Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 45255 

January 24, March 17, April 22, and 

May 2, 2008, and the NRC’s safety 

evaluation dated July 28, 2008, which 

are available for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area 01 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland, and 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, 301–415–4737, or 

by e-mail to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 28th day 

of July 2008. 

For the Nuclear Regulatory Commission. 

Timothy J. McGinty, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–17780 Filed 8–1–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–003] 

In the Matter of Entergy Nuclear 

Operations, Inc; Entergy Nuclear 

Indian Point 2, LLC; (Indian Point 

Nuclear Generating Unit No. 1); Order 

Approving Indirect Transfer of Facility 

Operating License 

I 

Entergy Nuclear Operations, Inc. 

(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. 

II 

By application dated July 30, 2007, as 

supplemented by letters dated October 

31, and December 5, 2007, and January 

24, March 17, April 22, and May 2, 

2008, ENO, acting on behalf of itself and 

ENIP2, requested that the U.S. Nuclear 

Regulatory Commission (NRC, the 

Commission), pursuant to Section 50.80 

of Title 10 of the Code of Federal 

Regulations (10 CFR), consent to the 

proposed indirect transfer of control of 

the IP1 license. 

ENIP2 is currently a direct wholly 

owned subsidiary of Entergy Nuclear 

Holding Company #3, LLC. Entergy 

Nuclear Holding Company #3, LLC is a 

direct wholly owned subsidiary of 

Entergy Nuclear Holding Company 

which, in turn, is a direct wholly owned 

subsidiary of Entergy Corporation. 

Therefore, under the current corporate 

structure, Entergy Corporation is the 

indirect owner of 100 percent of ENIP2. 

Under the proposed corporate 

restructuring, a new holding company, 

Enexus Energy Corporation (Enexus), 

will be created. Initially, the 

shareholders of Entergy Corporation 

will separately own the shares of 

Enexus and, as such, Enexus will be 

owned by the public. Entergy Nuclear 

Holding Company will become a direct 

wholly owned subsidiary of Enexus. 

Accordingly, following the corporate 

restructuring, Enexus will acquire 

indirect control of 100 percent of ENIP2. 

ENO is currently a direct wholly 

owned subsidiary of Entergy Nuclear 

Holding Company #2 which, in turn, is 

a direct wholly owned subsidiary of 

Entergy Corporation. Therefore, Entergy 

Corporation is currently the indirect 

owner of 100 percent of ENO. 

Under the proposed corporate 

restructuring, Entergy Nuclear Holding 

Company #2 will be eliminated and 

ENO will become a direct subsidiary of 

a new parent company called EquaGen 

LLC. EquaGen LLC will be owned in 

equal shares by two new intermediate 

holding companies as follows. Entergy 

EquaGen, Inc. is being created as a 

direct subsidiary of Entergy Corporation 

and will own 50 percent of EquaGen 

LLC. Similarly, Enexus EquaGen, LLC is 

being created as a direct subsidiary of 

Enexus and will also own 50 percent of 

EquaGen LLC. Accordingly, following 

the corporate restructuring, Entergy 

Corporation and Enexus will each have 

indirect control of 50 percent of ENO. 

Finally, ENO will be converted from 

a corporation to a limited liability 

company and its name will be changed 

from Entergy Nuclear Operations, Inc. to 

EquaGen Nuclear LLC. Under Delaware 

law, EquaGen Nuclear LLC will assume 

all of the rights and responsibilities of 

ENO, and it will be the same company 

(legal entity) both before and after the 

conversion and name change. Also, 

ENIP2 will undergo a name change to 

become Enexus Nuclear Indian Point 2, 

LLC. The staff understands that ENO 

will request an administrative license 

amendment to conform the IP1 license 

in the near future. 

Notice of the request for approval and 

an opportunity for a hearing was 

published in the Federal Register on 

January 16, 2008 (73 FR 2955). By 

petition dated February 5, 2008, Locals 

369 and 590, Utility Workers Union of 

America (UWUA), American Federation 

of Labor-Congress of Industrial 

Organization, representing plant 

workers at the Pilgrim Nuclear Power 

Station located in Plymouth, 

Massachusetts, responded to the 

Federal Register notice and requested a 

hearing and leave to intervene as a party 

in the proceedings for the Indian Point 

Nuclear Generating Unit No. 1. On June 

12, 2008, Local 369 filed a notice of 

withdrawal of its petition to intervene. 

