ML21061A156

Spent Fuel Storage Installation, Response to Request for Additional Information Regarding Application for Order Approving Indirect Transfers of Control of Licenses

ML21061A156
Person / Time
Site:	Palo Verde
Issue date:	02/26/2021
From:	Weber T Arizona Public Service Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
Shared Package
ML21061A155	List: ML21061A156
References
102-08238-TNW/MDD
Download: ML21061A156 (7)

Text

Attachment 1 to the Enclosure Contains Personal Privacy Information Withhold Attachment 1 from Public Disclosure Pursuant to 10 CFR 2.390.

10 CFR 50.80 10 CFR 72.50 aps Palo Verde Nuclear Generating Station 5871 S. Wintersburg Road Tonopah, AZ 85354 102-08238-TNW/MDD February 26, 2021 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

SUBJECT:

Palo Verde Nuclear Generating Station Units 1, 2, and 3 Docket Nos. STN 50-528, 50-529, and 50-530 and Independent Spent Fuel Storage Installation Docket No. 72-44 Renewed Operating License Nos. NPF-41, NPF-51, NPF-74 Response to Request for Additional Information Regarding Application for Order Approving Indirect Transfers of Control of Licenses

REFERENCES:

1. Letter dated December 2, 2020, from T. N. Weber to Document Control Desk (ADAMS Accession No. ML20337A344)

2. Email dated February 11, 2021 from S. Lingam to M. S. Cox By letter dated December 2, 2020 (Reference 1), Arizona Public Service Company (APS), on behalf of Public Service Company of New Mexico (PNM), Avangrid, Inc. (Avangrid) and their corporate affiliates (together, Applicants), respectfully requested that the U.S. Nuclear Regulatory Commission (NRC) consent to the indirect transfers of PNM's co-owner licenses for Palo Verde Nuclear Generating Station, Units 1, 2, and 3 (PVNGS), and for the PVNGS Independent Spent Fuel Storage Installation. In Reference 2, the NRC staff requested additional information regarding the Applicants.

A response to the request for additional information is provided as an enclosure that has an . The response and attachment are provided by PNM and Avangrid.

A member of the STARS Alliance LLC Callaway* Diablo Canyon* Palo Verde* Wolf Creek

102-08238-TNW/MDD ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Response to Request for Additional Information Regarding Application for Order Approving Indirect Transfers of Control of Licenses Page 2 contains "personal privacy" information that should be withheld from public disclosure pursuant to 10 CFR 2.390 and maintained as confidential information.

This correspondence contains no new regulatory commitments of APS or PNM.

Sincerely, Digitally signed by Weber, Thomas 0

weber Th Om as ~~

I c~~!eber, Thomas N(Z00499)

Reason: I am approving this N(Z00499) document Date: 2021.02.26 15:59:21 -07'00' Thomas N. Weber Director, Nuclear Regulatory Affairs

Enclosure:

Response to Request for Additional Information Regarding Application for Order Approving Indirect Transfers of Control of Licenses - General Corporate Information Regarding Public Service Company of New Mexico, PNM Resources, Inc, Avangrid Networks, Inc, Avangrid, Inc. and Iberdrola, S.A.

cc:

S. A. Morris NRC Region IV Regional Administrator S. P. Lingam NRC NRR Project Manager for PVNGS C. A. Peabody NRC Senior Resident Inspector for PVNGS B. D. Goretzki Arizona Department of Health Services - Bureau of Radiation Control

ENCLOSURE Response to Request for Additional Information Regarding Application for Order Approving Indirect Transfers of Control of Licenses

Enclosure Response to Request for Additional Information Regarding Application for Order Approving Indirect Transfers of Control of Licenses Page 1 of 2 Response to Request for Additional Information The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the application for the subject Order and concluded that additional information is required for complete evaluation. The NRC staff transmitted the draft request for additional information (RAI) on February 10, 2021, and Arizona Public Service Company (APS, the licensee) responded on February 11, 2021, that no clarification call was required. The NRC staff requested that the response to the following official RAI be provided within 30 days from February 11, 2021.

