In the Matter of Connecticut Yankee Atomic Power Company; Northeast Utilities; NSTAR (Haddam Neck Plant); Order Approving Application Regarding Proposed Merger, 133-134 [2011-33647]
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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Notices
• Minimize the burden of the
collection of information on those who
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use of appropriate automated,
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e.g., permitting electronic submission of
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Agency: Office of the Assistant
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Linda Watts Thomas,
Acting Departmental Clearance Officer.
[FR Doc. 2011–33621 Filed 12–30–11; 8:45 am]
BILLING CODE 4510–23–P
LIBRARY OF CONGRESS
Copyright Royalty Board
Determination of Rates and Terms for
Business Establishment Services
Copyright Royalty Board,
Library of Congress.
ACTION: Notice announcing
commencement of proceeding with
request for Petitions to Participate.
AGENCY:
The Copyright Royalty Judges
are announcing the commencement of
the proceeding to determine the
reasonable rates and terms for the
making of an ephemeral recording of a
sound recording for a later transmission
by entities that transmit performances of
a sound recording to business
establishments. The Judges also are
announcing the date by which a party
who wishes to participate in this rate
proceeding must file its Petition to
Participate and the accompanying $150
filing fee.
DATES: Petitions to Participate and the
filing fee are due no later than February
2, 2012.
ADDRESSES: An original, five copies and
an electronic copy in Portable
Document Format (PDF) on a CD of the
Petition to Participate, along with the
$150 filing fee, may be delivered to the
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rates and terms for the 2014–2018
license period. Section 803(b)(1)(A)(i)(II)
directs the Judges to publish in the
Federal Register a notice commencing
this proceeding by no later than January
5, 2012. Today’s notice fulfills this
requirement.
Petitions To Participate
Petitions to Participate must be filed
in accordance with § 351.1(b) of the
Judges’ regulations. See 37 CFR
351.1(b). Petitions to Participate must be
accompanied by a $150 filing fee.
Parties must pay the filing fee with a
check or money order made payable to
the ‘‘Copyright Royalty Board.’’ If a
check received in payment of the filing
fee is returned for lack of sufficient
funds, the corresponding Petition to
Participate will be dismissed.
In accordance with 37 CFR 350.2
(Representation), only attorneys who are
members of the bar in one or more states
or the District of Columbia and in good
standing will be allowed to represent
parties before the Copyright Royalty
Judges, unless a party is an individual
who represents himself or herself.
Dated: December 28, 2011.
Stanley C. Wisniewski,
U.S. Copyright Royalty Judge.
[FR Doc. 2011–33632 Filed 12–30–11; 8:45 am]
BILLING CODE 1410–72–P
Background
[Docket No. 2012–1 CRB Business
Establishments II]
SUMMARY:
Copyright Royalty Board by either mail
or hand delivery. Petitions to Participate
and the $150 filing fee may not be
delivered by overnight delivery service
other than the U.S. Postal Service
Express Mail. If by mail (including
overnight delivery), Petitions to
Participate and the filing fee must be
addressed to: Copyright Royalty Board,
P.O. Box 70977, Washington, DC 20024–
0977. If hand delivered by a private
party, Petitions to Participate and the
filing fee must be brought between 8:30
a.m. and 5 p.m. to the Library of
Congress, James Madison Memorial
Building, LM–401, 101 Independence
Avenue SE., Washington, DC 20559–
6000. If delivered by a commercial
courier, Petitions to Participate and the
filing fee must be delivered between
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Congressional Courier Acceptance Site,
located at 2nd and D Street NE.,
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addressed to: Copyright Royalty Board,
Library of Congress, James Madison
Memorial Building, Room LM–403, 101
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DC 20559–6000.
FOR FURTHER INFORMATION CONTACT:
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telephone at (202) 707–7658 or email at
crb@loc.gov.
SUPPLEMENTARY INFORMATION:
133
This Notice is issued pursuant to 17
U.S.C. 804(b)(2), which requires the
commencement of proceedings ‘‘to
determine reasonable terms and rates of
royalty payments for the activities
described in section 112(e)(1) relating to
the limitation on exclusive rights
specified by section 114(d)(1)(C)(iv).’’