The notice of withdrawal did not apply 

to Local 590. In addition, by petition 

dated February 5, 2008, the Westchester 

Citizen’s Awareness Network, Rockland 

County Conservation Association, 

Promoting Health and Sustainable 

Energy, Sierra Club—North East 

Chapter, and Richard Brodsky 

collectively filed a request for hearing 

and petition for leave to intervene as a 

party in the proceedings for the Indian 

Point Nuclear Generating Unit No. 1. 

Both of these requests for hearings are 

currently pending before the 

Commission. Pursuant to 10 CFR 

2.1316, during the pendency of a 

hearing, the staff is expected to 

promptly proceed with the approval or 

denial of license transfer requests 

consistent with the staff’s findings in its 

safety evaluation. Notice of the staff’s 

action shall be promptly transmitted to 

the presiding officer and parties to the 

proceeding. Commission action on the 

pending hearing requests is being 

handled independently of this action. 

Also, an intervenor from Oswego, 

New York, submitted two letters to the 

Commission with public comments 

dated January 21, 2008, along with an 

electronic transmission containing 

public comments dated January 27, 

2008. The public comments are 

addressed by the NRC’s safety 

evaluation dated July 28, 2008. 

Pursuant to 10 CFR 50.80(a), no 

license, or any right thereunder, shall be 

transferred, directly or indirectly, 

through transfer of control of the 

license, unless the Commission shall 

give its consent in writing. Upon review 

of the information in the application as 

supplemented and other information 

before the Commission, and relying 

upon the representations and 

agreements in the application as 

supplemented, the NRC staff concludes 

that the proposed indirect transfer of 

control of the license held by ENIP2 to 

Enexus, as described herein, will not 

affect the qualifications of ENIP2 as 


pwalker on PROD1PC71 with NOTICES
45256 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 

holder of the IP1 license. The indirect 

transfer of control of the license is 

otherwise consistent with applicable 

provisions of law, regulations, and 

orders issued by the NRC. Furthermore, 

the NRC staff concludes that the 

proposed corporate restructuring 

involving new intermediate and 

ultimate parent companies over ENO, as 

described herein, will not affect the 

qualifications of ENO as holder of the 

IP1 license. The indirect transfer of 

control of the license as held by ENO, 

to the extent affected by the proposed 

restructuring, is otherwise consistent 

with applicable provisions of law, 

regulations, and orders issued by the 

Commission. 

The NRC staff concludes that the 

conversion of Entergy Nuclear 

Operations, Inc. to EquaGen Nuclear 

LLC would not constitute a direct 

transfer of the licenses to the extent held 

by ENO. Therefore, no consent to the 

proposed conversion is necessary. 

The findings set forth above are 

supported by the NRC’s safety 

evaluation dated July 28, 2008. 

III 

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 application regarding 

the indirect license transfer discussed 

above related to the proposed corporate 

restructuring and establishment of 

Enexus is approved, subject to the 

following conditions: 

1. ENIP2 shall enter into the $700 

million Support Agreement with Enexus 

Energy Corporation as described in the 

application, no later than the time the 

proposed transactions and indirect 

license transfer occurs. ENIP2 shall take 

no action to cause Enexus Energy 

Corporation, or its successors and 

assigns, to void, cancel, or modify the 

Support Agreement or cause it to fail to 

perform, or impair its performance 

under the Support Agreement, without 

prior written consent of the NRC. The 

Support Agreement may not be 

amended or modified without 30 days 

prior written notice to the Director of 

the Office of Federal and State Materials 

and Environmental Management 

Programs or his designee. An executed 

copy of the Support Agreement shall be 

submitted to the NRC no later than 30 

days after the completion of the 

proposed transactions and the indirect 

license transfer. ENIP2 shall inform the 

NRC in writing anytime it draws upon 

the Support Agreement. 

