Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices 50429

may also electronically access NUREGseries publications and other NRC 

records at NRC’s Public Electronic 

Reading Room at http://www.nrc.gov/

reading-rm.html.

A free single copy of these NUREG 

documents, to the extent of supply, may 

be requested by writing to Office of the 

Chief Information Officer, Reproduction 

and Distribution Services Section, U.S. 

Nuclear Regulatory Commission, 

Printing and Graphics Branch, 

Washington, DC 20555–0001; facsimile: 

301–415–2289; e-mail: 

DISTRIBUTION@nrc.gov.

Some publications in the NUREG 

series that are posted at NRC’s Web site 

address http://www.nrc.gov/NRC/

NUREGS/indexnum.html are updated 

regularly and may differ from the last 

printed version.

FOR FURTHER INFORMATION CONTACT:

James P. Bongarra, Jr., Division of 

Inspection Program Management, Office 

of Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Telephone: 301–415–1046. E-mail: 

JXB@nrc.gov.

SUPPLEMENTARY INFORMATION: 

On September 1, 2004 (69 FR 53472–

53473), NRC announced the availability 

of the two NUREG documents, and 

requested comments on them. The NRC 

staff considered all of the comments, 

including constructive suggestions to 

improve the documents, in the 

preparation of the revised NUREG 

documents. 

The final versions of the two NUREG 

documents are now available for use by 

applicants, licensees, NRC reviewers, 

and other NRC staff. The new revision 

of the Standard Review Plan supersedes 

the previous version of that document. 

Small Business Regulatory Enforcement 

Fairness Act 

In accordance with the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

the Office of Management and Budget.

Note: The Small Business Regulatory 

Enforcement Fairness Act statement is not 

used for draft NUREGs. The law applies only 

to final agency actions.

Dated at Rockville, Maryland, this 19th day 

of August, 2005.

For the Nuclear Regulatory Commission. 

Patrick L. Hiland, 

Chief, Reactor Operations Branch, Division 

of Inspection Program Management, Office 

of Nuclear Reactor Regulation.

[FR Doc. E5–4680 Filed 8–25–05; 8:45 am] 

BILLING CODE 7590–01–P

RAILROAD RETIREMENT BOARD

Proposed Data Collection Available for 

Public Comment and 

Recommendations

SUMMARY: In accordance with the 

requirement of Section 3506 (c)(2)(A) of 

the Paperwork Reduction Act of 1995 

which provides opportunity for public 

comment on new or revised data 

collections, the Railroad Retirement 

Board (RRB) will publish periodic 

summaries of proposed data collections. 

Comments are invited on: (a) Whether 

the proposed information collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information has practical 

utility; (b) the accuracy of the RRB’s 

estimate of the burden of the collection 

of the information; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden related to 

the collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Title and purpose of information 

collection: Request to Non-Railroad 

Employer for Information About 

Annuitant’s Work and Earnings; OMB 

3220–0107. 

Under Section 2 of the Railroad 

Retirement Act (RRA), a railroad 

employee’s retirement annuity or an 

annuity paid to the spouse of a railroad 

employee is subject to work deductions 

in the Tier II component of the annuity 

and any employee supplemental 

annuity for any month in which the 

annuitant works for a Last PreRetirement Non-Railroad Employer 

(LPE). LPE is defined as the last person, 

company, or institution, other than a 

railroad employer, that employed an 

employee or spouse annuitant. In 

addition, the employee, spouse or 

divorced spouse Tier I annuity benefit is 

subject to work deductions under 

Section 2(F)(1) of the RRA for earnings 

from any non-railroad employer that are 

over the annual exempt amount. The 

regulations pertaining to non-payment 

of annuities by reason of work are 

contained in 20 CFR 230.1 and 230.2. 

The RRB utilizes Form RL–231–F, 

Request to Non-Railroad Employer for 

Information About Annuitant’s Work 

and Earnings, to obtain the information 

needed for determining if any work 

deductions should be applied because 

an annuitant worked in non-railroad 

employment after the annuity beginning 

date. One response is requested of each 

respondent. Completion is voluntary. 

