[Federal Register: December 15, 1999 (Volume 64, Number 240)]
[Notices]               
[Page 70071-70072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de99-97]                         

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498 and 50-499]

 
Houston Lighting and Power Company City Public Service Board of 
San Antonio Central Power and Light Company City of Austin, Texas STP 
Nuclear Operating Company (South Texas Project, Units 1 and 2); Order 
Extending the Effectiveness of the Approval of the Indirect Transfer of 
Licenses (Merger of Central and South West Corporation and American 
Electric Power Company)

I.

    By Order dated November 5, 1998, the Nuclear Regulatory Commission 
(the Commission) approved the indirect transfer of Facility Operating 
Licenses Nos. NPF-76 and NPF-80 to the extent such would be effected by 
the proposed corporate merger of Central and South West Corporation 
(CSW) and American Electric Power Company, Inc. (AEP). CSW is the 
parent holding company of Central Power and Light Company (CPL), one of 
the holders of the licenses. The approval was given in response to an 
application filed by CPL dated June 16, 1998, as supplemented, for 
consent of the NRC under 10 CFR 50.80. By its terms, the Order of 
November 5, 1998, becomes null and void if the merger is not completed 
by December 31, 1999, unless upon application and for good cause shown, 
such date is extended by the Commission.

II.

    By letter dated October 25, 1999, CPL and AEP, through counsel, 
submitted a request for an extension of the effectiveness of the Order 
of November 5, 1998, such that it would remain effective until June 30, 
2000. According to the submittal, because of unavoidable delays in 
securing all regulatory approvals, the merger between AEP and CSW will 
not close prior to December 31, 1999. The request further asserts that, 
notwithstanding the best efforts of AEP and CSW to provide complete and 
timely information, the Federal Energy Regulatory Commission (FERC) has 
not completed its review of the pending merger application before it 
and has not granted the necessary approvals required for consummation 
of the merger. FERC has issued an order in which it states that a final 
decision should be issued no later than March 2000.
    According to their submittal, CSW and AEP have been diligent in 
seeking to obtain all required regulatory approvals from Federal and 
State

[[Page 70072]]

agencies. The merger has received conditional approval by State 
regulatory commissions in Arkansas and Louisiana, and approval in 
Oklahoma. Also, an administrative law judge, who conducted hearings in 
proceedings held by the Public Utility Commission of Texas (PUCT), 
recommended approval of the pending merger after AEP, CSW, the PUCT 
staff, and other parties reached a stipulated settlement. In addition, 
AEP and CSW have announced settlement agreements with the Indiana 
Utility Regulatory Commission, with the Missouri Public Service 
Commission, and with parties in Kentucky (approved by the Kentucky 
Public Service Commission).
    CPL and AEP state that they have reviewed the original application 
for NRC approval of the indirect license transfers and the information 
relied upon by the NRC as reflected in the safety evaluation, dated 
November 5, 1998, and that there has been no material change in the 
information presented in the original application and relied upon by 
the NRC staff.
    The staff has considered the foregoing request of October 25, 1999, 
and has determined that good cause has been shown to extend the 
effectiveness of the Order of November 5, 1998, as requested.

III.

    Accordingly, pursuant to Sections 161b and 161i of the Atomic 
Energy Act of 1954, as amended, 42 U.S.C. Secs. 2201(b) and 2201(i), It 
is hereby ordered that the effectiveness of the Order of November 5, 
1998, described herein is extended such that if the subject merger is 
not consummated by June 30, 2000, the Order of November 5, 1998, shall 
become null and void, unless upon application and for good cause shown, 
such date is further extended.
    This Order is effective upon issuance.
    For further details with respect to this action, see the request by 
CPL and AEP dated October 25, 1999, submitted by John O'Neill, Esq., 
Shaw Pittman (Counsel Jointly for CPL and AEP), which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555-0001.

    Dated at Rockville, Maryland, this 7th day of December 1999.

    For the Nuclear Regulatory Commission.

Roy P. Zimmerman,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-32490 Filed 12-14-99; 8:45 am]
BILLING CODE 7590-01-P