35210 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Notices 

1Request of the United States Postal Service for 

an Advisory Opinion on Changes in Postal Services, 

July 2, 2009; and Notice of the United States Postal 

Service of Filing Erratum to Request [Erratum], July 

2, 2009 (Request). 

2USPS–LR–N2009–1/1 Official Record to Close 

the Buhl, PA Classified Station, Docket No. 16146 

(Public Version); and USPS–LR–N2009–1/NP1 

Official Record to Close the Buhl, PA Classified 

Station, Docket No. 16146 (Non-Public Version). 

The public version excludes the names of 

customers and postal patrons providing comments 

to the Postal Service. 

3USPS–LR–N2009–1/2 Official Record to Close 

the Washburn, IA Classified Branch, Docket No. 

50706 (Public Version); and USPS–LR–N2009–1/ 

NP2 Official Record to Close the Washburn, IA 

Classified Branch, Docket No. 50706 (Non-Public 

Version). The public version excludes the names of 

customers and postal patrons providing comments 

to the Postal Service. 

Congressional Review Act 

This RIS is not a rule as designated by 

the Congressional Review Act (5 U.S.C. 

801–808) and, therefore, is not subject to 

the Act. 

Paperwork Reduction Act Statement 

This RIS does not contain information 

collections and, therefore, is not subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501, 

et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a current valid Office of 

Management and Budget control 

number. 

Contact 

Please direct any questions about this 

matter to one of the technical contacts 

listed below: 

Glenn M. Tracy, Director, Division of 

Construction Inspection and 

Operational Programs, Office of New 

Reactors; 

Timothy J. McGinty, Director, Division 

of Policy and Rulemaking, Office of 

Nuclear Reactor Regulation. 

Technical Contacts: 

Roberto Figueroa, (301) 415–6075, Email: roberto.figueroa@nrc.gov. 

Robert Stransky, (301) 415–6411, Email: robert.stransky@nrc.gov. 

End of Draft Regulatory Issue Summary 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room at One White Flint 

North, 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/NRC/ADAMS/ 

index.html. If you do not have access to 

ADAMS or if you have problems in 

accessing the documents in ADAMS, 

contact the NRC Public Document Room 

(PDR) reference staff at 1–800–397–4209 

or 301–415–4737 or by e-mail to 

pdr@nrc.gov. 

Dated at Rockville, Maryland, this 13th day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Martin C. Murphy, 

Chief, Generic Communications Branch, 

Division of Policy and Rulemaking, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E9–17164 Filed 7–17–09; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. N2009–1; Order No. 244] 

Postal Retail Network Consolidation 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice related to postal retail 

network consolidation initiative. 

SUMMARY: This document addresses a 

recent Postal Service filing seeking 

Commission action on matters related to 

a retail network consolidation plan 

affecting certain postal stations and 

branches and postal patrons, primarily 

through consolidation of facilities. It 

includes information on several related 

procedural steps, including intervention 

and a prehearing conference. 

DATES: Deadline for notices of 

intervention, requests for hearings, and 

required statements: July 28, 2009; 

prehearing conference (9:30 a.m.): July 

30, 2009. 

ADDRESSES: Submit filings electronically 

via the Commission’s Filing Online 

system at http://www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharman, general counsel, 

202–789–6820. 

SUPPLEMENTARY INFORMATION: On July 2, 

2009, the United States Postal Service 

(Postal Service) filed a request with the 

Postal Regulatory Commission 

(Commission) asking for a 

determination whether a plan to 

optimize the postal retail network by 

consolidating the operations of some 

retail stations and branches into nearby 

facilities constitutes a change in the 

nature of postal services, substantially 

on a nationwide basis, within the 

meaning of 39 U.S.C. 3661(c).1 The 

Postal Service describes the plan as the 

Postal Service Station and Branch 

Optimization and Consolidation 

Initiative (Initiative). Request at 1. 

