Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38477 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3A 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. 

4The 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. 

5FCOs are currently traded on the Exchange 

under the name PHLX World Currency Options® 

(‘‘WCOs’’). 

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] 

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 

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 

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. 


sroberts on DSKD5P82C1PROD with NOTICES
38478 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

6The Exchange currently pays a subsidy, an 

Options Floor Broker Subsidy, to member 

organizations with Exchange registered floor 

brokers for eligible contracts that are entered into 

the Exchange’s trading system to provide an 

incentive to floor brokers for increased order flow. 

See Securities Exchange Release No. 59705 (April 

3, 2009), 74 FR 16906 (April 13, 2009) (SR–Phlx– 

2009–28). 

7Customers are assessed a transaction fee of $.44 

per options transaction charge in FCOs. 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(4). 

10 15 U.S.C. 78s(b)(3)(A)(ii). 

11 17 CFR 240.19b–4(f)(2). 12 17 CFR 200.30–3(a)(12). 

While changes to the Exchange’s fee 

schedule pursuant to this proposal are 

effective upon filing, the Exchange has 

designated this proposal to be effective 

on July 13, 2009 through December 31, 

2009. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.nasdaqtrader.com/micro.

aspx?id=PHLXRulefilings, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to create an additional 

financial incentive for specialists and 

ROTs to make markets in the Pilot 

FCOs. By paying specialists a Monthly 

Stipend on the Pilot FCOs of $1,700 per 

currency, the Exchange hopes to defray 

the operational costs of the specialists. 

Specifically, the Exchange seeks to 

defray the specialists’ costs associated 

with their obligations to continuously 

quote and support the Pilot FCOs.6 The 

Monthly Stipend will be paid on a per 

currency basis. For example, a member 

organization acting as a specialist in two 

of the Pilot FCOs will receive $3,400 per 

month. 

In addition, the Exchange proposes to 

waive the options transaction charges 

assessed on specialists and ROTs in the 

Pilot FCOs in order to further encourage 

the trading of the Pilot FCOs. Currently, 

specialists pay a transaction fee of $.24 

per contract as do ROTs.7 The Exchange 

believes the revenue generated from 

customer transaction charges and 

increased order flow would offset the 

foregone transaction fees of $.24 per 

contract that is currently assessed on 

specialists and ROTS, thereby allowing 

the Exchange to recoup those fees while 

increasing order flow and generating 

increased revenues. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 8 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 9

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. The 

Exchange believes that the Pilot 

Program will generate additional order 

flow to the Exchange by creating 

incentives to trade FCOs as well as 

defray operational costs for specialists. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 10 and 

paragraph (f)(2) of Rule 19b–4 11

thereunder. At any time within 60 days 

of the filing of the proposed rule change, 

the Commission may summarily 

abrogate such rule change if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–Phlx–2009–57 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–Phlx–2009–57. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, on official business days between 

the hours of 10 a.m. and 3 p.m. Copies 

of the filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–Phlx– 

2009–57 and should be submitted on or 

before August 24, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–18421 Filed 7–31–09; 8:45 am] 

BILLING CODE 8010–01–P 


sroberts on DSKD5P82C1PROD with NOTICES