Indirect License Transfer - Palo Verde Nuclear Station
Summary
The NRC received an application from El Paso Electric Company on January 28, 2026, seeking approval for indirect transfer of control of its interests in Palo Verde Nuclear Generating Station Units 1, 2, and 3 (Licenses NPF-41, NPF-51, NPF-74) and the associated Independent Spent Fuel Storage Installation. The NRC is soliciting public comments and hearing requests before deciding on the license transfer.
What changed
The NRC received El Paso Electric Company's application for indirect transfer of control of licenses for Palo Verde Nuclear Generating Station, Units 1-3, along with the associated spent fuel storage installation. The application was filed January 28, 2026, and is being processed under Docket ID NRC-2026-1618. The NRC must approve any change in control of nuclear facility licensees under its regulations.
Affected parties—including local governments, ratepayers, and stakeholders with interests in the Palo Verde facility—should submit comments by May 4, 2026, and any petition to intervene or request for hearing by April 23, 2026. The public can submit comments electronically at regulations.gov or via email, mail, or fax. The license transfer application documents are available in NRC's ADAMS system under Accession No. ML26029A458.
What to do next
- Submit public comments on the license transfer by May 4, 2026
- File petition to intervene or request for hearing by April 23, 2026
- Submit comments via regulations.gov (Docket ID NRC-2026-1618), email to Hearing.Docket@nrc.gov, or mail to NRC Secretary
Archived snapshot
Apr 3, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Content
ACTION:
Application for indirect transfer of licenses; opportunity to comment, request a hearing, and petition for leave to intervene.
SUMMARY:
The U.S. Nuclear Regulatory Commission (NRC, the Commission) received and is considering approval of an application filed
by El Paso Electric Company (EPE) on January 28, 2026. The application seeks NRC approval of the indirect transfer of control
of EPE'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, as well as the associated general license for the Palo Verde Independent
Spent Fuel Storage Installation (ISFSI) (together, the facility).
DATES:
Submit comments by May 4, 2026. A request for a hearing or petition for leave to intervene must be filed by April 23, 2026.
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-2026-1618. Address questions about Docket IDs in Regulations.gov to Bridget Curran; telephone: 301-415-1003; email: Bridget.Curran@nrc.gov. For technical questions, contact the individual listed in the
For Further Information Contact
section of this document.
• Email comments to: Hearing.Docket@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.
• Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.
• Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time (ET) Federal workdays; telephone:
301-415-1677.
For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments”
in the
SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
William Orders, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
301-415-3329; email: William.Orders@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2026-1618 when contacting the NRC about the availability of information for this action. You
may obtain publicly available information related to this action by any of the following methods:
• Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-1618.
• 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 ADAMS Public Search.” For problems with ADAMS, please contact the NRC's Public Document
Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The license transfer application is available in ADAMS under Accession No. ML26029A458.
• NRC's PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. 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 a.m. and 4 p.m. ET, Monday through Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2026-1618 in your comment submission.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying
or contact information.
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons
not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission.
Your request should state that the NRC does not routinely edit comment submissions to remove such information before making
the comment submissions available to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering the issuance of an order under section 50.80 of title 10 of the Code of Federal Regulations (10 CFR) approving the indirect transfer of control of EPE's interests in the licenses for Palo Verde, Units 1, 2, and 3 and
the associated general license for the Palo Verde ISFSI. Currently, EPE owns a 15.8-percent tenant-in-common interest in and
holds possession-only rights in the facility. The indirect transfer of control resulted from the acquisition of an approximately
33.3-percent membership interest in IIF US Holding 2 GP, LLC (IIF US 2 GP), the general partner of IIF US Holding 2 LP, by
a private individual, a U.S. citizen, subsequent to the retirement and relinquishment of an approximately 33.3-percent IIF
US 2 GP membership interest held by a different private individual. Arizona Public Service Company holds both operating and
possession rights in the facility and operates the facility; the proposed transfer implicates only an indirect upstream change
in control over EPE's possession-only rights in the facility and does not involve or implicate any change in EPE's rights
and obligations or any other co-owners' rights and obligations.
