ML24127A138
| ML24127A138 | |
| Person / Time | |
|---|---|
| Site: | South Texas, 07201041  |
| Issue date: | 05/06/2024 |
| From: | Ballard D, Morgan A City of Austin, TX, Assistant City Attorney |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| RAS 57007, 50-498-LT, 50-499-LT, 72-1031-LT | |
| Download: ML24127A138 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE COMMISSION
)
)
In the matter of: ) Docket Nos. STN 50- 498- LT
) STN 499- LT South Texas Project Units 1 and 2 ) 72- 1041- LT
)
)
)
NOTICE OF WITHDRAWAL OF MOTION AND PETITION TO INTERVENE OF THE CITY OF AUSTIN, TEXAS, D/B/A AUSTIN ENERGY
The City of Austin, Texas, d/b/a Austin Energy (Austin) hereby withdraws its Motion
to Dismiss License Transfer Application, Immediately Stay NRC Proceedings, and Petition to
Intervene, which Austin jointly filed with The City of San Antonio,Texas, acting by and through
the City Public Service Board of San Antonio (CPS Energy), a Texas municipally- owned utility,
on July 31, 2023 (ADAMS Accession No. ML23212B248) (Motion and Petition) and
supplemented on August 14, 2023 (ADAMS Accession No. ML23226A268) (Supplemental
Contention). Austin understands that CPS Energy is filing a similar notice of withdrawal
contemporaneously with this filing.
The basis for this Notice of Withdrawal is as follows:
Application for Order Approving Indirect Transfer of Control of Licenses (ADAMS Accession
No. ML23163A176) (Application) requesting approval to transfer NRG South Texas LPs
(NRG) ownership interest in South Texas Project Electric Generating Station (STP) to
Constellation EnergyGeneration, LLC (Constellation) (STPNOC, Constellation, NRG, and
1 NRCs parent companies are collectively referred to herein as Applicants). On July 31, 2023,
Austin and CPS Energy filed the Motion and Petition challenging the Application and
supplemented it with the Supplemental Contention on August 14, 2023.
- 2. On October 30, 2023, NRC staff issued an order approving the Application and
authorizing Applicants to transfer the STP licenses, subject to the Commissions authority to
resolve Austins and CPS Energys pending filings (ADAMS Accession No. ML23279A038). On
November 1, 2023, Constellation and NRG closed the underlying transaction, and NRC staff
issued conforming amendments reflecting the indirect transfer of the STP licenses to
Constellation (ADAMS Accession No. ML23298A000).
- 3. On May 2 , 2024 Austin entered into a settlement agreement with Constellation
and NRG that resolves, among other things, Austins challenges to the transfer of STP ownership
to Constellation. Austin has agreed to withdraw all NRC filings challenging the Application and
the underlying transaction. Accordingly, Austin hereby gives notice that it withdraws the Motion
and Petition and the Supplemental Contention.
Austin has coordinated with counsel for CPS Energy and understands that CPS Energy
intends to file a similar notice of withdrawal dated the same day as this Notice. Accordingly,
Austin understands that there is no longer any active challenge to the Application pending before
the Commission.
2 RESPECTFULLY SUBMITTED,
ANNE L. MORGAN, CITY ATTORNEY
/s/ Don Ballard DON BALLARD Assistant City Attorney City of Austin-Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-2691 Facsimile: (512) 974-1311 don.ballard@austintexas.gov
May 6, 2024
3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE COMMISSION
)
)
In the matter of: ) Docket Nos. STN 50-498-LT
) STN-50-499-LT South Texas Project Units 1 and 2 )72-1041-LT
)
)
)
CERTIFICATE O F S ERVICE
I hereby certify that the foregoing Notice of Withdrawal of Motion and Petition To Intervene has been served through the E-Filing system on the participants in the above-captioned proceeding this 6 day of May 2024.
/s/ Don Ballard DON BALLARD Assistant City Attorney City of Austin-Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-2691 Facsimile: (512) 974-1311 don.ballard@austintexas.gov
[certificate of service]