[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Pages 29764-29766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10468]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-528, STN 50-529, STN 50-530, and 72-44; NRC-2021-
0031]


In the Matter of Arizona Public Service Company and Public 
Service Company of New Mexico; Palo Verde Nuclear Generating Station, 
Units 1, 2, and 3, and Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Indirect transfer of licenses; extending effectiveness of 
order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order to

[[Page 29765]]

extend until May 25, 2023, the effectiveness of a May 25, 2021, order, 
which approved the indirect transfer of Public Service Company of New 
Mexico's (PNM's) interests in Renewed Facility Operating License Nos. 
NPF-41, NPF-51, and NPF-74 for the Palo Verde Nuclear Generating 
Station (Palo Verde), Units 1, 2, and 3, respectively, and the 
associated general license for the Palo Verde independent spent fuel 
storage installation to Avangrid, Inc.

DATES: The order was issued on May 10, 2022, and was effective upon 
issuance.

ADDRESSES: Please refer to Docket ID NRC-2021-0031 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0031. Address 
questions about Docket IDs in Regulations.gov to Stacy Schuman; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#47143326243e6914242f322a26290729352469202831"><span class="__cf_email__" data-cfemail="8cdff8edeff5a2dfefe4f9e1ede2cce2feefa2ebe3fa">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#d5859187fb87b0a6baa0a7b6b095bba7b6fbb2baa3"><span class="__cf_email__" data-cfemail="164652443844736579636475735678647538717960">[email protected]</span></a>. The written application for extending 
the effectiveness of the indirect transfer order is available in ADAMS 
under Accession No. ML22040A068. The order extending the effectiveness 
of the approval of the indirect transfer of licenses is available in 
ADAMS under Accession No. ML22101A256.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#c8988c9ae69aadbba7bdbaabad88a6baabe6afa7be"><span class="__cf_email__" data-cfemail="4c1c081e621e293f23393e2f290c223e2f622b233a">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Siva P. Lingam, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1564; email: <a href="/cdn-cgi/l/email-protection#10437966713e5c797e77717d507e62733e777f66"><span class="__cf_email__" data-cfemail="72211b04135c3e1b1c15131f321c00115c151d04">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: May 11, 2022.

    For the Nuclear Regulatory Commission.
Siva P. Lingam,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Order Extending the Effectiveness of the Approval of the 
Indirect Transfer of Licenses

United States of America

Nuclear Regulatory Commission

    In the Matter of: Arizona Public Service Company, Public Service 
Company of New Mexico, Palo Verde Nuclear Generating Station, Units 1, 
2, 3, and Independent Spent Fuel Storage Installation.

Docket Nos.: STN 50-528, STN 50-529, STN 50-530, and 72-44
License Nos.: NPF-41, NPF-51, and NPF-74

Order Extending the Effectiveness of the Approval of the Indirect 
Transfer of Licenses

I

    Arizona Public Service Company (APS) is the licensed operator and a 
licensed co-owner of Renewed Facility Operating License Nos. NPF-41, 
NPF-51, and NPF-74 for the Palo Verde Nuclear Generating Station (Palo 
Verde), Units 1, 2, and 3, respectively, and the associated general 
license for the Palo Verde independent spent fuel storage installation 
(the licenses). Palo Verde is located in Maricopa County, Arizona. The 
other licensed co-owners (tenants-in-common), Salt River Project 
Agricultural Improvement and Power District; Southern California Edison 
Company; El Paso Electric Company; Public Service Company of New Mexico 
(PNM); Southern California Public Power Authority; and Los Angeles 
Department of Water and Power, hold possession-only rights for the 
licenses (i.e., they are not licensed to operate the facility).

II

    By application dated December 2, 2020 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML20337A344), as 
supplemented by letters dated February 26, 2021, and May 14, 2021 
(ADAMS Accession Nos. ML21061A156 and ML21134A244, respectively), APS, 
on behalf of PNM, Avangrid, Inc. (Avangrid), and their corporate 
affiliates (together, the applicants), requested, pursuant to Section 
184 of the Atomic Energy Act of 1954, as amended, and Title 10 of the 
Code of Federal Regulations (10 CFR) Sections 50.80, ``Transfer of 
licenses,'' and 72.50, ``Transfer of license,'' that the U.S. Nuclear 
Regulatory Commission (NRC, the Commission) consent to the indirect 
transfer of PNM's 10.2 percent tenant-in-common interest and 
possession-only rights in the licenses to Avangrid. By indirect 
transfer order dated May 25, 2021, the Commission consented to this 
indirect transfer. By its terms, the indirect transfer order becomes 
null and void if the transfer is not completed within 1 year (i.e., by 
May 25, 2022), provided, however, that upon written application and for 
good cause shown, such date may be extended by order.

III

    By letter dated February 8, 2022 (ADAMS Accession No. ML22040A068), 
the applicants submitted a written application to extend the 
effectiveness of the indirect transfer order by 1 year, until May 25, 
2023. As stated in the application, 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 the 
proposed indirect transfer. The applicants have obtained all other 
required regulatory approvals, but they cannot proceed with the 
transfer without the approval of the NMPRC. On January 3, 2022, the 
applicants filed a Notice of Appeal of the NMPRC order to the Supreme 
Court of New Mexico. It is not expected, however, that these further 
legal proceedings will be resolved within the one-year effectiveness of 
the indirect transfer order (i.e., by May 25, 2022). The extension 
would allow adequate time for the applicants to obtain the required 
regulatory approval and consummate the transfer.
    Based on the above, the NRC staff has determined that the 
applicants have shown good cause for extending the effectiveness of the 
indirect transfer order by 1 year, as requested.

IV

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended, 42 U.S.C. Sections 2201(b), 2201(i), 
and 2234; and 10 CFR 50.80 and 10 CFR 72.50, it is hereby ordered that 
the effectiveness of the indirect transfer order dated May 25, 2021, is 
extended until May 25, 2023. Should the subject indirect license 
transfer from PNM to Avangrid not be completed by May 25, 2023, the 
indirect transfer order shall

[[Page 29766]]

become null and void, provided, however, that upon written application 
and for good cause shown, such date may be extended by order.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the written 
application for extension dated February 8, 2022, which is available 
electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html under Accession No. ML22040A068. Persons who 
encounter problems with ADAMS should contact the NRC's Public Document 
Room reference staff by telephone at 1-800-397-4209 or 301-415-4737 or 
by email to <a href="/cdn-cgi/l/email-protection#89d9cddba7dbecfae6fcfbeaecc9e7fbeaa7eee6ff"><span class="__cf_email__" data-cfemail="441400166a1621372b31362721042a36276a232b32">[email protected]</span></a>.

    Dated: May 10, 2022.

    For the Nuclear Regulatory Commission.

/RA/
Gregory F. Suber,
Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2022-10468 Filed 5-13-22; 8:45 am]
BILLING CODE 7590-01-P


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