29298 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices 

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, 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; 

order. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an Order 

approving the application dated 

December 2, 2020, as supplemented by 

letters dated February 26, 2021 and May 

14, 2021, filed by Arizona Public 

Service Company (APS), on behalf of 

Public Service Company of New Mexico 

(PNM), Avangrid, Inc. (Avangrid), and 

their corporate affiliates. The 

application sought NRC consent to the 

indirect transfer of 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 general license for 

the Palo Verde Independent Spent Fuel 

Storage Installation (ISFSI) (together, the 

Facility). No physical changes to the 

Facility or operational changes were 

proposed in the application. 

DATES: The Order was issued on May 

25, 2021, and is effective for 1 year. 

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: 

• 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 Schumann; 

telephone: 301–287–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• 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 pdr.resource@

nrc.gov. The license transfer Order and 

the NRC staff safety evaluation 

supporting the Order are available in 

ADAMS under ADAMS Package 

Accession No. ML21119A050. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov 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: 

Siva.Lingam@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Order is attached. 

Dated: May 25, 2021. 

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 Approving 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 Approving 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 

general license for the Palo Verde 

Independent Spent Fuel Storage 

Installation (ISFSI). Palo Verde is 

located in Maricopa County, Arizona. 

The other licensed co-owners (tenantsin-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 these 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 Title 10 of the Code of 

Federal Regulations (10 CFR) Sections 

50.80 and 72.50, that the U.S. Nuclear 

Regulatory Commission (NRC, the 

Commission) consent to the indirect 

transfer of PNM’s interests in Renewed 

Facility Operating License Nos. NPF–41, 

NPF–51, and NPF–74 for Palo Verde 

Units 1, 2, and 3, respectively, and the 

general license for the Palo Verde ISFSI 

to Avangrid. 

According to the application, PNM 

currently owns a 10.2 percent tenant-incommon interest and holds possessiononly rights in the NRC licenses. The 

proposed indirect license transfer would 

result from Avangrid acquiring PNM 

and its parent holding company as its 

subsidiaries, thereby owning 100 

percent of the shares in PNM. APS owns 

a 29.1 percent tenant-in-common 

interest and holds both operating and 

possession rights in the NRC licenses. 

Further, APS operates, and would 

continue to operate, each of the Palo 

Verde units and the ISFSI pursuant to 

the operating rights granted to it under 

the license of each Palo Verde unit. The 

remaining tenant-in-common co-owners 

that hold possession-only rights in the 

NRC licenses are: Salt River Project 

Agricultural Improvement and Power 

District (17.49 percent); Southern 

California Edison Company (15.8 

percent); El Paso Electric Company (15.8 

percent); Southern California Public 

Power Authority (5.91 percent); and Los 

Angeles Department of Water and Power 

(5.7 percent). The proposed transaction 

would implicate only an indirect 

upstream change in control over PNM’s 

possession-only rights in the NRC 

licenses. The proposed transaction 

would not involve or implicate any 

change in PNM’s rights and obligations 

under any of the NRC licenses, nor 

would it implicate APS’s or any other 

possession-only co-owners’ rights and 

obligations under any of the NRC 

licenses. 

No physical changes or operational 

changes are proposed in the application. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices 29299 

A notice of the application and 

opportunity to comment, request a 

hearing, and petition for leave to 

intervene on the application was 

published in the Federal Register (FR) 

on January 27, 2021 (86 FR 7310). The 

NRC did not receive any comments or 

hearing requests on the application. 

Under 10 CFR 50.80 and 10 CFR 

72.50, no license for a production or 

utilization facility or ISFSI, or any right 

thereunder, shall be transferred, either 

voluntarily or involuntarily, directly or 

indirectly, through transfer of control of 

the license to any person, unless the 

Commission gives its consent in writing. 

Upon review of the information in the 

application, and other information 

before the Commission, the NRC staff 

has determined that PNM can indirectly 

transfer its 10.2 percent tenant-incommon interest and possession-only 

rights in the NRC licenses to Avangrid. 

The proposed transferee is qualified to 

be the indirect holder of the licenses 

and the indirect transfer of the licenses 

is otherwise consistent with applicable 

provisions of law, regulations, and 

orders issued by the Commission 

pursuant thereto, subject to the 

condition set forth below. 

The findings set forth above are 

supported by an NRC staff safety 

evaluation dated the same date as this 

Order, which is available at ADAMS 

Accession No. ML21118B028. 