By letter dated December 2, 2020 [Agencywide Documents Access and Management System (ADAMS) Accession No. ML20337A344], APS requested approval of indirect transfers of control of licenses related to Palo Verde Nuclear Generating Station, Units 1, 2, and 3 (Palo Verde), and its Independent Spent Fuel Storage Installation (ISFSI). Briefly, APS requested NRC consent to the indirect transfers of Public Service Company of New Mexico's (PNM's) co-owner licenses to Avangrid, Inc. (partially foreign owned) for Palo Verde and its ISFSI. The NRC staff RAI is stated first followed by the APS response. The regulatory basis for the RAI was provided in the February 11, 2021, NRC staff email but is not repeated in this Enclosure.

In addition, PNM notes that as of February 1, 2021, Michael P. Mertz and Elisabeth A. Eden assumed new positions for both PNM and PNM Resources, Inc. as follows:

Michael P. Mertz, Vice President and Chief Information Officer Elisabeth A. Eden, Vice President and Treasurer This updates the information provided in Attachment 1 to the license transfer application (ADAMS Accession No. ML20337A344).

FAB-RAI-1 While the licensee's application for the subject Order provides the names and addresses of the directors and principal officers of the corporate entities involved in the proposed transaction, the application does not provide the citizenship.

Please provide the citizenship of the directors and principal officers of Public Service Company of New Mexico, PNM Resources, Inc., Avangrid Networks, Inc., and Avangrid, Inc.

Response

The citizenship information for the officers and directors of PNM, PNM Resources, Inc.,

Avangrid Networks, Inc., Avangrid, Inc., and Iberdrola, S.A. is provided in Attachment 1 of this Enclosure. of this Enclosure includes personal privacy information as defined in 10 CFR 2.390(a)(6). PNM and Avangrid therefore respectfully requests in accordance with 10 CFR 2.390(a) that Attachment 1 be withheld from public disclosure and maintained as confidential.

Citizenship information is Sensitive Personally Identifiable Information ("SPII"), which should remain confidential. For example, this is reflected in the definition of SPII in the Department of Homeland Security's "Handbook for Safeguarding Sensitive PII," Privacy

Enclosure Response to Request for Additional Information Regarding Application for Order Approving Indirect Transfers of Control of Licenses Page 2 of 2 Policy Directive 047-01-007, Rev. 3, page 5 (Dec. 4, 2017) ["Other data elements such as citizenship or immigration status, medical information, ethnic, religious, sexual orientation, or lifestyle information, in conjunction with the identity of an individual ( directly or indirectly inferred), are also SPII."] (Emphasis Added.) 1 The European Union's General Data Protection Regulation ("GDPR") also requires that SPII be maintained as confidential. 2 1

Available at: https://www.dhs.gov/sites/defau1Ufiles/publications/dhs%20policy%20directive%2004 7 007%20handbook%20for%20safeguarding%20sensitive%20PI I%2012-4-2017. pdf 2

Available at: https://gdpr.eu/tag/chapter-1/

STATE OF NEW MEXICO )

) SS.

COUNTY OF BERNALILLO )

Patricia K. Collawn, being duly sworn according to law deposes and says:

I am Chairman, President and Chief Executive Officer of Public Service Company of New Mexico (PNM), and as such, I am familiar with the contents of this correspondence and the attachment thereto concerning the Palo Verde Nuclear Generating Station, Units 1, 2, and 3 (PVNGS), and the matters set forth therein regarding PNM and its affiliated companies are true and correct to the best of my knowledge, information and belief.

• J)~ LJr !! !//--

Patricia K. Collawn Subscribed and Sworn to before me this 16th day of February 2021

~!J4M4J (/ ti Notary Public of the County of Bernalillo OFFICIAL SEAL Susan G. Gordon NOTARY PUBLIC*State ofNew Mexico My Com.mission Expires September 15, 2024

STATE OF CONNECTICUT COUNTY OF NEW HAVEN Robert D. Kump, being duly sworn according to law deposes and says:

I am Deputy CEO of Avangrid, Inc. (Avangrid), and as such, I am familiar with the contents of this correspondence and the attachment thereto concerning the Palo Verde Nuclear Generating Station, Units 1, 2, and 3 (PVNGS), and the matters set forth therein regarding Avangrid and its affiliated companies are true and correct to the best of my knowledge, information and belief.

1W Robko. Kump Subscribed and Sworn to before me this 25th day of February, 2021 Notary Public of the County of New Haven