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| | number = ML090830193 | | | number = ML090830193 |
| | issue date = 07/01/2009 | | | issue date = 07/01/2009 |
| | title = Exelon Corporation - Notice of Consideration of Approval of Application Regarding Proposed Merger of Nrg Energy, Inc., Indirect Transfers of Nrg South Texas Project Facility Operating Licenses, and Opportunity for a Hearing (TAC Nos. ME0650 | | | title = Corporation - Notice of Consideration of Approval of Application Regarding Proposed Merger of Nrg Energy, Inc., Indirect Transfers of Nrg South Texas Project Facility Operating Licenses, and Opportunity for a Hearing |
| | author name = Thadani M C | | | author name = Thadani M |
| | author affiliation = NRC/NRR/DORL/LPLIV | | | author affiliation = NRC/NRR/DORL/LPLIV |
| | addressee name = | | | addressee name = |
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| =Text= | | =Text= |
| {{#Wiki_filter:7590-01-P NUCLEAR REGULATORY COMMISSION EXELON CORPORATION AND NRG ENERGY, INC. | | {{#Wiki_filter:7590-01-P NUCLEAR REGULATORY COMMISSION EXELON CORPORATION AND NRG ENERGY, INC. |
| SOUTH TEXAS PROJECT, UNITS 1 AND 2 DOCKET NOS. 50-498 AND 50-499 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER OF NRG ENERGY, INC. AND EXELON CORPORATION, AND INDIRECT TRANSFERS OF NRG SOUTH TEXAS LP'S FACILITY OPERATING LICENSES, AND OPPORTUNITY FOR A HEARING NRC-2009-0296 The U.S. Nuclear Regulatory Commission (the Commission, NRC) is considering the issuance of an order under Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80 approving the indirect transfer of control of the Facility Operating Licenses, which are numbered NPF-76 and NPF-80, for the South Texas Project (STP), Units 1 and 2, respectively, to the extent held by NRG South Texas LP (NRG South Texas). According to an application for approval filed by Exelon Corporation (Exelon), acting on behalf of itself, Exelon Xchange Corporation (Xchange Corp.), Exelon Ventures Company, LLC (Exelon Ventures), and Exelon Generation Company, LLC (Exelon Generation) (together, the applicants), Exelon Corporation is planning to merge with NRG Energy, Inc., which is the ultimate parent company of NRG South Texas. The applicants requested that the NRC consent to the indirect transfer of control of the STP, Units 1 and 2, licenses, to the extent owned by NRG South Texas, that would result from this merger. NRG South Texas owns 44 percent of the STP, Units 1 and 2. The City Public Service Board of San Antonio and City of Austin, Texas, own, respectively 40 percent and 16 percent of STP, Units 1 and 2, but are not involved in the proposed merger. | | SOUTH TEXAS PROJECT, UNITS 1 AND 2 DOCKET NOS. 50-498 AND 50-499 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER OF NRG ENERGY, INC. AND EXELON CORPORATION, AND INDIRECT TRANSFERS OF NRG SOUTH TEXAS LPS FACILITY OPERATING LICENSES, AND OPPORTUNITY FOR A HEARING NRC-2009-0296 The U.S. Nuclear Regulatory Commission (the Commission, NRC) is considering the issuance of an order under Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80 approving the indirect transfer of control of the Facility Operating Licenses, which are numbered NPF-76 and NPF-80, for the South Texas Project (STP), Units 1 and 2, respectively, to the extent held by NRG South Texas LP (NRG South Texas). |
| In addition to NRG South Texas
| | According to an application for approval filed by Exelon Corporation (Exelon), acting on behalf of itself, Exelon Xchange Corporation (Xchange Corp.), Exelon Ventures Company, LLC (Exelon Ventures), and Exelon Generation Company, LLC (Exelon Generation) (together, the applicants), Exelon Corporation is planning to merge with NRG Energy, Inc., which is the ultimate parent company of NRG South Texas. The applicants requested that the NRC consent to the indirect transfer of control of the STP, Units 1 and 2, licenses, to the extent owned by NRG South Texas, that would result from this merger. NRG South Texas owns 44 percent of the STP, Units 1 and 2. The City Public Service Board of San Antonio and City of Austin, Texas, own, respectively 40 percent and 16 percent of STP, Units 1 and 2, but are not involved in the proposed merger. |
| = 44 percent undivided ownership interest in STP, Units 1 and 2, NRG South Texas holds a corresponding interest in STP Nuclear Operating Company (STPNOC), a not-for-profit Texas corporation, which is the licensed operator of STP, Units 1 and 2. Thus, the indirect transfer of control of NRG South Texas would also result in the indirect transfer of control of this interest in STPNOC. The applicants state that this is not a controlling interest in STPNOC and, therefore, there will be no indirect transfer of STPNOC
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| =s licenses to operate on behalf of the owners. The applicants indicate that if the NRC concludes that indirect transfer of control of NRG South Texas
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| = interest in STPNOC requires prior NRC consent, it requests such consent. No physical changes to STP, Units 1 and 2, or operational changes are being proposed in the application.