Section 112(e)(1) of the Copyright Act,
title 17 of the United States Code,
authorizes entities that transmit
performances of sound recordings to
business establishments, pursuant to the
limitations set forth in section
114(d)(1)(C)(iv), to make an ephemeral
phonorecord of a sound recording for
purposes of a later transmission. In
accordance with section 804(b)(2) as
amended by the Copyright Royalty and
Distribution Reform Act of 2004, the
first proceeding was commenced in
2007, 72 FR 584 (January 5, 2007); on
March 27, 2008, the Copyright Royalty
Judges published regulations that set the
rates and terms for the license period
2009–2013. Section 804(b)(2) also
requires that such proceedings ‘‘shall be
repeated in each subsequent fifth
calendar year.’’ Thus, in accordance
with section 804(b)(2) of the Copyright
Act, the Judges announce the
commencement of the proceeding to set
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–213, 72–39; License No.
DPR–61; NRC–2011–0158]
In the Matter of Connecticut Yankee
Atomic Power Company; Northeast
Utilities; NSTAR (Haddam Neck Plant);
Order Approving Application
Regarding Proposed Merger
I
Connecticut Yankee Atomic Power
Company (Connecticut Yankee or the
licensee) is the holder of Facility
Operating License No. DPR–61, which
authorizes possession, use, and
operation of the Independent Spent Fuel
Storage Installation at the Haddam Neck
Plant. The facility is located at the
licensee’s site in Haddam, Connecticut.
II
By application dated December 6,
2010, as supplemented on March 16,
May 16, June 8, August 16, August 24,
and August 25, 2011 (together, the
‘‘application’’), Connecticut Yankee
notified the Nuclear Regulatory
Commission (NRC or the Commission)
of the pending merger of Northeast
Utilities and NSTAR (each current
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03JAN1
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134
Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Notices
indirect minority co-owners of 49
percent and 14 percent, respectively, of
Connecticut Yankee) and requested that,
pursuant to Section 184 of the Atomic
Energy Act of 1954, as amended (AEA),
and Title 10 of the Code of Federal
Regulations (10 CFR) 50.80, the NRC
consent to the indirect transfer of
control of License No. DPR–61 for the
Haddam Neck Plant, to the extent
effected by the pending merger of
Northeast Utilities and NSTAR.
The increase in ownership by
Northeast Utilities of Connecticut
Yankee would be the result of several
transactions to be executed pursuant to
a Merger Agreement, dated October 16,
2010, as amended on November 1, 2010,
among Northeast Utilities, NSTAR and
certain subsidiaries of Northeast
Utilities. The transactions involve
mergers of NSTAR and special-purpose
subsidiaries of Northeast Utilities,
which will result in NSTAR merging
into a subsidiary of Northeast Utilities
and becoming a wholly-owned
subsidiary of Northeast Utilities. This
subsidiary will be renamed ‘‘NSTAR
LLC.’’ The corporate organizational and
ownership structure of all the other
subsidiaries of Northeast Utilities and
NSTAR will not be affected by the
merger—those subsidiaries that are
currently owned by Northeast Utilities
will continue to be owned by Northeast
Utilities and in the same ownership
percentage after the merger, and those
that are currently owned by NSTAR will
be owned by the renamed entity,
NSTAR LLC, and in the same ownership
percentage after the merger as before the
merger.
Following the proposed merger,
Northeast Utilities, the surviving
company, will have an indirect
ownership of 63 percent of Connecticut
Yankee through its subsidiaries, The
Connecticut Light and Power Company,
Public Service Company of New
Hampshire, Western Massachusetts
Electric Company, and NSTAR Electric
Company. Connecticut Yankee will
continue to operate the facility and hold
the license.
No physical changes to the Haddam
Neck Plant facility or operational
changes are being proposed in the
application.
Approval of the transfer of the license
is requested by the applicant pursuant
to 10 CFR 50.80. Notice of the request
for license transfer, opportunity to
comment, and opportunity to request a
hearing was published in the Federal
Register on July 14, 2011 (76 FR 41530).
No comments or hearing requests were
received.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
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transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. Upon review
of the information in the application
and other information before the
Commission, and relying upon the
representations contained in the
application, the NRC staff has
determined that the proposed indirect
transfer of control of the subject license,
to the extent which will result from the
proposed merger of Northeast Utilities
and NSTAR, will not affect the technical
or financial qualifications of the
licensee and is otherwise consistent
with applicable provisions of law,
regulations, and Orders issued by the
NRC, pursuant thereto, subject to the
condition set forth below.