2. The ten separate support guarantees 

from various Entergy subsidiaries, 

which total $315 million, including the 

support guarantee relating to IP1, may 

be revoked when, and conditioned 

upon, implementation of the new $700 

million Support Agreement at the time 

the proposed restructuring and indirect 

license transfer are completed. 

3. Should the proposed corporate 

restructuring and establishment of 

Enexus not be completed within one 

year from the date of this Order, this 

Order shall become null and void, 

provided, however, upon written 

application and good cause shown, such 

date may be extended by Order. 

This Order is effective upon issuance. 

For further details with respect to this 

Order, see the application dated July 30, 

2007, as supplemented by letters dated 

October 31, and December 5, 2007, and 

January 24, March 17, April 22, and 

May 2, 2008, and the NRC’s safety 

evaluation dated July 28, 2008, which 

are available for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area 01 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland and 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, 301–415–4737, or 

by e-mail to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 28th day 

of July 2008. 

For the Nuclear Regulatory Commission. 

Charles L. Miller, 

Director, Office of Federal and State Materials 

and Environmental Management Programs. 

[FR Doc. E8–17784 Filed 8–1–08; 8:45 am] 

BILLING CODE 7590–01–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

Privacy Act of 1974; New Blanket 

Routine Use 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Notice of New Blanket Routine 

Use. 

SUMMARY: In accordance with the 

Privacy Act of 1974, 5 U.S.C. 552a, as 

amended, the Occupational Safety and 

Health Review Commission (OSHRC) is 

proposing in this notice the addition of 

a new blanket routine use. OSHRC’s 

Privacy Act system-of-records notices 

are published in full at 72 FR 54301, 

54301–03 (Sept. 24, 2007), and 71 FR 

19556, 19556–67 (Apr. 14, 2006). 

DATES: Comments must be received by 

OSHRC on or before September 15, 

2008. The new blanket routine use will 

become effective on that date, without 

any further notice in the Federal 

Register, unless comments or 

government approval procedures 

necessitate otherwise. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: regsdocket@oshrc.gov. 

Include ‘‘PRIVACY ACT BLANKET 

ROUTINE USE’’ in the subject line of 

the message. 

• Fax: (202) 606–5417. 

• Mail: One Lafayette Centre, 1120 

20th Street, NW., Ninth Floor, 

Washington, DC 20036–3457. 

• Hand Delivery/Courier: Same as 

mailing address. 

Instructions: All submissions must 

include your name, return address and 

e-mail address, if applicable. Please 

clearly label submissions as ‘‘PRIVACY 

ACT BLANKET ROUTINE USE.’’ If you 

submit comments by e-mail, you will 

receive an automatic confirmation email from the system indicating that we 

have received your submission. If, in 

response to your comment submitted 

via e-mail, you do not receive a 

confirmation e-mail within five working 

days, contact us directly at (202) 606–

5410. 

FOR FURTHER INFORMATION CONTACT: Ron 

Bailey, Attorney-Advisor, Office of the 

General Counsel, via telephone at (202) 

606–5410, or via e-mail at 

rbailey@oshrc.gov. 

SUPPLEMENTARY INFORMATION: The 

Privacy Act of 1974, 5 U.S.C. 552a(e)(4) 

and (11), requires OSHRC to publish in 

the Federal Register notice of any new 

routine use of an OSHRC system of 

records, and to provide an opportunity 

for interested persons to submit written 

data, views, or arguments to the agency. 

As detailed below, OSHRC is proposing 

the addition of one new blanket routine 

use. 

On May 22, 2007, the Office of 

Management and Budget (‘‘OMB’’) 

issued a memorandum for the heads of 

Executive Departments and Agencies 

entitled ‘‘Safeguarding Against and 

Responding to the Breach of Personally 

Identifiable Information.’’ OMB directed 

agencies to develop and publish a 

routine use for disclosure of information 

in connection with response and 

remedial efforts in the event of a data 

breach. Therefore, OSHRC is adding a 

new blanket routine use that, in the 

event of a data breach, authorizes 

OSHRC to disclose relevant information 


pwalker on PROD1PC71 with NOTICES