The RRB is proposing no changes to 

Form RL–231–F. 

Estimate of Annual Respondent Burden 

The estimated annual respondent 

burden is as follows:

Form No.(s) Annual

responses 

Time

(min) 

Burden

(hrs) 

RL–231–F .................................................................................................................................... 300 30 150 

Total ...................................................................................................................................... 300 ........................ 150 

50430 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices 

1New Subsidiaries are defined in the December 

20, 2002 order (HCAR No. 27626) as direct or 

indirect subsidiary companies of Entergy organized 

(a) to engage in development activities and/or (b) 

to hold, acquire and/or finance the acquisition of 

one or more subsidiary companies of Entergy which 

are (i) ‘‘exempt wholesale generators’’, (ii) ‘‘foreign 

utility companies’’, (iii) ‘‘exempt 

telecommunications companies’’, (iv) ‘‘energyrelated companies’’, (v) ‘‘Authorized Subsidiary 

Companies’’, (vi) other ‘‘New Subsidiaries’’ and/or 

(vii) Rule 58 Companies, as these terms are defined 

in the order.

2The Authorized Subsidiary Companies currently 

include, but are not limited to, Entergy Enterprises, 

Inc., EPI, Entergy Nuclear, Inc., Entergy Nuclear 

Operations, Inc., Entergy Operations Services, Inc., 

Entergy Operations Services North Carolina, Inc., 

Entergy Global Power Operations Corporation and 

Entergy Power Operations U.S., Inc.

3EPI holds undivided ownership interests in 

certain non-exempt electric generating stations and, 

as discussed above, is engaged in the business of 

generating and selling its capacity and related 

energy, at wholesale, principally to non-associate 

bulk power producers on negotiated (i.e. market 

based) terms and conditions. Therefore, EPI is a 

‘‘public-utility company’’ for purposes of the Act.

4As of March 31, 2005, the aggregate amount of 

guarantees outstanding under the prior order is 

approximately $1.25 billion.

Additional Information or Comments:

To request more information or to 

obtain a copy of the information 

collection justification, forms, and/or 

supporting material, please call the RRB 

Clearance Officer at (312) 751–3363 or 

send an e-mail request to 

Charles.Mierzwa@RRB.GOV. Comments 

regarding the information collection 

should be addressed to Ronald J. 

Hodapp, Railroad Retirement Board, 844 

North Rush Street, Chicago, Illinois 

60611–2092 or send an e-mail to 

Ronald.Hodapp@RRB.GOV. Written 

comments should be received within 60 

days of this notice.

Charles Mierzwa, 

Clearance Officer.

[FR Doc. 05–16975 Filed 8–25–05; 8:45 am] 

BILLING CODE 7905–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 35–28018] 

Filings Under the Public Utility Holding 

Company Act of 1935, as Amended 

(‘‘Act’’) 

August 22, 2005. 

Notice is hereby given that the 

following filing(s) has/have been made 

with the Commission pursuant to 

provisions of the Act and rules 

promulgated under the Act. All 

interested persons are referred to the 

application(s) and/or declaration(s) for 

complete statements of the proposed 

transaction(s) summarized below. The 

application(s) and/or declaration(s) and 

any amendment(s) is/are available for 

public inspection through the 

Commission’s Branch of Public 

Reference. 

Interested persons wishing to 

comment or request a hearing on the 

application(s) and/or declaration(s) 

should submit their views in writing by 

September 16, 2005, to the Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303, and serve a copy on the 

relevant applicant(s) and/or declarant(s) 

at the address(es) specified below. Proof 

of service (by affidavit or, in the case of 

an attorney at law, by certificate) should 

be filed with the request. Any request 

for hearing should identify specifically 

the issues of facts or law that are 

disputed. A person who so requests will 

be notified of any hearing, if ordered, 

and will receive a copy of any notice or 

order issued in the matter. After 

September 16, 2005, the application(s) 

and/or declaration(s), as filed or as 

amended, may be granted and/or 

permitted to become effective. 