III 

Accordingly, pursuant to Sections 

161b, 161i, and 184 of the Atomic 

Energy Act of 1954, as amended, 42 

U.S.C. 2201(b), 2201(i), and 2234; and 

10 CFR 50.80 and 10 CFR 72.50, it is 

hereby ordered that the application 

regarding the proposed indirect license 

transfer is approved for Palo Verde 

Units 1, 2, and 3, and the Palo Verde 

ISFSI, subject to the following 

condition. 

Avangrid, Inc. must ensure that: 

1. At the time of the indirect license 

transfer, Public Service Company of New 

Mexico (‘‘PNM’’) will implement the 

Negation Action Plan provided as 

Attachment 2 to Enclosure 1 of the 

Application for Order Approving Indirect 

Transfers of Control of Licenses dated 

December 2, 2020 (ADAMS Accession No. 

ML20337A344). 

2. The sole shareholder of PNM must 

consent to amend the Bylaws of PNM to 

provide that authority over PNM’s interests 

in Palo Verde be delegated to the President 

of PNM. 

3. PNM shall provide thirty (30) days prior 

written notice to the Director, Office of 

Nuclear Reactor Regulation, before any 

further material amendment to Article IV, 

Section 2 of PNM’s Bylaws. 

4. The President of PNM must be a U.S. 

citizen. 

5. The PNM President may delegate 

authority to one or more designated PNM 

representatives for Palo Verde co-owner 

matters, and these representatives also must 

be U.S. citizens under the supervision of the 

PNM President. 

6. The amendment to the Bylaws must 

specifically provide that the sole shareholder 

or any of its parent companies cannot remove 

the PNM President or fail to reappoint the 

PNM President based upon a decision made 

with respect to Palo Verde. 

7. The PNM President must sign a 

certificate acknowledging the duties owed to 

the NRC and the United States regarding the 

prohibition of foreign ownership, control or 

domination of any reactor license. 

It is further ordered that after receipt 

of all required regulatory approvals of 

the proposed indirect transfer action, 

the Applicants shall inform the Director 

of the NRC Office of Nuclear Reactor 

Regulation in writing of such receipt, 

and of the date of the closing of the 

transfer, no later than 2 business days 

prior to the date of the closing of the 

transfer. Should the proposed indirect 

transfer not be completed within 1 year 

of the date of this Order, this Order shall 

become null and void, provided, 

however, that upon written application 

and for good cause shown, such date 

may be extended by order. The 

condition of this Order may be amended 

upon application by the Applicants and 

approval by the Director of the Office of 

Nuclear Reactor Regulation. 

This Order is effective upon issuance. 

For further details with respect to this 

Order, see the application dated 

December 2, 2020, as supplemented by 

letters dated February 26, 2021, and 

May 14, 2021, and the NRC staff’s safety 

evaluation dated the same date as this 

Order, which are available for public 

inspection electronically through 

ADAMS in the NRC Library at https:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems 

accessing the documents located in 

ADAMS should contact the NRC Public 

Document Room reference staff by 

telephone at 1–800–397–4209 or 301– 

415–4737 or by email to pdr.resource@

nrc.gov. 

Dated: May 25, 2021. 

For the Nuclear Regulatory Commission. 

/RA/ 

Caroline L. Carusone, 

Deputy Director, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2021–11433 Filed 5–28–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2021–0109] 

Applications and Amendments to 

Facility Operating Licenses and 

Combined Licenses Involving 

Proposed No Significant Hazards 

Considerations and Containing 

Sensitive Unclassified Non-Safeguards 

Information and Safeguards 

Information and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information and Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

notice of opportunity to comment, 

request a hearing, and petition for leave 

to intervene; order imposing 

procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) received and is 

considering approval of one amendment 

request. The amendment request is for 

Pilgrim Nuclear Power Station. For the 

amendment request, the NRC proposes 

to determine that it involves no 

significant hazards consideration 

(NSHC). Because the amendment 

request contains sensitive unclassified 

non-safeguards information (SUNSI) 

and safeguards information (SGI), an 

order imposes procedures to obtain 

access to SUNSI and SGI for contention 

preparation by person(s) who file a 

hearing request or petition for leave to 

intervene. 

DATES: Comments must be filed by July 

1, 2021. A request for a hearing or 

petitions for leave to intervene must be 

filed by August 2, 2021. Any potential 

party as defined in section 2.4 of title 10 

of the Code of Federal Regulations (10 

CFR) who believes access to SUNSI is 

necessary to respond to this notice must 

request document access by June 11, 

2021. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal Rulemaking website: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2021–0109. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 


jbell on DSKJLSW7X2PROD with NOTICES