ML24255A032

the Associated Independent Spent Fuel Storage Installation - Notice of Consideration of Approval of Direct Transfer of Licenses and Opportunity to Request a Hearing (EPID L-2024-LLM-0002) - Letter

ML24255A032
Person / Time
Site:	South Texas, 07201041
Issue date:	09/30/2024
From:	Byrd T Plant Licensing Branch IV
To:	Harshaw K South Texas
Byrd, Thomas
Shared Package
ML24255A037	List: ML24255A032 ML24255A034
References
EPID L-2024-LLM-0002, NRC-2024-0169
Download: ML24255A032 (3)

Text

September 30, 2024

Kym A. Harshaw Acting President, Chief Executive Officer, and Chief Nuclear Officer STP Nuclear Operating Company P.O. Box 289 Wadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 AND THE ASSOCIATED INDEPENDENT SPENT FUEL STORAGE INSTALLATION - NOTICE OF CONSIDERATION OF APPROVAL OF DIRECT TRANSFER OF LICENSES AND OPPORTUNITY TO REQUEST A HEARING (EPID L-2024-LLM-0002)

Dear Kym Harshaw:

Enclosed is a copy of the notice of consideration of approval of direct transfer of licenses and opportunity to request a hearing related to the application dated July 31, 2024 (Agencywide Documents Access and Management System Accession No. ML24213A084), filed by STP Nuclear Operating Company, acting on behalf of the City of San Antonio, Texas, acting by and through the City Public Service Board of San Antonio (CPS Energy) and Constellation South Texas, LLC (Constellation South Texas), pursuant to Title 10 of the Code of Federal Regulations Sections 50.80, and 72.50. The application seeks U.S. Nuclear Regulatory Commission (NRC) approval of the direct trans fer of a two percent ownership interest of Renewed Facility Operating License Nos. NPF-76 and NPF-80 for South Texas Project, Units 1 and 2, respectively, and the generally licensed independent spent fuel storage installation from Constellation South Texas to CPS Energy.

The NRC forwarded this notice to the Office of the Federal Register for Publication. If you have any questions, please contact me at 301-415-3719 or via email at Thomas.Byrd@nrc.gov.

Sincerely,

/RA/

Thomas J. Byrd, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-498, 50-499, and 72-1041

Enclosure:

Federal Register Notice

cc: Listserv ENCLOSURE

FEDERAL REGISTER NOTICE

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498, 50-499, and 72-1041; NRC-2024-0169]

STP Nuclear Operating Company;

South Texas Project, Units 1 and 2, and

the Associated Independent Spent Fuel Storage Installation;

Consideration of Approval of Direct Transfer of Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for direct transfer of licenses; opportunity to comment, request a

hearing, and petition for leave to intervene.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC, the Commission) received

and is considering approval of an application filed by STP Nuclear Operating Company

(STPNOC, the licensee), acting on behalf of the City of San Antonio, Texas, acting by

and through the City Public Service Board of San Antonio (CPS Energy), and

Constellation South Texas, LLC (Constellation South Texas) (collectively, the

applicants), on July 31, 2024. The application seeks NRC approval of the direct transfer

of a two percent ownership interest of Renewed Facility Operating License Nos. NPF-76

and NPF-80 for South Texas Project (STP), Units 1 and 2, and the associated

independent spent fuel storage installation facility (ISFSI) from Constellation South

Texas to CPS Energy.

DATES: Submit comments by [INSERT DATE 30 DAYS AFTER PUBLICATION IN

THE FEDERAL REGISTER]. A request for a hearing must be filed by [INSERT DATE

20 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: You may submit comments by any of the following methods; however,

the NRC encourages electronic comment submission through the Federal rulemaking

website:

Federal rulemaking website: Go to https://www.regulations.gov and search

for Docket ID NRC-2024-0169. Address questions about Docket IDs in Regulations.gov

to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For

technical questions, contact the individual listed in the For Further Information Contact

section of this document.

Email comments to: Hearing.Docket@nrc.gov. If you do not receive an

automatic email reply confirming receipt, then contact us at 301-415-1677.

Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at

301-415-1101.

Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland

20852, between 7:30 a.m. and 4:15 p.m. eastern time (ET) Federal workdays;

telephone: 301-415-1677.

For additional direction on obtaining information and submitting comments, see

Obtaining Information and Submitting Comments in the SUPPLEMENTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Thomas Byrd, Office of Nuclear Reactor

Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;

telephone: 301-415-3719; email: Thomas.Byrd@nrc.gov.

2 SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2024-0169 when contacting the NRC about the

availability of information for this action. You may obtain publicly available information

related to this action by any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2024-0169.

NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public

Documents collection at https://www.nr c.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems with ADAMS, please

contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at

301-415-4737, or by email to PDR.Resource@nrc.gov. The application for direct transfer

of the licenses dated July 31, 2024, is available in ADAMS under Accession No.

ML24213A084.

NRCs PDR: The PDR, where you may examine and order copies of publicly

available documents, is open by appointment. To make an appointment to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8 a.m. and 4 p.m. ET, Monday through Friday, except Federal holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the Federal

rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-

2024-0169 in your comment submission.

3 The NRC cautions you not to include identifying or contact information that you

do not want to be publicly disclosed in your comment submission. The NRC will post all

comment submissions at https://www.regulat ions.gov as well as enter the comment

submissions into ADAMS. The NRC does not routinely edit comment submissions to

remove identifying or contact information.

If you are requesting or aggregating comments from other persons for

submission to the NRC, then you should inform those persons not to include identifying

or contact information that they do not want to be publicly disclosed in their comment

submission. Your request should state that the NRC does not routinely edit comment

submissions to remove such information before making the comment submissions

available to the public or entering the comment into ADAMS.

