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 

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 

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. 


sroberts on DSKD5P82C1PROD with NOTICES
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