If the Commission determines that the 

Initiative will likely generate changes in 

the nature of postal services on a 

substantially nationwide basis, the 

Postal Service then requests that the 

Commission issue an advisory opinion 

under section 3661(c) which concurs 

that such service changes would 

conform to the policies reflected in title 

39 of the United States Code. Id. at 2. 

The Postal Service states that the 

Initiative already began in May with the 

examination of the portion of the retail 

network consisting of stations and 

branches that report to Postmasters at or 

above the USPS Executive & 

Administrative Schedule level 24 pay 

grade. USPS–T–2 at 8. It asserts that the 

stations and branches that meet this 

criterion are located primarily in urban 

and suburban population centers and 

comprise approximately two-thirds of 

the over 4,800 stations and branches 

nationwide. Request at 5–6. The stated 

objective of the Initiative is to ‘‘realign 

the postal retail network with current 

and future postal customer service 

needs, to reduce inefficiency and 

redundancy, and to capture the 

resulting cost savings.’’ Id. at 6. The 

results will be used to inform any 

decisions on whether to expand the 

Initiative to a broader pool of stations 

and branches. Id. The Postal Service 

states that if the Initiative results in a 

decision to change the nature of any 

postal service provided at any postal 

facility, such changes will not be 

implemented before October 2, 2009. Id. 

at 7. 

The Postal Service’s Request is 

accompanied and supported by two 

pieces of testimony and four library 

references. The Postal Service states that 

the reasons underlying the pursuit of 

the objectives contained within the 

Initiative are described in the Direct 

Testimony of Alice M. VanGorder on 

Behalf of United States Postal Service 

(USPS–T–1), July 2, 2009. It states that 

the process to be employed in making 

decisions to achieve the objectives are 

described in the Direct Testimony of 

Kimberly I. Matalik on Behalf of United 

States Postal Service (USPS–T–2), July 

2, 2009. The library references provide 

public and non-public versions of the 

official records for the closings of the 

Buhl, PA classified station 2 and the 

Washburn, IA classified branch.3

The Request and all supporting public 

materials are on file in the 


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Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Notices 35211 

1UTG is the only closed-end investment 

company that currently intends to rely on the order. 

Applicants request that the order also apply to any 

registered closed-end investment company that in 

the future: (a) Is advised by the Investment Adviser 

(including any successor in interest) or by any 

entity controlling, controlled by, or under common 

control (within the meaning of section 2(a)(9) of the 

Act) with the Investment Adviser; and (b) complies 

with the terms and conditions of the requested 

order (collectively with UTG, ‘‘Funds’’). A 

successor in interest is limited to entities that result 

from a reorganization into another jurisdiction or a 

change in the type of business organization. 

Commission’s docket room for 

inspection during regular business 

hours, and are available on the 

Commission’s Web site at http:// 

www.prc.gov. 

Further procedures. Section 3661(c) of 

title 39 requires that the Commission 

afford an opportunity for formal, on-therecord hearing of the Postal Service’s 

Request under the terms specified in 

sections 556 and 557 of title 5 of the 

United States Code before issuing its 

advisory opinion. All interested parties 

are hereby notified that notices of 

intervention in this proceeding shall be 

due on July 28, 2009. Any participant 

requesting a hearing in this matter shall 

so state in conformance with 39 CFR 

3001.20(b). 

At this time, the Commission cannot 

anticipate the duration, or even the 

exact form, proceedings on this matter 

will take. Participants who wish to offer 

their views on these issues may do so 

in their interventions. Due to the nature 

of this Initiative, the Commission may 

consider holding public hearings 

outside of Washington, DC. 

The Postal Service indicates that its 

Initiative was fostered, in part, by the 

current financial crisis and the 

continuing decline in mail volume. In 

light of this, it requests that the 

Commission expeditiously issue its 

opinion. However, a proposal for 

changes which could impact the nature 

of postal service on a nationwide basis 

must be examined carefully. The 

Commission urges participants to 

carefully consider, prior to the 

prehearing conference, the justification 

for any proposed discovery period. 

