Sunshine Act Meetings, 29370-29371 [05-10173]
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29370
Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Notices
at reactor core power levels not in
excess of 2775 megawatts thermal in
accordance with the provisions of the
FNP, Unit 2, renewed license and its
technical specifications.
The FNP units are Westinghouse
pressurized-water nuclear reactors
located in Houston County, Alabama, on
the west bank of the Chattahoochee
River.
The application for the renewed
licenses complied with the standards
and requirements of the Atomic Energy
Act of 1954, as amended (the Act), and
the Commission’s regulations. As
required by the Act and the
Commission’s regulations in 10 CFR
Chapter I, the Commission has made
appropriate findings, which are set forth
in each license. Prior public notice of
the proposed issuance of these renewed
licenses and of an opportunity for a
hearing regarding the proposed issuance
of these renewed licenses was published
in the Federal Register on November 5,
2003 (68 FR 62640).
For further details with respect to this
action, see (1) SNC’s license renewal
application for FNP, Units 1 and 2,
dated September 12, 2003; (2) the
Commission’s safety evaluation report
dated May 2005 (NUREG–1825); (3) the
licensee’s updated final safety analysis
report; and (4) the Commission’s final
environmental impact statement dated
March 2005 (NUREG–1437, Supplement
18). These documents are available at
the NRC’s Public Document Room, One
White Flint North, 11555 Rockville
Pike, first floor, Rockville, Maryland
20852, and can be viewed from the NRC
Public Electronic Reading Room at
https://www.nrc.gov/reading-rm/
adams.html.
Copies of Renewed Facility Operating
License Nos. NPF–2 and NPF–8 may be
obtained by writing to the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Director,
Division of Regulatory Improvement
Programs. Copies of the safety
evaluation report (NUREG–1825) and
the final environmental impact
statement (NUREG–1437, Supplement
18) may be purchased from the National
Technical Information Service,
Springfield, Virginia 22161–0002
(https://www.ntis.gov), 1–800–553–6847,
or the Superintendent of Documents,
U.S. Government Printing Office, P.O.
Box 371954, Pittsburgh, PA 15250–7954
(https://www.access.gpo.gov/su_docs/
index.html), (202) 512–1800. All orders
should clearly identify the NRC
publication number and the requestor’s
Government Printing Office deposit
account number or VISA or MasterCard
number and expiration date.
VerDate jul<14>2003
20:07 May 19, 2005
Jkt 205001
Dated at Rockville, Maryland, this 12th day
of May 2005.
For The Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and
Environmental Impacts Program, Division of
Regulatory Improvement Programs, Office of
Nuclear Reactor Regulation.
[FR Doc. E5–2556 Filed 5–19–05; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Reinstatement; Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Filings and
Information Services, Washington, DC
20549.
[‘‘Tell Us How We’re Doing!’’, SEC File No.
270–406, OMB Control No. 3235–0463]
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this previouslyapproved questionnaire to the Office of
Management and Budget for approval.
The Commission currently sends the
questionnaire to persons who have used
the services of the Commission’s Office
of Investor Education and Assistance.
The questionnaire consists mainly of
eight (8) questions concerning the
quality of services provided by OIEA.
Most of the questions can be answered
by checking a box on the questionnaire.
The Commission needs the
information to evaluate the quality of
services provided by OIEA. Supervisory
personnel of OIEA use the information
collected in assessing staff performance
and for determining what improvements
or changes should be made in OIEA
operations for services provided to
investors.
The respondents to the questionnaire
are those investors who request
assistance or information from OIEA.
The total reporting burden of the
questionnaire in 2004 was
approximately 5 hours and 45 minutes.
This was calculated by multiplying the
total number of investors who
responded to the questionnaire times
how long it is estimated to take to
complete the questionnaire (23
respondents × 15 minutes = 5 hours and
45 minutes).
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
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performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to R. Corey Booth, Chief Information
Officer, Office of Information
Technology, Securities and Exchange
Commission, 450 5th Street, NW.,
Washington, DC 20549.
Dated: May 11, 2005.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 05–10172 Filed 5–19–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Pub. L. 94–409, that the
Securities and Exchange Commission
will hold the following meetings during
the week of May 23, 2005:
An open meeting will be held on
Monday, May 23, 2005, at 10 a.m., in
Room 1C30, the William O. Douglas
Meeting Room, and a closed meeting
will be held on Wednesday, May 25,
2005 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters may also be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), (9)(B), and
(10) and 17 CFR 200.402(a)(3), (5), (7),
9(ii) and (10), permit consideration of
the scheduled matters at the closed
meeting.
