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

This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov. The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov. The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts. Notice Enter a search term or FR citation e.g. 88 FR 38230 FR 78782024-13208USDA09/05/24RULE0503-AA39SORN Choosing an item from full text search results will bring you to those results. Pressing enter in the search box will also bring you to search results. Choosing an item from suggestions will bring you directly to the content. In the Matter of STP Nuclear Operating Company; South Texas Project, Units 1 and 2 and the Associated Independent Spent Fuel Storage Installation; Second Extension of Direct Transfer of License The extension order was issued on June 9, 2026, and was effective upon issuance. Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect. This PDF is FR Doc. 2026-12287 as it appeared on Public Inspection on 06/17/2026 at 8:45 am. It was viewed 2 times while on Public Inspection. If you are using public inspection listings for legal research, you should verify the contents of the documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice of publication to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507. Learn more here. Published Document: 2026-12287 (91 FR 36887) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. AGENCY: Nuclear Regulatory Commission. ACTION: Order; issuance. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an order to extend, until December 11, 2026, the effectiveness of a December 11, 2024, order, which approved the direct transfer of a two percent ownership interest in 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, LLC to the City Public Service Board of San Antonio (CPS Energy). DATES: The extension order was issued on June 9, 2026, and was effective upon issuance. 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 Bridget Curran; telephone: 301-415-1003; email: Bridget.Curran@nrc.gov. For technical questions, contact the individual(s) 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 “Begin ADAMS Public 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 PDR.Resource@nrc.gov. The application for extending the direct transfer order is available in ADAMS under Accession No. ML26134A361. The order extending the approval of the direct transfer of licenses is available in ADAMS under Accession No. ML26149A496. 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 PDR.Resource@nrc.gov 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: Thomas.Byrd@nrc.gov. Project Manager, Operating Reactor Licensing Branch 2, Division of Licensing Project I, 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) Docket Nos. 50-498. 50-499, and 72-1041 the Associated Independent Spent Fuel Storage Installation) Renewed License Nos. NPF-76 and NPF-80 Second Extension of 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. Code of Federal Regulations (10 CFR) Section 50.80, “Transfer of licenses,” and 10 CFR 72.50, “Transfer of license.” 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. By its terms, the Transfer Order becomes null and void if the transfer is not completed within one year ( i.e., by December 11, 2025); provided, however, that upon written application and for good cause shown, such date may be extended by order. By Order dated November 26, 2025 (ML25328A155), the NRC granted a six-month extension until June 11, 2026, to allow additional time to complete the remaining conditions to closing. III. By letter dated May 14, 2026 (ML26134A361), STPNOC, acting on behalf of CPS Energy and Constellation South Texas (collectively, the Applicants), requested that the NRC extend by an additional 6 months, until December 11, 2026, its prior approval of the direct transfer of a 2 percent ownership interest of Renewed Facility Operating License Nos. NPF-76 and NFP-80 for South Texas Project, Units 1 and 2 and the general license for the STP Independent Spent Fuel Storage Installation between two of its existing owner-from Constellation South Texas, LLC to CPS Energy. As stated in the application, the requested second extension is due to STPNOC continuing to work to obtain a private letter ruling (PLR) or other binding guidance from the Internal Revenue Service (IRS) addressing the tax treatment of the nuclear decommissioning trust funds—which are qualified funds under Section ( printed page 36888) 468A of the Internal Revenue Code—following the transfer of funds from Constellation South Texas to CPS Energy described in the Application. The Applicants stated that they are diligently working with the IRS to obtain a closing agreement that will clarify the tax treatment and allow the transaction to close. Additionally, the Applicants stated that the extension request does not change the scope of the initial Application, and there have been no material changes in the conditions upon which the NRC relied in issuing the Transfer Order and accompanying safety evaluation. Based on the above, the NRC staff has determined that the Applicants have shown good cause for extending the effectiveness of the Transfer Order from June 11, 2026 to December 11, 2026. IV. 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 effectiveness of the Transfer Order dated December 11, 2025, is extended until December 11, 2026. 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 by December 11, 2026, 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 December 11, 2024 (ML24319A034). 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 pdr.resource@nrc.gov. Dated: June 9, 2026 For the Nuclear Regulatory Commission. /RA/ Aida Rivera-Varona, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation