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

Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 5359 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

DATES: Comments are encouraged and 

will be accepted until April 5, 2010. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the FISD, OPM, 1900 E Street, NW., 

Washington, DC 20415, Attention: Lisa 

Loss or sent via electronic mail to 

FISDFormsComments@opm.gov. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained by contacting the FISD, OPM, 

1900 E Street, NW., Washington, DC 

20503, Attention: Lisa Loss or sent via 

electronic mail to 

FISDFormsComments@opm.gov. 

SUPPLEMENTARY INFORMATION: Section 

3(a) of Executive Order (E.O.) 10450, as 

amended, states that with specified 

exceptions, ‘‘the appointment of each 

civilian officer or employee in any 

department or agency of the 

Government shall be made subject to 

investigation,’’ and that ‘‘in no event 

shall the investigation consist of less 

than a national agency check * * * and 

written inquiries to appropriate local 

law enforcement agencies, former 

employers and supervisors, references, 

and schools attended by the persons 

under investigation.’’ This minimum 

investigation for appointment in the 

civil service is called the National 

Agency Check with Inquiries (NACI). 

The INV 40, 41, 42, 43, and 44 are 

used to conduct the ‘‘written inquiries’’ 

portion of the NACI. They are also used 

in any investigation requiring the same 

written inquiries, including suitability 

investigations under E.O. 10577, as 

amended and 5 CFR part 731, for 

employment in positions defined in 

5 CFR 731.101(b); investigations for 

employment in a sensitive national 

security position under E.O. 10450, as 

amended and 5 CFR part 732; certain 

investigations for eligibility for access to 

classified information pursuant to 

standards promulgated under E.O. 

12968, as amended; certain 

investigations for fitness for 

employment in the excepted service or 

as a contract employee, pursuant to 

investigative requirements prescribed by 

employing and contracting agencies; 

and investigations for identity 

credentials for long-term physical and 

logical access to Federally controlled 

facilities and information systems, 

pursuant to standards promulgated 

under the Federal Information Security 

Management Act. The INV forms 40 and 

44, in particular, facilitate OPM’s access 

to criminal history record information 

under 5 U.S.C. 9101. 

The content of the INV forms is also 

designed to meet notice requirements 

for personnel investigations specified by 

5 CFR 736.102(c). These notice 

requirements apply to any ‘‘investigation 

* * * to determine the suitability, 

eligibility, or qualifications of 

individuals for Federal employment, for 

work on Federal contracts, or for access 

to classified information or restricted 

areas.’’ 

None of the forms is used for any 

purpose other than a personnel 

background investigation, as described 

above. The completed forms are 

maintained by OPM subject to the 

protections of the Privacy Act of 1974, 

as amended. 

Procedurally, the subject of a 

personnel background investigation 

discloses the identity of relevant 

sources, such as supervisors, coworkers, 

neighbors, friends, current or former 

spouses, instructors, relatives, or 

schools attended, on the standard form 

(SF) 85, Questionnaire for Non-Sensitive 

Positions; the SF 85P, Questionnaire for 

Public Trust Positions; or the SF 86, 

Questionnaire for National Security 

Positions. After OPM receives a 

completed SF 85, SF 85P, or SF 86, the 

INV forms are distributed to the 

provided source contacts through an 

automated mailing operation. 

The INV 40 is used to collect records 

from a Federal or State record repository 

or a credit bureau. The INV 44 is used 

to collect law enforcement data from a 

criminal justice agency. The INV 41, 42, 

and 43 are sent to employment 

references, associates, and schools 

attended. The forms disclose that the 

source’s name was provided by the 

subject to assist in completing a 

background investigation to help 

determine the subject’s suitability for 

employment or security clearance, and 

request that the source complete the 

form with information to help in this 

determination. Generally the subject of 

the investigation will identify these 

employment references, associates, and 

schools on his or her SF 85, SF 85P, or 

SF 86 questionnaire. If information is 

omitted on the questionnaire, however, 

the information may be provided in a 

follow-up contact between the subject 

and an investigator. By their terms, the 

INV 41, 42, and 43 forms are not to be 

sent to employment references, 

associates, and schools that have not 

been identified by the subject of the 

investigation. 

Approximately 279,000 INV 40 

inquiries are sent to federal and nonfederal agencies annually. The INV 40 

takes approximately five minutes to 

complete. The estimated annual burden 

is 23,250 hours. Approximately 

2,243,000 INV 41 inquiries are sent to 

previous and present employers and 

supervisors. The INV 41 takes 

approximately five minutes to complete. 

The estimated annual burden is 186,900 

hours. Approximately 1,882,000 INV 42 

inquiries are sent to individuals 

annually. The INV 42 takes 

approximately five minutes to complete. 

The estimated annual burden is 156,800 

hours. Approximately 464,000 INV 43 

inquiries are sent to educational 

institutions annually. The INV 43 takes 

approximately five minutes to complete. 

The estimated annual burden is 38,700 

hours. Approximately 1,546,000 INV 44 

inquiries are sent to law enforcement 

agencies annually. The INV 44 takes 

approximately five minutes to complete. 

The estimated annual burden is 128,800 

hours. The total number of respondents 

for the INV 40, INV 41, INV 42, INV 43, 

and INV 44 is 6,135,200 and the total 

estimated burden is 511,200 hours. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. 2010–2193 Filed 2–1–10; 8:45 am] 

BILLING CODE 6325–53–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of L. Luria & Son, Inc., 

Lew Corp. (n/k/a Questus Global 

Limited), Library Bureau, Inc., Life 

Sciences, Inc., Lifesmart Nutrition 

Technologies, Inc., Lightning Rod 

Software, Inc., Lindatech, Inc., 

Littlefield, Adams & Company, and 

Liuski International, Inc.; Order of 

Suspension of Trading 

January 29, 2010. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of L. Luria & 

Son, Inc. because it has not filed any 

mstockstill on DSKH9S0YB1PROD with NOTICES