Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77047

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. STN 50–528, STN 50–529, and

STN 50–530]

In the Matter of El Paso Electric

Company (Palo Verde Nuclear

Generating Station, Units 1, 2, and 3);

Order Approving Application

Regarding Proposed Corporate

Restructuring and Approving

Conforming Amendments

I

El Paso Electric Company (EPE) holds

minority ownership interests (both

owned and leased) in Palo Verde

Nuclear Generating Station (Palo Verde),

Units 1, 2, and 3, and in connection

therewith is a holder of Facility

Operating Licenses Nos. NPF–41, NPF–

51, and NPF–74 for Palo Verde. The

facility is located in Maricopa County,

Arizona. Other co-licensees for Palo

Verde are Arizona Public Service

Company (APS) (owner or lessee of 29.1

percent share of each of the three units),

Salt River Project Agricultural

Improvement and Power District (owner

of a 17.49 percent share), Public Service

Company of New Mexico (owner of a

10.2 percent share), Southern California

Edison Company (owner of a 15.8

percent share), Southern California

Public Power Authority (owner of a 5.91

percent share), and Los Angeles

Department of Water and Power (owner

of a 5.7 percent share). By letter dated

September 29, 2000, the Commission

approved the indirect transfer of the

Public Service Company of New Mexico

licenses to a new holding company, and

a change of its name to Manzano Energy

Corporation. The name change will

become effective at the time the

restructuring of Public Service Company

of New Mexico is completed. APS is the

licensed operator of the Palo Verde

units. The remaining licensees hold

possession-only licenses.

II

Pursuant to Section 184 of the Atomic

Energy Act of 1954, as amended, and 10

CFR 50.80, EPE filed an application

dated July 6, 2000, as supplemented by

letter dated July 7, 2000, from counsel

for EPE, requesting approval of the

indirect transfer of the Palo Verde

licenses, to the extent held by EPE, to

a new holding company, El Paso

Electric Incorporated. El Paso Electric

Incorporated was created to implement

the public utility restructuring

requirements of the New Mexico

Electric Utility Industry Restructuring

Act of 1999, SB 428, NMSA 1978,

§§ 62–3A–1 through 23 (1999). The

proposed restructuring involves 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.

By application dated October 3, 2000,

APS requested approval, pursuant to 10

CFR 50.90, of proposed conforming

amendments to reflect in the Palo Verde

licenses the name change of EPE to

MiraSol Generating Company that will

occur in connection with the

restructuring. APS will retain its

existing ownership interest in, and

remain the licensed operator of, Palo

Verde, after the restructuring of EPE,

and is not otherwise involved in the

restructuring. Similarly, none of the

other co-licensees are involved in the

restructuring of EPE. No physical

changes to the facility or operational

changes are proposed in the

applications filed by EPE and APS.

Notice of the applications and an

opportunity for hearing was published

in the Federal Register on November 2,

2000 (65 FR 65885, as corrected at 65 FR

70637). No written comments or hearing

requests were filed. Under 10 CFR 50.80, no license shall

be transferred, directly or indirectly,

through transfer of control of the

license, unless the Commission gives its

consent in writing. Upon review of the

information provided by EPE in its

application, the supplement thereto,

and other information before the

Commission, the NRC staff has

determined that the proposed

restructuring will not affect the

qualifications of EPE to hold the

licenses referenced above to the same

extent now held by EPE, and that the

indirect transfer of the licenses, to the

extent effected by the restructuring, is

otherwise consistent with applicable

provisions of law, regulations, and

orders issued by the Commission,

subject to the conditions set forth

herein. The NRC staff has further found

that the application for the proposed

license amendments complies with the

standards and requirements of the

Atomic Energy Act of 1954, as amended,

and the Commission’s rules and

regulations set forth in 10 CFR Chapter

I; the facility will operate in conformity

with the application, the provisions of

the Act and the rules and regulations of

the Commission; there is reasonable

assurance that the activities authorized

by the proposed license amendments

can be conducted without endangering

the health and safety of the public and

that such activities will be conducted in

compliance with the Commission’s

regulations; the issuance of the

proposed license amendments will not

be inimical to the common defense and

security or to the health and safety of

the public; and the issuance of the

proposed amendments will be in

accordance with 10 CFR part 51 of the

Commission’s regulations and all

applicable requirements have been

satisfied. These findings are supported

by a safety evaluation dated December

4, 2000.

