In the Matter of Arizona Public Service Company; Salt River Project Agricultural Improvement and Power District; Public Service Company of New Mexico; Palo Verde Nuclear Generating Station, Units 1 and 2; and Independent Spent Fuel Storage Installation, 59432-59434 [2021-23346]
Download as PDF
<![CDATA[
59432
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
Interested parties are invited to
submit written data, comments, or
views with respect to this permit
application by November 26, 2021. This
application may be inspected by
interested parties at the Permit Office,
address below.
ADDRESSES: Comments should be
addressed to Permit Office, Office of
Polar Programs, National Science
Foundation, 2415 Eisenhower Avenue,
Alexandria, Virginia 22314 or
ACApermits@nsf.gov.
FOR FURTHER INFORMATION CONTACT:
Polly Penhale, ACA Permit Officer, at
the above address, 703–292–8030.
SUPPLEMENTARY INFORMATION: The
National Science Foundation, as
directed by the Antarctic Conservation
Act of 1978 (Pub. L. 95–541, 45 CFR
670), as amended by the Antarctic
Science, Tourism and Conservation Act
of 1996, has developed regulations for
the establishment of a permit system for
various activities in Antarctica and
designation of certain animals and
certain geographic areas as requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
DATES:
lotter on DSK11XQN23PROD with NOTICES1
Application Details
Permit Application: 2022–014
1. Applicant: Nicole Abbot, VicePresident, Wilderness Travel, 1102
Ninth St., Berkley, CA 94710
Activity for Which Permit is
Requested: Waste management. The
applicant seeks an Antarctic
Conservation Act permit for waste
management activities associated with
the use of unmanned aerial systems
(UASs) in Antarctica. The applicant
proposes using quadcopter UAS for
commercial filmmaking purposes in
areas surrounding South Georgia Island
and the Antarctic Peninsula. UAS are
only to be flown by pilots with
extensive experience in the proposed
regions. The applicant includes various
mitigation measures to limit potential
impacts to the environment. These
measures include the following: Safety
measures that minimize the risk of
equipment failure, using observers to
maintain visual line of sight with the
aircraft and to aid in possible retrieval,
not flying above any concentrations of
wildlife and disinfecting UAVs after
flight to prevent possible contamination
between operation sites. The applicant
seeks a waste permit to cover any
accidental release that may result from
UAS use.
Location: Antarctic Peninsula Region.
Dates of Permitted Activities:
November 23, 2021–December 12, 2021.
VerDate Sep<11>2014
16:47 Oct 26, 2021
Jkt 256001
Permit Application: 2022–019
2. Applicant: Walter Barinaga, Crystal
Destination Experiences, 1501
Biscayne Blvd. #501, Miami FL,
33132
Activity for Which Permit is
Requested: Waste management. The
applicant seeks an Antarctic
Conservation Act permit for waste
management activities associated with
the use of Unmanned Aerial Systems
(UAS) activities in the Antarctic. UAS
will be flown by experienced, approved
pilots for educational, marketing, and
commercial purposes only. Flights will
be conducted in fair weather conditions
with wind speeds under 25 knots. UAS
will not be flown over any
concentrations of wildlife or Antarctic
Specially Protected Areas or Historical
Sites and Monuments. Observers will be
present during all flights and will
always maintain a visual line of sight
with the aircraft. The applicant seeks a
waste permit to cover any accidental
release that may occur as the result of
UAS activities.
Location: Antarctic Peninsula Region.
Dates of Permitted Activities:
December 1, 2021–March 31, 2022.
Permit Application: 2022–020
3. Applicant: David Rootes, Antarctic
Logistics & Expeditions, 4741 S
Commerce Dr., Salt Lake City, UT
84107
Activity for Which Permit is
Requested: Waste Management.
Antarctic Logistics & Expeditions, LLC
(ALE) seeks an Antarctic Conservation
permit for waste management activities
associated with logistics and tourism
activities to be conducted in Antarctica.
