ML23041A441

Application for Extension of Order Approving Indirect Transfer of Licenses

ML23041A441
Person / Time
Site:	Palo Verde
Issue date:	02/10/2023
From:	Cox M Arizona Public Service Co
To:	Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk
References
102-08570-MSC/CJS
Download: ML23041A441 (1)

Text

10 CFR 50.80 10 CFR 72.50 Palo Verde Nuclear Generating Station 5871 S. Wintersburg Road Tonopah, AZ 85354 102-08570-MSC/CJS February 10, 2023 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

REFERENCES:

1. Letter dated December 2, 2020, from T. Weber to Document Control Desk [Agencywide Documents Access and Management System (ADAMS) Accession No. ML20337A344]

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

3. Letter dated February 8, 2022, from K. Gil to Document Control Desk (ADAMS Accession No. ML22040A068)

4. Order Extending the Effectiveness of the Approval of the Indirect Transfer of Licenses, dated May 10, 2022 (ADAMS Accession No. ML22101A256)

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, and 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 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 2, the NRC staff issued the requested Order approving the proposed indirect transfer of PNMs co-owner licenses for PVNGS. In Reference 3, Applicants requested that the NRC Order, dated May 25, 2021, be extended for good cause. In Reference 4, the NRC staff issued the requested Order extending the NRC May 25, 2021, Order until May 25, 2023. 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 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.

A member of the STARS Alliance, LLC Callaway

• Diablo Canyon

• Palo Verde

• Wolf Creek

102-08570-MSC/CJS ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Application for Extension of Order Approving Indirect Transfer of Licenses Page 2 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.

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. All briefs have been submitted to the New Mexico Supreme Court, and Applicants are waiting for a decision or further action on their appeal. If they succeed in that appeal, it is expected that the case would be remanded back to the NMPRC for further proceedings consistent with the Supreme Courts decision. There is no deadline for that decision; however, it is not expected that these steps will all be accomplished and resolved by May 25, 2023.

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 staff to issue an Order extending the effectiveness of the NRC May 25, 2021, Order for one additional year.

Applicants respectfully request that the NRC staff issue an Order extending the May 25, 2021, approval of indirect transfer of licenses through May 25, 2024.

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

Sincerely, Cox, Matthew Digitally signed by Cox, Matthew S(Z05628)

Date: 2023.02.10 13:03:26 S(Z05628) -07'00' Matthew S. Cox Licensing Department Leader MSC/CJS/cr cc: S. A. Morris NRC Region IV Regional Administrator D. J. Galvin NRC NRR Project Manager for PVNGS L. N. Merker NRC Senior Resident Inspector for PVNGS B. D. Goretzki Arizona Department of Health Services - Bureau of Radiation Control