[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Notices]
[Pages 49044-49045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19073]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-528, 50-529, and 50-530]


Arizona Public Service Company, Palo Verde Nuclear Generating 
Station, Units 1, 2, and 3; Notice of Consideration of Approval of 
Transfer of Facility Operating Licenses and Conforming 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 
transfer of Facility Operating Licenses Nos. NPF-41, NPF-51, and NPF-74 
for the Palo Verde Nuclear Generating Station, Units 1, 2, and 3 (Palo 
Verde) to the extent held by Arizona Public Service Company (APS), as a 
co-owner (29.1 percent interest) and the licensed operator of Palo 
Verde. The transfer would be to Pinnacle West Energy Corporation (PWE). 
The Commission is also considering amending the licenses, including the 
antitrust conditions attached thereto, for administrative purposes to 
reflect the proposed transfer.
    According to an application for approval filed by APS, PWE would 
acquire APS's current 29.1 percent ownership interest in Palo Verde and 
become responsible for the operation and maintenance of Palo Verde, 
following approval of the proposed license transfers. The remaining 
70.9 percent ownership interest in Palo Verde would remain with the 
following six other current licensees of Palo Verde: Salt River Project 
Agriculture Improvement and Power District (17.49 percent interest), El 
Paso Electric Company (15.80 percent interest), Southern California 
Edison Company (15.80 percent interest), Public Service Company of New 
Mexico (10.20 percent interest), Southern California Public Power 
Authority (5.91 percent interest), and Los Angeles Department of Water 
and Power (5.70 percent interest). No physical or operational changes 
to Palo Verde are being proposed in the application. The present plant 
organization, the oversight organizations, and the engineering and 
support organizations will be transferred from APS to PWE essentially 
intact.
    The proposed amendments would generally replace references to APS 
in the licenses, including the antitrust conditions attached thereto, 
with references to PWE to reflect the proposed transfer.
    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 Commission will approve an application for the transfer of 
a license, if the Commission determines that the proposed transferee is 
qualified 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

[[Page 49045]]

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.
    By August 19, 2002, 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 M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR Part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), 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 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Jay M. Gutierrez, Esq., Morgan, Lewis & Bockius, LLP, 
1111 Pennsylvania Avenue, NW., Washington, D.C. 20004; Nancy C. Loftin, 
Esq., Corporate Secretary and Counsel, Arizona Public Service Company, 
P.O. Box 53999, Mail Station 9068, Phoenix, Arizona 85072-3999; the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555 (e-mail address for filings regarding license transfer cases 
only: [email protected]); 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 2.1313.
    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, by August 28, 2002, 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 15, 2002, and supplement thereto dated July 11, 
2002, available for public inspection at the Commission's Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland. Publicly available records 
will be accessible electronically from the Agencywide Documents Access 
and Management Systems (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, 301-415-4737, or by e-
mail to [email protected].

    Dated at Rockville, Maryland this 23rd day of July 2002.

    For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Section 2, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-19073 Filed 7-26-02; 8:45 am]
BILLING CODE 7590-01-P