The applicant plans to operate a remote
camp at Union Glacier, Antarctica, and
provide logistical support services for
scientific and other expeditions, film
crews, and tourists. These activities
include aircraft support, cache
positioning, camp and field support,
resupply, search and rescue, medevac,
medical support, and logistic support
for some National Operators. Operations
will be centered around a main camp
located on Union Glacier that is
adjacent to a blue-ice runway. The blueice runway is a natural feature that
requires limited amount of preparation
and upkeep for aircraft use. There are
standard programs offered on a regular
basis including: Climbing trips to
Vinson Massif, the Ellsworth
Mountains, and the Transantarctic
Mountains; ski trips to the Ellsworth
Mountains and the Geographic South
Pole; ice marathons and sky diving at
Union Glacier; and flights to the
Geographic South Pole and the emperor
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
penguin colony at Gould Bay. Several
aircraft will be operated by ALE
throughout the Antarctic and may
consist of the following: Ilyushin IL–
76TD90, Boeing 767–300ER, Douglas
DC3–TP67, Gulfstream G550, Dassault
Falcon 7X, Dassault Falcon 900EX, and
De Havilland DHC–6 Twin Otter. ALE
plans to allow clients to fly Unmanned
Aerial Vehicles (UAV) provided their
plan meets certain requirements,
including ALE’s standard operating
procedures, IATTO UAV policy, and
civil aviation authority regulations
(ICAO, FAA, CAA).
Location: Activities are centered
around union glacier and in the general
area surrounding the Patriot Hills and
Ellsworth Mountains. Amundsen-Scott
South Pole Station and Gould Bay.
General routes from Hercules Cove to
South Pole, Berkner Island to South
Pole, and Ross Ice Shelf to South Pole.
Dates of Permitted Activities:
November 30, 2021–February 2, 2026.
Erika N. Davis,
Program Specialist, Office of Polar Programs.
[FR Doc. 2021–23364 Filed 10–26–21; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. STN 50–528, STN 50–529, and
72–44; NRC–2021–0126]
In the Matter of Arizona Public Service
Company; Salt River Project
Agricultural Improvement and Power
District; Public Service Company of
New Mexico; Palo Verde Nuclear
Generating Station, Units 1 and 2; and
Independent Spent Fuel Storage
Installation
Nuclear Regulatory
Commission.
ACTION: Transfers of control of licenses;
order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
approving the application dated May 19,
2021, as supplemented by letter dated
September 14, 2021, filed by Arizona
Public Service Company (APS), on
behalf of Salt River Project Agricultural
Improvement and Power District (SRP)
and Public Service Company of New
Mexico (PNM). The application sought
NRC consent to the partial transfers of
Renewed Facility Operating License
Nos. NPF–41 and NPF–51 for Palo
Verde Nuclear Generating Station (Palo
Verde), Units 1 and 2, respectively, and
the general license for the Palo Verde
Independent Spent Fuel Storage
Installation (ISFSI). Specifically, it
SUMMARY:
E:\FR\FM\27OCN1.SGM
27OCN1
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
sought NRC consent to the transfers
from PNM to SRP of a 7.9333330
percent share of the undivided interests
in Palo Verde, Unit 1, and of a
0.7933333 percent share of the
undivided interests in Palo Verde Unit
2. No physical changes or operational
changes were proposed in the
application.
The Order was issued on October
21, 2021, and is effective for 1 year.
DATES:
Please refer to Docket ID
NRC–2021–0126 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–2021–0126. 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. ML21245A072.
• 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.
ADDRESSES:
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.
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated: October 21, 2021.
VerDate Sep<11>2014
16:47 Oct 26, 2021
Jkt 256001
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
Transfers of Control of Licenses
United States of America
Nuclear Regulatory Commission
In the Matter of: Arizona Public Service
Company, Salt River Project Agricultural
Improvement and Power District, Public
Service Company of New Mexico, Palo Verde
Nuclear Generating Station, Units 1 and 2,
and Independent Spent Fuel Storage
Installation.
Docket Nos. STN 50–528, STN 50–529, and
72–44.
License Nos. NPF–41 and NPF–51.
