STP Nuclear Operating Company, et al.; South Texas Project, Units 1 and 2; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing, 71561-71562 [E5-6634]
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Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices
inspection and testing of the company’s
physical security systems, verification
of the company’s compliance with state
and local laws, and a review of the
company’s background and history.
Therefore, pursuant to 21 U.S.C. 823,
and in accordance with 21 CFR 1301.33,
the above named company is granted
registration as a bulk manufacturer of
the basic classes of controlled
substances listed.
Dated: November 21, 2005.
Joseph T. Rannazzisi,
Acting Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement
Administration.
[FR Doc. E5–6592 Filed 11–28–05; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
The following parties have filed
petitions to modify the application of
existing safety standards under section
101(c) of the Federal Mine Safety and
Health Act of 1977.
1. Emerald Coal Resources, LP
[Docket No. M–2005–072–C]
Emerald Coal Resources, LP, Three
Gateway Center, 401 Liberty Avenue,
Suite 1340, Pittsburgh, Pennsylvania
15222 has filed a petition to modify the
application of 30 CFR 75.364(b)(1)
(Weekly examination) to its Emerald No.
1 Mine (MSHA I.D. No. 36–05466)
located in Greene County, Pennsylvania.
The petitioner requests a modification
of the existing standard to permit the
use of air monitoring stations to monitor
the longwall tailgate airflow in lieu of
traveling the entry in its entirety. The
petitioner asserts that due to
deteriorating roof conditions, traveling
the entry in its entirety would be unsafe.
The petitioner asserts that the proposed
alternative method would provide at
least the same measure of protection as
the existing standard.
Request for Comments
Persons interested in these petitions
are encouraged to submit comments via
E-mail: zzMSHA–Comments@dol.gov;
Fax: (202) 693–9441; or Regular Mail/
Hand Delivery/Courier: Mine Safety and
Health Administration, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209. All
comments must be postmarked or
received in that office on or before
December 29, 2005. Copies of these
VerDate Aug<31>2005
20:13 Nov 28, 2005
Jkt 208001
petitions are available for inspection at
that address.
Dated at Arlington, Virginia this 22nd day
of November 2005.
Rebecca J. Smith,
Acting Director, Office of Standards,
Regulations, and Variances.
[FR Doc. E5–6674 Filed 11–28–05; 8:45 am]
BILLING CODE 4510–43–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–498 and 50–499]
STP Nuclear Operating Company, et
al.; South Texas Project, Units 1 and 2;
Notice of Consideration of Approval of
Application Regarding Proposed
Corporate Restructuring and
Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) 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
Facility Operating License No. NPF–76
and Facility Operating License No.
NPF–80 for the South Texas Project,
Units 1 and 2 (STP), respectively, to the
extent currently held by Texas Genco,
LP (Texas Genco). The City Public
Service Board of San Antonio, and the
City of Austin, Texas, co-own the units
with Texas Genco but are not involved
in this proposed action. STP Nuclear
Operating Company (STPNOC) is
authorized to act for the owners, and
has exclusive responsibility and control
over the physical construction,
operation, and maintenance of STP.
STP Nuclear Operating Company,
acting on behalf of Texas Genco and
NRG Energy, Inc. (NRG Energy), has
requested that the Commission consent
to the indirect transfer of control of
Texas Genco’s 44 percent interest in
STP. NRG Energy and Texas Genco LLC
have entered into a definitive agreement
for NRG Energy to acquire all of the
outstanding equity of Texas Genco LLC,
which indirectly owns 100 percent of
Texas Genco. Texas Genco and NRG
Energy seek NRC consent to the indirect
transfer of control of the licenses to the
extent held by Texas Genco that will
result from NRG Energy’s acquisition of
Texas Genco LLC.
In addition to its 44 percent
undivided ownership interests in STP,
Texas Genco holds a corresponding
interest in STPNOC, a not-for-profit
Texas corporation, which is the licensed
operator of STP. Approval of the
indirect transfer of control of the
licenses to the extent held by STPNOC
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
71561
is also requested to the extent such
approval is necessary. No physical
changes to STP or operational changes
are being proposed in the application.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the transfer of a license,
if the Commission determines that the
proposed transferee is qualified to hold
the license and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
pursuant thereto.
Before issuance of the proposed
conforming license amendment, the
Commission will have made findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
Commission’s regulations.
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, any person
whose interest may be affected by the
Commission’s action on the application
may request a hearing and, if not the
applicant, may petition for leave to
intervene in a hearing proceeding on the
Commission’s action. Requests for a
hearing and petitions for leave to
intervene should be filed in accordance
with the Commission’s rules of practice
set forth in Subpart C ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR Part 2. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), unless
good cause for failure to file on time is
established. In addition, an untimely
request or petition should address the
factors that the Commission will also
consider, in reviewing untimely
requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)–(viii).
Requests for a hearing and petitions
for leave to intervene should be served
upon counsel for STPNOC, Mr. John E.
Matthews at Morgan, Lewis & Bockius,
LLP, 1111 Pennsylvania Avenue, NW.,
Washington, DC 20004 (tel: 202–739–
5524; fax: 202–739–3001; e-mail:
jmatthews@morganlewis.com); counsel
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71562
Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices
for NRG Energy, Dr. William R.
Hollaway at Skadden, Arps, Slate,
Meagher & Flom LLP, 1440 New York
Avenue, Washington, DC 20005 (tel:
202–371–7819; fax: 202–371–7939; email: whollawa@skadden.com); and
counsel for Texas Genco, Mr. Nicholas
S. Reynolds at Winston and Strawn,
LLP, 1700 K Street, NW., Washington,
DC 20006–3817 (tel: 202–282–5717; fax:
202–282–5100; e-mail:
nreynolds@winston.com); the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001 (e-mail address for filings
regarding license transfer cases only:
OGCLT@NRC.gov); and the Secretary of
the Commission, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Rulemakings
and Adjudications staff, in accordance
with 10 CFR 2.302 and 2.305.
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.
As an alternative to requests for
hearing and petitions to intervene,
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 to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
action, see the application dated
October 14, 2005, available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff by telephone
VerDate Aug<31>2005
20:13 Nov 28, 2005
Jkt 208001
at 1–800–397–4209, 301–415–4737, or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 21st day
of November 2005.
For The Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing
Branch IV , Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–6634 Filed 11–28–05; 8:45 am]
BILLING CODE 7590–01–P
PENSION BENEFIT GUARANTY
CORPORATION
Approval of Amendment to Special
Withdrawal Liability Rules for Service
Employees International Union Local
25 and Participating Employers
Pension Trust
Pension Benefit Guaranty
Corporation.
ACTION: Notice of approval.
AGENCY:
SUMMARY: The Service Employees
International Union Local 25 and
Participating Employers Pension Trust
requested the Pension Benefit Guaranty
Corporation (‘‘PBGC’’) to approve a plan
amendment providing for special
withdrawal liability rules for employers
that maintain the Plan. PBGC published
a Notice of Pendency of the Request for
Approval of the amendment on July 6,
2005 (70 FR 38983) (‘‘Notice of
Pendency’’). In accordance with the
provisions of the Employee Retirement
Income Security Act of 1974, as
amended (‘‘ERISA’’), PBGC is now
advising the public that the agency has
approved the requested amendment.
FOR FURTHER INFORMATION CONTACT:
Frank Anderson, Attorney, Office of the
Chief Counsel, Pension Benefit
Guaranty Corporation, 1200 K Street,
NW., Washington, DC 20005–4026;
Telephone 202–326–4020 (For TTY/
TDD users, call the Federal Relay
Service toll-free at 1–800–877–8339 and
ask to be connected to 202–326–4020).
SUPPLEMENTARY INFORMATION:
Background
Under section 4201 of ERISA, an
employer who completely or partially
withdraws from a defined benefit
multiemployer pension plan becomes
liable for a proportional share of the
plan’s unfunded vested benefits. The
statute specifies that a ‘‘complete
withdrawal’’ occurs whenever an
employer either permanently (1) ceases
to have an obligation to contribute to the
plan, or (2) ceases all operations covered
under the plan. See ERISA section
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
4203(a). Under the second test,
therefore, an employer who closes or
sells its operations will incur
withdrawal liability. Under the first test,
an employer who remains in business
but who no longer has an obligation to
contribute to the plan also is liable. The
‘‘partial withdrawal’’ provisions of
sections 4205 and 4206 impose a lesser
measure of liability upon employers
who greatly reduce, but do not
eliminate, the operations that generate
contributions to the plan. The
withdrawal liability provisions of
ERISA are a critical factor in
maintaining the solvency of these
pension plans and reducing claims
made on the multiemployer plan
guaranty fund maintained by PBGC.
Without withdrawal liability rules, an
employer who participates in an
underfunded multiemployer plan would
have a powerful economic incentive to
reduce expenses by withdrawing from
the plan.
Congress nevertheless allowed for the
possibility that, in certain industries,
the fact that particular employers go out
of business (or cease operations in a
specific geographic region) might not
result in permanent damage to the
pension plan’s contribution base. In the
construction industry, for example, the
work must necessarily take place at the
construction site; if that work generates
contributions to the pension plan, it
does not much matter which employer
does the work. Put another way, if a
construction employer goes out of
business, or stops operations in a
geographic area, pension plan
contributions will not diminish if a
second employer who contributes to the
plan fills the void. The plan’s
contribution base is damaged, therefore,
only if the employer stops contributing
to the plan but continues to perform
construction work in the jurisdiction of
the collective bargaining agreement.
