ML17310B204

Petition to Intervene of Public Utility Commission of Tx

ML17310B204
Person / Time
Site:	Palo Verde
Issue date:	04/12/1994
From:	Scogin N TEXAS, STATE OF
To:	NRC COMMISSION (OCM)
Shared Package
ML17310B203	List: ML17310B202 ML17310B204
References
NUDOCS 9404150215
Download: ML17310B204 (12)

Text

UNITEDSTATES OF AMERICA BEFORE THE NUCLEARREGULATORYCOMMISSION ARIZONAPUBLIC SERVICE COMPANY DOCKETNOS. STN 50-528, 50-529, and 50-530 PETITIONTO INTERVENEOF PUBLICUTILITYCOMMISSION OF TEXAS The Public UtilityCommission ofTexas (PUCT), pursuant to 10 C.F.R. $ 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 So'uth West Corporation (CSW) to merge, Arizona Public Service 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) amend two of those operating licenses to delete provisions relating to previous sale-leaseback arrangements.

By notice published March 14, 1994 at page 11S13, 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.

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Representative.

The Attorney General of Texas is authorized to represent the PUCT before federal agencies that regulate public utilities. Public Utility 9404iS02iS 9404i2 PDR ADOCK OS000528 P

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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 ofthe PUCT:

Norma K. Scogin LizBills 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 UtilityCommission ofTexas 7800 Shoal Creek Blvd., Suite 400-N Austin, Texas 78757 (512) 458-0213 Telecopier: (512) 458-8340 4.

Interest.

The above proceedings are a prerequisite to the proposed merger of EPEC and CSW.

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 willbe directly affected by the proposed merger.

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The PUCT has jurisdiction over the utilities'exas retail rates and services.

PURA $ g 2, 16.

There is currently pending 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 ofthe proposed merger. Ifthe NRC denies the requested relief, the merger willnot take place. Ifthe NRC conditions approval on some change in the terms ofthe 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 ofnotices in this matter be provided to the its attorneys and that they be included on the official service listofthis proceeding.

Respectfully submitted, DANMORALES Attorney General ofTexas JORGE VEGA First Assistant Attorney General JAMES M. PHILLIPS Chief, Energy Division

Dated: April 12, 1994 NORMAK. SCOG LIZBILLS 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

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I certify that on this 12th day of April, 1994, a true and correct copy of the foregoing Notice of Appearance of Public UtilityCommission of Texas has been sent by United States mail, postage prepaid, to all persons listed on the attached service list.

N RMAK.SCOGIN

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Steve Olea Arizona Corporation Commission 1200 W. Washington Street Phoenix, Arizona 85007 Jack R. Newman Newman &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 General Counsel El Paso Electric Company 303 North Oregon Street EI Paso, Texas 79901 Chairman Maricopa County Board of Supervisors 111 South Third Ave.

Phoenix, Arizona 85003 Clark Evans Downs Jones, Day Reavis &Pogue 1450 G Street, N.W.

Washington, D.C. 20005-2088

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