Order Approving Transfers of Control
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 (SRP); 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 May 19, 2021, as
supplemented by letter dated September
14, 2021 (Agencywide Documents
Access and Management System
(ADAMS) Accession Nos.
ML21139A330 and ML21257A399,
respectively), APS, on behalf of SRP and
PNM (together, the Applicants),
requested, pursuant to 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 partial license transfers
from PNM to SRP of a 7.9333330
percent share of the undivided interests
in Palo Verde, Unit 1, and of a
0.7933333 percent share of the
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
59433
undivided interests in Palo Verde, Unit
2.
According to the application, PNM
currently has a 10.2 percent possessiononly interest in Palo Verde, Units 1, 2,
and 3. While most of this interest is
directly owned by PNM, the remainder,
specifically the Unit 1 interests and Unit
2 interests, is leased from financial
institutions pursuant to sale-leaseback
transactions PNM executed in 1985 and
1986 with investment and banking
firms. As the lessee, PNM retained all
the leasehold and control rights and
responsibility associated therewith. The
NRC consented to these sale-leaseback
transactions (ADAMS Accession No.
ML021680489). Under the terms of
these past transactions, the Unit 1
interests and the Unit 2 interests are
currently held in trust and leased to
PNM pursuant to the NRC’s prior
orders, license amendments, and
creditor regulations in accordance with
10 CFR 50.81, ‘‘Creditor regulations.’’
The sale-leaseback transactions were
structured so that although the
investment and banking firms own the
Unit 1 interests and the Unit 2 interests,
none has direct or indirect controlling
interest in Palo Verde. Instead, under
the leases, PNM retains leasehold and
control rights and responsibility under
the NRC licenses for these interests.
According to the application, PNM
entered into a total of 11 sale-leaseback
transactions refinancing portions of its
interests in Palo Verde, Units 1 and 2.
Six leases have since expired, leaving
five remaining. The application
concerns those remaining five leases,
which are approaching their expiration
dates and cannot be renewed, with four
leases expiring in 2023 and one in 2024.
The financial institutions have agreed to
sell and transfer these interests to SRP
starting from 2021 and SRP has agreed
to purchase these interests, provided
that SRP and PNM have secured the
requisite approval from the NRC for SRP
ownership of the incremental interests
once the leases expire.
After the proposed partial license
transfers, SRP would own a total of
25.423333 percent of the shares in Unit
1, and 18.2833333 percent of the shares
in Unit 2, and PNM would own a total
of 2.266667 percent of the shares in Unit
1, and 9.4066667 percent of the shares
in Unit 2. 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
E:\FR\FM\27OCN1.SGM
27OCN1
59434
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
possession-only rights in the NRC
licenses are: 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).
Although the ownership interests in
Palo Verde would change, significant
actions involving operation of the Palo
Verde units require unanimity of all
owners of Palo Verde. Currently, no
entity owns 50 percent or more of the
voting interests. The same would be true
following the proposed transfers of the
leased interests. Accordingly, after the
effective date of the transactions, there
would be no change in the control of
operation of Palo Verde; APS would
continue to make all technical decisions
that do not require approval from all
owners of Palo Verde.
No physical changes or operational
changes are proposed in the application.
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 June 29, 2021 (86 FR 34282). 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 transfer a
7.9333330 percent share of the
undivided interests in Palo Verde, Unit
1, and a 0.7933333 percent share of the
undivided interest in Palo Verde, Unit
2, to SRP. The proposed transferee is
qualified to be the holder of the licenses
and transfer of the licenses is otherwise
consistent with applicable provisions of
law, regulations, and orders issued by
the Commission pursuant thereto.
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. ML21245A064.
lotter on DSK11XQN23PROD with NOTICES1
Dated: October 21, 2021.
For the Nuclear Regulatory Commission.
/RA/
Bo M. Pham,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2021–23346 Filed 10–26–21; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review:
Representative Payee Application/
Information Necessary for a
Competency Determination
Office of Personnel
Management.
ACTION: Emergency notice and request
for comments.
AGENCY:
In accordance with the
Paperwork Reduction of 1995,
Retirement Services, Office of Personnel
Management (OPM) is requesting the
Office of Management and Budget
(OMB) to conduct an emergency review
of an existing information collection.