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| Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the licenses, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed transaction effecting the indirect transfer will not affect the qualifications of the licensee to hold the license and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. In this instance, Exelon asserts that the proposed indirect transfer will not result in any change in the licensee's financial qualifications or operating organization.
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| The Commission is reviewing the application and has not made any decision regarding the outcome of its review. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below.
| | In addition to NRG South Texas= 44 percent undivided ownership interest in STP, Units 1 and 2, NRG South Texas holds a corresponding interest in STP Nuclear Operating Company (STPNOC), a not-for-profit Texas corporation, which is the licensed operator of STP, Units 1 and 2. Thus, the indirect transfer of control of NRG South Texas would also result in the indirect transfer of control of this interest in STPNOC. The applicants state that this is not a controlling interest in STPNOC and, therefore, there will be no indirect transfer of STPNOC=s licenses to operate on behalf of the owners. The applicants indicate that if the NRC concludes that indirect transfer of control of NRG South Texas= interest in STPNOC requires prior NRC consent, it requests such consent. |
| Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission
| | No physical changes to STP, Units 1 and 2, or operational changes are being proposed in the application. |
| =s action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission
| | Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the licenses, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed transaction effecting the indirect transfer will not affect the qualifications of the licensee to hold the license and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. In this instance, Exelon asserts that the proposed indirect transfer will not result in any change in the licensee's financial qualifications or operating organization. |
| =s rules of practice set forth in Subpart C, ARules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,@ of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 28, 2007 (72 FR 49139). 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. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms ViewerŽ to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerŽ is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.
| | The Commission is reviewing the application and has not made any decision regarding the outcome of its review. |
| A person filing electronically may seek assistance through the "Contact Us" link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help Desk, which is available between 8:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday, excluding government holidays. The toll-free help line number is 1-866-672-7640.or by e-mail at MSHD.Resource@nrc.gov. Participants who believe that they have a 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 requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/ehd_proceeding/home.asp , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home 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 serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. 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. 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 are not subject to the e-filing rule and should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this Federal Register notice. Comments may also be sent by email to hearing.docket@nrc.gov. For further details with respect to this license transfer application, see the application dated January 29, 2009, as supplemented by letter dated March 18, 2009, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to pdr.resource@nrc.gov. Attorney for applicants: Mr. J. Bradley Fewell, Associate General Counsel, Counsel for Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555. Attorney for NRG Energy, Inc.: Mr. Daniel F. Stenger, Partner, Hogan & Hartson, LLP, 555 Thirteenth Street, NW, Washington, DC 20004. Dated at Rockville, Maryland, this 1 st day of July 2009.