Commissioner Goldschmid, as duty
officer, voted to consider the items
listed for the closed meeting in closed
session, and that no earlier notice
thereof was possible.
The subject matter of the open
meeting scheduled for Monday, May 23,
2005, will be:
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Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Notices
The Commission will hear oral argument
on an appeal by Rita J. McConville from the
decision of an administrative law judge. The
administrative law judge found that
McConville, formerly the chief financial
officer of Akorn, Inc. (‘‘Akorn’’), had
significant responsibility for the financial
statements in the Form 10–K for the year
ended December 31, 2000 (the ‘‘2000 Form
10–K’’) filed by Akorn, which materially
inflated Akorn’s accounts receivable, net
sales, and assets; caused Akorn to maintain
inaccurate books and records; and falsely
assured Akorn’s auditors that the financial
statements in the 2000 Form 10–K complied
with Generally Accepted Accounting
Principles and that she did not know of any
events that would materially impact those
financial statements. In so doing, the law
judge found, McConville violated Sections
10(b) and 13(b)(5) of the Securities Exchange
Act of 1934 and Rules 10b–5, 13b2–1 and
13b2–2 thereunder, and caused Akorn to
violate Sections 13(a) and 13(b)(2) of the
Exchange Act and Rules 12b–20 and 13a–1
thereunder. The law judge ordered
McConville to cease and desist from violating
and causing violations of these provisions,
and to pay disgorgement in the amount of
$115,858, plus prejudgment interest.
Among the issues likely to be argued
are:
1. Whether McConville’s involvement
in the preparation and filing of the 2000
Form 10–K was sufficient to provide a
basis for liability;
2. Whether McConville knew that
Akorn did not have a system of internal
accounting controls for its accounts
receivable necessary for the preparation
of accurate financial statements and
knowingly failed to implement such a
system;
3. Whether the Order Instituting
Proceedings gave McConville adequate
notice of the claims lodged against her
and the grounds on which those claims
allegedly rested;
4. Whether a cease-and-desist order
against McConville is in the public
interest; and
5. Whether disgorgement should be
ordered, and if so, in what amount.
The subject matter of the closed
meeting scheduled for Wednesday, May
25, 2005, will be:
Formal orders of investigations;
Institution and settlement of
injunctive actions; and
Institution and settlement of
administrative proceedings of an
enforcement nature.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact: The Office of the Secretary at
(202) 942–7070.
VerDate jul<14>2003
20:07 May 19, 2005
Jkt 205001
Dated: May 17, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. 05–10173 Filed 5–17–05; 4:20 pm]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51696; File No. SR–PCX–
2005–50]
Self-Regulatory Organizations; Pacific
Exchange, Inc.; Notice of Filing and
Order Granting Accelerated Approval
of Proposed Rule Change Relating to
a Pilot Rule Extension of a Waiver of
California Arbitrator Disclosure
Standards
May 13, 2005.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 12,
2005 and on May 13, 2005 (Amendment
No. 1), the Pacific Exchange, Inc.
(‘‘PCX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons and is
approving the proposal on an
accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange and its wholly owned
subsidiary PCX Equities, Inc. (‘‘PCXE’’)
are proposing to extend the pilot rule in
PCX Rule 12.1(i) and PCXE Rule 12.2(h),
which requires industry parties in
arbitration to waive application of
contested California arbitrator
disclosure standards, upon the request
of customers (and, in industry cases,
upon the request of associated persons
with claims of statutory employment
discrimination), for an additional sixmonth pilot period, until November 26,
2005.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
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1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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29371
proposed rule change. The text of these
statements may be examined at the
places specified in Item III below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On November 21, 2002, the
Commission approved, for a six-month
pilot period, the Exchange’s proposal to
amend PCX and PCXE arbitration rules
to require industry parties in arbitration
to waive application of contested
California arbitrator disclosure
standards, upon the request of
customers or, in employment
discrimination cases, upon the request
of associated persons.3 The Commission
approved an extension of the pilot
period on May 15, 2003,4 November 19,
2003,5 May 24, 2004,6 and November
23, 2004.7 The pilot period is currently
set to expire on May 25, 2005.