DATES: Comments are encouraged and
will be accepted until November 1,
SUMMARY:
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 partial license
VerDate Sep<11>2014
transfers is approved for Palo Verde
Units 1 and 2 and the Palo Verde ISFSI.
It is further ordered that after receipt
of all required regulatory approvals of
the proposed partial license transfers,
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
transfers, no later than 2 business days
prior to the date of the closing of the
transfers. Should the transfers 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.
This Order is effective upon issuance.
For further details with respect to this
Order, see the application dated May 19,
2021, as supplemented by letter dated
September 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.
16:47 Oct 26, 2021
Jkt 256001
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
2021. Approval by the Office of
Management and Budget (OMB) has
been requested by November 1, 2021.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by the following method:
—Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
All submissions received must
include the agency name and docket
number or RIN for this document. The
general policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR with applicable
supporting documentation, may be
obtained by contacting the Retirement
Services Publications Team, Office of
Personnel Management, 1900 E Street
NW, Room 3316–L, Washington, DC
20415, Attention: Cyrus S. Benson, or
may be obtained by sending an email to
Cyrus.Benson@opm.gov or by fax to
(202) 606–0910 or via telephone at (202)
606–4808.
SUPPLEMENTARY INFORMATION: As
required by the Paperwork Reduction
Act of 1995, Public Law 104–13, 109
Stat. 163 (44 U.S.C. 35) as amended by
the Clinger-Cohen Act of 1996, Public
Law 104–106, 110 Stat. 642 (40 U.S.C.
1401 et seq.), OPM is soliciting
comments for this collection (OMB No.
3206–0034). The Office of Management
and Budget is particularly interested in
comments that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of functions
of the agency, including whether the
information will have practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
OPM is publishing a final rule to
create 5 CFR part 849—Representative
E:\FR\FM\27OCN1.SGM
27OCN1
]]>Agencies
[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59432-59434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23346]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-528, STN 50-529, and 72-44; NRC-2021-0126]
In the Matter of Arizona Public Service Company; Salt River
Project Agricultural Improvement and Power District; Public Service
Company of New Mexico; Palo Verde Nuclear Generating Station, Units 1
and 2; and Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Transfers of control of licenses; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order approving the application dated May 19, 2021, as supplemented by
letter dated September 14, 2021, filed by Arizona Public Service
Company (APS), on behalf of Salt River Project Agricultural Improvement
and Power District (SRP) and Public Service Company of New Mexico
(PNM). The application sought NRC consent to the partial transfers of
Renewed Facility Operating License Nos. NPF-41 and NPF-51 for Palo
Verde Nuclear Generating Station (Palo Verde), Units 1 and 2,
respectively, and the general license for the Palo Verde Independent
Spent Fuel Storage Installation (ISFSI). Specifically, it
[[Page 59433]]
sought NRC consent to the transfers from PNM to SRP of a 7.9333330
percent share of the undivided interests in Palo Verde, Unit 1, and of
a 0.7933333 percent share of the undivided interests in Palo Verde Unit
2. No physical changes or operational changes were proposed in the
application.
DATES: The Order was issued on October 21, 2021, and is effective for 1
year.
ADDRESSES: Please refer to Docket ID NRC-2021-0126 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-2021-0126. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-287-0624; email: [email protected]. 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 [email protected]. The license transfer order and the
NRC staff safety evaluation supporting the order are available in ADAMS
under ADAMS Package Accession No. ML21245A072.
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 [email protected] 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: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: October 21, 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 Transfers of Control of Licenses
United States of America
Nuclear Regulatory Commission
In the Matter of: Arizona Public Service Company, Salt River
Project Agricultural Improvement and Power District, Public Service
Company of New Mexico, Palo Verde Nuclear Generating Station, Units
1 and 2, and Independent Spent Fuel Storage Installation.
Docket Nos. STN 50-528, STN 50-529, and 72-44.
License Nos. NPF-41 and NPF-51.