| | The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. |
| FOR THE NUCLEAR REGULATORY COMMISSION
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| /RA/ | | Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission=s action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission=s rules of practice set forth in Subpart C, ARules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,@ of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). |
| | All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 28, 2007 (72 FR 49139). 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. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. |
| | To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a digital ID certificate, |
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| | which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer' to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer' is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is available on NRCs public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. |
| | Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. |
| | |
| | A person filing electronically may seek assistance through the Contact Us link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help Desk, which is available between 8:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday, excluding government holidays. The toll-free help line number is 1-866-672-7640.or by e-mail at MSHD.Resource@nrc.gov. |
| | Participants who believe that they have a 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 requesting authorization to continue to submit documents in paper format. |
| | Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. |
| | Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home 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 serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. |
| | 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. |
| | 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 are not subject to the e-filing rule and should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this Federal Register notice. Comments may also be sent by email to hearing.docket@nrc.gov. |
| | For further details with respect to this license transfer application, see the application dated January 29, 2009, as supplemented by letter dated March 18, 2009, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should |
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| | contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to pdr.resource@nrc.gov. |
| | Attorney for applicants: Mr. J. Bradley Fewell, Associate General Counsel, Counsel for Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555. |
| | Attorney for NRG Energy, Inc.: Mr. Daniel F. Stenger, Partner, Hogan & Hartson, LLP, 555 Thirteenth Street, NW, Washington, DC 20004. |
| | Dated at Rockville, Maryland, this 1st day of July 2009. |
| | FOR THE NUCLEAR REGULATORY COMMISSION |
| | /RA/ |
| Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation}} | | Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation}} |
Letter Sequence Other |
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MONTHYEARRS-09-007, Company, LLC, Application for Approval of Indirect Transfer of Control of Licenses2009-01-29029 January 2009 Company, LLC, Application for Approval of Indirect Transfer of Control of Licenses Project stage: Request ML0906403052009-03-0606 March 2009 Application for Indirect License Transfer of Licenses, Supplemental Information Request for Acceptance Review Project stage: Acceptance Review RS-09-040, County, Limerick, Oyster Creek, Peach Bottom, Quad Cities, Salem, Three Mile Unit 1, Zion, South Texas, Additional Information - Application for Approval of Indirect Transfer of Control of Licenses2009-03-18018 March 2009 County, Limerick, Oyster Creek, Peach Bottom, Quad Cities, Salem, Three Mile Unit 1, Zion, South Texas, Additional Information - Application for Approval of Indirect Transfer of Control of Licenses Project stage: Request ML0907902522009-03-19019 March 2009 Acceptance Review Email to Exelon Corporation Exelon Corporation'S Application for Indirect Transfer of South Texas Project, Units 1 and 2, Facility Operating Licenses Project stage: Acceptance Review ML0907103302009-04-30030 April 2009 Corp., Request for Withholding Information from Public Disclosure Project stage: Withholding Request Acceptance ML0913803242009-05-18018 May 2009 Corporation - Email from Licensee, Revised Requested Date for NRC Approval to September 30, 2009, Exelon Request for Indirect Transfer of Nrg Energy'S 44 Percent Share in South Texas Project, Units 1 and 2 Project stage: Request ML0908305622009-06-30030 June 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other ML0908404602009-06-30030 June 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other ML0908500282009-06-30030 June 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other ML0911101232009-07-0101 July 2009 Cover Ltr. - Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other ML0911904742009-07-0101 July 2009 Notice of Consideration of Approval of an Application for Indirect License Transfer Resulting from the Proposed Merger Between Exelon Corporation and Nrg Energy, Inc., and Opportunity for a Hearing Project stage: Other ML0909207382009-07-0101 July 2009 Frn:General Notice. LaSalle, Units 1 and 2 - Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other ML0909206932009-07-0101 July 2009 Cover Letter-Notice