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, 67092-67094 [2021-25621]

Download as PDF 67092 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices discussion of Board policy messages companion piece accompanying Indicators; discussion of additional Board policy products. CONTACT PERSON FOR MORE INFORMATION: Point of contact for this meeting is: Chris Blair, cblair@nsf.gov, 703/292– 7000. To listen to this teleconference, members of the public must send an email to nationalsciencebrd@nsf.gov at least 24 hours prior to the teleconference. The National Science Board Office will send requesters a tollfree dial-in number. Meeting information and updates may be found at the National Science Board website www.nsf.gov/nsb. comments by regular mail to the National Transportation Safety Board, 490 L’Enfant Plaza SW, Washington, DC 20594. Attn: MD–1, Strategic Initiatives. FOR FURTHER INFORMATION, CONTACT: John DeLisi, Senior Advisor for Policy and Strategic Initiatives, National Transportation Safety Board, 490 L’Enfant Plaza SW, MD–1, Washington, DC 20594, 202–314–6000. Jennifer Homendy, Chair. [FR Doc. 2021–25587 Filed 11–23–21; 8:45 am] BILLING CODE 7533–01–P NUCLEAR REGULATORY COMMISSION Chris Blair, Executive Assistant to the National Science Board Office. [Docket Nos. STN 50–528, STN 50–529, and 72–44; NRC–2021–0126] [FR Doc. 2021–25807 Filed 11–22–21; 4:15 pm] BILLING CODE 7555–01–P NATIONAL TRANSPORTATION SAFETY BOARD Office of the Managing Director: Strategic Management Program, Fiscal Year 2022–2026 Strategic Plan AGENCY: National Transportation Safety Board. ACTION: Notice: request for comments. This notice is in accordance with OMB Circular A–11, section 210.3 (b), Consultation and Outreach, which requires the NTSB to solicit comments on the proposed strategic plan to be published by February 2022. All interested parties are invited to submit comments regarding this proposed strategic plan. As background, the NTSB’s 2020–2024 strategic plan was published in December 2019. This proposed document updates that plan, incorporating revised and expanded goals and objectives for the continuation of the 2020–2024 plan. We continued evaluating baseline performance metrics for the three goals. Some goals have been adjusted to reflect results from the previous plan’s activities. These expanded strategic objectives help measure the agency’s overall success. You can view a copy of the draft strategic plan on the NTSB website at: Strategic Plans & Reports (ntsb.gov) https://www.ntsb.gov/about/reports/ Documents/Draft-FY-22-26-StrategicPlan-FedReg.pdf. DATES: Parties should submit comments on or before December 7, 2021. ADDRESSES: Submit electronic comments to strategicplan@ntsb.gov or at http://regulations.gov. Submit written khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:05 Nov 23, 2021 Jkt 256001 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; corrected order. AGENCY: On October 21, 2021, and published in the Federal Register on October 27, 2021, the U.S. Nuclear Regulatory Commission (NRC) issued 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 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 NRC is issuing an Order correcting and superseding the Order of October 21, 2021. SUMMARY: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 The corrected Order was issued on November 17, 2021. 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: ADDRESSES: • 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 corrected license transfer order dated November 17, 2021, the superseded license transfer order dated October 21, 2021, and published in the Federal Register on October 27, 2021 (86 FR 59432), and the NRC staff safety evaluation supporting the orders are available in ADAMS under Accession Nos. ML21307A132, ML21245A065, and ML21245A064, respectively. • 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 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. 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. FOR FURTHER INFORMATION CONTACT: The text of the corrected Order is attached. SUPPLEMENTARY INFORMATION: Dated: November 18, 2021. E:\FR\FM\24NON1.SGM 24NON1 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices 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—Corrected Order Approving Transfers of Control of Licenses (Superseding Order of October 21, 2021) 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. CORRECTED ORDER APPROVING TRANSFERS OF CONTROL OF LICENSES (SUPERSEDING ORDER OF OCTOBER 21, 2021) I. khammond on DSKJM1Z7X2PROD with NOTICES Arizona Public Service Company (APS) is the licensed operator and a licensed coowner 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 coowners (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 saleleaseback transactions PNM executed in 1985 VerDate Sep<11>2014 17:05 Nov 23, 2021 Jkt 256001 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-incommon co-owners that hold possessiononly 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 67093 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 October 21, 2021, 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 initial transactions under the beneficial interest sales agreements described in the application, no later than 2 business days prior to the date of the closing. Should the closing 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 Applicants shall also inform the Director of the NRC Office of Nuclear Reactor Regulation in writing of the expiration of each of the leases no later than 2 business days after their expiration. This Order is effective upon issuance and it corrects and supersedes the NRC Order approving the application issued on October 21, 2021 (ADAMS Accession No. ML21245A065) and published on October 27, 2021 (86 FR 59432). 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 October 21, 2021, 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 E:\FR\FM\24NON1.SGM 24NON1 67094 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices 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: November 17, 2021. For the Nuclear Regulatory Commission /RA/ Bo M. Pham, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2021–25621 Filed 11–23–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202–268–8405. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 9, 2021, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Contract 728 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2022–19, CP2022–21. BILLING CODE 7590–01–P Sean Robinson, Attorney, Corporate and Postal Business Law. POSTAL SERVICE [FR Doc. 2021–25701 Filed 11–23–21; 8:45 am] BILLING CODE 7710–12–P Product Change—Parcel Select and Parcel Return Service Negotiated Service Agreement Sean Robinson, Attorney, Corporate and Postal Business Law. POSTAL SERVICE Postal ServiceTM. ACTION: Notice. AGENCY: Product Change—Priority Mail Negotiated Service Agreement The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: November 24, 2021. FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202–268–8405. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 2, 2021, it filed with the Postal Regulatory Commission a USPS Request to Add Parcel Select and Parcel Return Service Contract 14 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2022–17, CP2022–18. SUMMARY: Sean Robinson, Attorney, Corporate and Postal Business Law. [FR Doc. 2021–25697 Filed 11–23–21; 8:45 am] Postal ServiceTM. ACTION: Notice. The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: November 24, 2021. FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202–268–8405. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 2, 2021, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Contract 727 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2022–18, CP2022–19. [FR Doc. 2021–25698 Filed 11–23–21; 8:45 am] BILLING CODE 7710–12–P Product Change—Priority Mail Negotiated Service Agreement POSTAL SERVICE Postal Notice. AGENCY: ACTION: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: November 24, 2021. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:05 Nov 23, 2021 Jkt 256001 BILLING CODE 7710–12–P SECURITIES AND EXCHANGE COMMISSION SUMMARY: POSTAL SERVICE ServiceTM. [FR Doc. 2021–25702 Filed 11–23–21; 8:45 am] AGENCY: Sean Robinson, Attorney, Corporate and Postal Business Law. BILLING CODE 7710–12–P Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: November 24, 2021. FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202–268–8405. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 19, 2021, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail & First-Class Package Service Contract 209 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2022–21, CP2022–23. Product Change—Priority Mail and First-Class Package Service Negotiated Service Agreement Postal ServiceTM. ACTION: Notice. AGENCY: [Release No. 34–93608; File No. SR– CboeBZX–2021–052] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade Shares of the Global X Bitcoin Trust Under BZX Rule 14.11(e)(4), CommodityBased Trust Shares November 18, 2021. On August 3, 2021, Cboe BZX Exchange, Inc. (‘‘BZX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to list and trade shares (‘‘Shares’’) of the Global X Bitcoin Trust (‘‘Trust’’) under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares. The proposed rule change was published for comment in the Federal Register on August 23, 2021.3 On September 29, 2021, pursuant to Section 19(b)(2) of the Act,4 the Commission designated a longer period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to disapprove the 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Securities Exchange Act Release No. 92689 (Aug. 17, 2021), 86 FR 47176 (‘‘Notice’’). Comments on the proposed rule change can be found at: https://www.sec.gov/comments/sr-cboebzx-2021052/srcboebzx2021052.htm. 4 15 U.S.C. 78s(b)(2). 2 17 The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67092-67094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25621]


