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: http://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 http://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 http://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] BILLING CODE 7590–01–P PO 00000 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: http://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