ML071280118

License Amendment Nos. 178 and 165, Change the Name of One Licensee from Texas Genco, LP, to Nrg South Texas LP (TAC Nos. MD5268 and MD5269)

ML071280118
Person / Time
Site:	South Texas
Issue date:	06/29/2007
From:	Thadani M NRC/NRR/ADRO/DORL/LPLIV
To:	Sheppard J South Texas
Thadani, M C, NRR/DORL/LP4, 415-1476
Shared Package
ML071280020	List: ML071280118 ML071280688
References
TAC MD5268, TAC MD5269
Download: ML071280118 (13)

Text

June 29, 2007Mr. James J. SheppardPresident and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTSRE: PROPOSED LICENSEE NAME CHANGE (TAC NOS. MD5268 AND MD5269)

Dear Mr. Sheppard:

The Commission has issued the enclosed Amendment No. 178 to Facility Operating LicenseNo. NPF-76 and Amendment No. 165 to Facility Operating License No. NPF-80 for the South Texas Project, Units 1 and 2, respectively. The amendments consist of changes to the Facility Operating Licenses in response to your application dated April 4, 2006.The amendments revise South Texas Project Operating Licenses numbered NPF-76 and NPF-80 by changing the name of one licensee, Texas Genco, LP, to NRG South Texas LP. A copy of our related Safety Evaluation is also enclosed. The Notice of Issuance will beincluded in the Commission's next biweekly Federal Register notice.Sincerely,/RA/Mohan C. Thadani, Senior Project ManagerPlant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-498 and 50-499

Enclosures:

1. Amendment No. 178 to NPF-762. Amendment No. 165 to NPF-80

3. Safety Evaluationcc w/encls: See next page

Pkg ML071280020 (LTR/AMD: ML071280118, License pgs 1-3: ML071280688)OFFICENRR/LPL4/PMNRR/LPL4/PMNRR/LPL4/LAOGC - NLOOGC - NLO re FNSHCNRR/LPL4/BCNAMEJEargleMThadani:BVaidya for MCTJBurkhardtSUttalAHodgdonTHiltz DATE5/14/076/29/076/29/076/29/076/29/076/29/07 STP NUCLEAR OPERATING COMPANYDOCKET NO.50-498SOUTH TEXAS PROJECT, UNIT 1AMENDMENT TO FACILITY OPERATING LICENSEAmendment No. 178License No. NPF-761.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for amendment by STP Nuclear Operating Company* acting onbehalf of itself and for Texas Genco, LP, the City Public Service Board of San Antonio (CPS), AEP Texas Central Company, and the City of Austin, Texas (COA) (the licensees), dated April 4, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I;B.The facility will operate in conformity with the application, as amended, theprovisions of the Act, and the rules and regulations of the Commission;C.There is reasonable assurance (i) that the activities authorized by thisamendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations;D.The issuance of this license amendment will not be inimical to the commondefense and security or to the health and safety of the public; and E.The issuance of this amendment is in accordance with 10 CFR Part 51 of theCommission's regulations and all applicable requirements have been satisfied.

___________________*STP Nuclear Operating Company is authorized to act for Texas Genco, LP, the City Public Service Board of San Antonio, AEP Texas Central Company, and the City of Austin, Texas, and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility. 2.Accordingly, the license is amended by changes to the Facility Operating LicenseNo. NPF-76 as indicated in the attachment to this license amendment.3.The license amendment is effective as of its date of issuance and shall be implementedwithin 30 days from the date of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Thomas G. Hiltz, ChiefPlant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License No. NPF-76Date of Issuance: June 29, 2007 STP NUCLEAR OPERATING COMPANYDOCKET NO.50-499SOUTH TEXAS PROJECT, UNIT 2AMENDMENT TO FACILITY OPERATING LICENSEAmendment No. 165License No. NPF-801.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for amendment by STP Nuclear Operating Company* acting onbehalf of itself and for Texas Genco, LP, the City Public Service Board of San Antonio (CPS), AEP Texas Central Company, and the City of Austin, Texas (COA) (the licensees), dated April 4, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I;B.The facility will operate in conformity with the application, as amended, theprovisions of the Act, and the rules and regulations of the Commission;C.There is reasonable assurance (i) that the activities authorized by thisamendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations;D.The issuance of this license amendment will not be inimical to the commondefense and security or to the health and safety of the public; and E.The issuance of this amendment is in accordance with 10 CFR Part 51 of theCommission's regulations and all applicable requirements have been satisfied.