The findings set forth above are
supported by the NRC staff’s safety
evaluation (SE) dated December 20,
2011.
III
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the AEA,
42 U.S.C. Sections 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80, IT
IS HEREBY ORDERED that the
application regarding the indirect
license transfer related to the proposed
merger of Northeast Utilities and
NSTAR, as described herein, is
approved, subject to the following
condition:
Within thirty (30) days following
consummation of the proposed merger,
Northeast Utilities, via its post-merger
subsidiaries, The Connecticut Light and
Power Company, Western Massachusetts
Electric Company, Public Service Company
of New Hampshire, and NSTAR Electric
Company, who together will exercise
majority control, will call for votes directing
that Connecticut Yankee approve a negation
action plan consistent with the requirements
of 10 CFR 50.38 and implement said plan
within 30 days of the vote, and directing that
records of the votes, reflecting the vote of
each representative and the stock holder
company represented, be forwarded to the
NRC within seven (7) days of the vote, and
be made available to the public.
It is further ordered that Connecticut
Yankee shall inform the Director of the
Office of Nuclear Material Safety and
Safeguards, in writing, of the date of
closing of the merger between Northeast
Utilities and NSTAR at least one
business day before the closing. Should
the transfer of the license not be
completed within one year of this
Order’s date of issuance, this Order
shall become null and void, provided,
however, that upon written application
and for good cause shown, such date
may be extended by Order.
This Order is effective upon issuance.
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For further details with respect to this
Order, see the initial application dated
December 6, 2010 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML103490133), as supplemented by
letters dated on March 16
(ML110770022), May 16
(ML11139A088), June 8
(ML11166A124), August 16
(ML11235A723), August 24
(ML11243A087), and August 25, 2011
(ML112490526), and the SE dated
December 20, 2011 (ML113270127),
which are available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville
Pike, Room O–1 F21 (First Floor),
Rockville, Maryland, and accessible
electronically from the 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 or (301) 415–4737, or by
email at pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 20th day
of December, 2011.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Acting Director, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2011–33647 Filed 12–30–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–029, 72–31; NRC–2011–
0159; License No. DPR–3]
In the Matter of Yankee Atomic Electric
Company; Northeast Utilities; NSTAR
(Yankee Nuclear Power Station); Order
Approving Application Regarding
Proposed Merger
I
Yankee Atomic Electric Company
(Yankee Atomic or the licensee) is the
holder of Facility Operating License No.
DPR–3, which authorizes possession,
use, and operation of the Independent
Spent Fuel Storage Installation at the
Yankee Nuclear Power Station. The
facility is located at the licensee’s site in
Rowe, Massachusetts.
II
By application dated December 6,
2010, as supplemented on March 16,
May 16, June 8, August 16, August 24,
and August 25, 2011 (together, the
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 133-134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33647]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-213, 72-39; License No. DPR-61; NRC-2011-0158]
In the Matter of Connecticut Yankee Atomic Power Company;
Northeast Utilities; NSTAR (Haddam Neck Plant); Order Approving
Application Regarding Proposed Merger
I
Connecticut Yankee Atomic Power Company (Connecticut Yankee or the
licensee) is the holder of Facility Operating License No. DPR-61, which
authorizes possession, use, and operation of the Independent Spent Fuel
Storage Installation at the Haddam Neck Plant. The facility is located
at the licensee's site in Haddam, Connecticut.
II
By application dated December 6, 2010, as supplemented on March 16,
May 16, June 8, August 16, August 24, and August 25, 2011 (together,
the ``application''), Connecticut Yankee notified the Nuclear
Regulatory Commission (NRC or the Commission) of the pending merger of
Northeast Utilities and NSTAR (each current
[[Page 134]]
indirect minority co-owners of 49 percent and 14 percent, respectively,
of Connecticut Yankee) and requested that, pursuant to Section 184 of
the Atomic Energy Act of 1954, as amended (AEA), and Title 10 of the
Code of Federal Regulations (10 CFR) 50.80, the NRC consent to the
indirect transfer of control of License No. DPR-61 for the Haddam Neck
Plant, to the extent effected by the pending merger of Northeast
Utilities and NSTAR.
