ML17310B086

Notice Is Considering Approval of Indirect Transfer of Control of Util

ML17310B086
Person / Time
Site:	Palo Verde
Issue date:	03/07/1994
From:	Quay T Office of Nuclear Reactor Regulation
To:
Shared Package
ML17310B087	List: ML17310B086
References
A, NUDOCS 9403100103
Download: ML17310B086 (6)

Text

P94D031 00103 940307 I P

ADOCK 05000528 PDa UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NOS.

STN 50-528 50-529 AND 50-530 ARIZONA PUBLIC SERVICE COMPANY 7590-01 CONSIDERATION OF TRANSFER OF CONTROL OF OWNERSHIP OF LICENSEE AND OPPORTUNITY FOR PUBLIC COMMENT ON ANTITRUST ISSUES Notice is hereby given that the United States Nuclear Regulatory Commission (Commission) is considering approval under 10 CFR 50.80 of the indirect transfer of control of El Paso Electric Company's (El Paso) interest in Palo Verde Nuclear Generating Station (PVNGS) Units 1, 2, and 3,

(Operating License Nos.

NPF-41, NPF-51, and NPF-74) to a subsidiary of the Central and South West Corporation (CSW).

By letter dated January 13, 1994, Arizona Public Service Company (APS), partial owner and operator and operating ageht for PVNGS submitted its request for indirect transfer and deletion of sale-leaseback provisions, pursuant to 10 CFR 50.80, The request for license amendments to delete the provisions of certain previous sale-leaseback arrangements relating to Operating License Nos.

NPF-51 and NPF-74 will be the subject of a separate FEDERAL REGISTER notice.

Pursuant to 10 CFR 50.80 the Commission may approve the transfer of control of a licensee, after notice to interested

persons, upon the Commission's determination that the new owner is qualified to have control of the license and the transfer of control is otherwise consistent with tI applicable provisions of law, regulations and orders of the Commission.

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By this notice the Commission is seeking public comment on this proposed transfer of control of ownership.

Written comments may be submitted by mail to the Regulatory Publications Branch, Division of Freedom of Information and Publication Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555 and should site the publication date and page number of this FEDERAL REGISTER notice.

Written comments may also be delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue,

Bethesda, Maryland between 7:30 a.m.

and 4: 15 p.m.

Copies of written comments may be examined at the NRC Publ(g Document

Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555.

Antitrust Issues Pursuant to 10 CFR 2. 101 of the Commission's regulations, the staff is publishing receipt of APS'equest to transfer the above described control of ownership of PVNGS.

Any person who wishes to submit comments or information relating to antitrust issues believed to be raised by this transfer request should submit said comments or information within 30 days of the initial publication of this notice in the FEDERAL REGISTER to the U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Chief, Inspection and Licensing Policy Branch, Office of Nuclear Reactor Regulation.

The Director of the Office of Nuclear Reactor Regulation will issue a finding whether significant changes in the licensees'ctivities have occurred since the completion of the previous antitrust review.

Although the staff is providing the opportunity for comments concerning the competitive aspects of the proposed transfer, the staff notes that it is aware of and is closely following a proceeding at the

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Federal Energy Regulatory Commission (FERC) involving CSW's proposed acquisition of El Paso.

The NRC will consider the FERC proceeding to the maximum extent possible in resolving issues brought before the NRC.

For further details with respect to the subject transfer, see the request for transfer of control dated January 13, 1994, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the local public document room located at the Phoenix Public Library, 12 East McDowell Road,

Phoenix, Arizona 85004.

Dated at Rockville, Maryland the 7eh day of March 1994.

FOR THE NUCLEAR 'REGULATORY COMMISSION n'heodore R. quay, Director Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation

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