Notices. Notice of interest rates and assumptions

5,893 words·~27 min read·/register/2005/09/15/05-18327·

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BILLING CODE 7555-01-M NUCLEAR REGULATORY COMMISSION [Docket No. 50-219] American Energy Company, LLC Oyster Creek Nuclear Generating Station; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DRP-16 for an Additional 20-Year Period The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering application for the renewal of Operating License No. DPR-16, which authorizes the AmerGen Energy Company, LLC, to operate the Oyster Creek Nuclear Generating Station at 1930 megawatts

(MWt)thermal. The renewed license would authorize the applicant to operate the Oyster Creek Nuclear Generating Station for an additional 20 years beyond the period specified in the current license. The current Operating License for the Oyster Creek Nuclear Generating Station expires on April 9, 2009. The Commission's staff has received an application dated July 22, 2005, from AmerGen Energy Company, LLC, pursuant to 10 CFR Part 54, to renew the operating license number DPR-16 for Oyster Creek Nuclear Generating Station. A Notice of Receipt and Availability of the license renewal application, “AmerGen Energy Company, LLC; Oyster Creek Nuclear Generating Station; Notice of Receipt and Availability of Application for Renewal Facility Operating License No. DPR-16 for an Additional 20-Year Period,” was published in the **Federal Register** on August 4, 2005 (70 FR 44940). The Commission's staff has determined that AmerGen Energy Company, LLC has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c) that is acceptable for docketing. The current Docket No. 50-219 for Operating License No. DPR-16 will be retained. The docketing of the renewal application does not preclude requesting additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application. Before issuance of each requested renewed license, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. In accordance with 10 CFR 54.29, the NRC will issue a renewed license on the basis of its review if it finds that actions have been identified and have been or will be taken with respect to:

(1)Managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified as requiring aging management review, and

(2)time-limited aging analyses that have been identified as requiring review, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the current licensing basis (CLB), and that any changes made to the plant's CLB comply with the Act and the Commission's regulations. Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that is a supplement to the Commission's NUREG-1437, “Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants,” dated May 1996. Pursuant to 10 CFR 51.26, and as part of the environmental scoping process, the staff intends to hold a public scoping meeting. Detailed information regarding this meeting will be the subject of a separate **Federal Register** notice. Within 60 days after the date of publication of this **Federal Register** Notice, the applicant may file a request for a hearing, and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the renewal of the licenses. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, First Floor, Rockville, Maryland 20852 and is accessible from the Agencywide Documents Access and Management System (ADAMS) 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's PDR reference staff by telephone at 1-800-397-4209, or by e-mail at *pdr@nrc.gov* . If a request for a hearing/petition for leave to intervene is filed within the 60-day period, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel will rule on the request/petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. In the event that no request for a hearing/petition for leave to intervene is filed within the 60-day period, the NRC may, upon completion of its evaluations and upon making the findings required under 10 CFR parts 51 and 54, renew the license without further notice. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding, taking into consideration the limited scope of matters that may be considered pursuant to 10 CFR parts 51 and 54. The petition must specifically explain the reasons why intervention should be permitted with particular reference to the following factors:

(1)The nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

(2)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and

(3)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also set forth the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases of each contention and a concise statement of the alleged facts or the expert opinion that supports the contention on which the requestor/petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the requestor/petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The requestor/petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. 1 Contentions shall be limited to matters within the scope of the action under consideration. The contention must be one that, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. 1 To the extent that the application contains attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicant's counsel to discuss the need for a protection order. The Commission requests that each contention be given a separate numeric or alpha designation within one of the following groups:

(1)Technical (primarily related to safety concerns);

(2)environmental; or

(3)miscellaneous. As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to co-sponsor a contention or propose substantially the same contention, the requestors/petitioners will be required to jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A request for a hearing or a petition for leave to intervene must be filed by:

(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001, Attention: Rulemaking and Adjudications Staff;

(2)courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff;

(3)E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *HEARINGDOCKET@NRC.GOV* ; or