The increase in ownership by Northeast Utilities of Connecticut
Yankee would be the result of several transactions to be executed
pursuant to a Merger Agreement, dated October 16, 2010, as amended on
November 1, 2010, among Northeast Utilities, NSTAR and certain
subsidiaries of Northeast Utilities. The transactions involve mergers
of NSTAR and special-purpose subsidiaries of Northeast Utilities, which
will result in NSTAR merging into a subsidiary of Northeast Utilities
and becoming a wholly-owned subsidiary of Northeast Utilities. This
subsidiary will be renamed ``NSTAR LLC.'' The corporate organizational
and ownership structure of all the other subsidiaries of Northeast
Utilities and NSTAR will not be affected by the merger--those
subsidiaries that are currently owned by Northeast Utilities will
continue to be owned by Northeast Utilities and in the same ownership
percentage after the merger, and those that are currently owned by
NSTAR will be owned by the renamed entity, NSTAR LLC, and in the same
ownership percentage after the merger as before the merger.
Following the proposed merger, Northeast Utilities, the surviving
company, will have an indirect ownership of 63 percent of Connecticut
Yankee through its subsidiaries, The Connecticut Light and Power
Company, Public Service Company of New Hampshire, Western Massachusetts
Electric Company, and NSTAR Electric Company. Connecticut Yankee will
continue to operate the facility and hold the license.
No physical changes to the Haddam Neck Plant facility or
operational changes are being proposed in the application.
Approval of the transfer of the license is requested by the
applicant pursuant to 10 CFR 50.80. Notice of the request for license
transfer, opportunity to comment, and opportunity to request a hearing
was published in the Federal Register on July 14, 2011 (76 FR 41530).
No comments or hearing requests were received.
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. Upon review of the information in the application and other
information before the Commission, and relying upon the representations
contained in the application, the NRC staff has determined that the
proposed indirect transfer of control of the subject license, to the
extent which will result from the proposed merger of Northeast
Utilities and NSTAR, will not affect the technical or financial
qualifications of the licensee and is otherwise consistent with
applicable provisions of law, regulations, and Orders issued by the
NRC, pursuant thereto, subject to the condition set forth below.
The findings set forth above are supported by the NRC staff's
safety evaluation (SE) dated December 20, 2011.
III
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
AEA, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR
50.80, IT IS HEREBY ORDERED that the application regarding the indirect
license transfer related to the proposed merger of Northeast Utilities
and NSTAR, as described herein, is approved, subject to the following
condition:
Within thirty (30) days following consummation of the proposed
merger, Northeast Utilities, via its post-merger subsidiaries, The
Connecticut Light and Power Company, Western Massachusetts Electric
Company, Public Service Company of New Hampshire, and NSTAR Electric
Company, who together will exercise majority control, will call for
votes directing that Connecticut Yankee approve a negation action
plan consistent with the requirements of 10 CFR 50.38 and implement
said plan within 30 days of the vote, and directing that records of
the votes, reflecting the vote of each representative and the stock
holder company represented, be forwarded to the NRC within seven (7)
days of the vote, and be made available to the public.
It is further ordered that Connecticut Yankee shall inform the
Director of the Office of Nuclear Material Safety and Safeguards, in
writing, of the date of closing of the merger between Northeast
Utilities and NSTAR at least one business day before the closing.
Should the transfer of the license not be completed within one year of
this Order's date of issuance, this Order shall become null and void,
provided, however, that upon written application and for good cause
shown, such date may be extended by Order.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated December 6, 2010 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML103490133), as supplemented
by letters dated on March 16 (ML110770022), May 16 (ML11139A088), June
8 (ML11166A124), August 16 (ML11235A723), August 24 (ML11243A087), and
August 25, 2011 (ML112490526), and the SE dated December 20, 2011
(ML113270127), which are available for public inspection at the
Commission's Public Document Room (PDR), located at One White Flint
North, 11555 Rockville Pike, Room O-1 F21 (First Floor), Rockville,
Maryland, and accessible electronically from the 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 or (301) 415-4737, or by email at pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 20th day of December, 2011.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2011-33647 Filed 12-30-11; 8:45 am]
BILLING CODE 7590-01-P