Order Approving Transfers of Control 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 (tenants-in-common), Salt River Project Agricultural
Improvement and Power District (SRP); 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 May 19, 2021, as supplemented by letter dated
September 14, 2021 (Agencywide Documents Access and Management System
(ADAMS) Accession Nos. ML21139A330 and ML21257A399, respectively), APS,
on behalf of SRP and PNM (together, the Applicants), requested,
pursuant to 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 partial license transfers from PNM to SRP of
a 7.9333330 percent share of the undivided interests in Palo Verde,
Unit 1, and of a 0.7933333 percent share of the undivided interests in
Palo Verde, Unit 2.
According to the application, PNM currently has a 10.2 percent
possession-only interest in Palo Verde, Units 1, 2, and 3. While most
of this interest is directly owned by PNM, the remainder, specifically
the Unit 1 interests and Unit 2 interests, is leased from financial
institutions pursuant to sale-leaseback transactions PNM executed in
1985 and 1986 with investment and banking firms. As the lessee, PNM
retained all the leasehold and control rights and responsibility
associated therewith. The NRC consented to these sale-leaseback
transactions (ADAMS Accession No. ML021680489). Under the terms of
these past transactions, the Unit 1 interests and the Unit 2 interests
are currently held in trust and leased to PNM pursuant to the NRC's
prior orders, license amendments, and creditor regulations in
accordance with 10 CFR 50.81, ``Creditor regulations.'' The sale-
leaseback transactions were structured so that although the investment
and banking firms own the Unit 1 interests and the Unit 2 interests,
none has direct or indirect controlling interest in Palo Verde.
Instead, under the leases, PNM retains leasehold and control rights and
responsibility under the NRC licenses for these interests.
According to the application, PNM entered into a total of 11 sale-
leaseback transactions refinancing portions of its interests in Palo
Verde, Units 1 and 2. Six leases have since expired, leaving five
remaining. The application concerns those remaining five leases, which
are approaching their expiration dates and cannot be renewed, with four
leases expiring in 2023 and one in 2024. The financial institutions
have agreed to sell and transfer these interests to SRP starting from
2021 and SRP has agreed to purchase these interests, provided that SRP
and PNM have secured the requisite approval from the NRC for SRP
ownership of the incremental interests once the leases expire.
After the proposed partial license transfers, SRP would own a total
of 25.423333 percent of the shares in Unit 1, and 18.2833333 percent of
the shares in Unit 2, and PNM would own a total of 2.266667 percent of
the shares in Unit 1, and 9.4066667 percent of the shares in Unit 2.
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
[[Page 59434]]
possession-only rights in the NRC licenses are: 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). Although the
ownership interests in Palo Verde would change, significant actions
involving operation of the Palo Verde units require unanimity of all
owners of Palo Verde. Currently, no entity owns 50 percent or more of
the voting interests. The same would be true following the proposed
transfers of the leased interests. Accordingly, after the effective
date of the transactions, there would be no change in the control of
operation of Palo Verde; APS would continue to make all technical
decisions that do not require approval from all owners of Palo Verde.
No physical changes or operational changes are proposed in the
application.
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 June 29, 2021 (86 FR 34282).
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 transfer a
7.9333330 percent share of the undivided interests in Palo Verde, Unit
1, and a 0.7933333 percent share of the undivided interest in Palo
Verde, Unit 2, to SRP. The proposed transferee is qualified to be the
holder of the licenses and transfer of the licenses is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission pursuant thereto.
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. ML21245A064.
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 partial license transfers is
approved for Palo Verde Units 1 and 2 and the Palo Verde ISFSI.
It is further ordered that after receipt of all required regulatory
approvals of the proposed partial license transfers, 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 transfers, no later than 2 business days prior to the date of
the closing of the transfers. Should the transfers 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.
This Order is effective upon issuance.
For further details with respect to this Order, see the application
dated May 19, 2021, as supplemented by letter dated September 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 [email protected].
Dated: October 21, 2021.
For the Nuclear Regulatory Commission.
/RA/
Bo M. Pham,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2021-23346 Filed 10-26-21; 8:45 am]
BILLING CODE 7590-01-P