(4)facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at 301-415-1101, verification number is 301-415-1966. 2 A copy of the request for hearing and petition for leave to intervene must also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov* . A copy of the request for hearing and petition for leave to intervene should also be sent to the attorney for the applicant, Kathryn M. Sutton, Esquire, Morgan, Lewis, & Bockius LLP, 1111 Pennsylvania Avenue, NW., Washington, DC, 20004. 2 If the request/petition is filed by e-mail or facsimile, an original and two copies of the document must be mailed within 2

(two)business days thereafter to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Attention: Rulemaking and Adjudications Staff. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition, request and/or contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(I)-(viii). Detailed information about the license renewal process can be found under the Nuclear Reactors icon at *http://www.nrc.gov/reactors/operating/licensing/renewal.html* on the NRC's Web site. Copies of the application to renew the operating license for Oyster Creek Nuclear Generating Station are available for public inspection at the Commission's PDR, located at One White Flint North, 11555 Rockville Pike, First Floor, Rockville, Maryland 20852-2738, and at *http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html* , the NRC's Web site while the application is under review. The NRC maintains an Agencywide Documents Access and Management System (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* under ADAMS accession number ML052080172. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room

(PDR)Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* The staff has verified that a copy of the license renewal application is also available to local residents near the Oyster Creek Nuclear Generating Station at the Lacey Public Library, 10 East Lacey Road, Forked River, NJ 08731. Dated at Rockville, Maryland, this 9th day of September, 2005. For the Nuclear Regulatory Commission. Samson S. Lee, Acting Program Director, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. E5-5024 Filed 9-14-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-325 AND 50-324] Carolina Power & Light Company, Brunswick Steam Electric Plant, Units 1 and 2; Notice of Withdrawal of Applications for Amendments to Facility Operating Licenses The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of Carolina Power & Light Company (the licensee) to withdraw its November 12, 2002, application, as supplemented on March 5, 2004, for proposed amendments to Facility Operating License No. DPR-71 and Facility Operating License No. DPR-62 for Brunswick Steam Electric Plant, Units 1 and 2, respectively, located in Brunswick County, North Carolina. The proposed amendments would have revised the Technical Specifications, as necessary, to support an expansion of the core flow operating range ( *i.e.* , Maximum Extended Load Line Limit Analysis Plus (MELLLA+)). As part of the MELLLA+ implementation, Carolina Power & Light Company would implement the Detect and Suppress Solution-Confirmation Density (DSS-CD) approach to automatically detect and suppress neutronic/thermal-hydraulic instabilities. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the **Federal Register** on February 18, 2003 (68 FR 7813), and renoticed on April 27, 2004 (69 FR 22880). However, by letter dated August 25, 2005, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendments dated November 12, 2002, as supplemented March 5, 2004, and the licensee's letter dated August 25, 2005, which withdrew the application for license amendments. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (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, or 301-415-4737 or by e-mail to *pdr@nrc.gov* . Dated at Rockville, Maryland, this 8th day of September 2005. For the Nuclear Regulatory Commission. Brenda L. Mozafari, Senior Project Manager, Section 2, Project Directorate II, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5-5022 Filed 9-14-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-213] Connecticut Yankee Atomic Power Company, Haddam Neck Plant; Partial Exemption from Requirements of 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3) 1.0 Background Connecticut Yankee Atomic Power Company

(CY)is the licensee and holder of Facility Operating License No. DPR-61 for the Haddam Neck Plant (HNP), a permanently shutdown decommissioning nuclear plant. Although permanently shutdown, this facility is still subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC). On December 5, 1996, CY notified NRC that operations had permanently ceased and that all fuel had been permanently removed from the reactor. On July 7, 2000, CY submitted its License Termination Plan (LTP), which the NRC approved on November 25, 2002. CY began actively decommissioning HNP in April 1999, through a contract with Bechtel Power Corporation. In June 2003, CY began managing the decommissioning using staff augmentation and subcontractors for speciality work. The nuclear reactor and all associated systems and components necessary for the safe generation of power have been removed from the facility and disposed or sold off-site. Additionally, the structures necessary for safe power generation are either demolished or in an advanced state of demolition. There are no safety-related structures, systems and components

