Notice of Sunshine Act Meetings, 65420-65421 [2012-26473]
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Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Notices
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jon
Thompson, Project Manager, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301–
415–1119; email:
jon.thompson@nrc.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the Director of the
Office of Nuclear Reactor Regulation has
issued a partial Director’s Decision with
regard to a petition dated October 20,
2011 (ADAMS Accession No.
ML11293A116), filed by the petitioners.
The petition was supplemented on
November 2, 2011 (ADAMS Accession
No. ML11308A027) and December 15,
2011 (ADAMS Accession No.
ML12060A197). The petition concerns
the operation of the North Anna Power
Station, Units 1 and 2 (North Anna 1
and 2), by the Virginia Electric and
Power Company (VEPCO or the
licensee). The petition requested that
the NRC suspend the operating licenses
for North Anna 1 and 2, until the
completion of a set of activities
described in the petition. The petitioner
also requested that a public meeting be
held to discuss this matter in the
Washington, DC area.
As the basis for the October 20, 2011,
request, the petitioner raised several
concerns, of which 12 were accepted for
review by the NRC staff by letter dated
March 16, 2012 (ADAMS Accession No.
ML12060A090). These summarized as
follows:
(1) Prior to the approval of restart for
North Anna 1 and 2, after the
earthquake of August 23, 2011, Virginia
Electric and Power Company (the
licensee) should be required to obtain a
license amendment from the NRC that
reanalyzes and reevaluates the plant’s
design basis for earthquakes and for
associated necessary retrofits.
(2) Prior to the approval of restart for
North Anna 1 and 2, after the
earthquake of August 23, 2011, the
licensee should be required to ensure
that North Anna 1 and 2, are subjected
to thorough inspections of the same
level and rigor.
(3) The licensee should be required to
reanalyze and reevaluate the North
Anna Independent Spent Fuel Storage
Installation (ISFSI) due to damage
caused by the earthquake of August 23,
2011, and ensure that no threat is posed
to public health and safety by its
operation.
(4) The licensee should ensure the
reliability and accuracy of the seismic
instrumentation at North Anna 1 and 2.
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(5) The NRC staff made hasty
decisions about the restart of North
Anna 1 and 2, and gave priority to
economic considerations. The long-term
action plan was not even complete
before the NRC staff gave authorization
to restart.
(6) Regulatory commitments are an
inadequate regulatory tool for ensuring
that the critical long-term tasks
identified in the NRC staff’s
confirmatory action letter dated
November 11, 2011, are completed.
(7) The licensee needs to address the
possibility of both boildown and rapid
draindown events at the North Anna 1
and 2, spent fuel pool.
(8) The long-term storage of spent fuel
in the spent fuel pool at North Anna 1
and 2, and at the North Anna ISFSI
poses challenges to the public health
and safety.
(9) ‘‘Hardened on-site storage’’
strategies for spent fuel should be used
at North Anna 1 and 2.
(10) Concerns exist about the response
of North Anna 1 and 2, to a prolonged
station blackout.
(11) The current emergency
evacuation plans for North Anna 1 and
2, need to be revised to reflect the
possible need to evacuate a larger area
than that identified in the current
emergency planning zone.
(12) Concerns exist about damage to
the structural integrity of the spent fuel
pool structure at North Anna 1 and 2,
as represented on pages 41 and 42 of the
NRC staff’s technical evaluation for the
restart of North Anna 1 and 2, dated
November 11, 2011.
On December 12, 2012 and February
2, 2012, the petitioners and the licensee
met with the NRC staff’s petition review
board (meeting transcripts under
ADAMS Accession Nos. ML12033A025
and ML12047A240), regarding the
petition. These meetings gave the
petitioner and the licensee an
opportunity to provide additional
information and to clarify issues raised
in the petition.
The NRC staff sent a copy of the
proposed partial Director’s Decision to
the petitioners and to the licensee for
comment on July 10, 2012 (ADAMS
Accession Nos. ML12165A208 and
ML12165A209, respectively). The
petitioners responded with comments
on July 31, 2012 (ADAMS Accession
Nos. ML12261A228 and
ML12258A012), and the licensee
responded on July 30, 2012 (ADAMS
Accession No. ML12219A120), that it
did not have comments. The comments
by the petitioners and the NRC staff’s
response are included in an attachment
to the partial Director’s Decision.
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The Director of the Office of Nuclear
Reactor Regulation has determined that
the request to suspend the operating
licenses for North Anna 1 and 2, until
the completion of a set of activities
described in the petition, be partially
granted, partially denied, and partially
deferred. The reasons for this decision
are explained in the partial Director’s
Decision pursuant to Title 10 of Code of
Federal Regulations (10 CFR 2.206),
DD–12–02, the complete text of which
is available in ADAMS under Accession
No. ML12262A158.
