ML21134A244

Supplemental Information in Support of License Transfer Application - Specific Conditions

ML21134A244
Person / Time
Site:	Palo Verde
Issue date:	05/14/2021
From:	Weber T Arizona Public Service Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
102-08281-TNW/MDD
Download: ML21134A244 (6)

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10 CFR 50.80 10 CFR 72.50

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102-08281-TNW/MDD May 14, 2021 U.S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

REFERENCES:

1. Letter No. 102-08207, dated December 2, 2020, from T. Weber to Document Control Desk (ADAMS Accession No. ML20337A344)

2. Letter No. 102-08238, dated February 26, 2021, from T. Weber to Document Control Desk (ADAMS Accession No. ML21061A156)

3. Email dated May 12, 2021 from S. Lingam to M. S. Cox (ADAMS Accession No. ML21132A237)

SUBJECT:

Palo Verde Nuclear Generating Station Units 1, 2, and 3 Docket Nos. STN 50-528, 50-529, and 50-530 Independent Spent Fuel Storage Installation Docket No. 72-44 Renewed Operating License Nos. NPF-41, NPF-51, NPF-74 Supplemental Information in Support of License Transfer Application - Specific Conditions 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 PNMs 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 3, the NRC staff requested that the Applicants confirm acceptance of specific conditions.

The attached Conditions, which are consistent with the information provided in References 1 and 2, are submitted to confirm acceptance of the Conditions for inclusion in the Order Approving Indirect Transfers of Control of Licenses requested in Reference 1.

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

A member of the STARS Alliance LLC

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102-08281-TNW/MDD ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Supplemental Information in Support of License Transfer Application - Specific Conditions Page 2



Sincerely, Digitally signed by Weber, Thomas Weber, Thomas N(Z00499)

DN: cn=Weber, Thomas N(Z00499)

N(Z00499) Reason: I am approving this document Date: 2021.05.14 16:33:47 -07'00' Thomas N. Weber Director, Nuclear Regulatory Affairs

Enclosure:

Conditions for Order Approving Indirect Transfers of Control of Licenses 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 (ADHS) -

Bureau of Radiation Control







ENCLOSURE CONDITIONS FOR ORDER APPROVING INDIRECT TRANSFERS OF CONTROL OF LICENSES 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



ENCLOSURE CONDITIONS FOR ORDER APPROVING INDIRECT TRANSFERS OF CONTROL OF LICENSES

 

Avangrid, Inc. must ensure that:

1. At the time of the indirect license transfer, Public Service Company of New Mexico (PNM) will implement the Negation Action Plan provided as Attachment 2 to Enclosure 1 of the Application for Order Approving Indirect Transfers of Control of Licenses dated December 2, 2020 (ADAMS Accession No. ML20337A344).

2. The sole shareholder of PNM must consent to amend the Bylaws of PNM to provide that authority over PNMs interests in Palo Verde be delegated to the President of PNM.

3. PNM shall provide thirty (30) days prior written notice to the Director, Office of Nuclear Reactor Regulation, before any further material amendment to Article IV, Section 2 of PNMs Bylaws.

4. The President of PNM must be a U.S. citizen.

5. The PNM President may delegate authority to one or more designated PNM representatives for Palo Verde co-owner matters, and these representatives also must be U.S. citizens under the supervision of the PNM President.

6. The amendment to the Bylaws must specifically provide that the sole shareholder or any of its parent companies cannot remove the PNM President or fail to reappoint the PNM President based upon a decision made with respect to Palo Verde.

 The PNM President must sign a certificate acknowledging the duties owed to the NRC and the United States regarding the prohibition of foreign ownership, control or domination of any reactor license.





STATE OF NEW MEXICO )

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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.

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'i?CJLfAL Patricia K. Collawn Subscribed and Sworn to before me this _!lth day of May, 2021

~o.1(&.f2o_;J6 Notary Public of the County of Bernalillo



  



  



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