The Commission will hold a 

prehearing conference in this docket on 

July 30, 2009 at which these questions 

will be discussed. 

Public participation. Section 3661(c) 

of title 39 requires the participation of 

an ‘‘officer of the Commission who shall 

be required to represent the interests of 

the general public’’ in these 

proceedings. Robert Sidman is 

designated to serve as Public 

Representative to represent the interests 

of the general public. 

It is ordered: 

1. The Commission establishes Docket 

No. N2009–1 to consider the Postal 

Service Request referred to in the body 

of this order. 

2. The Commission will act en banc 

in this proceeding. 

3. Notices of intervention shall be 

filed no later than July 28, 2009. 

4. Participants who wish to request a 

hearing on the Postal Service’s Request 

in this docket shall submit such a 

request, together with statements in 

conformance with 39 CFR 3001.20(b), 

on or before July 28, 2009. 

5. A prehearing conference is 

scheduled for July 30, 2009, at 9:30 a.m., 

in the Commission’s hearing room. 

6. Pursuant to 39 U.S.C. 3661(c), the 

Commission appoints Robert Sidman to 

represent the interests of the general 

public in this proceeding. 

7. The Secretary shall arrange for 

publication of this notice in the Federal 

Register. 

Issued: July 10, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–17155 Filed 7–17–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28818; File No. 812–13200] 

Reaves Utility Income Fund, et al.; 

Notice of Application 

July 14, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application under 

section 6(c) of the Investment Company 

Act of 1940 (‘‘Act’’) for an exemption 

from section 19(b) of the Act and rule 

19b–1 under the Act. 

SUMMARY OF APPLICATION: Applicants 

request an order to permit a registered 

closed-end investment company to 

make periodic distributions of long-term 

capital gains with respect to its common 

shares as often as monthly in any one 

taxable year, and as frequently as 

distributions are specified by or in 

accordance with the terms of its 

preferred shares. 

APPLICANTS: Reaves Utility Income Fund 

(‘‘UTG’’) and W.H. Reaves & Co., Inc. 

(‘‘Investment Adviser’’). 

DATES: Filing Dates: June 14, 2005, and 

amended on February 14, 2007, October 

15, 2008, April 20, 2009, and July 10, 

2009. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on August 10, 2009, and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Hearing requests should state 

the nature of the writer’s interest, the 

reason for the request, and the issues 

contested. Persons who wish to be 

notified of a hearing may request 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Secretary, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–1090; 

Applicants: Reaves Utility Income 

Fund, 1290 Broadway, Suite 1100, 

Denver, CO 80203, and W.H. Reaves & 

Co., Inc., 10 Exchange Place, 18th Floor, 

Jersey City, NJ 07302. 

FOR FURTHER INFORMATION CONTACT: 

Courtney S. Thornton, Senior Counsel, 

at (202) 551–6812, or Mary Kay Frech, 

Branch Chief, at (202) 551–6821 

(Division of Investment Management, 

Office of Investment Company 

Regulation). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or for an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm, or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. UTG is a registered closed-end 

management investment company 

organized as a Delaware statutory trust.1

UTG’s primary investment objective is 

to provide a high level of after-tax 

income and total return consisting 

primarily of tax-advantaged dividend 

income and capital appreciation. The 

common shares issued by UTG are 

listed on the NYSE Amex. UTG 

currently has three series of preferred 

shares outstanding, which are not listed 

or traded on any stock exchange. 

Applicants believe that the shareholders 

of UTG are generally conservative, 

dividend-sensitive investors who desire 

current income periodically and may 

favor a fixed distribution policy. 

2. The Investment Adviser is a 

Delaware corporation registered under 

the Investment Advisers Act of 1940 

(‘‘Advisers Act’’). The Investment 

Adviser serves as investment adviser to 


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