of Consideration of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other ML0909205532009-07-0101 July 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Letter Project stage: Other ML0908607992009-07-0101 July 2009 Notice of Consideration of Approval of Application Regarding Proposed Meger and Opportunity for a Hearing (Cover Letter) Project stage: Other ML0907102682009-07-0101 July 2009 Notice of Consideration of Approval of Application for Indirect License Transfer Resulting from Proposed Merger Between Exelon Corp., and Nrg Energy, Inc., and Opportunity for a Hearing Project stage: Other ML0907101852009-07-0101 July 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other NRC-2009-0292, Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing2009-07-0101 July 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other NRC-2009-0289, FRN: General Notice. Braidwood, Units 1 and 2 - Notice of Consideration of Approval of Application Re Proposed Merger and Opportunity for a Hearing2009-07-0101 July 2009 FRN: General Notice. Braidwood, Units 1 and 2 - Notice of Consideration of Approval of Application Re Proposed Merger and Opportunity for a Hearing Project stage: Other ML0911101342009-07-0101 July 2009 FRN: General Notice. Braidwood, Units 1 and 2 - Notice of Consideration of Approval of Application Re Proposed Merger and Opportunity for a Hearing Project stage: Other ML0911101492009-07-0101 July 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other ML0911101592009-07-0101 July 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Project stage: Other NRC-2009-0296, Exelon Corporation - Notice of Consideration of Approval of Application Regarding Proposed Merger of Nrg Energy, Inc., Indirect Transfers of Nrg South Texas Project Facility Operating Licenses, and Opportunity for a Hearing (TAC Nos. M2009-07-0101 July 2009 Exelon Corporation - Notice of Consideration of Approval of Application Regarding Proposed Merger of Nrg Energy, Inc., Indirect Transfers of Nrg South Texas Project Facility Operating Licenses, and Opportunity for a Hearing (TAC Nos. ME0650 Project stage: Other ML0908301682009-07-0101 July 2009 Notice of Consideration of Approval of Application Regarding Proposed Merger of Nrg Energy, Inc., Indirect Transfers of Nrg South Texas Project Facility Operating Licenses, and Opportunity for a Hearing Project stage: Other ML0908301932009-07-0101 July 2009 Corporation - Notice of Consideration of Approval of Application Regarding Proposed Merger of Nrg Energy, Inc., Indirect Transfers of Nrg South Texas Project Facility Operating Licenses, and Opportunity for a Hearing Project stage: Other ML0921006862009-07-24024 July 2009 Corporation Withdrawal of Application for Approval of Indirect Transfer of Control of Licenses Project stage: Request ML0921000842009-07-27027 July 2009 E-mail Attaching Balch & Bingham Llp July 24, 2009 Letter - Withdrawal of Request for Approval of Indirect Transfer of Control of Licenses for Nrg South Texas LP Project stage: Withdrawal RS-09-103, Corporation Withdrawal of Application for Approval of Indirect Transfer of Control of Licenses2009-07-30030 July 2009 Corporation Withdrawal of Application for Approval of Indirect Transfer of Control of Licenses Project stage: Request ML0923305222009-08-31031 August 2009 Letter to Notice of Withdrawal of Indirect License Transfer Request Project stage: Withdrawal ML0922204942009-09-0101 September 2009 Letter, Withdrawal of Application for Indirect Transfer of Control of Operating Licenses Project stage: Withdrawal ML0922205062009-09-0101 September 2009 FRN: Braidwood, Byron, Clinton, Dresden, LaSalle, Limerick, Oyster Creek, Peach Bottom, Quad Cities, Salem, Three Mile Island, Zion, and South Texas Project - Notice of Withdrawal of Application for Indirect Transfer of Control of Operating Project stage: Withdrawal 2009-06-30
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Category:Federal Register Notice
MONTHYEARML23279A0382023-10-30030 October 2023 Associated Independent Spent Fuel Storage Installation - Enclosure 1 -Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Order) 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) ML23188A1592023-07-14014 July 2023 the Associated ISFSI - Notice of Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing (EPID L-2023-LLM-0004) - FRN ML23114A0152023-04-28028 April 2023 Exemption from the Requirements of 10 CFR 20.2206 (EPID L-2023-LLE-0009) (FRN) ML23094A2712023-04-27027 April 2023 Exemption from the Requirements of 10 CFR 20.2206 (EPID L-2023-LLE-0009) (Letter) ML22293A0022022-11-30030 November 2022 Environmental Assessment and Finding of No Significant Impact Related to Alternate Disposal Procedures for Very Low-Level Radioactive Material - Transmittal Letter ML22293A0032022-11-30030 November 2022 Environmental Assessment and Finding of No Significant Impact Related to Alternate Disposal Procedures for Very Low-Level Radioactive Material - FRN ML22094A1772022-04-25025 April 2022 Federal Register Notice, NRC Granting of Exemption to South Texas Project ISFSI from CoC 1032 for 1 MPC ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19168A0842019-06-26026 June 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 07/02/2019 ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 ML18351A0022019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 NRC-2018-0287, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/20192019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 