ML030350257

Withdrawal of Application for Approval of License Transfers and Conforming Amendments

ML030350257
Person / Time
Site:	Palo Verde
Issue date:	02/04/2003
From:	Donohew J NRC/NRR/DLPM/LPD4
To:	James M. Levine Arizona Public Service Co
Donohew J N, NRR/DLPM,415-1307
References
TAC MB4821, TAC MB4823, TAC MB4824, TAC MC4826
Download: ML030350257 (5)

Text

Mr. James M. Levine February 4, 2003 Executive Vice President, Generation Arizona Public Service Company and Chief Operating Office Pinnacle West Energy Corporation P.O. Box 53999 Phoenix, AZ 85072-3999

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3 -

WITHDRAWAL OF APPLICATION FOR APPROVAL OF LICENSE TRANSFERS AND CONFORMING AMENDMENTS (TAC NOS. MB4821 THROUGH MB4823, AND MB4824 THROUGH MB4826, RESPECTIVELY )

Dear Mr. Levine:

By letter dated April 15, 2002 (102-04686), as supplemented by letter dated July 11, 2002 (102-04813), from Pinnacle West Energy Corporation (PWE) and Arizona Public Service Company (APS), you requested approval of the transfer of the 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, to the extent held by APS, to PWE, in connection with a proposed restructuring of APS. The application also requested approval of proposed conforming amendments.

Subsequently, by letter dated December 23, 2002 (102-04876), you withdrew the application because of continuing uncertainty regarding deregulation of the electric industry in Arizona.

The Commission does not object to your withdrawal of your application for approval of the transfer of the facility operating licenses for the Palo Verde units and will close out its review of your application and the subject TACs with this letter. The Commission has filed the enclosed Notice of Withdrawal of Application for Approval of Transfer of Facility Operating Licenses and Conforming Amendments with the Office of the Federal Register for publication.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530

Enclosure:

Notice of Withdrawal cc w/encl: See next page

ML030350257 NRR-106 OFFICE PDIV-2/PM PDIV-1/LA OGC PDIV-2/SC NAME JDonohew:rkb MMcAllister CMarco SDembek DATE 1/29/03 1/29/03 1/29/03 2/4/03 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ARIZONA PUBLIC SERVICE COMPANY DOCKET NOS. 50-528, 50-529, AND 50-530 NOTICE OF WITHDRAWAL OF APPLICATION FOR APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSES AND CONFORMING AMENDMENTS The U.S. Nuclear Regulatory Commission (the Commission) has permitted the withdrawal of the application dated April 15, 2002, as supplemented by letter dated July 11, 2002, filed by Arizona Public Service Company (APS) and Pinnacle West Energy Corporation (PWE), which had requested approval of the transfer of the 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, to the extent held by APS, to PWE, in connection with a proposed restructuring of APS. The application also requested approval, pursuant to 10 CFR 50.90, of proposed conforming amendments. Palo Verde, Units 1, 2, and 3, are located in Maricopa County, Arizona.

The Commission had previously issued a Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing, which was published in the Federal Register on July 29, 2002 (67 FR 49044).

However, by letter dated December 23, 2002, APS and PWE withdrew the application.

For further details with respect to this action, see the application dated April 15, 2002, as supplemented by letter dated July 11, 2002, and the licensee's letter dated December 23, 2002, which withdrew the application. Documents may be examined, and/or copied for a fee, at the NRCs Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 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, or 301-415-4737 or by email to pdr@nrc.gov.

Dated at Rockville, Maryland, this 4 day of February 2003.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation

Palo Verde Generating Station, Units 1, 2, and 3 cc:

Mr. Steve Olea Mr. Jarlath Curran Arizona Corporation Commission Southern California Edison Company 1200 W. Washington Street 5000 Pacific Coast Hwy Bldg DIN Phoenix, AZ 85007 San Clemente, CA 92672 Douglas Kent Porter Mr. Robert Henry Senior Counsel Salt River Project Southern California Edison Company 6504 East Thomas Road Law Department, Generation Resources Scottsdale, AZ 85251 P.O. Box 800 Rosemead, CA 91770 Terry Bassham, Esq.

General Counsel Senior Resident Inspector El Paso Electric Company U.S. Nuclear Regulatory Commission 123 W. Mills P.O. Box 40 El Paso, TX 79901 Buckeye, AZ 85326 Mr. John Schumann Regional Administrator, Region IV Los Angeles Department of Water & Power U.S. Nuclear Regulatory Commission Southern California Public Power Authority Harris Tower & Pavillion P.O. Box 51111, Room 1255-C 611 Ryan Plaza Drive, Suite 400 Los Angeles, CA 90051-0100 Arlington, TX 76011-8064 Brian Almon Chairman Public Utility Commission Maricopa County Board of Supervisors William B. Travis Building 301 W. Jefferson, 10th Floor P.O. Box 13326 Phoenix, AZ 85003 1701 North Congress Avenue Austin, TX 78701-3326 Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency Mr. Gregg R. Overbeck 4814 South 40 Street Senior Vice President, Nuclear Phoenix, AZ 85040 Arizona Public Service Company P. O. Box 52034 Mr. Craig K. Seaman, Director Phoenix, AZ 85072-2034 Regulatory Affairs/Nuclear Assurance Palo Verde Nuclear Generating Station P.O. Box 52034 Phoenix, AZ 85072-2034 Mr. Hector R. Puente Vice President, Power Generation El Paso Electric Company 2702 N. Third Street, Suite 3040 Phoenix, AZ 85004 Mr. John Taylor Public Service Company of New Mexico 2401 Aztec NE, MS Z110 Albuquerque, NM 87107-4224