ML17310B191

Petition to Intervene of Public Utility Commission of Texas. W/Certificate of Svc

ML17310B191
Person / Time
Site:	Palo Verde
Issue date:	04/12/1994
From:	SCOGIN N K TEXAS, STATE OF
To:	NRC COMMISSION (OCM)
Shared Package
ML17310B189	List: ML17310B188 ML17310B191
References
FRN-59FR11813 NUDOCS 9404150066
Download: ML17310B191 (12)

Text

UNI'IZD STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMSSION ARIZONA PUBLIC SERVICE COMPANY DOCKET NOS.STN 50-528, 50-529, and 50-530 PETITION TO INTERVENE OF PUBLIC UTILITY COMMISSION OF TEXAS The Public Utility Commission of Texas (PUCT), pursuant to 10 C.F.R.g 2.714', hereby files its petition to intervene in the above proceeding.

1.Nature of proceeding.

Pursuant to the terms of an agreement between El Paso Electric Company (EPEC)and Central and South West Corporation

"(CSW)to merge, Arizona Public Ser vice Company and EPEC have filed the above proceedings.

They are requests that the Nuclear Regulatory Commission (NRC): (1)consent to the indirect transfer of control of EPEC's interest in certain operating licenses;and (2)0 amend two of those operating licenses to delete provisions relating to previous sale-leaseback arrangements.

By notice published March 14, 1994 at page 11813, Volume 59, No.49, of the Federal Register, the NRC has requested comment on the proposed transfer of control and the staff has requested comment on the antitrust issues raised by the proposed transactions.

2.Representative.

The Attorney General of Texas is authorized to represent the PUCT before federal agencies that regulate public utilities.

Public Utility PgR 180066 9yO~~~940415 ytrsc s9valxes 13 PDR i ef Regulatory Act (PURA), Tex.Rev.Civ.Stat.Ann.art.1446c, g 15 (Vernon Supp.1994).Service can be made on the following assistant attorneys general appearing on behalf of the PUCT: Norma K.Scogin Liz Bills Steven Baron Administrative Law Section , Energy Division P.O.Box 12548, Capitol Station Austin, Texas 78711-2548 (512)463-2003 Telecopier:

(512)320-0911 3.Interested party.The above counsel appear on behalf of: Public Utility Commission of Texas 7800 Shoal Creek Blvd., Suite 400-N Austin, Texas 78757 (512)458-0213 Telecopier:

(512)458-8340 4.=Interest.The above proceedings are~prerequisite to the proposed r merger of EPEC and CSV.The PUCT regulates public utilities in Texas to assure rates, operations, and services that are just and reasonable to consumers and utilities.

PURA$2.The PUCT is charged with protecting the public interest inherent in the rates and services of public utilities in Texas.Id.Five public utilities that'provide electricity to retail customers in Texas will be directly affected by the proposed merger.

I I I 1 1 The PUCT has jurisdiction over the utilities'exas retail rates and services.PURA g g 2, 16.There is currently pendirig before the PUCT an application under PURA g 63 for a finding that the merger is in the public interest and a request to increase EPEC's rates.As stated above, the NRC has requested public comment on possible antitrust implications of the proposed merger.If the NRC denies the requested relief, the merger will not take place.If the NRC conditions approval on some change in the terms of the merger, the PUCT's evaluation of the public interest question may be affected.The PUCT has a duty to participate in the above proceeding to ensure that the public interest is served.5.Request for Notice.The PUCT hereby requests that copies of notices in this matter be provided to the its attorneys and that they be included on the official service list of this proceeding.

Respectfully submitted, DAN MORALES Attorney General of Texas JORGE VEGA First Assistant Attorney General JAMES M.PHILLIPS Chief, Energy Division 1

Dated: April 12, 1994 NO K.SCOGIN LIZ BILLS STEVEN BARON Assistant Attorney General Administrative Law Section Energy Division P.O.Box 12548, Capitol Station Austin, Texas 78711-2548 (512)463-2003 Telecopier:

(512)320-0911 ATTORNEYS FOR PUBLIC UTILITY COMMISSION OF TEXAS

I certify that on this 12th day of April, 1994, a true and correct copy of the foregoing Notice of Appearance of Public Utility Commission of Texas has been sent by United States mail, postage prepaid, to all persons listed on the attached service list.NO K.SCOGIN

.Steve Olea Arizona Corporation Commission 1200 W.Washington Street Phoenix, Arizona 85007 Jack R.Newman Newman 8c Holtzinger 1615 L Street, N.W., Suite 1000 Washington, D.C.20036 James A.Beoletto Southern California Edison Company P.O.Box 800 Rosemead, California 91770 Senior Resident Inspector Palo Verde Nuclear Generating Station 5951 S.Wintersburg Road.Tonopah, Arizona 85354-7537 Regional Administrator, Region V U.S.Nuclear Regulatory commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596.Charles B.Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852.Aubrey V.Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Mark D.Roberson Federal Case Director.El Paso Transition Team Central and South West Corp.P.O.Box 660164 Dallas, Texas 75266-0164 Curtis Hoskins Executive Vice President and Chief Executive Operating'Officer El Paso Electric Company 303 North Oregon Street El Paso, Texas 79901 Roy P.Lessy, Jr.Akin, Gump, Strauss, Hauer and Feld 1333 New Hampshire Ave., Ste.400 Washington, D.C.20036 Ronald J.Stevens, Director Nuclear Regulatory Affairs Arizona Public Service Company P.O.Box 52034 Phoenix, Arizona 85072-2034 Eduardo A.Rodriguez Vice President, Secretary and Qneral Counsel El PRo Electric Company 303 North Oregon Street El Paso, Texas 79901 Chairman Maricopa County Board of Supervisors 111 South Third Ave.Phoenix, Arizona 85003 Clark Evans Downs Jones, Day Reavis 8c Pogue 1450 G Street, N.W.Washington, D.C.20005-2088

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