core Operating Limits Report NOC-AE-240040, Financial Assurance for Decommissioning - 2024 Update2024-03-28028 March 2024 Financial Assurance for Decommissioning - 2024 Update ML24081A3972024-03-21021 March 2024 Response to Request for Additional Information for Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML24080A2902024-03-19019 March 2024 Nuclear Liability Certificates of Insurance ML24079A1312024-03-0505 March 2024 Nuclear Insurance Protection ML24060A1742024-02-28028 February 2024 Submittal of Annual Fitness for Duty Performance Report for 2023 IR 05000498/20230062024-02-28028 February 2024 Annual Assessment Letter for South Texas Project Electric Generating Station, Units 1 and 2 (Report 05000498/2023006 and 05000499/2023006) IR 05000498/20240132024-02-27027 February 2024 Design Basis Assurance Inspection (Programs) Commercial Grade Dedication IR 05000498/2024013 and 05000499/2024013 ML24050A0082024-02-19019 February 2024 Evidence of Financial Protection ML24045A0922024-02-16016 February 2024 Response to STP FOF Move Letter (2024) NOC-AE-240040, Unit L & 2, Supplement to Modify the Implementation Date for License Amendment Request to Revise Alternate Source Term Dose Calculation2024-02-0808 February 2024 Unit L & 2, Supplement to Modify the Implementation Date for License Amendment Request to Revise Alternate Source Term Dose Calculation ML24039A1112024-02-0808 February 2024 Operator Licensing Examination Schedule Revision 2 ML24033A3002024-02-0707 February 2024 Summary of Regulatory Audit Regarding a Proposed Alternative to ASME Code, Section XI Requirements for Containment Building Inspections ML24038A3342024-02-0707 February 2024 Change to South Texas Project Electric Generating Station (Stepgs) Emergency Plan IR 05000498/20230042024-01-29029 January 2024 Integrated Inspection Report 05000498/2023004 and 05000499/2023004 ML24029A2752024-01-29029 January 2024 Request to Reschedule Evaluated Force-on-Force Drill ML24024A1162024-01-24024 January 2024 STP Unit 2 Request for Information IR 05000498/20230032023-12-28028 December 2023 Acknowledgment of Reply to a Notice of Violation (NRC Inspection Report 05000498/2023003 and 05000499/2023003) ML23360A1692023-12-26026 December 2023 FEMA, Submittal of Radiological Emergency Preparedness Final Report for the South Texas Project Medical Services Drill Evaluated on August 31, 2023 NOC-AE-230040, Supplement to Proposed Alternate Frequency to Containment Unbonded Post-Tensioning System Inservice Inspection (Relief Request RR-ENG-4-06)2023-12-14014 December 2023 Supplement to Proposed Alternate Frequency to Containment Unbonded Post-Tensioning System Inservice Inspection (Relief Request RR-ENG-4-06) NOC-AE-230039, Docket Nos. Stn 50-498, Stn 50-499 - Reply to a Notice of Violation, NRC Inspection Report 05000498/2023003 and 05000499/20230032023-12-12012 December 2023 Docket Nos. Stn 50-498, Stn 50-499 - Reply to a Notice of Violation, NRC Inspection Report 05000498/2023003 and 05000499/2023003 ML23326A2592023-12-0505 December 2023 Review of the Fall 2022 Steam Generator Tube Inspection Report ML23339A1902023-12-0505 December 2023 Update Foreign Ownership, Control, or Influence (FOCI) IR 05000498/20234012023-12-0404 December 2023 Security Baseline Inspection Report 05000498/2023401 and 05000499/2023401 ML23324A0102023-11-16016 November 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23310A2282023-11-13013 November 2023 Integrated Inspection Report 05000498/2023003 and 05000499/2023003, and Notice of Violation ML23311A2082023-11-0909 November 2023 Reassignment of U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch IV ML23298A0002023-11-0101 November 2023 the Associated Independent Spent Fuel Storage Installation - Issuance of Amendment Nos. 226 and 211 Related to Order Approving Indirect Transfer of Licenses and Conforming License Amendments ML23303A0782023-10-30030 October 2023 Submittal of Supplemental Information in Response to Order Consenting to License Transfers and Approval of Draft Conforming License Amendments ML23279A0342023-10-30030 October 2023 Associated Independent Spent Fuel Storage Installation - Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Letter) IR 05000498/20234032023-10-26026 October 2023 Material Control and Accounting Program Inspection Report 05000498/2023403 and 05000499/2023403 (Cover Letter) 2024-09-04
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Nuclear Operating Company South Texas Proedt Electric GeneratingStaton P.0. Box 289 Wadsworth.
Texas 7748; -August 1, 2012 NOC-AE-1 2002895 10 CFR 50.80 STI: 33578962 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 m Acting on behalf of NRG South Texas LP (NRG South Texas), the STP Nuclear Operating Company (STPNOC) provides 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 requests that the NRC staff review the proposed transaction described in this letter and make a threshold determination that it does not involve any direct or indirect transfer of control of NRG South Texas or its licenses for STP 1 &2 that would require approval pursuant to 10 CFR 50.80.NRG Energy, and its wholly owned subsidiary, Plus Merger Corporation (Plus Merger), have entered into an "Agreement and Plan of Merger" dated as of July 20, 2012, with GenOn Energy, Inc. (GenOn Energy). NRG Energy, Plus Merger and GenOn Energy are each a Delaware corporation.
