In the Matter of: Entergy Nuclear Operations, Inc.; Entergy Nuclear Generation Co. (Pilgrim Nuclear Power Station); Entergy Nuclear Indian Point 2, LLC (Indian Point Nuclear Generating Unit Nos. 1 and 2) and 72-51 Entergy Nuclear Indian Point 3, LLC (Indian Point Nuclear Generating Unit No. 3), Entergy Nuclear FitzPatrick, LLC (James A. FitzPatrick Nuclear Power Plant), Entergy Nuclear Vermont Yankee, LLC; (Vermont Yankee Nuclear Power Station), Entergy Nuclear Palisades, LLC (Palisades Nuclear Plant) (Big Rock Point); Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses, 38476-38477 [E9-18435]
Download as PDF
38476
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0336; Docket No. 50–293;
License No. DPR–35; Docket Nos. 50–003,
50–247; License Nos. DPR–5, DPR–26;
Docket No. 50–286; License No. DPR–64;
Docket Nos. 50–333 and 72–12; License No.
DPR–59; Docket Nos. 50–271 and 72–59;
License No. DPR–28; Docket Nos. 50–155
and 72–43; License No. DPR–6]
In the Matter of: Entergy Nuclear
Operations, Inc.; Entergy Nuclear
Generation Co. (Pilgrim Nuclear Power
Station); Entergy Nuclear Indian Point
2, LLC (Indian Point Nuclear
Generating Unit Nos. 1 and 2) and 72–
51 Entergy Nuclear Indian Point 3, LLC
(Indian Point Nuclear Generating Unit
No. 3), Entergy Nuclear FitzPatrick,
LLC (James A. FitzPatrick Nuclear
Power Plant), Entergy Nuclear Vermont
Yankee, LLC; (Vermont Yankee
Nuclear Power Station), Entergy
Nuclear Palisades, LLC (Palisades
Nuclear Plant) (Big Rock Point); Order
Extending the Effectiveness of the
Approval of the Indirect Transfer of
Facility Operating Licenses
sroberts on DSKD5P82C1PROD with NOTICES
I
Entergy Nuclear Operations, Inc.
(ENO) and Entergy Nuclear Generation
Company (Entergy Nuclear) are coholders of the Facility Operating
License, No. DPR–35, which authorizes
the possession, use, and operation of the
Pilgrim Nuclear Power Station (Pilgrim).
Pilgrim is a boiling water nuclear
reactor that is owned by Entergy
Nuclear and operated by ENO. The
facility is located on the western shore
of Cape Cod in the town of Plymouth on
the Entergy Nuclear site in Plymouth
County, Massachusetts.
ENO and Entergy Nuclear Indian
Point 2, LLC (ENIP2) are co-holders of
the Facility Operating License, No.
DPR–5, which authorizes the possession
of the Indian Point Nuclear Generating
Unit No. 1 (IP1). IP1 is a pressurized
water nuclear reactor that is owned by
ENIP2 and maintained by ENO. IP1 was
permanently shut down in 1974 and
placed in a safe storage condition
pending decommissioning. The facility
is located in Westchester County, New
York.
ENO and ENIP2 are co-holders of the
Facility Operating License, No. DPR–26,
which authorizes the possession, use,
and operation of the Indian Point
Nuclear Generating Unit No. 2 (IP2).
ENO and Entergy Nuclear Indian Point
3, LLC (ENIP3) are co-holders of the
Facility Operating License, No. DPR–64,
which authorizes the possession, use,
and operation of the Indian Point
Nuclear Generating Unit No. 3 (IP3). IP2
VerDate Nov<24>2008
16:05 Jul 31, 2009
Jkt 217001
and IP3 are both pressurized water
nuclear reactors that are owned by
ENIP2 and ENIP3, respectively, and
operated by ENO. The facilities are
located in Westchester County, New
York.
ENO and Entergy Nuclear FitzPatrick,
LLC (EN–FitzPatrick) are co-holders of
the Facility Operating License, No.
DPR–59, which authorizes the
possession, use, and operation of the
James A. FitzPatrick Nuclear Power
Plant (FitzPatrick). FitzPatrick is a
boiling water nuclear reactor that is
owned by EN–FitzPatrick and operated
by ENO. The facility is located in
Scriba, Oswego County, New York.
