ML050830149

License Amendment, Order Approving Transfer of Licenses from Aep Texas Central Company and Indirect License Transfers to the Extent Effected Relating to South Texas Company and Conforming Amendments

ML050830149
Person / Time
Site:	South Texas
Issue date:	04/04/2005
From:	Jaffe D NRC/NRR/DLPM/LPD4
To:	Sheppard J South Texas
Jaffe D, NRR/DLPM, 415-1439
Shared Package
ML050830219	List: ML050830149 ML050830226 ML050940458
References
TAC MC4917, TAC MC4918
Download: ML050830149 (10)

Text

April 4, 2005 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483

SUBJECT:

ORDER APPROVING TRANSFER OF LICENSES FROM AEP TEXAS CENTRAL COMPANY AND INDIRECT LICENSE TRANSFERS TO THE EXTENT EFFECTED RELATING TO SOUTH TEXAS PROJECT NUCLEAR OPERATING COMPANY AND CONFORMING AMENDMENTS (TAC NOS. MC4917 AND MC4918)

Dear Mr. Sheppard:

The U.S. Nuclear Regulatory Commission (NRC) staff has completed its review of your application dated October 21, 2004, as supplemented by letters dated December 13 and 22, 2004, and February 23 and March 1, 2005, requesting approval of the direct transfer of the Title 10 Code of Federal Regulations Part 50 Facility Operating Licenses for South Texas Project Units 1 and 2 (STP) to the extent held by AEP Texas Central Company (TCC), to Texas Genco, LP (Texas Genco) and the City Public Service Board of San Antonio (CPS) under alternative scenarios. Texas Genco and CPS are among the current owners of STP. The enclosed Order approves the proposed alternative direct license transfers, subject to the conditions described therein, and approves conforming license amendments, to be issued and made effective at the time of the closing of the direct license transfers. The Order also approves the indirect transfer of the licenses as held by South Texas Project Nuclear Operating Company to the extent effected by the proposed underlying transactions necessitating the approval of the direct license transfers.

Enclosures 4 and 5 contain the non-proprietary and proprietary versions, respectively, of the staffs safety evaluation (SE) related to the preceding actions. The non-proprietary version of the SE will be placed in the NRC public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System Library.

James J. Sheppard The Order has been forwarded to the Office of Federal Register for publication and the Notice of Issuance will be included in the Commission's next biweekly Federal Register notice following issuance of the amendments.

Sincerely,

/RA/

David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosures:

1. Order

2. Conforming Amendment to NPF-76

3. Conforming Amendment to NPF-80

4. Safety Evaluation (Non-proprietary)

5. Safety Evaluation (Proprietary) cc w/o encl 5: See next page

James J. Sheppard The Order has been forwarded to the Office of Federal Register for publication and the Notice of Issuance will be included in the Commission's next biweekly Federal Register notice following issuance of the amendments.

.

Sincerely,

/RA/

David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosures:

1. Order

2. Conforming Amendment to NPF-76

3. Conforming Amendment to NPF-80

4. Safety Evaluation (Non-proprietary)

5. Safety Evaluation (Proprietary) cc w/o encl 5: See next page DISTRIBUTION:

PUBLIC (w/o encl 5)

PDIV-1 r/f GHill (4)

RidsNrrOd (JDyer/BBorchardt)

RidsNrrAdpt (BSheron)

RidsNrrDlpm (TMarsh/JLyons)

RidsNrrDlpmLpdiv (HBerkow)

RidsNrrDlpmLpdiv1 (AHowe)

RidsNrrPMDJaffe RidsNrrLADBaxle y RidsNrrDripIrob (TBoyce)

RidsAcrsAcnwMailCenter RidsOgcRp RidsRgn4MailCenter (BJohnson)

RidsNrrDlpmDpr MDusaniwskyj Nonprop.SE ML050940458 SHom Pack. ML050830219 Order ML050830226 Prop.SE ML050830242 ACCESSION NO: ML050830149(Amend.) *No major changes to memo dated 2/16/05 OFFICE PDIV-1/PM PDIV-1/LA DRIP/RPRP* IROB OGC NAME DJaffe DBaxley AMcKeigney DTrimble BPoole(NLO)