ML18173A1792018-08-0707 August 2018 OEDO-17-00070 - Notice of Issuance of Director'S Decision, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Japan C ML17146B1672017-09-28028 September 2017 FRN for Issuance of the Renewed Operating Licenses for South Texas Project, Units 1 and 2 ML17138A2762017-09-19019 September 2017 License Renewal Record of Decision ML17198A3292017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement Letter, Paul Gunter, Beyond Nuclear, Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Jap ML17200A0652017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement FRN, Paul Gunter, Beyond Nuclear, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and NRC-2016-0092, South Texas Project, Units 1 and 2 - FRN: Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix a, General Design Criteria 35, 38, 41 (CAC Nos. MF2402-MF2409)2017-07-11011 July 2017 South Texas Project, Units 1 and 2 - FRN: Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix a, General Design Criteria 35, 38, 41 (CAC Nos. MF2402-MF2409) ML17037C8762017-07-11011 July 2017 FRN: Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix a, General Design Criteria 35, 38, 41 (CAC Nos. MF2402-MF2409) ML17037C8712017-07-11011 July 2017 Letter, Exemption from the Requirements of 10 CFR Part 50, Section 50.46 (CAC Nos. MF2402-MF2409) ML16278A5992017-05-0202 May 2017 Environmental Assessment and Finding of No Significant Impact, Revise Licensing Basis as Documented in the UFSAR and Request for Exemptions, Risk-Informed Approach to Address GSI-191 (CAC MF2400 to MF2409) NRC-2016-0100, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 20162016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16131A7952016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16032A3872016-04-26026 April 2016 Draft Environmental Assessment and Finding of No Significant Impact, Revise Licensing Basis as Documented in the UFSAR and Request for Exemptions, Risk-Informed Approach to Address GSI-191 (CAC MF2400-MF2409) ML16032A4032016-04-26026 April 2016 FRN, Draft Environmental Assessment and Finding of No Significant Impact, Revise Licensing Basis as Documented in the UFSAR and Request for Exemptions, Risk-Informed Approach to Address GSI-191 (CAC MF2400-MF2409) ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 ML13252A4022013-11-19019 November 2013 STP FSEIS FRN (Update) ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML12321A3112012-12-18018 December 2012 STP Units 1 and 2, LRA Review ML12321A3512012-12-18018 December 2012 Notice of Availability of the Dseis for Lr of STP, Units 1 and 2, for Public Comment ML12320A6032012-12-13013 December 2012 License Renewal Application Review (THC No. 201002271) ML12339A2652012-12-0505 December 2012 Notice of Availability of the Draft Plant-Specific Supplement 48 to the GEIS for License Renewal of Nuclear Plants Regarding South Texas Project, Units 1 and 2, (TAC ME5122, ME5123, ME4938, and ME4939) ML12195A0852012-12-0505 December 2012 Notice of Availability of the Draft Plant-Specific Supplement 48 to the GEIS for License Renewal of Nuclear Plants Regarding South Texas Project, Units 1 and 2, (TAC Nos. ME5122, ME5123, ME4938, and ME4939) ML12222A0232012-08-14014 August 2012 Letter, Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability ML12222A0262012-08-14014 August 2012 FRN - Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability NRC-2012-0196, South Texas Project, Units 1 and 2 - FRN - Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability (TAC Nos. ME6346 and ME6347)2012-08-14014 August 2012 South Texas Project, Units 1 and 2 - FRN - Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability (TAC Nos. ME6346 and ME6347) ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2011-0233, South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366)2011-10-27027 October 2011 South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366) ML1124206162011-10-27027 October 2011 Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material ML1124113012011-10-0404 October 2011 FRN: General Notice. South Texas Project, Units 1 and 2 - Environmental Assessment and Finding of No Significant Impact, Proposed Exemption from 10 CFR 50.46 and 10 CFR 50 Appendix K to Allow Use of Optimized Zirlo as Fuel Rod Cladding Mate NRC-2011-0187, Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/20112011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1122302752011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1120917232011-08-0404 August 2011 FRN, Withdrawal of License Amendment Request, Revise Application of Control Risk Management Program in Technical Specification 3.7.7, Control Room Makeup and Cleanup Filtration System NRC-2011-0063, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification 6.8.3.I, Containment Post Tensioning System Surveillance Program, Consistent with Updated Edition of ASME Code, Section Xi2011-03-15015 March 2011 Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification 6.8.3.I, Containment Post Tensioning System Surveillance Program, Consistent with Updated Edition of ASME Code, Section Xi ML1107405012011-03-15015 March 2011 Letter, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification 6.8.3.I, Containment Post Tensioning System Surveillance Program, Consistent with Updated Edition of ASME Code, Section XI 2023-07-14
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7590-01-P NUCLEAR REGULATORY COMMISSION EXELON CORPORATION AND NRG ENERGY, INC.