NRG Energy and GenOn Energy are publicly traded companies, each with shares that are widely held. Pursuant to the Agreement and Plan of Merger, and subject to obtaining required regulatory approvals, Plus Merger will merge with and into GenOn Energy, with GenOn Energy being the surviving corporation.
A copy of the Agreement and Plan of Merger was submitted to the Securities and Exchange Commission as Exhibit 2.1 to an 8-K filed by NRG Energy on July 23, 2012, and available at: http://www.sec..qov/Archives/edqar/data/1 013871/000110465912050256/0001104659-12-050256-index.htm Following the merger, the then existing GenOn Energy shareholders will receive 0.1216 of a share of NRG common stock in exchange for each GenOn Energy share of common stock.Thus, the GenOn Energy shareholders at the time of the merger will emerge with approximately 29% of the shares of NRG Energy, and the shareholdersof NRG Energy at the time of the merger will continue to own approximately 71% of the shares of NRG Energy. After the closing, the NRG Energy Board of Directors will have sixteen members, all whom will be U.S. citizens.Twelve of the existing fourteen directors of NRG Energy will continue to serve as directors of NRG Energy, including Mr. Howard E. Cosgrove, who will continue to serve as Chairman of the Board and Mr. David Crane, who will continue to serve as a director as well as President and Chief Executive Officer. Four directors from the existing GenOn Energy Board will join the NRG Energy Board, including GenOn Energy's Chairman and CEO Edward R. Muller, who will join the NRG Energy Board as Vice-Chairman.
The identity of the remaining directors of NRG NOC-AE-12002895 Page 2 of 3 Energy and GenOn Energy who will serve on the post-merger NRG Energy Board will be determined prior to the closing of the merger.NRG Energy's shareholders will constitute a majority of the NRG Energy shareholders after the merger, and the existing NRG Energy Board members will constitute a majority of the NRG Energy Board after the merger. Moreover, the merger will not involve the creation of any new intermediary holding company or affect any of the existing intermediary holding companies in the chain of ownership of NRG South Texas. Attached are simplified organization charts depicting the Pre-Merger and Post-Merger ownership of NRG South Texas.The conclusion that, based upon these facts, the NRG Energy-GenOn Energy merger does not involve any transfer of control of the NRG South Texas or its licenses is clear, especially when compared with other recent NRC precedents, such as NRC's conclusions regarding the NRC licenses held by a subsidiary of Duke Energy Corporation (Duke) in connection with its merger with Progress Energy, Inc. (Progress) and regarding the NRC licenses held by a subsidiary of Exelon Corporation (Exelon) in connection with its merger with Constellation Energy Group, Inc.(CEG). By letter dated November 14, 2011 (ADAMS Accession Number ML1 1213A271), NRC agreed that the Duke-Progress merger did not involve any transfer of the Duke licenses requiring NRC approval, and by letter dated December 1, 2011 (ADAMS Accession Number ML1 12450212), NRC agreed that the Exelon-Constellation merger did not involve any transfer of the Exelon licenses requiring NRC approval.
In these mergers, both Duke and Exelon became the parent holding companies, and there was no change in the chain of ownership through which either owned its existing nuclear plants. The Duke and Exelon shareholders each retained a majority of the shares after the merger, and each of their Boards comprised a majority of the Board members of the surviving parent company after the merger. The same is true for NRG Energy with respect to the proposed NRG Energy-GenOn Energy merger.STPNOC respectfully requests that NRC issue a threshold determination that the proposed NRG Energy-GenOn Energy merger does not involve any direct or indirect transfer of control of NRG South Texas's licenses for STP 1&2 that would require approval pursuant to 10 CFR 50.80. NRG Energy expects to close the merger by the first quarter of 2013, and as such, STPNOC requests that NRC issue its determination as promptly as possible and by no later than November 1, 2012.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.Michael P. Murray Manager, Regulatory Affairs
Enclosure:
- 1. Simplified Organization Charts For NRG South Texas LP Ownership (Pre-Merger and Post-Merger)
NOC-AE-1 2002895 Page 3 of 3 cc: (paper copy)(electronic copy)Regional Administrator, Region IV U. S. Nuclear Regulatory Commission 1600 East Lamar Boulevard Arlington, TX 76011-4511 Balwant K. Singal Senior Project Manager U.S. Nuclear Regulatory Commission One White Flint North (MS 8 B1)11555 Rockville Pike Rockville, MD 20852 NRC Resident Inspector U. S. Nuclear Regulatory Commission P. 0. Box 289, Mail Code: MN1 16 Wadsworth, TX 77483 C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Attention:
Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 A. H. Gutterman, Esquire Morgan, Lewis & Bockius LLP Balwant K. Singal U. S. Nuclear Regulatory Commission John Ragan Chris O'Hara Jim von Suskil NRG South Texas LP Kevin Polio Richard Pena City Public Service Peter Nemeth Crain Caton & James, P.C.C. Mele City of Austin Richard A. Ratliff Texas Department of State Healthl Services Alice Rogers Texas Department of State Health Services NOC-AE-12002895 Enclosure Page 1 of 2 Simplified Organization Chart for NRG South Texas LP Pre-Merger 100%Voting Stock (100%)Non-Voting Stock (19.77%)40%16%SOUTH TEXAS PROJECT UNITS 1 & 2 NOC-AE-12002895 Enclosure Page 2 of 2 Simplified Organization Chart for NRG South Texas LP Post-Merger Voting Stock (100%)Non-Voting Stock (19.77%)40%16%SOUTH TEXAS PROJECT UNITS 1 & 2