ENO and Entergy Nuclear Vermont
Yankee, LLC (EN–Vermont Yankee) are
co-holders of the Facility Operating
License, No. DPR–28, which authorizes
the possession, use, and operation of the
Vermont Yankee Nuclear Power Station
(Vermont Yankee). Vermont Yankee is a
boiling water nuclear reactor that is
owned by EN–Vermont Yankee and
operated by ENO. The facility is located
in the town of Vernon, Windham
County, Vermont.
ENO and Entergy Nuclear Palisades,
LLC (EN–Palisades) are co-holders of
the Renewed Facility Operating License,
No. DPR–20, which authorizes the
possession, use, and operation of the
Palisades Nuclear Plant (Palisades).
Palisades is a pressurized water nuclear
reactor that is owned by EN–Palisades
and operated by ENO. The facility is
located in Van Buren County, Michigan.
ENO and EN–Palisades are co-holders
of the Facility Operating License, No.
DPR–06, which authorizes the
possession of Big Rock Point. Big Rock
Point is an independent spent fuel
storage installation (ISFSI) that is owned
by EN–Palisades and operated by ENO.
The facility is located in Charlevoix
County, Michigan.
II
The NRC’s Orders dated July 28, 2008,
consented to the indirect transfer of
control of the licenses of the above
facilities pursuant to Section 50.80 of
Title 10 of the Code of Federal
Regulations in connection with a
proposed corporate restructuring and
establishment of Enexus Energy
Corporation. By its terms, the Orders of
July 28, 2008, become null and void if
the license transfers are not completed
by July 28, 2009, unless upon
application and for good cause shown,
such date is extended by the
Commission.
III
By letter dated May 15, 2009, as
supplemented by letter dated May 29,
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
2009, ENO, acting on behalf of itself,
Entergy Nuclear, ENIP2, ENIP3, EN–
FitzPatrick, EN–Vermont Yankee, and
EN–Palisades, submitted a request for
an extension of the effectiveness of the
Orders of July 28, 2008, such that they
would remain effective until January 28,
2010. According to the submittal,
diligent efforts have been made to
obtain the required State and Federal
regulatory approvals, and many of the
required approvals have been obtained.
However, proceedings are ongoing
before the New York State Public
Service Commission and the State of
Vermont Public Service Board and these
two State agencies may not complete
their regulatory approval processes in
time to complete the restructuring and
establishment of Enexus Energy
Corporation prior to July 28, 2009, as
required by the NRC Orders consenting
to the proposed restructuring and
associated indirect license transfers.
In addition, according to the
submittal, considerable progress has
been made in securing financing to
support the proposed transactions.
However, uncertainties in the current
financial markets and the need to obtain
required State regulatory approvals have
slowed the process of obtaining all of
the requisite financing necessary to
complete the transactions, making it
difficult for the licensees to conclude
that all of the necessary arrangements
will be complete in time to support a
closing of the transactions by July 28,
2009.
Finally, the licensee has concluded
that there has been no material change
in the technical and financial
qualifications presented in the original
application and relied upon by the NRC
staff under which the NRC issued the
Orders. According to the submittal, the
technical qualifications of the new
organization and other bases for
approving the transfers remain intact,
and the various inter-company
contractual arrangements and the
financial support arrangements, as
described in the original application
and supplemental information, remain
valid and fully support the NRC staff’s
findings.
On June 3, 2009, Mr. Sherwood
Martinelli submitted a request for
hearing regarding the extension, which
is currently pending before the
Commission.
The NRC staff has considered the
submittal of May 15, 2009, as
supplemented by letter dated May 29,
2009, and has determined that good
cause has been shown to extend the
effectiveness of the Orders of July 28,
2008, as requested.
E:\FR\FM\03AUN1.SGM
03AUN1
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
IV
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended, 42
U.S.C. 2201(b), 2201(i), 2201(o), and
2234; and 10 CFR 50.80, IT IS HEREBY
ORDERED that the effectiveness of the
Orders of July 28, 2008, described
herein, are extended such that if the
proposed corporate restructuring and
establishment of Enexus Energy
Corporation is not consummated by
January 28, 2010, the Orders of July 28,
2008, shall become null and void,
unless upon application and for good
cause shown, such date is further
extended by Order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the submittal dated May 15,
2009 (Agencywide Documents Access
and Management System (ADAMS)
Accession No. ML091420271), as
supplemented by letter dated May 29,
2009 (ADAMS Accession No.