Entergy Corporation, et al. (70–9123) 

Entergy Corporation (‘‘Entergy’’), a 

registered holding company, 639 Loyola 

Avenue, New Orleans, LA 70113; and 

Entergy’s current and future nonutility 

companies (‘‘Applicants’’) have filed a 

post-effective amendment 

(‘‘Declaration’’) under sections 6(a), 7, 

and 12(b) of the Act and rules 45, and 

54 under the Act. 

Applicants request a supplemental 

order from the Commission for Entergy 

and its existing and future nonutility 

subsidiary companies to issue 

guarantees and provide other forms of 

credit support, as described below 

(collectively, ‘‘Guarantees’’). The 

Guarantees would be issued to or for the 

benefit of Entergy’s nonutility 

subsidiaries which are: (a) ‘‘New 

Subsidiaries,’’ 1 (b) ‘‘exempt wholesale 

generators’’ (‘‘EWGs’’) as defined in 

Section 32(a) of the Act, (c) ‘‘foreign 

utility companies’’ (‘‘FUCOs’’) as 

defined in Section 33(2) of the Act, 

(EWGs and FUCOs collectively referred 

to as ‘‘Exempt Projects’’), (d) ‘‘exempt 

telecommunication companies’’

(‘‘ETCs’’) as defined in Section 34(a) of 

the Act, (e) other subsidiary companies 

of Entergy (including ‘‘operating and 

management companies organized for 

the purpose of providing operations and 

maintenance services, ‘‘O&M Subs’’) 

and Entergy Power, Inc. (‘‘EPI’’), a 

company that markets and sells its 

electric generating capacity and energy 

at wholesale, principally to nonassociate customers that are or may be 

authorized or permitted by rule, 

regulation or order of the Commission 

under the Act to engage in other 

businesses (‘‘Authorized Subsidiary 

Companies’’),2 and (f) ‘‘energy-related 

companies,’’ as defined in Rule 58 

under the Act (‘‘Energy-related 

Companies’’). New Subsidiaries, Exempt 

Projects, ETCs, Energy-related 

Companies and Authorized Subsidiary 

Companies are collectively referred to as 

Nonutility Companies.

In order to further facilitate the 

development, acquisition and 

ownership by Entergy of interests in 

Exempt Projects and other Nonutility 

Companies, as authorized or permitted 

under the Act from time to time, to the 

extent the transactions are not exempt 

from the Act or otherwise authorized or 

permitted by rule, regulation or order of 

the Commission, Entergy and the 

Nonutility Companies (exclusive of EPI) 

request authority to issue Guarantees to 

or for the benefit of Nonutility 

Companies 3 from time to time through 

February 8, 2006 (the ‘‘Authorization 

Period’’), in an aggregate amount not to 

exceed $3 billion at any one time 

outstanding (including any Guarantees 

previously issued and outstanding 

under the prior order) 4 (the ‘‘Aggregate 

Authorization’’). The amount of a 

Guarantee shall not reduce the 

Aggregate Authorization to the extent 

that the provision of the Guarantee is 

exempt from the Act or is otherwise 

authorized or permitted by rule or 

regulation of the Commission issued 

under the Act.

Guarantees may take the form of 

Entergy or a Nonutility Company 

agreeing to guarantee, undertake 

reimbursement obligations, assume 

liabilities or other obligations in respect 

of or act as surety on bonds, letters of 

credit, evidences of indebtedness, 

equity commitments, power purchase 

agreements, leases, liquidated damages 

provisions, and other obligations 

undertaken by Entergy’s associate 

Nonutility Companies. For example, the 

associate companies may be called upon 

to furnish various types of bonds as 

security, including bid bonds, 

performance bonds, and material and 

payment bonds. Guarantees may also be 

necessary or desirable to satisfy the 

requirements of lenders or other project 

participants under financing documents 

or other project agreements to which an 

associate Nonutility Company of 

Entergy is or will become a party 

(including with respect to the provision 

of construction, interim or permanent 

debt or equity financing). These forms of 

credit enhancements are typical in the 

marketplace, and would significantly 

benefit Entergy’s investments in