ML22040A068

Application for Extension of Order Approving Indirect Transfer of Licenses

ML22040A068
Person / Time
Site:	Palo Verde
Issue date:	02/08/2022
From:	Gil K Arizona Public Service Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
102-08391-KJG/MSC
Download: ML22040A068 (2)

Text

10 CFR 50.80 10 CFR 72.50 Palo Verde Nuclear Generating Station 5871 S. Wintersburg Road Tonopah, AZ 85354 102-08391-KJG/MSC February 8, 2022 U.S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

REFERENCES:

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

2. Order Approving Indirect Transfer of Licenses, dated May 25, 2021 (ADAMS Accession No. ML21118B029)

SUBJECT:

Palo Verde Nuclear Generating Station Units 1, 2, and 3 Docket Nos. STN 50-528, 50-529, and 50-530 Renewed Operating License Nos. NPF-41, NPF-51, NPF-74 Independent Spent Fuel Storage Installation Docket No. 72-44 Application for Extension of Order Approving Indirect Transfer of Licenses 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 transfer of the PNM 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 issued the requested Order approving the proposed indirect transfer of the PNM co-owner licenses for PVNGS. Applicants respectfully request that the NRC Order, dated May 25, 2021, be extended for good cause shown herein.

The NRC Order states that if the indirect transfers are not competed within 1 year of the date of this Order, this Order shall become null and voided, provided, however, that upon written application and for good cause shown, such date may be extended by Order.

By Order dated December 8, 2021, the New Mexico Public Regulation Commission (NMPRC) declined to issue the regulatory approvals necessary for the Applicants to consummate their planned merger. The Applicants have obtained all other required regulatory approvals, but they cannot proceed with the merger without the approval of the NMPRC.

A member of the STARS Alliance LLC Callaway

• Diablo Canyon

• Palo Verde

• Wolf Creek

102-08391-KJG/MSC ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Application for Extension of Order Approving Indirect Transfer of Licenses Page 2 On January 3, 2022, the Applicants filed a Notice of Appeal of the NMPRC Order, dated December 8, 2021, to the Supreme Court of New Mexico. It is not expected, however, that these further legal proceedings will be resolved by May 25, 2022. The Applicants also issued Press Releases indicating that they have extended their merger agreement and desire to continue their efforts to consummate the merger. On January 3, 2022, Avangrid submitted Amendment No. 1 to the Applicants merger agreement in a Form 8-K filing with the Securities and Exchange Commission. This is available at:

https://www.sec.gov/Archives/edgar/data/0001634997/000119312522000743/d323 572d8k.htm Based upon the continued efforts of the Applicants to obtain the required regulatory approval and consummate the merger, there is good cause for the NRC to issue an Order extending the approval from May 25, 2022, for an additional year.

Applicants respectfully request that the NRC issue an Order extending the approval of indirect transfer of licenses through May 25, 2023.

This correspondence contains no new regulatory commitments of APS or PNM. Should you have any questions concerning the content of this letter, please contact Matthew S. Cox, Licensing Section Leader, at (623) 393-5753.

Sincerely, Digitally signed by Gil, Katherine J(Z05492)

Date: 2022.02.08 21:36:17 -07'00' Katherine J. Gil Nuclear Regulatory Affairs Director KJG/MSC cc: S. A. Morris NRC Region IV Regional Administrator S. P. Lingam NRC NRR Project Manager for PVNGS L. N. Merker NRC Senior Resident Inspector for PVNGS B. D. Goretzki Arizona Department of Health Services (ADHS) -

Bureau of Radiation Control