DATE 3/21/05 3/18/05 2/16/05 3/10/05 3/18/05 OFFICE PDIV-1/SC PDIV/D DLPM/D NRR PDIV-1/PM NAME HBerkow for HBerkow LMarsh JDyer DJaffe AHowe DATE 3/25/05 3/25/05 3/28/05 OFFICIAL RECORD COPY

STP NUCLEAR OPERATING COMPANY DOCKET NO. 50-498 SOUTH TEXAS PROJECT, UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.

License No. NPF-76

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by STP Nuclear Operating Company* acting on behalf 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 October 21, 2004, as supplemented by letters dated December 13 and 22, 2004, and February 23 and March 1, 2005, 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, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment 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 common defense 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 the Commission'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 as indicated in the attachment to this license amendment.

3. The license amendment is effective as of its date of issuance and shall be implemented within 30 days from the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION J. E. Dyer, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to Facility Operating License NPF-76 Date of Issuance:

STP NUCLEAR OPERATING COMPANY DOCKET NO. 50-499 SOUTH TEXAS PROJECT, UNIT 2 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.

License No. NPF-80

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by STP Nuclear Operating Company* acting on behalf 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 October 21, 2004, as supplemented by letters dated December 13 and 22, 2004, and February 23 and March 1, 2005, 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, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment 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 common defense 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 the Commission'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 as indicated in the attachment to this license amendment.

3. The license amendment is effective as of its date of issuance and shall be implemented within 30 days from the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION J. E. Dyer, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to Facility Operating License NPF-80 Date of Issuance:

ATTACHMENT TO LICENSE AMENDMENT NOS. AND FACILITY OPERATING LICENSES NOS. NPF-76 AND NPF-80 DOCKET NOS. 50-498 AND 50-499 Replace the following pages of the Licenses with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

NPF-76 REMOVE INSERT 1 1 2 2 3 3 NPF-80 REMOVE INSERT 1 1 2 2 3 3

South Texas Project, Units 1 & 2 cc:

Senior Resident Inspector A. H. Gutterman, Esq.

U.S. Nuclear Regulatory Commission Morgan, Lewis & Bockius P. O. Box 910 1111 Pennsylvania Avenue, NW Bay City, TX 77414 Washington, DC 20004 C. Kirksey/C. M. Canady Mr. T. J. Jordan, Vice President City of Austin Engineering & Technical Services Electric Utility Department STP Nuclear Operating Company 721 Barton Springs Road P. O. Box 289 Austin, TX 78704 Wadsworth, TX 77483 Mr. J. J. Nesrsta S. M. Head, Manager, Licensing Mr. R. K. Temple STP Nuclear Operating Company City Public Service Board P. O. Box 289, Mail Code: N5014 P. O. Box 1771 Wadsworth, TX 77483 San Antonio, TX 78296 Environmental and Natural Resources Mr. C. A. Johnson/ R. P. Powers Policy Director AEP Texas Central Company P. O. Box 12428 P. O. Box 289 Austin, TX 78711-3189 Mail Code: N5022 Wadsworth, TX 77483 Jon C. Wood Cox Smith Matthews INPO 112 East Pecan, Suite 1800 Records Center San Antonio, TX 78205 700 Galleria Parkway Atlanta, GA 30339-3064 Director Division of Compliance & Inspection Regional Administrator, Region IV Bureau of Radiation Control U.S. Nuclear Regulatory Commission Texas Department of State Health Services 611 Ryan Plaza Drive, Suite 400 1100 West 49th Street Arlington, TX 76011 Austin, TX 78756 D. G. Tees/R. L. Balcom Brian Almon Texas Genco, LP Public Utility Commission P. O. Box 1700 William B. Travis Building Houston, TX 77251 P. O. Box 13326 1701 North Congress Avenue Judge, Matagorda County Austin, TX 78701-3326 Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 November 2004

South Texas Project, Units 1 & 2 Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109