Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 5357 

document the NRC’s responses to these 

comments (see ADAMS Accession No. 

ML093520068). 

ADDRESSES: The NRC maintains 

ADAMS, which provides text and image 

files of NRC’s public documents. These 

documents may be accessed through the 

NRC’s Public Electronic Reading Room 

on the Internet at 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 Public Document Room 

reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail at 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William F. Burton, Chief, Rulemaking 

and Guidance Development Branch, 

Division of New Reactor Licensing, 

Office of the New Reactors, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone at 301–415– 

6332 or e-mail at 

william.burton@nrc.gov. 

SUPPLEMENTARY INFORMATION: The 

agency posts its issued staff guidance in 

the agency external web page (http:// 

www.nrc.gov/reading-rm/doccollections/isg/). 

Dated at Rockville, Maryland, this 21st day 

of January 2010. 

For the Nuclear Regulatory Commission. 

David B. Matthews, 

Director, Division of New Reactor Licensing, 

Office of New Reactors. 

[FR Doc. 2010–2137 Filed 2–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0336] 

In the Matter of Entergy Nuclear 

Operations, Inc., et al.; Order 

Extending the Effectiveness of the 

Approval of the Indirect Transfer of 

Facility Operating Licenses 

Entergy Nuclear Operations, Inc. 

Entergy Nuclear Generation Company (Pilgrim Nuclear Power Station) ........................................... Docket No. 50–293.

License No. DPR–35. 

Entergy Nuclear Indian Point 2, LLC (Indian Point Nuclear Generating Unit Nos. 1 and 2) ............. Docket Nos. 50–003, 50–247) and 72–51. 

License Nos. DPR–5, DPR–26. 

ENTERGY NUCLEAR INDIAN POINT 3, LLC (Indian Point Nuclear Generating Unit No. 3) ........... Docket No. 50–286. 

License No. DPR–64. 

Entergy Nuclear Fitzpatrick, LLC (James A. FitzPatrick Nuclear Power Plant) ................................. Docket Nos. 50–333 and 72–12. 

License No. DPR–59. 

Entergy Nuclear Vermont Yankee, LLC (Vermont Yankee Nuclear Power Station) .......................... Docket Nos. 50–271 and 72–59. 

License No. DPR–28. 

Entergy Nuclear Palisades, LLC (Palisades Nuclear Plant) ............................................................... Docket Nos. 50–255 and 72–7. 

License No. DPR–20. 

(Big Rock Point) ................................................................................................................................... Docket Nos. 50–155 and 72–43. 

License No. DPR–6. 

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 § 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, 

would become null and void if the 

license transfers were not completed by 

July 28, 2009, unless upon application 

and for good cause shown, such date 

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5358 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 

was extended by the Commission. By 

Order dated July 24, 2009, the NRC staff 

determined that good cause had been 

shown to extend the effectiveness of the 

Orders of July 28, 2008, through January 

28, 2010. Similarly, by its terms, the 

Order of July 24, 2009, becomes null 

and void if the license transfers are not 

completed by January 28, 2010, unless 

upon application and for good cause 

shown, such date is extended by the 

Commission. 

III 

By letter dated November 3, 2009, as 

supplemented by letter dated December 

10, 2009, ENO, acting on behalf of itself, 

Entergy Nuclear, ENIP2, ENIP3, ENFitzPatrick, EN-Vermont Yankee, and 

EN-Palisades (together the Applicants), 

submitted a request for an extension of 

the effectiveness of the Orders of July 

28, 2008, such that they would remain 

effective through August 1, 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. ENO has 

expressed confidence that it will receive 

all of the required approvals for the 

transaction. However, proceedings are 

ongoing before the New York State 

Public Service Commission (PSC) and 

the State of Vermont Public Service 

Board (PSB) 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 January 28, 2010, as 

required by the NRC Orders consenting 

to the proposed restructuring and 

associated indirect license transfers. 

As indicated in ENO’s letter dated 

August 18, 2009, an amended petition 

has been submitted to the New York 

PSC that includes several enhancements 

to the transaction. In Vermont, Entergy 

Nuclear Vermont Yankee, LLC, ENO, 

and Enexus have entered into a 

Memorandum of Understanding (MOU) 

with the Vermont Department of Public 

Service. This MOU must be approved by 

the Vermont PSB. 

The Applicants are concerned that the 

transaction may not be completed by 

January 28, 2010, as required by the 

current Orders. Moreover, beginning in 

early 2010, there are certain ‘‘blackout 

periods’’ imposed by Federal regulations 

in connection with efforts to finalize the 

audited 2009 annual financial results for 

Entergy Corporation. Once such 

blackout periods begin, limitations on 

access to the financial markets would 

likely delay completion of the 

transaction until the June or July 2010 

time frame. 

As stated in the licensee’s submittal, 

the conditions under which the NRC 

issued the Orders approving the license 

transfers have not changed significantly. 

The technical qualifications of the new 

organization and other bases for 

approving the transfers remain intact 

and the various inter-company 

contractual arrangements and financial 

support described in the application 

and supplemental information 

submitted to support the NRC staff’s 

review and issuance of its safety 

evaluation (SE), remain valid and fully 

support the staff’s findings. In support 

of the claim that the financial 

qualifications have not significantly 

changed, ENO submitted revised 

proprietary financial projections for the 

plant licensees and Enexus for the 5 

calendar years 2010–2014 along with 

responses to staff questions regarding 

decommissioning funding assurance. As 

such, the current conditions continue to 

support the staff’s findings regarding the 

technical and financial qualifications of 

the affected licensees. 

The NRC staff has considered the 

submittal of November 3, 2009, as 

supplemented by letter dated December 

10, 2009, and has determined that good 

cause to extend the effectiveness of the 

Orders of July 28, 2008, has been shown 

in that the delay in completing the 

transaction was not caused by the 

licensee. The findings set forth above 

are supported by a SE dated January 22, 

2010. 

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 

August 1, 2010, the Orders of July 28, 

2008, and July 24, 2009, 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 

November 3, 2009 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML093100496), as supplemented by 

letter dated December 10, 2009 (ADAMS 

Accession No. ML093630884), and the 

SE dated January 22, 2010 (ADAMS 

Accession No. ML093620895), 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 22 day 

of January 2010. 

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. 2010–2139 Filed 2–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: Expiring 

Information Collection 3206–0165 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: 60-Day Notice and request for 

comments. 

SUMMARY: The Federal Investigative 

Services Division (FISD), U.S. Office of 

Personnel Management (OPM) offers the 

general public and other Federal 

agencies the opportunity to comment on 

an expiring information collection 

request (ICR), Office of Management and 

Budget (OMB) Control No. 3206–0165, 

for the General Request for Investigative 

Information (INV 40), the Investigative 

Request for Employment Data and 

Supervisor Information (INV 41), the 

Investigative Request for Personal 

Information (INV 42), the Investigative 

Request for Educational Registrar and 

Dean of Students Record Data (INV 43), 

and the Investigative Request for Law 

Enforcement Data (INV 44). 

As required by the Paperwork 

Reduction Act of 1995, (Pub. L. 104–13, 

44 U.S.C. chapter 35) as amended by the 

Clinger-Cohen Act (Pub. L. 104–106), 

OPM is soliciting comments for this 

collection. The Office of Management 

and Budget (OMB) is particularly 

interested in comments that: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

mstockstill on DSKH9S0YB1PROD with NOTICES