ML17310B204

Petition to Intervene of Public Utility Commission of Tx

ML17310B204
Person / Time
Site:	Palo Verde
Issue date:	04/12/1994
From:	Scogin N TEXAS, STATE OF
To:	NRC COMMISSION (OCM)
Shared Package
ML17310B203	List: ML17310B202 ML17310B204
References
NUDOCS 9404150215
Download: ML17310B204 (12)

Text

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION ARIZONAPUBLIC SERVICE DOCKET NOS. STN 50-528, COMPANY 50-529, and 50-530 PETITION TO INTERVENE OF PUBLIC UTILITYCOMMISSION OF TEXAS The Public UtilityCommission of Texas (PUCT), pursuant to 10 C.F.R. $ 2.714, hereby files its petition to intervene in the above proceeding.

1. Nature of proceeding. Pursuant to the terms of an agreement between El Paso Electric Company (EPEC) and Central and So'uth West Corporation (CSW) to merge, Arizona Public Service Company and EPEC have filed the above proceedings.

They are requests that the Nuclear Regulatory Commission (NRC): (1) consent to the indirect transfer of control of EPEC's interest in certain operating licenses; and (2) amend two of those operating licenses to delete provisions relating to previous sale-leaseback arrangements. By notice published March 14, 1994 at page 11S13, Volume 59, No. 49, of the Federal Register, the NRC has requested comment on the proposed transfer of control and the staff has requested comment on the antitrust issues raised by the proposed transactions.

2. Representative. The Attorney General of Texas is authorized to represent the PUCT before federal agencies that regulate public utilities. Public Utility 9404iS02iS 9404i2 PDR ADOCK OS000528 P PDR

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Regulatory Act (PURA), Tex. Rev. Civ. Stat. Ann. art. 1446c, g 15 (Vernon Supp.

1994). Service can be made on the following assistant attorneys general appearing on behalf of the PUCT:

Norma K. Scogin Liz Bills Steven Baron Administrative Law Section Energy Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 463-2003 Telecopier: (512) 320-0911

3. Interested party. The above counsel appear on behalf of:

Public UtilityCommission of Texas 7800 Shoal Creek Blvd., Suite 400-N Austin, Texas 78757 (512) 458-0213 Telecopier: (512) 458-8340

4. Interest. The above proceedings are a prerequisite to the proposed merger of EPEC and CSW. The PUCT regulates public utilities in Texas to assure rates, operations, and services that are just'and reasonable to consumers and utilities.

PURA $ 2. The PUCT is charged with protecting the public interest inherent in the rates and services of public utilities in Texas. Id. Five public utilities that provide electricity to retail customers in Texas will be directly affected by the proposed merger.

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The PUCT has jurisdiction over the utilities'exas retail rates and services. PURA $g 2, 16.

There is currently pending before the PUCT an application under PURA g 63 for a finding that the merger is in the public interest and a request to increase EPEC's rates.

As stated above, the NRC has requested public comment on possible antitrust implications of the proposed merger. Ifthe NRC denies the requested relief, the merger will not take place. Ifthe NRC conditions approval on some change in the terms of the merger, the PUCT's evaluation of the public interest question may be affected. The PUCT has a duty to participate in the above proceeding to ensure that the public interest is served.

5. Request for Notice. The PUCT hereby requests that copies of notices in this matter be provided to the its attorneys and that they be included on the official service list of this proceeding.

Respectfully submitted, DAN MORALES Attorney General of Texas JORGE VEGA First Assistant Attorney General JAMES M. PHILLIPS Chief, Energy Division

NORMA K. SCOG LIZ BILLS STEVEN BARON Assistant Attorney General Administrative Law Section Energy Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 463-2003 Telecopier: (512) 320-0911 ATTORNEYS FOR PUBLIC UTILITY COMMISSION OF TEXAS Dated: April 12, 1994

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I certify that on this 12th day of April, 1994, a true and correct copy of the foregoing Notice of Appearance of Public Utility Commission of Texas has been sent by United States mail, postage prepaid, to all persons listed on the attached service list.

N RMAK. SCOGIN

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Steve Olea Jack R. Newman Arizona Corporation Commission Newman & Holtzinger 1200 W. Washington Street 1615 L Street, N.W., Suite 1000 Phoenix, Arizona 85007 Washington, D.C. 20036 James A. Beoletto Curtis Hoskins Southern California Edison Company Executive Vice President and P. O. Box 800 Chief Executive Operating Officer Rosemead, California 91770 El Paso Electric Company 303 North Oregon Street Senior Resident Inspector El Paso, Texas 79901 Palo Verde Nuclear Generating Station Roy P. Lessy, Jr.

5951 S. Wintersburg Road Akin, Gump, Strauss, Hauer and Feld Tonopah, Arizona 85354-7537 1333 New Hampshire Ave., Ste. 400 Washington, D,C. 20036 Regional Administrator, Region V U.S. Nuclear Regulatory commission Ronald J. Stevens, Director 1450 Maria Lane, Suite 210 Nuclear Regulatory Affairs Walnut Creek, California 94596 Arizona Public Service Company P. O. Box 52034 Charles B. Brinkman, Manager Phoenix, Arizona 85072-2034 Washington Nuclear Operations ABB Combustion Engineering Eduardo A. Rodriguez Nuclear Power Vice President, Secretary and 12300 Twinbrook Parkway, Suite 330 General Counsel Rockville, Maryland 20852 El Paso Electric Company 303 North Oregon Street Aubrey V. Godwin, Director EI Paso, Texas 79901 Arizona Radiation Regulatory Agency 4814 South 40 Street Chairman Phoenix, Arizona 85040 Maricopa County Board of Supervisors 111 South Third Ave.

Mark D. Roberson Phoenix, Arizona 85003 Federal Case Director El Paso Transition Team Clark Evans Downs Central and South West Corp. Jones, Day Reavis & Pogue P. O. Box 660164. 1450 G Street, N.W.

Dallas, Texas 75266-0164 Washington, D.C. 20005-2088

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