___________________*STP Nuclear Operating Company is authorized to act for Texas Genco, LP, the City Public Service Board of San Antonio, AEP Texas Central Company, and the City of Austin, Texas, and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility. 2.Accordingly, the license is amended by changes to Facility Operating License No. NPF-80 as indicated in the attachment to this license amendment.3.The license amendment is effective as of its date of issuance and shall be implementedwithin 30 days from the date of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Thomas G. Hiltz, ChiefPlant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License No. NPF-80Date of Issuance: June 29, 2007 ATTACHMENT TO LICENSE AMENDMENT NOS. 178 AND 165FACILITY OPERATING LICENSE NOS. NPF-76 AND NPF-80DOCKET NOS. 50-498 AND 50-499Replace the following pages of the Facility Operating Licenses, Nos. NPF-76 and NPF-80 withthe attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change. Facility Operating License No. NPF-76REMOVEINSERT-1--1--2- -3- -4--4-Facility Operating License No. NPF-80REMOVEINSERT-1--1--2- -3- -4-SOUTH TEXAS LICENSE-4-(2)Technical SpecificationsThe Technical Specifications contained in Appendix A, as revised throughAmendment No. 178, and the Environmental Protection Plan contained inl Appendix B, are hereby incorporated in the license. STPNOC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.(3)Not Used(4)Initial Startup Test Program (Section 14, SER)*Any changes to the Initial Test Program described in Section 14 of the FinalSafety Analysis Report made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.(5)Safety Parameter Display System (Section 18, SSER No. 4)*Before startup after the first refueling outage, HL&P[**] shall perform thenecessary activities, provide acceptable responses, and implement all proposed corrective actions related to issues as described in Section 18.2 of SER Supplement 4.(6)Supplementary Containment Purge Isolation (Section 11.5, SSER No. 4)HL&P shall provide, prior to startup from the first refueling outage, control roomindication of the normal and supplemental containment purge sample line isolation valve position.

____________________* The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.** The original licensee authorized to possess, use and operate the facility was HL&P. Consequently, historical references to certain obligations of HL&P remain in the license conditions.Amendment No. 178 (2)Technical SpecificationsThe Technical Specifications contained in Appendix A, as revised throughAmendment No. 165, and the Environmental Protection Plan contained inl Appendix B, are hereby incorporated in the license. STPNOC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.(3)Not Used(4)Initial Startup Test Program (Section 14, SR)*Any changes to the Initial Test Program described in Section 14 of theFinal Safety Analysis Report made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.(5)License TransferTexas Genco, LP shall provide decommissioning funding assurance, to beheld in decommissioning trusts for the South Texas Project, Unit 2 (Unit 2) upon the direct transfer of the Unit 2 license to Texas Genco, LP, in an amount equal to or greater than the balance in the Unit 2 decommissioning trust immediately prior to the transfer. In addition, Texas Genco, LP shall ensure that all contractual arrangements referred to in the application for approval of the transfer of the Unit 2 license to Texas Genco, LP to obtain necessary decommissioning funds for Unit 2 through a non-bypassable charge are executed and will be maintained until the decommissioning trusts are fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commission's regulations are maintained.(6)License TransferThe master decommissioning trust agreement for Unit 2, at the time thedirect transfer of Unit 2 to Texas Genco, LP is effected and thereafter, is subject to the following:

____________________* The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.Amendment No. 165 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELATED TO AMENDMENT NOS. 178 AND 165 TOFACILITY OPERATING LICENSE NOS. NPF-76 AND NPF-80STP NUCLEAR OPERATING COMPANY, ET AL.SOUTH TEXAS PROJECT, UNITS 1 AND 2DOCKET NOS. 50-498 AND 50-49

91.0INTRODUCTION

By application dated April 4, 2006 (Agencywide Documents Access and Management SystemAccession No. ML061010771), STP Nuclear Operating Company (STPNOC, the licensee) requested changes to the Facility Operating Licenses (FOLs) for South Texas Project (STP),

Units 1 and 2.The proposed changes would amend South Texas Project FOLs, NPF-76 and NPF-80, bychanging the name of one licensee Texas Genco, LP (Texas Genco), to NRG South Texas LP.