ML091600059), which may be
examined, and/or copied for a fee, at the
NRC’s Public Document Room, located
at One White Flint North, 11555
Rockville Pike (first floor), Rockville,
MD, and accessible electronically
through the ADAMS Public Electronic
Reading Room link at the NRC Web site:
https://www.nrc.gov.
Dated at Rockville, Maryland, this 24th day
of July 2009.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials
and Environmental Management Programs.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Michael F. Weber,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. E9–18435 Filed 7–31–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0337]
sroberts on DSKD5P82C1PROD with NOTICES
Florida Power & Light Company;
Notice of Receipt and Availability of
Application for a Combined License
On June 30, 2009, Florida Power &
Light Company (FPL or the applicant)
filed with the Nuclear Regulatory
Commission (NRC, the Commission)
pursuant to section 103 of the Atomic
Energy Act and Title 10 of the Code of
Federal Regulations (10 CFR) part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants,’’ an
VerDate Nov<24>2008
16:05 Jul 31, 2009
Jkt 217001
application for a combined license
(COL) for two AP1000 advanced passive
pressurized water reactor nuclear power
plants at the Turkey Point facility near
the town of Homestead in Miami-Dade
County, Florida. The reactors are to be
identified as Turkey Point Units 6 and
7.
An applicant may seek a COL in
accordance with subpart C of 10 CFR
part 52. The information submitted by
the applicant includes certain
administrative information such as
financial qualifications submitted
pursuant to 10 CFR 52.77, as well as
technical information submitted
pursuant to 10 CFR 52.79. The applicant
requested exemptions from certain
requirements of section IV.A.2. of
Appendix D to 10 CFR part 52 and 10
CFR 52.79(a)(36)(iii) and 10 CFR
52.80(d), as described in part 7 of the
application. Also, FPL requested a
Limited Work Authorization under 10
CFR 50.10(d) in advance of the COL to
allow the early performance of certain
construction activities. Subsequent
Federal Register notices will address
the acceptability of the tendered COL
application for docketing and provisions
for participation of the public in the
COL review process.
A copy of the application is 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, and via the Agencywide
Documents Access and Management
System (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site https://www.nrc.gov/
reading-rm/adams.html. The accession
number for the cover letter of the
application is ML091830589. The
complete application is available at
https://www.nrc.gov/reactors/newreactors/col/turkey-point.html. Future
publicly available documents related to
the application will also be posted in
ADAMS. Persons who do not have
access to ADAMS, or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC Public Document Room staff by
telephone at 1–800–397–4209 or 301–
415–4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 23rd day
of July 2009.
For the Nuclear Regulatory Commission.
Amy M. Snyder,
Senior Project Manager, AP 1000 Projects
Branch 1, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. E9–18486 Filed 7–31–09; 8:45 am]
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Frm 00087
Fmt 4703
Sfmt 4703
38477
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60392; File No. SR–Phlx–
2009–57]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NASDAQ
OMX PHLX, Inc. Relating to a Pilot
Program for U.S. Dollar-Settled Foreign
Currency Options
July 28, 2009.
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 July 8,
2009, NASDAQ OMX PHLX, Inc.
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II
and III 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to initiate a
Pilot Program, for a period beginning
July 13, 2009 and ending December 31,
2009, applicable to specialists and
Registered Options Traders (‘‘ROTs’’) 3
trading certain U.S. dollar-settled
foreign currency options (‘‘FCOs’’),
specifically the Mexican peso, Swedish
krona, South African rand or the New
Zealand dollar (‘‘Pilot FCOs’’).4 The
Pilot Program would allow the
Exchange to waive the applicable
specialist and ROT option transaction
fees for specialists and ROTs trading
Pilot FCOs.5 Furthermore, the Exchange
Pilot Program would allow the
Exchange to pay a $1,700 monthly
stipend (‘‘Monthly Stipend’’) per
currency to each member organization
acting as a specialist.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 A ROT is a regular member or a foreign currency
options participant of the Exchange located on the
trading floor who has received permission from the
Exchange to trade in options for his own account.
