Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 32967 

For the Nuclear Regulatory Commission. 

Peter Bamford, 

Project Manager, Plant Licensing Branch I– 

2, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–16246 Filed 7–8–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–498 and 50–499; NRC– 

2009–0296] 

Exelon Corporation and NRG Energy, 

Inc.; South Texas Project, Units 1 and 

2; Notice of Consideration of Approval 

of Application Regarding Proposed 

Merger of NRG Energy, Inc. and Exelon 

Corporation, and Indirect Transfers of 

NRG South Texas LP’s Facility 

Operating Licenses, and Opportunity 

for a Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission, NRC) is 

considering the issuance of an order 

under Title 10 of the Code of Federal 

Regulations (10 CFR) Section 50.80 

approving the indirect transfer of 

control of the Facility Operating 

Licenses, which are numbered NPF–76 

and NPF–80, for the South Texas Project 

(STP), Units 1 and 2, respectively, to the 

extent held by NRG South Texas LP 

(NRG South Texas). 

According to an application for 

approval filed by Exelon Corporation 

(Exelon), acting on behalf of itself, 

Exelon Xchange Corporation (Xchange 

Corp.), Exelon Ventures Company, LLC 

(Exelon Ventures), and Exelon 

Generation Company, LLC (Exelon 

Generation) (together, the applicants), 

Exelon Corporation is planning to merge 

with NRG Energy, Inc., which is the 

ultimate parent company of NRG South 

Texas. The applicants requested that the 

NRC consent to the indirect transfer of 

control of the STP, Units 1 and 2, 

licenses, to the extent owned by NRG 

South Texas, that would result from this 

merger. NRG South Texas owns 44 

percent of the STP, Units 1 and 2. The 

City Public Service Board of San 

Antonio and City of Austin, Texas, own, 

respectively 40 percent and 16 percent 

of STP, Units 1 and 2, but are not 

involved in the proposed merger. 

In addition to NRG South Texas’ 44 

percent undivided ownership interest in 

STP, Units 1 and 2, NRG South Texas 

holds a corresponding interest in STP 

Nuclear Operating Company (STPNOC), 

a not-for-profit Texas corporation, 

which is the licensed operator of STP, 

Units 1 and 2. Thus, the indirect 

transfer of control of NRG South Texas 

would also result in the indirect transfer 

of control of this interest in STPNOC. 

The applicants state that this is not a 

controlling interest in STPNOC and, 

therefore, there will be no indirect 

transfer of STPNOC’s licenses to operate 

on behalf of the owners. The applicants 

indicate that if the NRC concludes that 

indirect transfer of control of NRG 

South Texas’ interest in STPNOC 

requires prior NRC consent, it requests 

such consent. 

No physical changes to STP, Units 1 

and 2, or operational changes are being 

proposed in the application. 

Pursuant to 10 CFR 50.80, no license, 

or any right thereunder, shall be 

transferred, directly or indirectly, 

through transfer of control of the 

licenses, unless the Commission shall 

give its consent in writing. The 

Commission will approve an 

application for the indirect transfer of a 

license, if the Commission determines 

that the proposed transaction effecting 

the indirect transfer 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. In 

this instance, Exelon asserts that the 

proposed indirect transfer will not 

result in any change in the licensee’s 

financial qualifications or operating 

organization. 

The Commission is reviewing the 

application and has not made any 

decision regarding the outcome of its 

review. 

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(s) 

whose interest may be affected by the 

Commission’s action on the application 

may request a hearing and intervention 

via electronic submission through the 

NRC E-filing system. 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). 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated in August 

28, 2007 (72 FR 49139). 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. 

Participants may not submit paper 

copies of their filings unless they seek 

an exemption in accordance with the 

procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

petitioner/requestor should contact the 

Office of the Secretary by e-mail at 

hearing.docket@nrc.gov, or by calling 

(301) 415–1677, to request (1) a digital 

ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. Submissions should be in 

Portable Document Format (PDF) in 

accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 


rmajette on DSK29S0YB1 with NOTICES
32968 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC 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 documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

toll-free help line number is 1–866– 

672–7640.or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a 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 requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville, Pike, Rockville, 

Maryland 20852, Attention: Rulemaking 

and Adjudications Staff. Participants 

filing a document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/ehd_proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home 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 serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submissions. 

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. 

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 

are not subject to the e-filing rule and 

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. Comments may also be sent by 

e-mail to hearing.docket@nrc.gov. 

For further details with respect to this 

license transfer application, see the 

application dated January 29, 2009, as 

supplemented by letter dated March 18, 

2009, 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 pdr.resource@nrc.gov. 

Attorney for applicants: Mr. J. Bradley 

Fewell, Associate General Counsel, 

Counsel for Exelon Nuclear, 4300 

Winfield Road, Warrenville, IL 60555. 

Attorney for NRG Energy, Inc.: Mr. 

Daniel F. Stenger, Partner, Hogan & 

Hartson, LLP, 555 Thirteenth Street, 

NW., Washington, DC 20004. 

Dated at Rockville, Maryland, this 1st day 

of July 2009. 

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. E9–16248 Filed 7–8–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–254 AND 50–265; NRC– 

2009–0294] 

Exelon Generation Company, LLC, 

Quad Cities Nuclear Power Station, 

Units 1 and 2; Notice of Consideration 

of Approval of an Application for 

Indirect License Transfer Resulting 

From the Proposed Merger Between 

Exelon Corporation and NRG Energy, 

Inc., and Opportunity for a Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering the issuance of an order 

under Title 10 of the Code of Federal 

Regulations (10 CFR), Section 50.80, 

approving the indirect transfer of 

Renewed Facility Operating Licenses, 

which are numbered DPR–29 and DPR– 

30, for the Quad Cities Nuclear Power 

Station, Units 1 and 2 (QCNPS), 

including its associated independent 

spent fuel storage installation, currently 

held by Exelon Generation Company, 

LLC (EGC). EGC is the owner and 

licensed operator of QCNPS. EGC is a 

wholly owned subsidiary of Exelon 

Corporation (Exelon). 

According to an application for 

approval filed by Exelon, acting on 

behalf of itself, Exelon Xchange 

Corporation, Exelon Ventures Company, 

LLC, and EGC (together, the applicants), 

Exelon is considering a merger with 

NRG Energy Inc. (NRG Energy), with 

NRG Energy as the surviving entity. The 

applicants request that the NRC consent 

to the indirect transfer to NRG Energy of 

control of the QCNPS licenses, to the 

extent held by EGC. EGC owns 75 

percent of QCNPS. MidAmerican 

Energy Company, which owns the 

remaining 25 percent of QCNPS, is not 

involved in the merger. 


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