No physical changes or operational changes to the facility were proposed in the license transfer application.
The NRC's regulations at 10 CFR 50.80 state that no license, or any right thereunder, shall be transferred, directly or indirectly,
through transfer of control of the license, unless the Commission gives its consent in writing. The Commission will approve
an application for the indirect transfer of control of a license if the Commission determines that the proposed transfer will
not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer
application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments,
but such comments will not otherwise constitute part of the decisional record. Comments should be submitted as described in
the
ADDRESSES
section of this document.
IV. Opportunity To Request a Hearing and Petition for Leave To Intervene
Within 20 days after the date of publication of this notice, any person (petitioner) whose interest may be affected by this
action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions
shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons
should consult 10 CFR 2.309. If a petition is filed, the Commission or a presiding officer will rule on the petition and,
if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 20 days from the date of publication of this notice in accordance with the filing instructions
in the “Electronic Submissions (E-Filing)” section of this document. Petitions and motions for leave to file new or amended
contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that
the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
A State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may submit a petition to
the Commission to participate as a party under 10 CFR 2.309(h) no later than 20 days from the date of publication of this
notice. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof,
may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by a person not a party under 10 CFR 2.315, see ADAMS Accession
No. ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and the NRC's public website (https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate).
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including documents filed by an interested State, local governmental
body, Federally recognized Indian Tribe, or designated agency thereof that requests to participate under 10 CFR 2.315(c),
must be filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to submit and serve all adjudicatory
documents over the internet, or in some cases, to mail copies on electronic storage media, unless an exemption permitting
an alternative filing method, as further discussed, is granted. Detailed guidance on electronic submissions is located in
the “Guidance for Electronic Submissions to the NRC” (ADAMS Accession No. ML13031A056), and on the NRC's public website (https://www.nrc.gov/site-help/e-submittals.html).
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at Hearing.Docket@nrc.gov, or by
telephone at 301-415-1677, to: (1) request a digital identification (ID) certificate which allows the participant (or their
counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is
participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document
(even in instances in which the participant, or their counsel or representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an electronic docket for the proceeding if the Secretary has not
already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRC's public website (https://www.nrc.gov/site-help/e-submittals/getting-started.html). After a digital ID certificate is obtained and a docket is created, the participant must submit adjudicatory documents
in the Portable Document Format. Guidance on submissions is available on the NRC's public website (https://www.nrc.gov/site-help/electronic-sub-ref-mat.html). A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely,
an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends the submitter an email confirming receipt of the document.
The E-Filing system also distributes an email that provides access to the document to the NRC's Office of the General Counsel
and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer
need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel
or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed in order to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the “Contact Us” link located on the NRC's public website (https://www.nrc.gov/site-help/e-submittals.html), by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., ET,
Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not submitting documents electronically must file an exemption request,
in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically
and requesting authorization to continue to submit documents in paper format. Such filings must be submitted in accordance
with 10 CFR 2.302(b)-(d). Participants filing adjudicatory documents in this manner are responsible for serving their documents
on all other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must still meet the electronic formatting
requirement in 10 CFR 2.302(g)(1), unless the participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket, which is publicly available
on the NRC's public website (https://adams.nrc.gov/ehd), unless otherwise excluded pursuant to an order of the presiding officer. If you do not have an NRC-issued digital ID certificate
as previously described, click “cancel” when the link requests certificates and you will be automatically directed to the
NRC's electronic hearing docket where you will be able to access any publicly available documents in a particular hearing
docket. Participants are requested not to include personal privacy information such as social security numbers, home addresses,
or personal phone numbers in their filings unless an NRC regulation or other law requires submission of such information.
With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants should not include copyrighted materials in their submission.
The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the
issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published
in the
Federal Register
and served on the parties to the hearing.
For further details with respect to this application, see the application dated January 28, 2026 (ADAMS Accession No. ML26029A458).
Dated: April 1, 2026. For the Nuclear Regulatory Commission.
William Orders, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2026-06544 Filed 4-2-26; 8:45 am] BILLING CODE 7590-01-P
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