ML17300A657

Advises of Plan for Addl Amend to Facility Lease for 860801 Transaction to Eliminate Provision Requiring Overpayment of Rent by Lessee & Amend to Facility Lease for 860818 Transactions to Correct Mathematical Mistake

ML17300A657
Person / Time
Site:	Palo Verde
Issue date:	12/11/1986
From:	MOORE C L KELEHAR & MCLEOD
To:	MIRAGLIA F J Office of Nuclear Reactor Regulation
References
TAC-63147, TAC-63148, NUDOCS 8612160051
Download: ML17300A657 (6)

Text

@~I REGULATOR FORMATION DISTRIBUTION M (RIDS)ACCESSION NBR: 8612160051 DOC.DATE: 86/12/11 NOTARIZED:

NO DOCKET 0 FAG IL: STN-50-528 Palo Vev de Nuclear Station>Uni t ii Arizona Pub l i 05000528 STN-50-529 Palo Vev de Nuclear Stationi Uni t 2i Av'i zona Pub li 05000529 AUTH.NAME AUTHOR AFFILIATION MOORED C.L.Kelehar 8c McLeod RECIP.NAME RECIPIENT AFFILIATION MIRAQLIA, F.J.Division of Pv essuv ized Water Reactov.Licensing-B (post 8

SUBJECT:

AdYises of plan fov addi amend to facility lease fov'60301 tv ansaction to eliminate provision v equiring overpagment of v'ent bg lessee 5 amend to facility lease for 860818 tv ansactions to cov v ect mathematical mistake.DISTRIBUTION CODE: BOOED COPIES RECEIVED: LTR J ENCL Q SIZE: TITLE: Licensing Submittal:

Application/General Info Amdt NOTES: Standav'dized plant.M.Davisi NRR: 1Cg.Standardized plant.M.Davis.NRR: 1Cg.05000528 05000529 REC IP I ENT ID CODE/NAME PNR-B PD7 LA LICITRAi E 01 INTERNAL: ACRS 10 AEOD/PTB D 0 04 SP COPIES LTTR ENCL 3 1 1 1 RECIP I ENT ID CODE/NAME PNR-B PD7 PD 05'DM/LFMB ELD/HDS3 11, IE/DGAVT/GAB 09 RQN5 COP IES LTTR ENCL EXTERNAL: LPDR NSIC NOTES: 03 06 NRC PDR 02 TOTAL NUMBER OF COPIES REQUIRED: LTTR 19 ENCL+8 1 I I 4 II lc RUSSCLL MODRC WILLIAM 8.KCLCHCR MICHAEL L.KCLCHCR PATRICK W.HURLKY CHARLES A.PHARRIS RICHARD 8 COLC ARTHUR O.BEACH J 0 HN M.KULI KOWS K I THOMAS E KELCHER PETER H.JOHNSTON C H CN R Y F.NARVACZ CHARLCS L.MOORC ROBCRT H CLARK BRIAN J.OFROURKC RONALD F.HORN PHIL KREHBIEL CLYDE F.WORTHEN SPENCER RCIO MICHAEL WILC ELIZASCTH E.WHITCFIELD ROB CRT C.CONKLIN REBECCA A HOUSTON BARBARA ALBIN KATHRYN J.KUHLCN MARK STYLES EVAN S.HOBOS PATRICK V.APOOACA RANDOLPH L.HAMS LIN P.SCOTT EATON MARGARET C.DAVIDSON THOMAS C.GRICSS PAULA Z.HANSON THOMAS C.BIRD THOMAS H.TOEVS WILLIAM M.CASEY RICHARD L.ALVIORKZ KURT WIHL RIKKI L.OUINTANA HELEN G.HILLCGASS CAROL LISA SMITH JUDITH L.OURZO THOMAS J.ZIMBRICK JONATHAN M.DUKE THOMAS R 8LU C H CR LYNOA LATTA DOUGLAS C.BRYAN ELEHER 6(McLEOD, P.'A.ATTORNEYS AND COUNSEI.ORS AT LAW PUBLIc SKRvlcc BUILDING P.D.DRAWCR AA ALBUOUEROUE, NEW MEXICO 0/l03 December ll, 1986 VIA FEDERAL EXPRESS W.A.KKLCHCR I888 IQ72 A.H.McLCOD IQD2 IQTB JOHN 9 TITTMANN OF COUNSCI.TELCPHONE 842-6262 AREA CODE SOS Director of Nuclear Reactor Regulation Attention:

Mr.Frank J.Miraglia, Director Division of Pressurized Water Reactor Licensing-B U.S.Nuclear Regulatory Commission Washington, D.C.20555 Re: Sale and Leaseback Financing Transactions by Public Service Company of New Mexico-NRC Docket Nos.STN 50-528 and STN 50-529 Gentlemen:

This letter is being written in compliance with para-graph 2.B(6)of License No.NPF-41, which paragraph was added by Amendment No.3 issued on December 26, 1985 and amended by Amendment No.6 issued on June 2, 1986, and in compliance with paragraph 2.B(6)of License No.NPF-51, which paragraph was added by Amendment No.2 issued on August.12, 1986.Pursuant, to paragraph 2.B(6)of each of the Licenses referred to above, the licensees are required to notify the NRC in writing prior to any change in"the terms or conditions of any lease agreements executed as part of this transaction".

As previously reported, a lease transaction relating to PVNGS Unit 1 was closed on August 1, 1986.Also, as previously reported, five transactions relating to PVNGS Unit 2 were closed on August 18, 1986.A public debt closing occurred on November 25, 1986, the purposes of which were reported in my letter dated November 20, 1986.The purpose of this letter is to report that it is currently anticipated that there will be an additional amendment.

to the Facility Lease for the August 1, 1986 transaction and an additional amendment to the Facility Lease for one of the August 18, 1986 transactions.

The purpose of the amendment to the Facility Lease for the August 1, 1986 transaction would be to eliminate a provision which currently requires an I 8612160051 861211 1 PDR ADOCK 05000528i PDR Jq l'l~P J C p KELEHER IK<MGLEOD, P.A.Director of Nuclear Reactor Regulation December ll, 1986 Page 2.overpayment of rent by the Lessee.The purpose of the amend-ment.to the Facility Lease in one of the August 18, 1986 transactions would be to correct a mathematical mistake made in the calculation of rental factors.Neither of the amend-ments is deemed to be material to the previous action taken by the NRC.Consistent with previous practice, assuming execution as presently contemplated, we plan to file the amendments with the NRC after execution.

call.If you have any questions, please do not hesitate to Yours very truly, KELEHER 6 McLEOD, P.A.CLM/mu By Charles L.Moore cc Edward S.Christenbury, Esq.Edwin J.Reis, Esq.Mr.George N.Knighton Arthur C.Gehr, Esq.Timothy M.Toy, Esq.Mr.A.J.Robison (Federal Express) 1 lf