[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Pages 32685-32686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2929]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-445 and 50-446]


TXU Generation Company LP Comanche Peak Steam Electric Station, 
Units 1 and 2; Notice of Consideration of Approval of Application 
Regarding Proposed Indirect Transfer of Control of Facility Operating 
Licenses and Conforming License Amendments, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
indirect transfer of the Facility Operating Licenses numbered NPF-87 
and NPF-89, for the Comanche Peak Steam Electric Station, Units 1 and 2 
(CPSES) currently held by TXU Generation Company LP, as owner and 
licensed operator of CPSES. The Commission is also considering amending 
the licenses for administrative purposes to reflect a proposed name 
change.
    According to an application for approval filed by TXU Generation 
Company LP, acting on behalf of itself and Texas Energy Future Holdings 
Limited Partnership (Texas Energy LP), the applicants are requesting 
consent to indirect transfer of control of TXU Generation Company LP's 
operating licences for CPSES, in connection with the acquisition of TXU 
Corporation by Texas Energy LP. TXU Corporation is the indirect owner 
of TXU Generation Company LP.
    No physical changes to the CPSES facility or operational changes 
are being proposed in the application.
    In connection with the indirect change of control, and the plans of 
Texas Energy LP to clarify the distinctions between TXU Corporation's 
state-regulated transmission and distribution business and its other 
businesses, TXU Generation Company LP will be converted to a limited 
liability company and renamed Luminant Generation Company LLC. 
Therefore, TXU Generation Company LP has requested proposed conforming 
amendments to Facility Operating License Nos. NPF-87 and NPF-89 that 
would replace references to TXU Generation Company LP in the license 
with references to Luminant Generation Company LLC.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The

[[Page 32686]]

Commission will approve an application for the indirect transfer of a 
license, if the Commission determines that the proposed acquisition 
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.
    Before issuance of the proposed conforming license amendments, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    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 whose interest may be affected by the Commission's action on the 
application may request a hearing and, if not the applicant, may 
petition for leave to intervene in a hearing proceeding on the 
Commission's action. 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 ``Rules 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).
    Requests for a hearing and petitions for leave to intervene should 
be served upon counsel for TXU Generation Company LP, Mr. Timothy 
Matthews at Morgan, Lewis & Bockius, LLP, 1111 Pennsylvania Avenue, 
NW., Washington, DC 20004 (tel: 202-739-5527, fax: 202-793-3001, e-
mail: <a href="/cdn-cgi/l/email-protection#cdb9a0acb9b9a5a8babe8da0a2bfaaaca3a1a8baa4bee3aea2a0"><span class="__cf_email__" data-cfemail="3541585441415d50424675585a4752545b5950425c461b565a58">[email protected]</span></a>), and counsel for Texas Energy LP, Dr. 
Richard A. Meserve at Covington & Burling LLP, 1201 Pennsylvania Ave. 
NW., Washington, DC 20004 (tel: 202-662-5304, fax: 202-662-5304, fax: 
202-778-5304, e-mail: <a href="/cdn-cgi/l/email-protection#e1938c849284939784a1828e97cf828e8c"><span class="__cf_email__" data-cfemail="9deff0f8eef8efebf8ddfef2ebb3fef2f0">[email protected]</span></a>); the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail 
address for filings regarding license transfer cases only: 
<a href="/cdn-cgi/l/email-protection#1e51595d524a5e504c5d30797168"><span class="__cf_email__" data-cfemail="09464e4a455d49475b4a276e667f">[email protected]</span></a>); and the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 
and 2.305.
    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.
    As an alternative to requests for hearing and petitions to 
intervene, 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 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.
    For further details with respect to this action, see the 
application dated April 18, 2007, 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 
<a href="/cdn-cgi/l/email-protection#0e7e6a7c4e607c6d20696178"><span class="__cf_email__" data-cfemail="39495d4b79574b5a175e564f">[email protected]</span></a>.

    Dated at Rockville, Maryland this 7th day of June, 2007.

    For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 07-2929 Filed 6-12-07; 8:45 am]
BILLING CODE 7590-01-P


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