On July 1, 2002, the Judicial Council
of the State of California adopted new
rules that mandated extensive
disclosure requirements for arbitrators
in California (the ‘‘California
Standards’’). The California Standards
are intended to address perceived
conflicts of interest in certain
commercial arbitration proceedings. As
a result of the imposition of the
California Standards on arbitrations
conducted under the auspices of selfregulatory organizations (‘‘SROs’’), the
National Association of Securities
Dealers, Inc. (‘‘NASD’’) and the New
York Stock Exchange (‘‘NYSE’’)
suspended the appointment of
arbitrators for cases pending in
California, and filed a joint complaint in
federal court for declaratory relief in
which they contend that the California
Standards cannot lawfully be applied to
NASD and NYSE because the California
Standards are preempted by federal law
and are inapplicable to SROs under
3 See Exchange Act Release No. 46881 (November
21, 2002), 67 FR 71224 (November 29, 2002) (Order
approving SR–PCX–2002–71).
4 See Exchange Act Release No. 47872 (May 15,
2003), 68 FR 28869 (May 27, 2003) (Order
approving SR–PCX–2003–22).
5 See Exchange Act Release No. 48806 (November
19, 2003), 68 FR 66521 (November 26, 2003) (Order
approving SR–PCX–2003–61).
6 See Exchange Act Release No. 49758 (May 24,
2004), 69 FR 30734 (May 28, 2004) (Order
approving SR–PCX–2004–25).
7 See Exchange Act Release No. 50731 (November
23, 2004), 69 FR 69660 (November 30, 2004) (Order
approving SR–PCX–2004–104).
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]]>Agencies
[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Notices]
[Pages 29370-29371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10173]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold the following meetings during the week of
May 23, 2005:
An open meeting will be held on Monday, May 23, 2005, at 10 a.m.,
in Room 1C30, the William O. Douglas Meeting Room, and a closed meeting
will be held on Wednesday, May 25, 2005 at 2 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters may also be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the closed meeting.
Commissioner Goldschmid, as duty officer, voted to consider the
items listed for the closed meeting in closed session, and that no
earlier notice thereof was possible.
The subject matter of the open meeting scheduled for Monday, May
23, 2005, will be:
[[Page 29371]]
The Commission will hear oral argument on an appeal by Rita J.
McConville from the decision of an administrative law judge. The
administrative law judge found that McConville, formerly the chief
financial officer of Akorn, Inc. (``Akorn''), had significant
responsibility for the financial statements in the Form 10-K for the
year ended December 31, 2000 (the ``2000 Form 10-K'') filed by
Akorn, which materially inflated Akorn's accounts receivable, net
sales, and assets; caused Akorn to maintain inaccurate books and
records; and falsely assured Akorn's auditors that the financial
statements in the 2000 Form 10-K complied with Generally Accepted
Accounting Principles and that she did not know of any events that
would materially impact those financial statements. In so doing, the
law judge found, McConville violated Sections 10(b) and 13(b)(5) of
the Securities Exchange Act of 1934 and Rules 10b-5, 13b2-1 and
13b2-2 thereunder, and caused Akorn to violate Sections 13(a) and
13(b)(2) of the Exchange Act and Rules 12b-20 and 13a-1 thereunder.
The law judge ordered McConville to cease and desist from violating
and causing violations of these provisions, and to pay disgorgement
in the amount of $115,858, plus prejudgment interest.
Among the issues likely to be argued are:
1. Whether McConville's involvement in the preparation and filing
of the 2000 Form 10-K was sufficient to provide a basis for liability;
2. Whether McConville knew that Akorn did not have a system of
internal accounting controls for its accounts receivable necessary for
the preparation of accurate financial statements and knowingly failed
to implement such a system;
3. Whether the Order Instituting Proceedings gave McConville
adequate notice of the claims lodged against her and the grounds on
which those claims allegedly rested;
4. Whether a cease-and-desist order against McConville is in the
public interest; and
5. Whether disgorgement should be ordered, and if so, in what
amount.
The subject matter of the closed meeting scheduled for Wednesday,
May 25, 2005, will be:
Formal orders of investigations;
Institution and settlement of injunctive actions; and
Institution and settlement of administrative proceedings of an
enforcement nature.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at (202) 942-7070.
Dated: May 17, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-10173 Filed 5-17-05; 4:20 pm]
BILLING CODE 8010-01-P