SOUTH TEXAS PROJECT, UNITS 1 AND 2 DOCKET NOS. 50-498 AND 50-499 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER OF NRG ENERGY, INC. AND EXELON CORPORATION, AND INDIRECT TRANSFERS OF NRG SOUTH TEXAS LPS FACILITY OPERATING LICENSES, AND OPPORTUNITY FOR A HEARING NRC-2009-0296 The U.S. Nuclear Regulatory Commission (the Commission, NRC) is considering the issuance of an order under Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80 approving the indirect transfer of control of the Facility Operating Licenses, which are numbered NPF-76 and NPF-80, for the South Texas Project (STP), Units 1 and 2, respectively, to the extent held by NRG South Texas LP (NRG South Texas).
According to an application for approval filed by Exelon Corporation (Exelon), acting on behalf of itself, Exelon Xchange Corporation (Xchange Corp.), Exelon Ventures Company, LLC (Exelon Ventures), and Exelon Generation Company, LLC (Exelon Generation) (together, the applicants), Exelon Corporation is planning to merge with NRG Energy, Inc., which is the ultimate parent company of NRG South Texas. The applicants requested that the NRC consent to the indirect transfer of control of the STP, Units 1 and 2, licenses, to the extent owned by NRG South Texas, that would result from this merger. NRG South Texas owns 44 percent of the STP, Units 1 and 2. The City Public Service Board of San Antonio and City of Austin, Texas, own, respectively 40 percent and 16 percent of STP, Units 1 and 2, but are not involved in the proposed merger.
In addition to NRG South Texas= 44 percent undivided ownership interest in STP, Units 1 and 2, NRG South Texas holds a corresponding interest in STP Nuclear Operating Company (STPNOC), a not-for-profit Texas corporation, which is the licensed operator of STP, Units 1 and 2. Thus, the indirect transfer of control of NRG South Texas would also result in the indirect transfer of control of this interest in STPNOC. The applicants state that this is not a controlling interest in STPNOC and, therefore, there will be no indirect transfer of STPNOC=s licenses to operate on behalf of the owners. The applicants indicate that if the NRC concludes that indirect transfer of control of NRG South Texas= interest in STPNOC requires prior NRC consent, it requests such consent.
No physical changes to STP, Units 1 and 2, or operational changes are being proposed in the application.
Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the licenses, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed transaction effecting the indirect transfer will not affect the qualifications of the licensee to hold the license and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. In this instance, Exelon asserts that the proposed indirect transfer will not result in any change in the licensee's financial qualifications or operating organization.
The Commission is reviewing the application and has not made any decision regarding the outcome of its review.
The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below.
Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission=s action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission=s rules of practice set forth in Subpart C, ARules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,@ of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii).
All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 28, 2007 (72 FR 49139). 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. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a digital ID certificate,
which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer' to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer' is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is available on NRCs public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.
A person filing electronically may seek assistance through the Contact Us link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help Desk, which is available between 8:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday, excluding government holidays. The toll-free help line number is 1-866-672-7640.or by e-mail at MSHD.Resource@nrc.gov.
Participants who believe that they have a 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 requesting authorization to continue to submit documents in paper format.
Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service.
Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home 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 serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions.
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.
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 are not subject to the e-filing rule and should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this Federal Register notice. Comments may also be sent by email to hearing.docket@nrc.gov.
For further details with respect to this license transfer application, see the application dated January 29, 2009, as supplemented by letter dated March 18, 2009, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should
contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.
Attorney for applicants: Mr. J. Bradley Fewell, Associate General Counsel, Counsel for Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
Attorney for NRG Energy, Inc.: Mr. Daniel F. Stenger, Partner, Hogan & Hartson, LLP, 555 Thirteenth Street, NW, Washington, DC 20004.
Dated at Rockville, Maryland, this 1st day of July 2009.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation