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MONTHYEARML21085A8772021-03-26026 March 2021 Consolidated Decommissioning Funding Status Report - 2020 Project stage: Request ML21139A3302021-05-19019 May 2021 Application for Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases Project stage: Request ML21160A1442021-06-0909 June 2021 NRR E-mail Capture - Palo Verde 1 and, 2 - Acceptance Review for Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases Project stage: Acceptance Review ML21165A0542021-06-23023 June 2021 Letter, Notice of Consideration of Approval of Application Proposed Transfer of Control of Licenses and Opportunity to Request a Hearing Project stage: Other ML21165A0532021-06-23023 June 2021 Notice of Consideration of Approval of Application Proposed Transfer of Control of Licenses and Opportunity to Request a Hearing Project stage: Request ML21165A0562021-06-23023 June 2021 FRN - Notice of Consideration of Approval of Application Proposed Transfer of Control of Licenses and Opportunity to Request a Hearing Project stage: Other ML21245A0662021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (FRN) Project stage: Other ML21245A0722021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter, Order) Project stage: Request ML21245A0642021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter) Project stage: Other ML21245A0652021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Order) Project stage: Other ML21307A1332021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (Superseding Order of October 21, 2021) (FRN) Project stage: Other ML21307A1322021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Order) Project stage: Other ML21307A1352021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter, Order) Project stage: Request ML21307A1312021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter) Project stage: Other 2021-03-26
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Category:Federal Register Notice
MONTHYEARML23166B0852023-07-0606 July 2023 FRN: for Issuance of Exemption ML23045A3112023-03-15015 March 2023 Order Extending the Effectiveness of the Approval of the Indirect Transfer of the Co-Owner Licenses from Public Service Company of New Mexico to Avangrid, Inc. (EPID L-2022-LLO-0000) (FRN) ML22146A1872022-06-0101 June 2022 FRN for Issuance of Exemption ML22101A2572022-05-11011 May 2022 Order Extending the Effectiveness of the Approval of the Indirect Transfer of the Co-Owner Licenses from Public Service Company of New Mexico to Avangrid, Inc. (EPID L-2022-LLO-0000) (FRN) ML22054A0072022-03-24024 March 2022 Exemption from the Requirements of 10 CFR 50.62 to Delete Diverse Auxiliary Feedwater Actuation System Using Risk-Informed Process for Evaluations (EPID L 2022 Lle 0004) FRN ML22034A9832022-02-15015 February 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in January 2022 ML22003A1042022-01-26026 January 2022 the Independent Spent Fuel Storage Installation - Order Approving Indirect Transfer of Control of Licenses (EPID L 2021 LLM 0002) (FRN) ML21307A1332021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (Superseding Order of October 21, 2021) (FRN) ML21307A1312021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter) ML21245A0662021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (FRN) ML21245A0642021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter) ML21245A0652021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Order) ML21165A0542021-06-23023 June 2021 Letter, Notice of Consideration of Approval of Application Proposed Transfer of Control of Licenses and Opportunity to Request a Hearing ML21165A0562021-06-23023 June 2021 FRN - Notice of Consideration of Approval of Application Proposed Transfer of Control of Licenses and Opportunity to Request a Hearing ML21118B0312021-05-25025 May 2021 FRN - Order Approving Indirect Transfer of Licenses for Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation ML21118B0292021-05-25025 May 2021 Order Approving Indirect Transfer of Licenses for Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation (EPID L-2020-LLM-0002) (Order) ML21106A1482021-04-28028 April 2021 ISFSI - Letter - Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity to Request a Hearing ML21106A1502021-04-28028 April 2021 ISFSI - FRN - Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity to Request a Hearing ML21028A0122021-02-18018 February 2021 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for January 2021 ML21011A2592021-01-21021 January 2021 ISFSI, FRN - Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity for a Hearing ML21011A2492021-01-21021 January 2021 ISFSI, Letter - Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity for a Hearing ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20119A5242020-05-0707 May 2020 FRN: Notice of Issuance of Multiple Exemptions Regarding 10 CFR Part 26 (COVID-19) ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML19213A0342019-08-23023 August 2019 Federal Register Notice: Palo Verde Nuclear Generating Station Independent Spent Fuel Storage Installation - Issuance of Exemption ML19205A2742019-08-19019 August 2019 Federal Register Notice: Palo Verde Nuclear Generating Station ISFSI - Environmental Assessment and Finding of No Significant Impact; Issuance ML19122A2102019-05-15015 May 2019 Federal Register Notice: Palo Verde Independent Spent Fuel Storage Installation - Environmental Assessment and Finding of No Significant Impact; Issuance NRC-2018-0277, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: January2018-12-13013 December 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: January 8, 2 ML18334A2202018-12-13013 December 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: January 8, 2 ML18295A7442018-10-25025 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 11/06/18 NRC-2017-0175, Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 20172017-08-0404 August 2017 Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 2017 ML17213A1842017-08-0404 August 2017 Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 2017 ML16257A5172016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 NRC-2016-0202, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 20162016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16215A2272016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 NRC-2016-0161, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 20162016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 NRC-2016-0100, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 20162016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16131A7952016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15252A1102015-09-11011 September 2015 Letter, Newspaper Notice, Exigent License Amendment Request to Amend Technical Specification Surveillance Requirement 3.1.5.3 for Control Element Assembly 88 for the Remainder of Cycle 19 ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 ML14177A6452014-06-27027 June 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations ML14059A1812014-03-0707 March 2014 FRN - Withdrawal of License Amendment Request to Revise Technical Specifications; Eliminate Use of the Term Core Alteration Consistent w/TSTF-471 and NUREG-1432, Rev 3 ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2011-0230, FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations2011-09-22022 September 2011 FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations 2023-07-06
[Table view] Category:Order
MONTHYEARML23045A3552023-03-14014 March 2023 Order Extending the Effectiveness of the Approval of the Indirect Transfer of the Co-Owner Licenses from Public Service Company of New Mexico to Avangrid, Inc. (EPID L-2023-LLO-0000) (Order) ML22101A2572022-05-11011 May 2022 Order Extending the Effectiveness of the Approval of the Indirect Transfer of the Co-Owner Licenses from Public Service Company of New Mexico to Avangrid, Inc. (EPID L-2022-LLO-0000) (FRN) ML22101A2552022-05-10010 May 2022 Order Extending the Effectiveness of the Approval of the Indirect Transfer of the Co-Owner Licenses from Public Service Company of New Mexico to Avangrid, Inc. (EPID L-2022-LLO-0000) (Letter) ML21307A1332021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (Superseding Order of October 21, 2021) (FRN) ML21307A1322021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Order) ML21307A1312021-11-17017 November 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter) ML21245A0662021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (FRN) ML21245A0642021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Letter) ML21245A0652021-10-21021 October 2021 the Independent Spent Fuel Storage Installation - Order Approving Transfers of Control of Licenses for Minority Interests Subject to Expiring Leases (EPID L-2021-LLM-0003) (Order) ML21118B0292021-05-25025 May 2021 Order Approving Indirect Transfer of Licenses for Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation (EPID L-2020-LLM-0002) (Order) ML21118B0312021-05-25025 May 2021 FRN - Order Approving Indirect Transfer of Licenses for Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation ML20038A2172020-03-0505 March 2020 Order Approving Application Regarding Indirect License Transfer of Licenses and the Independent Spent Fuel Storage Installation ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML0309401982003-04-29029 April 2003 Issuance of Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel ML0309106252003-04-29029 April 2003 EA-03-039, Addressee List, (Order Issued by Program Office or OE for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Per 2023-03-14
[Table view] |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-528, STN 50-529, and 72-44; NRC-2021-0126]
In the Matter of Arizona Public Service Company Salt River Project Agricultural Improvement and Power District Public Service Company of New Mexico Palo Verde Nuclear Generating Station, Units 1 and 2 and Independent Spent Fuel Storage Installation AGENCY: Nuclear Regulatory Commission.
ACTION: Transfers of control of licenses; order.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order approving the application dated May 19, 2021, as supplemented by letter dated September 14, 2021, filed by Arizona Public Service Company (APS), on behalf of Salt River Project Agricultural Improvement and Power District (SRP) and Public Service Company of New Mexico (PNM). The application sought NRC consent to the partial transfers of Renewed Facility Operating License Nos. NPF-41 and NPF-51 for Palo Verde Nuclear Generating Station (Palo Verde), Units 1 and 2, respectively, and the general license for the Palo Verde Independent Spent Fuel Storage Installation (ISFSI).
Specifically, it sought NRC consent to the transfers from PNM to SRP of a 7.9333330 percent share of the undivided interests in Palo Verde, Unit 1, and of a 0.7933333 percent share of the undivided interests in Palo Verde Unit 2. No physical changes or operational changes were proposed in the application.
DATES: The Order was issued on October 21, 2021, and is effective for 1 year.
ADDRESSES: Please refer to Docket ID NRC-2021-0126 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The license transfer order and the NRC staff safety evaluation supporting the order are available in ADAMS under ADAMS Package Accession No. ML21245A072.
- Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Siva P. Lingam, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1564, email: Siva.Lingam@nrc.gov.
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SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: October 21, 2021.
For the Nuclear Regulatory Commission.
/RA/
Siva P. Lingam, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
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Attachment - Order Approving Transfers of Control of Licenses UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Arizona Public Service Company )
Salt River Project Agricultural Improvement )
and Power District )
Public Service Company of New Mexico )
)
Palo Verde Nuclear Generating Station, ) Docket Nos. STN 50-528, STN 50-
- 529, Units 1 and 2, and Independent Spent ) and 72-44 Fuel Storage Installation ) License Nos. NPF-41 and NPF-51 ORDER APPROVING TRANSFERS OF CONTROL OF LICENSES I.
Arizona Public Service Company (APS) is the licensed operator and a licensed co-owner of Renewed 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, respectively, and the general license for the Palo Verde Independent Spent Fuel Storage Installation (ISFSI). Palo Verde is located in Maricopa County, Arizona. The other licensed co-owners (tenants-in-common), Salt River Project Agricultural Improvement and Power District (SRP); Southern California Edison Company; El Paso Electric Company; Public Service Company of New Mexico (PNM); Southern California Public Power Authority; and Los Angeles Department of Water and Power, hold possession-only rights for these licenses (i.e., they are not licensed to operate the facility).
II.
By application dated May 19, 2021, as supplemented by letter dated September 14, 2021 (Agencywide Documents Access and Management System (ADAMS)
Accession Nos. ML21139A330 and ML21257A399, respectively), APS, on behalf of SRP and PNM (together, the Applicants), requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Sections 50.80, Transfer of licenses, and 72.50, Transfer of license, that the U.S. Nuclear Regulatory Commission (NRC, the Commission) consent to the partial license transfers from PNM to SRP of a 7.9333330 percent share of the undivided interests in Palo Verde, Unit 1, and of a 0.7933333 percent share of the undivided interests in Palo Verde, Unit 2.
According to the application, PNM currently has a 10.2 percent possession-only interest in Palo Verde, Units 1, 2, and 3. While most of this interest is directly owned by PNM, the remainder, specifically the Unit 1 interests and Unit 2 interests, is leased from financial institutions pursuant to sale-leaseback transactions PNM executed in 1985 and 1986 with investment and banking firms. As the lessee, PNM retained all the leasehold and control rights and responsibility associated therewith. The NRC consented to these sale-leaseback transactions (ADAMS Accession No. ML021680489). Under the terms of these past transactions, the Unit 1 interests and the Unit 2 interests are currently held in trust and leased to PNM pursuant to the NRCs prior orders, license amendments, and creditor regulations in accordance with 10 CFR 50.81, Creditor regulations. The sale-leaseback transactions were structured so that although the investment and banking firms own the Unit 1 interests and the Unit 2 interests, none has direct or indirect controlling interest in Palo Verde. Instead, under the leases, PNM retains leasehold and control rights and responsibility under the NRC licenses for these interests.
