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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106610-106611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30973]

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NUCLEAR REGULATORY COMMISSION

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

In the Matter of STP Nuclear Operating Company; South Texas 
Project, Units 1 and 2 and the Associated Independent Spent Fuel 
Storage Installation; Direct Transfer of License

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the application dated July 31, 2024, 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. Specifically, 
the order approves the direct transfer 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 its generally 
licensed independent spent fuel storage installation from Constellation 
South Texas, LLC to CPS Energy.

DATES: The order was issued on December 11, 2024, and is effective for 
1 year.

ADDRESSES: Please refer to Docket ID NRC-2024-0169 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     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: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select

[[Page 106611]]

``Begin Web-based ADAMS Search.'' For problems with ADAMS, please 
contact the NRC's Public Document Room (PDR) reference staff at 1-800-
397-4209, at 301-415-4737, or by email to [email protected]. The 
order and safety evaluation supporting the order are available in ADAMS 
under Package Accession No. ML24319A032.
     NRC's 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 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

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: [email protected].

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: December 20, 2024.

    For the Nuclear Regulatory Commission.
Thomas J. Byrd,
Project Manager, Licensing Branch 4, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation.

Attachment--Order Approving the Direct Transfer of License

United States of America

Nuclear Regulatory Commission

In the Matter of: STP Nuclear Operating Company, (South Texas Project, 
Units 1 and 2 and 72-1041 the Associated Independent Spent Fuel Storage 
Installation), Docket Nos. 50-498. 50-499, and, Renewed License Nos. 
NPF-76 and NPF-80

Order Approving Direct Transfer of License

I.

    STP Nuclear Operating Company (STPNOC) is the licensed operator, 
and the City of San Antonio, Texas, acting by and through the City 
Public Service Board of San Antonio (CPS Energy), Constellation South 
Texas, LLC (Constellation South Texas), and the City of Austin, Texas, 
are the licensed owners for Renewed Facility Operating License Nos. 
NPF-76 and NPF-80 and the general license for the 
independent spent fuel storage installation (ISFSI) (collectively, the 
licenses), which authorize the possession, use, and operation of South 
Texas Project, (STP), Units 1 and 2 and the STP ISFSI, respectively 
(the facilities). The facilities are located in Matagorda County, 
Texas.

II.

    Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 
Section 50.80, ``Transfer of licenses,'' and 10 CFR 72.50, ``Transfer 
of license,'' and by letter dated July 31, 2024 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML24213A084), 
STPNOC, acting on behalf of Constellation South Texas, and CPS Energy 
(collectively, the ``Applicants''), requested that the U.S. Nuclear 
Regulatory Commission (NRC, the Commission) consent to the transfer of 
a 2 percent ownership interest of STP, Units 1 and 2 and its generally 
licensed ISFSI from Constellation South Texas to CPS Energy. Currently, 
Constellation South Texas holds a 44 percent ownership interest in the 
facilities, while CPS Energy holds a 40 percent ownership interest in 
the facilities. Upon completion of the proposed direct transfer, 
Constellation South Texas and CPS Energy would each hold a 42 percent 
ownership in the facilities. The proposed direct transfer does not 
involve the City of Austin's 16 percent ownership interest in the 
facilities.
    On October 4, 2024, the NRC published a notice of consideration of 
approval of the application in the Federal Register (89 FR 80965). This 
notice provided an opportunity to comment, request a hearing, and 
petition for leave to intervene on the application. The NRC did not 
receive any written comments or hearing requests in response to the 
notice.
    Pursuant to 10 CFR 50.80, no license for a utilization facility, or 
any right thereunder, shall be transferred, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control of 
the license to any person, unless the Commission gives its consent in 
writing. Pursuant to 10 CFR 72.50, no license or any part included in a 
license issued under 10 CFR part 72 for an ISFSI shall be transferred, 
assigned, or in any manner disposed of, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control of 
the license to any person, unless the Commission gives its consent in 
writing. Upon review of the information in the application, and other 
information before the Commission, and relying upon the representations 
contained in the application, the NRC staff has determined that the 
Applicants are qualified to hold the licenses, to the extent described 
in the application, and that the transfer of the licenses is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission pursuant thereto, subject to the condition set 
forth below.
    The findings set forth above are supported by an NRC staff safety 
evaluation dated the same date as this order, which is available at 
Agencywide Documents Access and Management System (ADAMS) Accession No. 
ML24319A034.

III.

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the 
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), 
2201(o), and 2234; and 10 CFR 50.80 and 10 CFR 72.50, it is hereby 
ordered that that the application regarding the proposed direct license 
transfer is approved for STP, Units 1 and 2, and the ISFSI.
    It is ordered that after receipt of all required regulatory 
approvals of the proposed transaction, the Applicants shall inform the 
Director of the Office of Nuclear Reactor Regulation in writing of such 
receipt no later than 5 business days prior to the planned closing of 
the proposed transaction. Should the proposed transaction not be 
completed within 1 year of the date of this order, this order shall 
become null and void, provided, however, that upon written application 
to the Director of the Office of Nuclear Reactor Regulation and for 
good cause shown, such date may be extended by order. The condition of 
this order may be amended upon application by the Applicants and 
approval by the NRC.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the application 
dated July 31, 2024, and the associated NRC safety evaluation dated the 
same date as this order. Publicly available documents created or 
received at the NRC are accessible electronically through ADAMS in the 
NRC Library at 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 Public Document Room 
reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by 
email to [email protected].

    For the Nuclear Regulatory Commission

/RA/
Aida Rivera-Varona, Deputy Director
Division of Operating Reactor Licensing Office of Nuclear Reactor 
Regulation

    Dated: December 11, 2024

[FR Doc. 2024-30973 Filed 12-27-24; 8:45 am]
BILLING CODE 7590-01-P
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