ML023650368

Request to Withdraw Application for Order and Conforming Administrative Amendments for License Transfer in Accordance with 10 CFR 2.107(a)

ML023650368
Person / Time
Site:	Palo Verde
Issue date:	12/23/2002
From:	Overbeck G Arizona Public Service Co
To:	Collins S Office of Nuclear Reactor Regulation
References
102-04876-GRO/SAB/RMW
Download: ML023650368 (2)

Text

10 CFR 50.80 10 CFR 50.90 10 CFR 2.107(a)

Gregg R. Overbeck Mail Station 7602 Palo Verde Nuclear Senior Vice President TEL (623) 393-5148 P.O Box 52034 Generating Station Nuclear FAX (623) 393-6077 Phoenix, AZ 85072-2034 102-04876-G RO/SAB/RMW December 23, 2002 VIA: Overnight U.S. Nuclear Regulatory Commission ATTN: Mr. Samuel J. Collins Director, Office of Nuclear Reactor Regulation Mail Stop 0-5 E7 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

References:

1. APS letter 102-04686, dated April 15, 2002, from Mr. James M. Levine, APS/PWE, to Mr. Samuel J. Collins, NRC, "Application for Order and Conforming Administrative Amendments for License Transfer".

2. APS letter 102-04813, dated July 11, 2002, from Mr. James M. Levine, APS/PWE, to Mr. Samuel J. Collins, NRC, "Response to Request for Additional Information Regarding Application for Order and Conforming Administrative Amendments for License Transfer and Request to Amend the Application".

3. APS letter 102-04846, dated October 3, 2002, from Mr. Gregg R. Overbeck, APS, to Mr. Samuel J. Collins, NRC, "Request to Stay Issuance of Requested Order and Conforming Administrative Amendments for License Transfers".

Subject:

Palo Verde Nuclear Generating Station (PVNGS), Units 1, 2 and 3 Facility Operating License Nos. NPF-41, NPF-51 and NPF-74 Docket Nos. 50-528, 50-529, and 50-530 Request to Withdraw "Application for Order and Conforming Administrative Amendments for License Transfer" in Accordance with 10 CFR 2.107(a).

In References 1 and 2 above, Pinnacle West Energy Corporation (PWE) and Arizona Public Service Company (APS)(collectively the "Applicants") submitted their Application for Order and Conforming Administrative Amendments for License Transfer

("Application") and provided additional information in support of this application.

AG01

U.S. Nuclear Regulatory Commission ATTN: Mr. Samuel J. Collins, Director, Office of Nuclear Reactor Regulation Request to Withdraw "Application for Order and Conforming Administrative Amendments for License Transfer" in Accordance with 10 CFR 2.107(a).

Page 2 In Reference 3, the Applicants notified the NRC that the Arizona Corporation Commission (ACC) issued an order on September 10, 2002 directing APS to "cancel any plans to divest interests in any generating assets". In addition, the Applicants requested that the NRC complete internal processing of the Application, but not issue.

any order or conforming administrative license amendments pending the-resolution of a.

motion for reconsideration that was filed by*APPS with the ACC on September 30, 2002.

Because of continuing uncertainty regarding deregulation of the electric industry in Arizona, the Applicants are requesting to withdraw their Application, in accordance with 10 CFR 2.107(a).

Thank you for your efforts in supporting the timely review and approval of this Application. Please contact Mr. Scott Bauer at 623-393-5978 if you have any questions or require any additional information regarding this matter.

No regulatory commitments are being made to the NRC in this letter.

Sincerely, GRO/SAB/RMW/kg cc:

Nuclear Regulatory Commission Document Control Desk E. W. Merschoff Regional Administrator, Region IV, NRC J. N. Donohew PVNGS Project Manager, NRR N. L. Salgado PVNGS Senior resident inspector Aubrey V. Godwin Arizona Radiation Regulatory Agency Timothy P. Matthews Morgan Lewis & Bockius, LLP