A copy of the partial Director’s
Decision will be filed with the Secretary
of the Commission for the Commission’s
review in accordance with 10 CFR 2.206
of the Commission’s regulations. As
provided for by this regulation, the
Director’s Decision will constitute the
final action of the Commission 25 days
after the date of the decision, unless the
Commission, on its own motion,
institutes a review of the Director’s
Decision in that time.
Dated at Rockville, Maryland, this 19th day
of October 2012.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2012–26365 Filed 10–25–12; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
Notice of Sunshine Act Meetings
Wednesday, November
7, 2012, at 11 a.m.
PLACE: Commission Hearing Room, 901
New York Avenue NW., Suite 200,
Washington, DC 20268–0001.
STATUS: Part of this meeting will be
open to the public. The rest of the
meeting will be closed to the public.
The open session will be audiocast. The
audiocast may be accessed via the
Commission’s Web site at https://
www.prc.gov. A period for public
comment will be offered following
consideration of the last numbered item
in the open session.
MATTERS TO BE CONSIDERED: The agenda
for the Commission’s November 7, 2012
meeting includes the items identified
below.
PORTIONS OPEN TO THE PUBLIC:
1. Report on legislative activities.
2. Report on communications with the
public.
3. Report from the Office of General
Counsel on the status of
Commission dockets.
4. Report from the Office of
Accountability and Compliance.
TIME AND DATE:
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Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Notices
5. Report on international activities.
6. Report from the Office of the
Secretary and Administration.
7. Presentation to Commissioners on the
use of the Postal Service to support
Census Bureau programs by a
representative of the Bureau of the
Census.
Chairman’s public comment period.
PORTION CLOSED TO THE PUBLIC:
8. Discussion of pending litigation.
CONTACT PERSON FOR MORE INFORMATION:
Stephen L. Sharfman, General Counsel,
Postal Regulatory Commission, 901 New
York Avenue NW., Suite 200,
Washington, DC 20268–0001, at 202–
789–6820 (for agenda-related inquiries)
and Shoshana M. Grove, Secretary of the
Commission, at 202–789–6800 or
shoshana.grove@prc.gov (for inquiries
related to meeting location, access for
handicapped or disabled persons, the
audiocast, or similar matters).
By the Commission.
Dated: October 23, 2012.
Shoshana M. Grove,
Secretary.
[FR Doc. 2012–26473 Filed 10–24–12; 11:15 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
30236; File No. 812–14050]
Neuberger Berman Alternative Funds,
et al.; Notice of Application
October 22, 2012.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order under section 12(d)(1)(J) of the
Investment Company Act of 1940 (the
‘‘Act’’) for an exemption from sections
12(d)(1)(A) and (B) of the Act, under
sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and (2)
of the Act, and under section 6(c) of the
Act for an exemption from rule 12d1–
2(a) under the Act.
AGENCY:
The
requested order would (a) permit certain
registered open-end management
investment companies that operate as
‘‘funds of funds’’ to acquire shares of
certain registered open-end management
investment companies and unit
investment trusts (‘‘UITs’’) that are
within and outside the same group of
investment companies as the acquiring
investment companies, and (b) permit
funds of funds relying on rule 12d1–2
under the Act to invest in certain
financial instruments.
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY OF THE APPLICATION:
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Neuberger Berman
Alternative Funds and Neuberger
Berman Equity Funds (the ‘‘Trusts’’) and
Neuberger Berman Management LLC
(the ‘‘Adviser’’).
FILING DATES: The application was filed
on June 29, 2012, and amended on
October 19, 2012.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on November 16, 2012, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESSES: Elizabeth M. Murphy,
Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
Applicants, 605 Third Avenue, 2d
Floor, New York, NY 10158–0180.
FOR FURTHER INFORMATION CONTACT:
Marilyn Mann, Special Counsel, at (202)
551–6813 or Mary Kay Frech, Branch
Chief, at (202) 551–6821 (Division of
Investment Management, Office of
Investment Company Regulation).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm, or by
calling (202) 551–8090.
APPLICANTS:
Applicants’ Representations
1. Each Trust is an open-end
management investment company
registered under the Act and organized
as a Delaware statutory trust. Each Trust
is comprised of separate series that
pursue distinct investment objectives
and strategies.1 The Adviser, a Delaware
limited liability company and an
1 Applicants
request that the relief apply to each
existing and future series of the Trusts and to each
existing and future registered open-end
management investment company or series thereof
(each a ‘‘Fund’’ and collectively, ‘‘Funds’’) that is
advised by the Adviser or any entity controlling,
controlled by or under common control with the
Adviser and which is part of the same group of
investment companies (as defined in section
12(d)(1)(G)(ii) of the Act) as the Trusts.
