[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Notices]
[Pages 34370-34371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13426]



[[Page 34369]]

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Part VIII





Nuclear Regulatory Commission





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Arizona Public Service Company et al.; Consideration of Approval of 
Application Regarding Proposed Corporate Restructuring of Public 
Service Company of New Mexico and Conforming Amendments, and 
Opportunity for a Hearing; Notice

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / 
Notices

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-528, stn 50-529, and STN 50-530]


Arizona Public Service Company, et al.; Palo Verde Nuclear 
Generating Station, Units 1, 2, and 3; Notice of Consideration of 
Approval of Application Regarding Proposed Corporate Restructuring of 
Public Service Company of New Mexico and Conforming Amendments, and 
Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
indirect transfer of Facility Operating Licenses Nos. NPF-41, NPF-51, 
and NPF-74 for the Palo Verde Nuclear Generating Station (Palo Verde), 
Units 1, 2, and 3, respectively, to the extent held by Public Service 
Company of New Mexico (PNM), one of seven joint owners or lessees of 
Palo Verde. The indirect transfers would occur in connection with a 
proposed corporate restructuring of PNM. The Commission is also 
considering approving conforming license amendments to reflect the 
proposed renaming of PNM, which is part of the restructuring plan for 
PNM. The facility is located in Maricopa County, Arizona.
    According to an application filed by PNM dated March 3, 2000, the 
proposed indirect transfers of the Palo Verde licenses as held by PNM 
would be to a newly created holding company, Manzano Corporation 
(Manzano). Manzano, which presently exists as a subsidiary of PNM, was 
formed to eventually become the holding company for PNM to implement 
the public utility restructuring requirements of the New Mexico 
Electric Utility Industry Restructuring Act of 1999. The proposed 
restructuring of PNM encompasses the formation of Manzano as a holding 
company, the transfer by PNM of its electric and gas transmission and 
distribution businesses to an affiliated company (with PNM and such 
affiliated company being under common control by Manzano), and a change 
in PNM's name to Manzano Energy Corporation (Manzano Energy).
    Arizona Public Service Company, the sole licensed operator of the 
facility, would remain as the managing agent for the joint owners or 
lessees of the facility and would continue to have exclusive 
responsibility for the management, operation, and maintenance of Palo 
Verde. The application does not propose a change in the rights, 
obligations, or interests of the other licensees of Palo Verde. In 
addition, no physical changes to Palo Verde or operational changes are 
being proposed.
    By letter dated April 26, 2000, Arizona Public Service Company 
submitted the associated conforming amendments request. The proposed 
amendments would reflect the change in the name of Public Service 
Company of New Mexico to Manzano Energy Corporation in the licenses.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The Commission will approve an application for the indirect 
transfer of a license if the Commission determines that the underlying 
transaction that will effectuate the indirect transfer will not affect 
the qualifications of the holder of the license, and that the transfer 
is otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming license amendments, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    By June 15, 2000, any person whose interest may be affected by the 
Commission's action on the application may request a hearing, and, if 
not the applicants, may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In addition, an 
untimely request or petition should address the factors that the 
Commission will also consider, in reviewing untimely requests or 
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon counsel for PNM, Matias F. Travieso-Diaz, Esq., Shaw 
Pittman, 2300 N Street, NW, Washington, DC 20037; the General Counsel, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555 (e-mail 
address for filings regarding license transfer cases only: 
<a href="/cdn-cgi/l/email-protection#94dbd3d7d8c0d4dac6d7baf3fbe2"><span class="__cf_email__" data-cfemail="29666e6a657d69677b6a074e465f">[email protected]</span></a>); and the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.1313.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, by June 26, 2000, persons may submit written comments 
regarding the license transfer application, as provided for in 10 CFR 
2.1305. The Commission will consider and, if appropriate, respond to 
these comments, but such comments will not otherwise constitute part of 
the decisional record. Comments should be submitted to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff, and should cite the 
publication date and page number of this Federal Register notice.
    For further details with respect to this action, see the license 
transfer application filed by PNM dated March 3, 2000, and the 
application for the proposed license amendments filed by the Arizona 
Public Service Company dated April 26, 2000, which are available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and accessible

[[Page 34371]]

electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site http://www.nrc.gov.

    Dated at Rockville, Maryland this 23rd day of May 2000.
    For the Nuclear Regulatory Commission.
Mel B. Fields,
 Project Manager, Section 2, Project Directorate IV & Decommissioning, 
Division of Licensing Project Management, Office of Nuclear Reator 
Regulation.
[FR Doc. 00-13426 Filed 5-25-00; 8:45 am]
BILLING CODE 7590-01-P


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