[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16675-16676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05592]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-528, STN 50-529, STN 50-530, and 72-44; NRC-2021-
0031]
In the Matter of Arizona Public Service Company and Public
Service Company of New Mexico; Palo Verde Nuclear Generating Station,
Units 1, 2, and 3, and Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Indirect transfer of licenses; extending effectiveness of
order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order to extend until May 25, 2024, the effectiveness of a May 25,
2021, order, which approved the indirect transfer of Public Service
Company of New Mexico's interests in Renewed Facility Operating License
Nos. NPF-41, NPF-51, and NPF-74 for the Palo Verde Nuclear Generating
Station (Palo Verde), Units 1, 2, and 3, respectively, and the
associated general license for the Palo Verde independent spent fuel
storage installation to Avangrid, Inc.
DATES: The order was issued on March 14, 2023, and was effective upon
issuance.
ADDRESSES: Please refer to Docket ID NRC-2021-0031 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-2021-0031. 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 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 Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The written application for extending
the effectiveness of the indirect transfer order is available in ADAMS
under Accession No. ML23041A441. The order extending the effectiveness
of the approval of the indirect transfer of licenses is available in
ADAMS under Accession No. ML23045A355.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 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, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Dennis J. Galvin, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-6256, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated: March 15, 2023.
For the Nuclear Regulatory Commission.
Dennis J. Galvin,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Extending the Effectiveness of the Approval of the
Indirect Transfer of Licenses
United States of America
Nuclear Regulatory Commission
In the Matter of: Arizona Public Service Company, Public Service
Company of New Mexico, Palo Verde Nuclear Generating Station, Units 1,
2, 3, and Independent Spent Fuel Storage Installation.
Docket Nos.: STN 50-528, STN 50-529, STN 50-530, and 72-44
License Nos.: NPF-41, NPF-51, and NPF-74
Order Extending the Effectiveness of the Approval of the Indirect
Transfer of Licenses
I
Arizona Public Service Company (APS) is the licensed operator and a
licensed co-owner of Renewed Facility Operating License Nos. NPF-41,
NPF-51, and NPF-74 for the Palo Verde Nuclear Generating Station (Palo
Verde), Units 1, 2, and 3, respectively, and the associated general
license for the Palo Verde independent spent fuel storage installation
(the licenses). Palo Verde is located in Maricopa County, Arizona. The
other licensed co-owners (tenants-in-common), Salt River Project
Agricultural Improvement and Power District; Southern California Edison
Company; El Paso Electric Company;
[[Page 16676]]
Public Service Company of New Mexico (PNM); Southern California Public
Power Authority; and Los Angeles Department of Water and Power, hold
possession-only rights for the licenses (i.e., they are not licensed to
operate the facility).
II
By application dated December 2, 2020 (Agencywide Documents Access
and Management System (ADAMS) Accession No. ML20337A344), as
supplemented by letters dated February 26, 2021, and May 14, 2021
(ML21061A156 and ML21134A244, respectively), APS, on behalf of PNM,
Avangrid, Inc. (Avangrid), and their corporate affiliates (together,
the applicants), requested, pursuant to Section 184 of the Atomic
Energy Act of 1954, as amended, and Title 10 of the Code of Federal
Regulations (10 CFR) Sections 50.80, ``Transfer of licenses,'' and
72.50, ``Transfer of license,'' that the U.S. Nuclear Regulatory
Commission (NRC, the Commission) consent to the indirect transfer of
PNM's 10.2 percent tenant-in-common interest and possession-only rights
in the licenses to Avangrid. By indirect transfer order dated May 25,
2021, the Commission consented to this indirect transfer. By its terms,
the indirect transfer order becomes null and void if the transfer is
not completed within 1 year (i.e., by May 25, 2022), provided, however,
that upon written application and for good cause shown, such date may
be extended by order. On May 10, 2022, the NRC issued an order
extending the effectiveness of the indirect transfer order from May 25,
2022, to May 25, 2023 (ML22101A266) in response to a request dated
February 8, 2022 (ML22040A068).
III
By letter dated February 10, 2023 (ADAMS Accession No.
ML23041A441), the applicants submitted a written application to further
extend the effectiveness of the indirect transfer order by 1 year,
until May 25, 2024. As stated in the application, by order dated
December 8, 2021, the New Mexico Public Regulation Commission (NMPRC)
declined to issue the regulatory approvals necessary for the applicants
to consummate the proposed indirect transfer. The applicants have
obtained all other required regulatory approvals, but they cannot
proceed with the transfer without the approval of the NMPRC. On January
3, 2022, the applicants filed a Notice of Appeal of the NMPRC order to
the Supreme Court of New Mexico. It is not expected, however, that
these further legal proceedings will be resolved within the 1-year
effectiveness of the extended indirect transfer order (i.e., by May 25,
2023). The extension would allow adequate time for the applicants to
obtain the required regulatory approval and consummate the transfer.
Based on the above, the NRC staff has determined that the
applicants have shown good cause for extending the effectiveness of the
indirect transfer order by 1 year, as requested.
IV
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and 2234;
and 10 CFR 50.80 and 10 CFR 72.50, it is hereby ordered that the
effectiveness of the indirect transfer order dated May 25, 2021, is
extended until May 25, 2024. Should the subject indirect license
transfer from PNM to Avangrid not be completed by May 25, 2024, the
indirect transfer order shall become null and void, provided, however,
that upon written application and for good cause shown, such date may
be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the written
application for extension dated February 10, 2023, which is available
electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html under Accession No. ML23041A441. Persons who
encounter problems with ADAMS should contact the NRC's Public Document
Room reference staff by telephone at 1-800-397-4209 or 301-415-4737 or
by email to [email protected].
Dated: March 14, 2023.
For the Nuclear Regulatory Commission.
/RA/
Gregory F. Suber,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2023-05592 Filed 3-17-23; 8:45 am]
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