[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Pages 65885-65886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28125]


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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 
El Paso Electric Company 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 El Paso Electric 
Company (EPE), one of seven joint owners or lessees of Palo Verde. The 
indirect transfers would occur in connection with a proposed corporate 
restructuring of EPE. The Commission is also considering approving 
conforming license amendments to reflect the proposed renaming of EPE, 
which is part of the restructuring plan for EPE. The facility is 
located in Maricopa County, Arizona.
    According to a July 6, 2000, application filed by EPE, which was 
supplemented by a letter dated July 7, 2000, submitted by counsel for 
EPE, and a conforming amendment application dated October 3, 2000, 
submitted by Arizona Public Service Company, the licensed operator of 
Palo Verde, the proposed indirect transfers of the Palo Verde licenses 
as held by EPE would be to a newly created holding company, El Paso 
Electric Incorporated. El Paso Electric Incorporated will be created to 
implement the public utility restructuring requirements of the New 
Mexico Electric Utility Industry Restructuring Act of 1999, SB 428, 
NMSA 1978, Secs. 62-3A-1 through 23 (1999) (the ``Restructuring Act''). 
The proposed restructuring encompasses the formation of El Paso 
Electric Incorporated, EPE becoming a direct subsidiary of El Paso 
Electric Incorporated, and a change in EPE's name to MiraSol Generating 
Company. Also, EPE will transfer its transmission and distribution 
assets to a new transmission and distribution company.
    Arizona Public Service Company 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

[[Page 65886]]

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 October 3, 2000, Arizona Public Service Company 
submitted the associated conforming amendments request. The proposed 
amendments would reflect the change in the name of El Paso Electric 
Company to MiraSol Generating Company 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 November 22, 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 EPE, David B. Raskin, Esq., Steptoe & 
Johnson LLP, 1330 Connecticut Avenue, NW, Washington, DC 20036; 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#87c8c0c4cbd3c7c9d5c4a9e0e8f1"><span class="__cf_email__" data-cfemail="80cfc7c3ccd4c0ced2c3aee7eff6">[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 December 1, 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 EPE dated July 6, 2000, the supplemental 
letter dated July 7, 2000, from counsel for EPE, and the application 
for the proposed license amendments filed by the Arizona Public Service 
Company dated October 3, 2000, which are available for public 
inspection at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and accessible electronically through the ADAMS Public 
Electronic Reading Room link at the NRC Web site http://www.nrc.gov. 


    Dated at Rockville, Maryland, this 26th day of October 2000.
    For the Nuclear Regulatory Commission.
Girija S. Shukla,
Project Manager, Section 2, Project Directorate IV & Decommissioning 
Division of Licensing Project Management, Office of Nuclear Reactor 
Regulation.
[FR Doc. 00-28125 Filed 11-1-00; 8:45 am]
BILLING CODE 7590-01-P


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