(SSCs)remaining at the HNP. Transfer of the spent fuel

(SF)and greater-than-Class C

(GTCC)waste from the SF pool to the HNP Independent Spent Fuel Storage Installation (ISFSI) was completed on March 30, 2005, but the SF pool has not yet been drained, so it is not ready for demolition. On February 16, 2005, CY filed a request for NRC approval of an exemption from the recordkeeping requirements of 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3). 2.0 Request/Action Pursuant to the requirements of 10 CFR 50.12, CY requested the following exemption, to the extent necessary, from the record retention requirements of:

(1)10 CFR Part 50 Appendix A, Criterion 1, which requires certain records be retained “throughout the life of the unit”;

(2)10 CFR Part 50 Appendix B, Section XVII, which requires certain records be retained consistent with applicable regulatory requirements for a duration established by the licensee; and

(3)10 CFR Part 50.59(d)(3), which requires certain records be maintained until “termination of a license issued pursuant to” Part 50. CY proposes to eliminate these records when:

(1)The nuclear power unit and associated support systems no longer exist for SSCs associated with safe power generation, or

(2)spent nuclear fuel has been completely transferred from the spent fuel pool and the building is ready for demolition. CY is not requesting any exemption associated with record keeping requirements for storage of spent fuel at its ISFSI under 10 CFR Part 50 or the general license requirements of 10 CFR Part 72. Most of these records are for SSCs that have been removed from HNP and disposed of offsite. Disposal of these records will not adversely impact the ability to meet other NRC regulatory requirements for the retention of records [e.g., 10 CFR 50.54(a), (p), (q), and (bb); 10 CFR 50.59(d); 10 CFR 50.57(g)]. These regulatory requirements ensure that records from operation and decommissioning activities are maintained for safe decommissioning, spent nuclear fuel storage, completion and verification of final site survey, and license termination. 3.0 Discussion NRC licensees are required to maintain their records according to the NRC regulatory recordkeeping requirements. Pursuant to the requirements of 10 CFR 50.12, “Specific Exemptions,” CY filed a request for a partial exemption from the NRC recordkeeping requirements contained in 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and 10 CFR 50.59 (d)(3). The NRC recordkeeping requirements at issue in CY's request for exemption are as follows. 10 CFR Part 50, Appendix A, “General Design Criteria for Nuclear Power Plants,” establishes the necessary design, fabrication, construction, testing, and performance requirements for structures, systems, and components important to safety. Specifically, CY requests an exemption from Criterion 1, “Quality standards and records,” which states in part: Appropriate records of the design, fabrication, erection, and testing of structures, systems, and components important to safety shall be maintained by or under the control of the nuclear power unit licensee throughout the life of the unit. 10 CFR Part 50, Appendix B, “Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants,” establishes quality assurance requirements for the design, construction, and operation of structures, systems, and components that prevent or mitigate the consequences of postulated accidents that could cause undue risk to the health and safety of the public. Specifically, CY requests an exemption from Criterion XVII, “Quality Assurance Records”, which states: Sufficient records shall be maintained to furnish evidence of activities affecting quality. The records shall include at least the following: Operating logs and the results of reviews, inspections, tests, audits, monitoring of work performance, and materials analyses. The records shall also include closely-related data such as qualifications of personnel, procedures, and equipment. Inspection and test records shall, as a minimum, identify the inspector or data recorder, the type of observation, the results, the acceptability, and the action taken in connection with any deficiencies noted. Records shall be identifiable and retrievable. Consistent with applicable regulatory requirements, the applicant shall establish requirements concerning record retention, such as duration, location, and assigned responsibility. CY also requests an exemption from 10 CFR 50.59(d)(3), which states: “The records of changes in the facility must be maintained until the termination of a license issued pursuant to this part or the termination of a license issued pursuant to 10 CFR Part 54, whichever is later. Records of changes in procedures and records of tests and experiments must be maintained for a period of 5 years.” Exemption Requirements In order to be granted an exemption from the requirements of 10 CFR Part 50, Appendix A, Criterion I, Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3), the licensee must meet the requirements of 10 CFR Part 50.12(a)(1), and demonstrate that special circumstances, as defined in 10 CFR 50.12(a)(2) exist. In its exemption request dated February 16, 2005, CY provides the following justification for granting the exemption request and regulatory basis for meeting the requirements of 10 CFR 50.12(a)(1), and that the special circumstances, as defined in 10 CFR 50.12(a)(2), exist: I. General Justification for Granting the Exemption Request A. Nuclear Power Generation SSCs The HNP power generation unit no longer exists. Its systems and components have been removed to various offsite disposal facilities or reuse applications. The structures that have not yet been fully demolished have been remediated or partially demolished to the point of rendering them useless for any application. The general justification for disposition of records associated with these SSCs is that the SSCs no longer exist, they no longer serve, nor can they conceivably serve, any function regulated by the NRC. While the safe power generation SSCs no longer exist, the HNP site and the power generation “footprint” continue to be under NRC regulation due, primarily, to presence of residual radioactivity. The radiological controls (and other programmatic controls such as quality assurance) of the “footprint” and the implementation of cleanup criteria are fully covered through the current plant documents such as the updated Final Safety Analysis Report (UFSAR), which includes the HNP License Termination Plan and the Quality Assurance Program. These programmatic elements and their associated records are unaffected by the exemption request. B. Spent Fuel and Associated SSCs With all spent fuel and GTCC transferred from the spent fuel pool

