46630 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR Part 2. Attachment 1 to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 3rd day 

of September, 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) AND SAFEGUARDS INFORMATION (SGI) IN THIS PROCEEDING

Day Event/activity 

0 .................. Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ................ Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the 

need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating 

that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee 

for fingerprint/background check. 

20 ................ Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access 

provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for 

SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be 

harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC 

staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding 

of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal 

history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ................ If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion 

seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ................ Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ................ (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file 

motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement 

for SUNSI. 

60 ................ Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation 

does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

190 .............. (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file 

motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is 

not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access to SGI,

the proposed recipient must be provided an opportunity to correct or explain information. 

205 .............. Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another 

designated officer. 

A .................. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to 

sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ........... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the 

protective order. 

A + 28 ......... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 

25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions 

(as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that 

later deadline. 

A + 53 ......... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

A + 60 ......... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 ....... Decision on contention admission. 

[FR Doc. E9–21893 Filed 9–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0296] 

Exelon Corporation and NRG South 

Texas LP; Notice of Withdrawal of 

Application for Indirect Transfer of 

Control of Facility Operating Licenses 

South Texas Project, Units 1 and 2 

The U.S. Nuclear Regulatory 

Commission (the Commission, NRC) has 

granted the request of Exelon 

Corporation (the applicant, Exelon) to 

withdraw its January 29, 2009, 

application, as supplemented by letter 

dated March 18, 2009, for the proposed 

indirect transfer of control of the 

following Facility Operating Licenses: 

NRG South Texas LP (NRG South 

Texas) Units: 

South Texas Project (STP), Units 1 

and 2, Facility Operating License 

Nos. NPF–76 and NPF–80. 

Exelon Generation Company, LLC 

(Exelon Generation Company) 

Units: 

Braidwood Station, Units 1 and 2, 

Facility Operating License Nos. 

NPF–72 and NPF–77; 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46631 

Byron Station, Units 1 and 2, Facility 

Operating License Nos. NPF–37 and 

NPF–66; 

Clinton Power Station, Facility 

Operating License No. NPF–62; 

Dresden Nuclear Power Station, Units 

1, 2 and 3, Facility Operating 

License No. DPR–2 and Renewed 

Facility Operating License Nos. 

DPR–19 and DPR–25; 

LaSalle County Station, Units 1 and 2, 

Facility Operating License Nos. 

NPF–11 and NPF–18; 

Limerick Generating Station, Units 1 

and 2, Facility Operating License 

Nos. NPF–39 and NPF–85; 

Oyster Creek Generating Station, 

Facility Operating License No. 

DPR–16; 

Peach Bottom Atomic Power Station, 

Units 1, 2 and 3, Facility Operating 

License No. DPR–12 and Renewed 

Facility Operating License Nos. 

DPR–44 and DPR–56; 

Quad Cities Nuclear Power Station, 

Units 1 and 2, Renewed Facility 

Operating License Nos. DPR–29 and 

DPR–30; 

Salem Generating Station, Units 1 and 

2, Facility Operating License Nos. 

DPR–70 and DPR–75; 

Three Mile Island Nuclear Station, 

Unit 1, Facility Operating License 

No. DPR–50; and 

Zion Nuclear Power Station, Units 1 

and 2, Facility Operating License 

Nos. DPR–39 and DPR–48. 

The application sought NRC’s consent 

to the indirect transfer of control of the 

NRC licenses for NRG South Texas’ 44 

percent ownership interest in STP, 

Units 1 and 2, and to the extent 

required, the Exelon Generation 

Company facilities’ licenses as 

described in Exelon’s January 29, 2009, 

application and supplemental letter 

dated March 18, 2009. As described in 

the application, the indirect transfer of 

STP would have occurred in connection 

with Exelon’s plan to acquire control of 

NRG South Texas’ parent, NRG Energy, 

Inc. (NRG), through a tender offer. A 

Notice of Hearing has not been issued 

subject to the application. This action 

relates to application for indirect 

transfer of control of licenses of STP, 

Units 1 and 2. The action related to 

Exelon’s application for indirect transfer 

of Exelon Generation Company’s units 

listed above is addressed in a separate 

action. 