The proposed change relates to the purchase of Texas Genco's parent company by NRG Energy, Incorporated, as approved by the Nuclear Regulatory Commission (NRC) in January 2006 for the indirect transfer of licenses for STP as held by Texas Genco.2.0EVALUATIONThe NRC staff has reviewed the licensee's request for a name change and finds that theproposed amendments would change the name of one of the licensees. There is no change in design, operation, surveillance, or maintenance of the plant. The NRC staff finds that the amendments are administrative in nature, and are, therefore, acceptable.

3.0STATE CONSULTATION

In accordance with the Commission's regulations, the Texas State official was contacted onJune 18, 19, and 29, 2007, for notification of the proposed issuance of the amendment. The State official could not be reached due to a Texas Department of Health building emergency.

4.0FINAL NO SIGNIFICANT HAZARDS CONSIDERATION

DETERMINATION (NSHCD)The Commission has previously issued a proposed finding that this amendment involves nosignificant hazards consideration, and published for public comments, such finding on May 9, 2007 (72 FR 26428). Because this amendment is being issued after the 30-day comment period and before the expiration of the 60-day period providing opportunity to request a hearing,a final NSHCD is included in this safety evaluation.As required by 10 CFR 50.91(a), the licensee, in its submission, provided its analysis of theissue of no significant hazards consideration. The NRC staff has reviewed the licensee's analysis against the standards of 10 CFR 50.92(c). The NRC staff's review is presented below:The proposed amendment[s] would only change the name of a licensee. Theproposed name change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed name change does not create the possibility of a new or different kind of accident from any accident previously evaluated. The proposed name change does not involve a significant reduction in a margin of safety.The NRC staff has determined, based on this review, that the three standards of 10 CFR50.92(c) are satisfied. Therefore, the NRC staff has determined that the amendment request involves no significant hazards consideration.

5.0ENVIRONMENTAL CONSIDERATION

Pursuant to 10 CFR Sections 51.21, 51.32, and 51.35, an environmental assessment andfinding of no significant impact has been published in the Federal Register on June 14, 2007(72 FR 32924). Accordingly, based upon the environmental assessment, the NRC staff has determined that the issuance of these amendments will not have a significant effect on the quality of the human environment.

6.0CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) thereis reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendments will not be inimical to the common defense and security or to the health and safety of the public.Principal Contributor: Jason Eargle Date: June 29, 2007 March 2007South Texas Project, Units 1 & 2 cc:Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 289 Wadsworth, TX 77483C. M. CanadyCity of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 J. J. Nesrsta/R. K. TempleE. Alercon/Kevin Pollo City Public Service Board P.O. Box 1771 San Antonio, TX 78296INPORecords Center 700 Galleria Parkway Atlanta, GA 30339-3064Regional Administrator, Region IVU.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011Steve Winn/Christie JacobsEddy Daniels/Marty Ryan NRC Energy, Inc.

211 Carnegie Center Princeton, NJ 08540Judge, Matagorda CountyMatagorda County Courthouse 1700 Seventh Street Bay City, TX 77414A. H. Gutterman, Esq.Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004E. D. HalpinSite Vice President STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483S. M. Head, Manager, LicensingSTP Nuclear Operating Company P.O. Box 289, Mail Code: N5014 Wadsworth, TX 77483C. T. BowmanGeneral Manager, Oversight STP Nuclear Operating Company P.O Box 389 Wadsworth, TX 77483Marilyn KistlerSr. Staff Specialist, Licensing STP Nuclear Operating Company P.O. Box 289, Mail Code 5014 Wadsworth, TX 77483Environmental and Natural ResourcesPolicy Director P.O. Box 12428 Austin, TX 78711-3189Jon C. WoodCox, Smith, & Matthews 112 East Pecan, Suite 1800 San Antonio, TX 78205DirectorDivision of Compliance & Inspection Bureau of Radiation Control Texas Department of State Health Services 1100 West 49th Street Austin, TX 78756 March 2007South Texas Project, Units 1 & 2 cc:Mr. Ted Enos 4200 South Hulen Suite 422 Ft. Worth, TX 76109Brian AlmonPublic Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326Susan M. JablonskiOffice of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087Ken CoatesPlant General Manager STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483Mr. Terry Parks, Chief InspectorTexas Department of Licensing and Regulation Boiler Division P.O. Box 12157 Austin, TX 78711