III

Accordingly, pursuant to sections

161b, 161i, 161o, and 184 of the Atomic

Energy Act of 1954, as amended, 42

USC 2201(b), 2201(i), 2201(o), and 2234;

and 10 CFR 50.80, It Is Hereby Ordered

that the application regarding the

proposed restructuring of EPE and

indirect license transfers is approved,

subject to the following conditions:

1. MiraSol Generating Company shall

continue to provide decommissioning

funding assurance, to be held in its

decommissioning trusts for Palo Verde

Nuclear Generating Station, Units 1, 2,

and 3, from the date of the indirect

license transfers, as represented in the

respective July 6, 2000, application. In

addition, MiraSol Generating Company

will ensure that its contractual

arrangements with its transmission and

distribution affiliate to obtain necessary

decommissioning funds for Palo Verde

through nonbypassable charges will be

established and maintained until the

decommissioning trust is fully funded.

2. MiraSol Generating Company shall

enter into an agreement with its

transmission and distribution affiliate

that shall require the deposit of funds

collected for decommissioning funding

from wires charges into MiraSol

Generating Company’s

decommissioning trust accounts. A copy

of the agreement shall be forwarded to

the NRC before the completion of the

proposed restructuring of EPE.

3. MiraSol Generating Company shall

take all necessary steps to ensure that

the decommissioning trusts are

maintained in accordance with the July

6, 2000, application, as supplemented,

and the requirements of this Order

approving the respective indirect

transfers, and consistent with the safety

evaluation supporting this Order.

4. MiraSol Generating Company shall

inform the Director of the Office of

Nuclear Reactor Regulation, within 30

days of approval by, respectively, the

Texas Public Utilities Commission and

the New Mexico Public Regulation

Commission, of the nonbypassable

charge mechanism of recovering

decommissioning costs. Within such 30-

day period, MiraSol Generating

Company shall state the total

decommissioning costs subject to

nonbypassable charge recovery and the

schedule for funding decommissioning

costs.

77048 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

It Is Further Ordered that, consistent

with 10 CFR 2.1315(b), license

amendments, as indicated in Enclosure

2 to the cover letter forwarding this

Order, to reflect the subject

restructuring action and conditions of

this Order are approved. The

amendments shall be issued and made

effective at the time the proposed

restructuring action is completed.

This Order is effective upon issuance.

For further details with respect to this

action, see the application dated July 6,

2000, supplemental submittals dated

July 7 and October 3, 2000, and the

safety evaluation dated December 4,

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 on the NRC Web site

(http://www.nrc.gov).

Dated at Rockville, Maryland, this 4th day

of December 2000.

For the Nuclear Regulatory Commission.

Roy P. Zimmerman,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–31294 Filed 12–7–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 72–9 and 72–20]

Department of Energy; Fort St. Vrain

and Three Mile Island, Unit 2,

Independent Spent Fuel Storage

Installations; Notice of Docketing of

Materials Licenses SNM–2504 and

SNM–2508 Amendment Applications

By letter dated August 30, 2000, the

U.S. Department of Energy (DOE)

submitted an application to the Nuclear

Regulatory Commission (NRC or the

Commission), in accordance with 10

CFR Part 72, requesting the amendment

of the Fort St. Vrain (FSV) and Three

Mile Island, Unit 2 (TMI–2)

independent spent fuel storage

installation (ISFSI) licenses, SNM–2504

and SNM–2508, respectively. The FSV

ISFSI is located at Weld County,

Colorado, and the TMI–2 ISFSI is

located at Idaho Falls, Idaho. In

accordance with the requirements of 10

CFR 73.21(h), DOE is seeking

Commission approval to use a new plan

for safeguards information protection for

both ISFSIs. The requested changes do

not appear to affect the design,

operation, maintenance, or surveillance

of the ISFSIs.

These applications were docketed

under 10 CFR Part 72; the ISFSI Docket

No. for FSV is 72–9 and the Docket No.

for TMI–2 is 72–20 and will remain the

same for these actions. The amendment

of both ISFSI licenses are subject to the

Commission’s approval and may take

place under separate actions.