According to the application, PNM entered into a total of 11 sale-leaseback transactions refinancing portions of its interests in Palo Verde, Units 1 and 2. Six leases have since expired, leaving five remaining. The application concerns those remaining five leases, which are approaching their expiration dates and cannot be renewed, with 2
four leases expiring in 2023 and one in 2024. The financial institutions have agreed to sell and transfer these interests to SRP starting from 2021 and SRP has agreed to purchase these interests, provided that SRP and PNM have secured the requisite approval from the NRC for SRP ownership of the incremental interests once the leases expire.
After the proposed partial license transfers, SRP would own a total of 25.423333 percent of the shares in Unit 1, and 18.2833333 percent of the shares in Unit 2, and PNM would own a total of 2.266667 percent of the shares in Unit 1, and 9.4066667 percent of the shares in Unit 2. APS owns a 29.1 percent tenant-in-common interest and holds both operating and possession rights in the NRC licenses. Further, APS operates, and would continue to operate, each of the Palo Verde units and the ISFSI pursuant to the operating rights granted to it under the license of each Palo Verde unit. The remaining tenant-in-common co-owners that hold possession-only rights in the NRC licenses are: Southern California Edison Company (15.8 percent); El Paso Electric Company (15.8 percent); Southern California Public Power Authority (5.91 percent); and Los Angeles Department of Water and Power (5.7 percent). Although the ownership interests in Palo Verde would change, significant actions involving operation of the Palo Verde units require unanimity of all owners of Palo Verde. Currently, no entity owns 50 percent or more of the voting interests. The same would be true following the proposed transfers of the leased interests. Accordingly, after the effective date of the transactions, there would be no change in the control of operation of Palo Verde; APS would continue to make all technical decisions that do not require approval from all owners of Palo Verde.
No physical changes or operational changes are proposed in the application.
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A notice of the application and opportunity to comment, request a hearing, and petition for leave to intervene on the application was published in the Federal Register (FR) on June 29, 2021 (86 FR 34282). The NRC did not receive any comments or hearing requests on the application.
Under 10 CFR 50.80 and 10 CFR 72.50, no license for a production or utilization facility or ISFSI, or any right thereunder, shall be transferred, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing. Upon review of the information in the application, and other information before the Commission, the NRC staff has determined that PNM can transfer a 7.9333330 percent share of the undivided interests in Palo Verde, Unit 1, and a 0.7933333 percent share of the undivided interest in Palo Verde, Unit 2, to SRP. The proposed transferee is qualified to be the holder of the licenses and transfer of the licenses is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.
The findings set forth above are supported by an NRC staff safety evaluation dated the same date as this Order, which is available at ADAMS Accession No. ML21245A064.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended, 42 USC § 2201(b), 2201(i), and 2234; and 10 CFR 50.80 and 10 CFR 72.50, IT IS HEREBY ORDERED that the application regarding the proposed partial license transfers is approved for Palo Verde Units 1 and 2 and the Palo Verde ISFSI.
IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed partial license transfers, the Applicants shall inform the Director of the 4
NRC Office of Nuclear Reactor Regulation in writing of such receipt, and of the date of the closing of the transfers, no later than 2 business days prior to the date of the closing of the transfers. Should the transfers not be completed within 1 year of the date of this Order, this Order shall become null and void, provided, however, that upon written application and for good cause shown, such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the application dated May 19, 2021, as supplemented by letter dated September 14, 2021, and the NRC staffs safety evaluation dated the same date as this Order, which are available for public inspection electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems accessing the documents located in ADAMS should contact the NRC Public Document Room reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.
Dated: October 21, 2021.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Bo M. Pham, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
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