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65421
indirect subsidiary of Neuberger Berman
Group LLC, is registered as an
investment adviser under the
Investment Advisers Act of 1940
(‘‘Advisers Act’’) and serves as
investment adviser for each of the
Funds.
2. Applicants request an order to
permit (a) a Fund that operates as a
‘‘fund of funds’’ (each, a ‘‘Fund of
Funds’’) to acquire shares of (i)
registered open-end management
investment companies that are not part
of the same ‘‘group of investment
companies,’’ within the meaning of
section 12(d)(1)(G)(ii) of the Act, as the
Fund of Funds (‘‘Unaffiliated
Investment Companies’’) and UITs that
are not part of the same group of
investment companies as the Fund of
Funds (‘‘Unaffiliated Trusts,’’ and
together with the Unaffiliated
Investment Companies, ‘‘Unaffiliated
Funds’’) 2 or (ii) registered open-end
management companies that are part of
the same group of investment
companies as the Fund of Funds
(‘‘Affiliated Investment Companies’’) or
UITs that are part of the same group of
investment companies as the Fund of
Funds (‘‘Affiliated Trusts,’’ and together
with the Affiliated Investment
Companies, the ‘‘Affiliated Funds’’; the
Affiliated Funds and Unaffiliated Funds
together are the ‘‘Underlying Funds’’)
and (b) each Unaffiliated Investment
Company and Affiliated Investment
Company, any principal underwriter for
the Unaffiliated Investment Company or
Affiliated Investment Company, and any
broker or dealer registered under the
Securities Exchange Act of 1934
(‘‘Broker’’) to sell shares of the
Unaffiliated Investment Company or
Affiliated Investment Company to the
Fund of Funds.3 Applicants also request
an order under sections 6(c) and 17(b)
of the Act to exempt applicants from
section 17(a) to the extent necessary to
permit Underlying Funds to sell their
shares to Funds of Funds and redeem
their shares from Funds of Funds.
3. Applicants also request an
exemption under section 6(c) from rule
12d1–2 under the Act to permit any
existing or future Fund that relies on
section 12(d)(1)(G) of the Act (‘‘Same
Group Investing Fund’’) and that
otherwise complies with rule 12d1–2 to
2 Certain of the Unaffiliated Funds may be
registered under the Act as either UITs or open-end
management investment companies and have
received exemptive relief to permit their shares to
be listed and traded on a national securities
exchange at negotiated prices (‘‘ETFs’’).
3 Every existing entity that currently intends to
rely on the requested order is named as an
applicant. Any existing or future entity that relies
on the order in the future will comply with the
terms and conditions of the application.
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Agencies
[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Notices]
[Pages 65420-65421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26473]
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POSTAL REGULATORY COMMISSION
Notice of Sunshine Act Meetings
TIME AND DATE: Wednesday, November 7, 2012, at 11 a.m.
PLACE: Commission Hearing Room, 901 New York Avenue NW., Suite 200,
Washington, DC 20268-0001.
STATUS: Part of this meeting will be open to the public. The rest of
the meeting will be closed to the public. The open session will be
audiocast. The audiocast may be accessed via the Commission's Web site
at https://www.prc.gov. A period for public comment will be offered
following consideration of the last numbered item in the open session.
MATTERS TO BE CONSIDERED: The agenda for the Commission's November 7,
2012 meeting includes the items identified below.
PORTIONS OPEN TO THE PUBLIC:
1. Report on legislative activities.
2. Report on communications with the public.
3. Report from the Office of General Counsel on the status of
Commission dockets.
4. Report from the Office of Accountability and Compliance.
[[Page 65421]]
5. Report on international activities.
6. Report from the Office of the Secretary and Administration.
7. Presentation to Commissioners on the use of the Postal Service to
support Census Bureau programs by a representative of the Bureau of the
Census.
Chairman's public comment period.
PORTION CLOSED TO THE PUBLIC:
8. Discussion of pending litigation.
CONTACT PERSON FOR MORE INFORMATION: Stephen L. Sharfman, General
Counsel, Postal Regulatory Commission, 901 New York Avenue NW., Suite
200, Washington, DC 20268-0001, at 202-789-6820 (for agenda-related
inquiries) and Shoshana M. Grove, Secretary of the Commission, at 202-
789-6800 or shoshana.grove@prc.gov (for inquiries related to meeting
location, access for handicapped or disabled persons, the audiocast, or
similar matters).
By the Commission.
Dated: October 23, 2012.
Shoshana M. Grove,
Secretary.
[FR Doc. 2012-26473 Filed 10-24-12; 11:15 am]
BILLING CODE 7710-FW-P