The Director, Office of Nuclear

Material Safety and Safeguards, or his

designee, will determine if the

amendments present a genuine issue as

to whether public health and safety will

be significantly affected and may issue

either a notice of hearing or a notice of

proposed action and opportunity for

hearing in accordance with 10 CFR

72.46(b)(1) or take immediate action on

the amendments in accordance with 10

CFR 72.46(b)(2).

For further details with respect to this

application, see the application dated

August 30, 2000, which is available for

public inspection at the Commission’s

Public Document Room, One White

Flint North Building, 11555 Rockville

Pike, Rockville, MD, or from the

publicly available records component of

NRC’s document system (ADAMS).

ADAMS is accessible from the NRC Web

site at http://www.nrc.gov/NRC/

ADAMS/index.html (the Public

Electronic Reading Room).

Dated at Rockville, Maryland, this 30th day

of November 2000.

For the Nuclear Regulatory Commission.

E. William Brach,

Director, Spent Fuel Project Office, Office of

Nuclear Material Safety and Safeguards.

[FR Doc. 00–31293 Filed 12–7–00; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 35–27288]

Filings Under the Public Utility Holding

Company Act of 1935, as Amended

(‘‘Act’’)

December 1, 2000.

Notice is hereby given that the

following filing(s) has/have been made

with the Commission pursuant to

provisions of the Act and rules

promulgated under the Act. All

interested persons are referred to the

application(s) and/or declaration(s) for

complete statements of the proposed

transaction(s) summarized below. The

application(s) and/or declaration(s) and

any amendment(s) is/are available for

public inspection through the

Commission’s Branch of Public

Reference.

Interested persons wishing to

comment or request a hearing on the

application(s) and/or declaration(s)

should submit their views in writing by

December 26, 2000, to the Secretary,

Securities and Exchange Commission,

Washington, DC 20549–0609, and serve

a copy on the relevant applicant(s) and/

or declarant(s) at the address(es)

specified below. Proof of service (by

affidavit or, in the case of an attorney at

law, by certificate) should be filed with

the request. Any request for hearing

should identify specifically the issues of

facts or law that are disputed. A person

who so requests will be notified of any

hearing, if ordered, and will receive a

copy of any notice or order issued in the

matter. After December 26, 2000, the

application(s) and/or declaration(s), as

filed or as amended, may be granted

and/or permitted to become effective.

National Fuel Gas Company, et al.

(70–9525)

National Fuel Gas Company (‘‘NFG’’),

10 Lafayette Square, Buffalo, New York

14203, a registered holding company

under the Act, and its nonutility

subsidiaries National Fuel Gas Supply

Corporation (‘‘Supply’’), 10 Lafayette

Square, Buffalo, New York 14203;

National Fuel Resources, Inc.

(‘‘Resources’’), 165 Lawrence Bell Drive,

Suite 120, Williamsville, New York

14221; Seneca Resources Corporation

(‘‘Seneca’’); and Upstate Energy, Inc.

(‘‘Upstate Energy,’’ and together with

Supply, Resources and Seneca, the

‘‘Nonutility Subsidiaries’’), both located

at 1201 Louisiana Street, Suite 400,

Houston, Texas 77002, have filed a posteffective amendment, under sections

9(a) and 10 of the Act and rule 54 under

the Act, to a previously filed

application.

By order dated December 16, 1999

(Holding Co. Act Release No. 27144)

(‘‘Prior Order’’), the Commission

authorized NFG through its Nonutility

Subsidiaries, to acquire the equity and

debt securities of one or more

companies that are engaged in, or that

are formed to engage in, certain

categories of nonutility gas-related

operations outside the United States

(‘‘Foreign Energy Affiliates’’) through

December 31, 2003 (‘‘Authorization

Period’’). Specifically, the Commission

authorized NFG and the Nonutility

Subsidiaries to invest up to $300

million (‘‘Investment Limitation’’)

during the Authorization Period in the

securities of Foreign Energy Affiliates.

NFG and the Nonutility Subsidiaries

now request that the Investment

Limitation be increased to $800 million.

In accordance with the Prior Order,

Seneca formed National Fuel

Exploration Corporation

(‘‘Exploration’’), which is NFG’s only