The term ‘‘ROT’’ shall include a Streaming Quote
Trader, and a Remote Streaming Quote Trader. See
Exchange Rule 1014.
4 The Exchange recently filed to list and trade
options in these Pilot FCOs. See Securities
Exchange Release No. 61069 (June 24, 2009), 74 FR
31782 (July 2, 2009) (SR–Phlx–2009–40) (modifying
the pricing methodology for FCOs). The Pilot FCOs
are listed and traded electronically over the
Exchange’s options trading platform.
5 FCOs are currently traded on the Exchange
under the name PHLX World Currency Options®
(‘‘WCOs’’).
2 17
E:\FR\FM\03AUN1.SGM
03AUN1
Agencies
[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38476-38477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18435]
[[Page 38476]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0336; Docket No. 50-293; License No. DPR-35; Docket Nos. 50-
003, 50-247; License Nos. DPR-5, DPR-26; Docket No. 50-286; License No.
DPR-64; Docket Nos. 50-333 and 72-12; License No. DPR-59; Docket Nos.
50-271 and 72-59; License No. DPR-28; Docket Nos. 50-155 and 72-43;
License No. DPR-6]
In the Matter of: Entergy Nuclear Operations, Inc.; Entergy
Nuclear Generation Co. (Pilgrim Nuclear Power Station); Entergy Nuclear
Indian Point 2, LLC (Indian Point Nuclear Generating Unit Nos. 1 and 2)
and 72-51 Entergy Nuclear Indian Point 3, LLC (Indian Point Nuclear
Generating Unit No. 3), Entergy Nuclear FitzPatrick, LLC (James A.
FitzPatrick Nuclear Power Plant), Entergy Nuclear Vermont Yankee, LLC;
(Vermont Yankee Nuclear Power Station), Entergy Nuclear Palisades, LLC
(Palisades Nuclear Plant) (Big Rock Point); Order Extending the
Effectiveness of the Approval of the Indirect Transfer of Facility
Operating Licenses
I
Entergy Nuclear Operations, Inc. (ENO) and Entergy Nuclear
Generation Company (Entergy Nuclear) are co-holders of the Facility
Operating License, No. DPR-35, which authorizes the possession, use,
and operation of the Pilgrim Nuclear Power Station (Pilgrim). Pilgrim
is a boiling water nuclear reactor that is owned by Entergy Nuclear and
operated by ENO. The facility is located on the western shore of Cape
Cod in the town of Plymouth on the Entergy Nuclear site in Plymouth
County, Massachusetts.
ENO and Entergy Nuclear Indian Point 2, LLC (ENIP2) are co-holders
of the Facility Operating License, No. DPR-5, which authorizes the
possession of the Indian Point Nuclear Generating Unit No. 1 (IP1). IP1
is a pressurized water nuclear reactor that is owned by ENIP2 and
maintained by ENO. IP1 was permanently shut down in 1974 and placed in
a safe storage condition pending decommissioning. The facility is
located in Westchester County, New York.
ENO and ENIP2 are co-holders of the Facility Operating License, No.
DPR-26, which authorizes the possession, use, and operation of the
Indian Point Nuclear Generating Unit No. 2 (IP2). ENO and Entergy
Nuclear Indian Point 3, LLC (ENIP3) are co-holders of the Facility
Operating License, No. DPR-64, which authorizes the possession, use,
and operation of the Indian Point Nuclear Generating Unit No. 3 (IP3).
IP2 and IP3 are both pressurized water nuclear reactors that are owned
by ENIP2 and ENIP3, respectively, and operated by ENO. The facilities
are located in Westchester County, New York.
ENO and Entergy Nuclear FitzPatrick, LLC (EN-FitzPatrick) are co-
holders of the Facility Operating License, No. DPR-59, which authorizes
the possession, use, and operation of the James A. FitzPatrick Nuclear
Power Plant (FitzPatrick). FitzPatrick is a boiling water nuclear
reactor that is owned by EN-FitzPatrick and operated by ENO. The
facility is located in Scriba, Oswego County, New York.