This reasoning led Congress to adopt
a special definition of the term
‘‘withdrawal’’ for construction industry
plans. Section 4203(b)(2) of ERISA
provides that a complete withdrawal
occurs only if an employer ceases to
have an obligation to contribute under
a plan, but the employer nevertheless
performs previously covered work in
the jurisdiction of the collective
bargaining agreement anytime within
five years after the employer ceased its
contributions.1 There is a parallel rule
1 Section 4203(c)(1) of ERISA applies a similar
definition of complete withdrawal to the
entertainment industry, except that the pertinent
jurisdiction is the jurisdiction of the plan rather
than the jurisdiction of the collective bargaining
agreement. No plan has ever requested PBGC to
E:\FR\FM\29NON1.SGM
29NON1
]]>Agencies
[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Notices]
[Pages 71561-71562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6634]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]
STP Nuclear Operating Company, et al.; South Texas Project, Units
1 and 2; Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) 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 Facility Operating License No. NPF-76 and Facility
Operating License No. NPF-80 for the South Texas Project, Units 1 and 2
(STP), respectively, to the extent currently held by Texas Genco, LP
(Texas Genco). The City Public Service Board of San Antonio, and the
City of Austin, Texas, co-own the units with Texas Genco but are not
involved in this proposed action. STP Nuclear Operating Company
(STPNOC) is authorized to act for the owners, and has exclusive
responsibility and control over the physical construction, operation,
and maintenance of STP.
STP Nuclear Operating Company, acting on behalf of Texas Genco and
NRG Energy, Inc. (NRG Energy), has requested that the Commission
consent to the indirect transfer of control of Texas Genco's 44 percent
interest in STP. NRG Energy and Texas Genco LLC have entered into a
definitive agreement for NRG Energy to acquire all of the outstanding
equity of Texas Genco LLC, which indirectly owns 100 percent of Texas
Genco. Texas Genco and NRG Energy seek NRC consent to the indirect
transfer of control of the licenses to the extent held by Texas Genco
that will result from NRG Energy's acquisition of Texas Genco LLC.
In addition to its 44 percent undivided ownership interests in STP,
Texas Genco holds a corresponding interest in STPNOC, a not-for-profit
Texas corporation, which is the licensed operator of STP. Approval of
the indirect transfer of control of the licenses to the extent held by
STPNOC is also requested to the extent such approval is necessary. No
physical changes to STP or operational changes are being proposed in
the application.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the transfer of
a license, if the Commission determines that the proposed transferee is
qualified to hold the license and that the transfer is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission pursuant thereto.
Before issuance of the proposed conforming license amendment, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person whose interest may be affected by the Commission's action on the
application may request a hearing and, if not the applicant, may
petition for leave to intervene in a hearing proceeding on the
Commission's action. Requests for a hearing and petitions for leave to
intervene should be filed in accordance with the Commission's rules of
practice set forth in Subpart C ``Rules of General Applicability:
Hearing Requests, Petitions to Intervene, Availability of Documents,
Selection of Specific Hearing Procedures, Presiding Officer Powers, and
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR
Part 2. In particular, such requests and petitions must comply with the
requirements set forth in 10 CFR 2.309. Untimely requests and petitions
may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for
failure to file on time is established. In addition, an untimely
request or petition should address the factors that the Commission will
also consider, in reviewing untimely requests or petitions, set forth
in 10 CFR 2.309(c)(1)(i)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon counsel for STPNOC, Mr. John E. Matthews at Morgan,
Lewis & Bockius, LLP, 1111 Pennsylvania Avenue, NW., Washington, DC
20004 (tel: 202-739-5524; fax: 202-739-3001; e-mail:
jmatthews@morganlewis.com); counsel
[[Page 71562]]
for NRG Energy, Dr. William R. Hollaway at Skadden, Arps, Slate,
Meagher & Flom LLP, 1440 New York Avenue, Washington, DC 20005 (tel:
202-371-7819; fax: 202-371-7939; e-mail: whollawa@skadden.com); and
counsel for Texas Genco, Mr. Nicholas S. Reynolds at Winston and
Strawn, LLP, 1700 K Street, NW., Washington, DC 20006-3817 (tel: 202-
282-5717; fax: 202-282-5100; e-mail: nreynolds@winston.com); the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001 (e-mail address for filings regarding license transfer cases
only: OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications staff, in accordance with 10 CFR 2.302
and 2.305.
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.
As an alternative to requests for hearing and petitions to
intervene, 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 to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this action, see the
application dated October 14, 2005, available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible
electronically from the Agencywide Documents Access and Management
System's (ADAMS) Public Electronic Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/reading-rm/adams.html. Persons who do
not have access to ADAMS or who encounter problems in accessing the
documents located in ADAMS, should contact the NRC PDR Reference staff
by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland this 21st day of November 2005.
For The Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV , Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E5-6634 Filed 11-28-05; 8:45 am]
BILLING CODE 7590-01-P