The Commission had previously 

issued Notice of Consideration of 

Approval of Application regarding 

proposed merger of NRG Energy, Inc. 

and Exelon Corporation published in 

the Federal Register on July 9, 2009 (74 

FR 32967). However, by letter dated July 

30, 2009, the applicant withdrew its 

application. 

For further details with respect to this 

action, see the application dated January 

29, 2009, as supplemented by letter 

dated March 18, 2009, the licensee’s 

letter dated July 30, 2009, which 

withdrew the application, and the 

Commission’s separate action for Exelon 

Generation Company’s units, which is 

being published in the Federal Register 

in parallel with this action. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from 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. 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 e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 1st day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Mohan C. Thadani, 

Senior Project Manager, Plant Licensing 

Branch IV, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–21857 Filed 9–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

Dealer Floor Plan Pilot Initiative 

AGENCY: U.S. Small Business 

Administration (SBA). 

ACTION: Notice of re-opening of 

comment period. 

SUMMARY: On July 6, 2009, SBA 

published a notice in the Federal 

Register creating a new pilot loan 

initiative called the Dealer Floor Plan 

Pilot Initiative. This pilot initiative 

gives SBA the ability to offer 7(a) 

guaranties to participating lenders on 

floor plan lines of credit when 

structured under SBA requirements 

from July 1, 2009 through September 30, 

2010. The Agency provided for a 30-day 

comment period when it published the 

Notice. This comment period closed 

August 5, 2009. SBA is re-opening the 

comment period for an additional 45 

days. 

DATES: Comments must be received on 

or before October 26, 2009. 

ADDRESSES: You may submit comments, 

identified by SBA docket number SBA– 

2009–0009, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Dealer Floor Plan Pilot Initiative 

Comments—Office of Financial 

Assistance, U.S. Small Business 

Administration, 409 Third Street, SW., 

Suite 8300, Washington, DC 20416. 

Hand Delivery/Courier: Grady 

Hedgespeth, Director, Office of 

Financial Assistance, U.S. Small 

Business Administration, 409 Third 

Street, SW., Suite 8300, Washington, DC 

20416. 

SBA will post all comments on 

http://www.regulations.gov. If you wish 

to submit confidential business 

information (CBI) as defined in the User 

Notice at http://www.regulations.gov, 

please submit the information to Grady 

Hedgespeth, Director, Office of 

Financial Assistance, U.S. Small 

Business Administration, 409 Third 

Street, SW., Suite 8300, Washington, DC 

20416, or send an e-mail to 

dealerfloorplancomments@sba.gov. 

Highlight the information that you 

consider to be CBI and explain why you 

believe SBA should hold this 

information as confidential. SBA will 

review the information and make the 

final determination whether it will 

publish the information. 

FOR FURTHER INFORMATION CONTACT: 

Sloan Coleman, Office of Financial 

Assistance, U.S. Small Business 

Administration, 409 Third Street, SW., 

Suite 8300, Washington, DC 20416; 

(202) 205–7737; w.coleman@sba.gov. 

SUPPLEMENTARY INFORMATION: On July 6, 

2009, SBA published a notice in the 

Federal Register announcing the 

creation of the Dealer Floor Plan Pilot 

Initiative. (74 FR 32006) The 

announcement of this pilot initiative 

generated a significant level of interest 

among those small businesses and 

lenders that traditionally utilize floor 

plan financing. Given the scope of the 

proposal and the nature of the issues 

raised by the comments received to 

date, SBA believes that affected parties 

need more time to review the proposal 

and prepare their comments. As a result, 

SBA is re-opening the comment period 

for an additional 45 days. 

Questions on the Dealer Floor Plan 

Pilot Initiative may be directed to the 

Lender Relations Specialist in the local 

SBA district office. 


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