ENO and Entergy Nuclear Vermont Yankee, LLC (EN-Vermont Yankee) are
co-holders of the Facility Operating License, No. DPR-28, which
authorizes the possession, use, and operation of the Vermont Yankee
Nuclear Power Station (Vermont Yankee). Vermont Yankee is a boiling
water nuclear reactor that is owned by EN-Vermont Yankee and operated
by ENO. The facility is located in the town of Vernon, Windham County,
Vermont.
ENO and Entergy Nuclear Palisades, LLC (EN-Palisades) are co-
holders of the Renewed Facility Operating License, No. DPR-20, which
authorizes the possession, use, and operation of the Palisades Nuclear
Plant (Palisades). Palisades is a pressurized water nuclear reactor
that is owned by EN-Palisades and operated by ENO. The facility is
located in Van Buren County, Michigan.
ENO and EN-Palisades are co-holders of the Facility Operating
License, No. DPR-06, which authorizes the possession of Big Rock Point.
Big Rock Point is an independent spent fuel storage installation
(ISFSI) that is owned by EN-Palisades and operated by ENO. The facility
is located in Charlevoix County, Michigan.
II
The NRC's Orders dated July 28, 2008, consented to the indirect
transfer of control of the licenses of the above facilities pursuant to
Section 50.80 of Title 10 of the Code of Federal Regulations in
connection with a proposed corporate restructuring and establishment of
Enexus Energy Corporation. By its terms, the Orders of July 28, 2008,
become null and void if the license transfers are not completed by July
28, 2009, unless upon application and for good cause shown, such date
is extended by the Commission.
III
By letter dated May 15, 2009, as supplemented by letter dated May
29, 2009, ENO, acting on behalf of itself, Entergy Nuclear, ENIP2,
ENIP3, EN-FitzPatrick, EN-Vermont Yankee, and EN-Palisades, submitted a
request for an extension of the effectiveness of the Orders of July 28,
2008, such that they would remain effective until January 28, 2010.
According to the submittal, diligent efforts have been made to obtain
the required State and Federal regulatory approvals, and many of the
required approvals have been obtained. However, proceedings are ongoing
before the New York State Public Service Commission and the State of
Vermont Public Service Board and these two State agencies may not
complete their regulatory approval processes in time to complete the
restructuring and establishment of Enexus Energy Corporation prior to
July 28, 2009, as required by the NRC Orders consenting to the proposed
restructuring and associated indirect license transfers.
In addition, according to the submittal, considerable progress has
been made in securing financing to support the proposed transactions.
However, uncertainties in the current financial markets and the need to
obtain required State regulatory approvals have slowed the process of
obtaining all of the requisite financing necessary to complete the
transactions, making it difficult for the licensees to conclude that
all of the necessary arrangements will be complete in time to support a
closing of the transactions by July 28, 2009.
Finally, the licensee has concluded that there has been no material
change in the technical and financial qualifications presented in the
original application and relied upon by the NRC staff under which the
NRC issued the Orders. According to the submittal, the technical
qualifications of the new organization and other bases for approving
the transfers remain intact, and the various inter-company contractual
arrangements and the financial support arrangements, as described in
the original application and supplemental information, remain valid and
fully support the NRC staff's findings.
On June 3, 2009, Mr. Sherwood Martinelli submitted a request for
hearing regarding the extension, which is currently pending before the
Commission.
The NRC staff has considered the submittal of May 15, 2009, as
supplemented by letter dated May 29, 2009, and has determined that good
cause has been shown to extend the effectiveness of the Orders of July
28, 2008, as requested.
[[Page 38477]]
IV
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the
effectiveness of the Orders of July 28, 2008, described herein, are
extended such that if the proposed corporate restructuring and
establishment of Enexus Energy Corporation is not consummated by
January 28, 2010, the Orders of July 28, 2008, shall become null and
void, unless upon application and for good cause shown, such date is
further extended by Order.
This Order is effective upon issuance.
For further details with respect to this Order, see the submittal
dated May 15, 2009 (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML091420271), as supplemented by letter dated May
29, 2009 (ADAMS Accession No. ML091600059), which may be examined, and/
or copied for a fee, at the NRC's Public Document Room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville, MD,
and accessible electronically through the ADAMS Public Electronic
Reading Room link at the NRC Web site: https://www.nrc.gov.
Dated at Rockville, Maryland, this 24th day of July 2009.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E9-18435 Filed 7-31-09; 8:45 am]
BILLING CODE 7590-01-P