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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; corrected order.

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SUMMARY: On October 21, 2021, and published in the Federal Register on 
October 27, 2021, the U.S. Nuclear Regulatory Commission (NRC) issued 
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 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 NRC is issuing an Order correcting and superseding the 
Order of October 21, 2021.

DATES: The corrected Order was issued on November 17, 2021.

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 corrected license transfer order 
dated November 17, 2021, the superseded license transfer order dated 
October 21, 2021, and published in the Federal Register on October 27, 
2021 (86 FR 59432), and the NRC staff safety evaluation supporting the 
orders are available in ADAMS under Accession Nos. ML21307A132, 
ML21245A065, and ML21245A064, respectively.
     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 
PDR.R[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 corrected Order is attached.

    Dated: November 18, 2021.


[[Page 67093]]


    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--Corrected Order Approving Transfers of Control of Licenses 
(Superseding Order of October 21, 2021)

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.

CORRECTED ORDER APPROVING TRANSFERS OF CONTROL OF LICENSES (SUPERSEDING 
ORDER OF OCTOBER 21, 2021)

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 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 October 21, 2021, 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 initial transactions under the beneficial 
interest sales agreements described in the application, no later 
than 2 business days prior to the date of the closing. Should the 
closing 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 Applicants shall also inform the Director of 
the NRC Office of Nuclear Reactor Regulation in writing of the 
expiration of each of the leases no later than 2 business days after 
their expiration.
    This Order is effective upon issuance and it corrects and 
supersedes the NRC Order approving the application issued on October 
21, 2021 (ADAMS Accession No. ML21245A065) and published on October 
27, 2021 (86 FR 59432).
    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 
October 21, 2021, 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

[[Page 67094]]

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: November 17, 2021.

    For the Nuclear Regulatory Commission

/RA/

Bo M. Pham,

Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2021-25621 Filed 11-23-21; 8:45 am]
BILLING CODE 7590-01-P