II. Introduction

The NRC is considering the issuance of an order under sections 50.80 and 72.50

of title 10 of the Code of Federal Regulations (10 CFR) approving the direct transfer of a

two percent ownership interest of Renewed Facility Operating License Nos. NPF-76 and

NPF-80 for STP, Units 1 and 2, respectively, and its generally licensed ISFSI. The

application for approval filed by the applicants describes this transfer of a two percent

ownership interest from Constellation South Texas to CPS Energy. According to the

application, upon consummation of the transfer, Constellation South Texas and CPS

Energy will each hold a 42 percent interest in STP, Units 1 and 2. The transfer will not

change the role of STPNOC as the licensed operator for STP, Units 1 and 2.

No physical changes to the STP, Units 1 and 2, or operational changes are being

proposed in the application.

The NRCs regulations at 10 CFR 50.80 and 10 CFR 72.50 state that no license,

or any right thereunder, shall be transferred, directly or indirectly, through transfer of

4 control of the license, unless the Commission gives its consent in writing. The

Commission will approve an application for the direct transfer of a license if the

Commission determines that the proposed transferee is qualified to hold the license, and

that the transfer is otherwise consistent with applicable provisions of law, regulations,

and orders issued by the Commission.

III. Opportunity to Comment

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 should be submitted as described in the ADDRESSES section of this

document.

IV. Opportunity to Request a Hearing and Petition for Leave to Intervene

Within 20 days after the date of publication of this notice, any person (petitioner)

whose interest may be affected by this action may file a request for a hearing and

petition for leave to intervene (petition) with respect to the action. Petitions shall be filed

in accordance with the Commissions Agency Rules of Practice and Procedure in

10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the

presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be

issued.

Petitions must be filed no later than 20 days from the date of publication of this

notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)

section of this document. Petitions and motions for leave to file new or amended

contentions that are filed after the deadline will not be entertained absent a

5 determination by the presiding officer that the filing demonstrates good cause by

satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).

A State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof, may submit a petition to the Commission to participate as a

party under 10 CFR 2.309(h) no later than 20 days from the date of publication of this

notice. Alternatively, a State, local governmental body, Federally recognized Indian

Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

For information about filing a petition and about participation by a person not a

party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053

(https://adamswebsearch2.nrc.gov/webSear ch2/main.jsp?AccessionNumber=ML20340A

053) and on the NRCs public website at

https://www.nrc.gov/about-nrc/regulatory/ adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings, including documents filed

by an interested State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof that requests to participate under 10 CFR 2.315(c), must be

filed in accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing

method, as further discussed, is granted. Detailed guidance on electronic submissions is

located in the Guidance for Electronic S ubmissions to the NRC (ADAMS Accession

No. ML13031A056) and on the NRCs public websit e at https://www.nrc.gov/site-help/e-

submittals.html.

To comply with the procedural requirements of E-Filing, at least 10 days prior to

the filing deadline, the participant should contact the Office of the Secretary by email at

6 Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital

identification (ID) certificate, which allows the participant (or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Secretary that the participant

will be submitting a petition or other adjudicatory document (even in instances in which

the participant, or its counsel or representative, already holds an NRC-issued digital ID

certificate). Based upon this information, the Secretary will establish an electronic docket

for the proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is available on the NRCs

public website at https://www.nrc.gov/site-hel p/e-submittals/getting-started.html. After a

digital ID certificate is obtained and a docket created, the participant must submit

adjudicatory documents in Portable Document Format. Guidance on submissions is

available on the NRCs public website at http s://www.nrc.gov/site-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the document is submitted through

the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the

E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a

transmission, the E-Filing system time-stamps the document and sends the submitter an

email confirming receipt of the document. The E-Filing system also distributes an email

that provides access to the document to the NRCs 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 document on those participants

separately. Therefore, applicants and other participants (or their counsel or

representative) must apply for and receive a digital ID certificate before adjudicatory

documents are filed to obtain access to the documents via the E-Filing system.

7 A person filing electronically using the NRCs adjudicatory E-Filing system may

seek assistance by contacting the NRCs Electronic Filing Help Desk through the

Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-

submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at

1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and

6 p.m., ET, Monday through Friday, except Federal holidays.

Participants who believe that they have 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 stating why there is good cause for not filing electronically and

requesting authorization to continue to submit documents in paper format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing

adjudicatory documents in this manner are responsible for serving their documents on all

other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must

still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the

participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs

electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the presiding officer. If you do not have an

NRC-issued digital ID certificate as previ ously described, click cancel when the link

requests certificates and you will be autom atically directed to the NRCs electronic

hearing docket where you will be able to a ccess any publicly available documents in a

particular hearing docket. Participants are requested not to include personal privacy

information such as social security numbers, home addresses, or personal 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

8 serve the purpose of the adjudicatory filings and would constitute a Fair Use application,

participants should not include copyrighted materials in their submission.

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.

For further details with respect to this application, see the application dated

July 31, 2024.

Dated: September 30, 2024.

For the Nuclear Regulatory Commission.

/RA/

Thomas Byrd, Project Manager, Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

9

ML24255A037 (Package)

ML24255A032 (Letter)

ML24255A034 (FRN) *concurrence via email OFFICE NRR/DORL/LPL4/PM* NRR/DORL/LPL4/LA* OGC*

NAME TByrd PBlechman AGnosh-Naber DATE 9/10/2024 9/11/2024 9/24/2024 OFFICE NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM*

NAME JRankin (JDrake for) TByrd DATE 09/26/2024 09/30/2024