(SFP)to the ISFSI on March 30, 2005, the SFP and its associated SSCs no longer have a safety function. All records necessary for spent fuel storage have been retained for the ISFSI. Similar to the power generation SSC records, once the SFP is drained and ready for demolition, there is no safety-significance or other regulatory value in retaining SFP SSC records. Also, similar to the power generation “footprint”, the SFP SSCs “footprint” is included under the radiological control provided by the UFSAR, Quality Assurance Program, and their programmatic elements. Finally, CY believes that when the NRC developed record retention requirements, there was little, if any discussion related to decommissioning facilities. In the case of ISFSI records, however, recent clarification was provided. Specifically, when updating 10 CFR 72.48 requirements (72.48 is the dry fuel storage equivalent of 10 CFR 50.59), the NRC clarified the retention period for records for changes in the facility or spent fuel storage cask design to be until “* * *. Spent fuel is no longer stored in the facility” (10 CFR 72.48(d)(3)(I). This is analogous to what CY is requesting—retention of related records until fuel is no longer stored in the SFP and the SFP building is ready for demolition. C. ISFSI SSCs and Spent Nuclear Fuel CY is not requesting any exemption associated with retention of these records. II. Specific Justification for Exemptions and Special Circumstances A. Specific Exemption Is Authorized by Law The CY exemption request to reduce record retention durations is authorized by law and within the Commission's authority. CY believes that the Commission would have made these clarifying changes to the regulations had there been sufficient industry experience in performing decommissioning and license termination at Part 50 facilities when the record retention rules were originally promulgated. B. Specific Exemption Will Not Present an Undue Risk to the Public Health and Safety The public health and safety are not affected by the proposed exemption. Removal of the underlying SSCs associated with the records has been already determined by CY, in accordance with 10 CFR 50.59, to have no adverse public health and safety impact. Elimination of associated records for these SSCs will not impact health and safety. C. Specific Exemption Consistent With the Common Defense and Security CY believes that the elimination of these records is administrative in nature and does not involve information or activities that could potentially impact the common defense and security of the United States. D. Special Circumstances Further CY provides the following regulatory basis for meeting the requirements of: 10 CFR 50.12(a)(2)(ii) “Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule * * *” The common and underlying purpose for the regulations cited above is to ensure that the current license and design basis of the facility is understood, documented, preserved and retrievable. The current license basis encompasses all those elements of SSCs functionally necessary to ensure, within the boundaries of nuclear regulation, safe operation of the facility. In order to ensure future safe operation, a license basis is maintained current by evaluating changes against up-to-date information. The terms such as “safety functions”, and “safe operation” is meaningless if a facility has been dismantled and disposed. In this case, retention of records associated with nonexistent SSCs serves no safety or regulatory purpose. Therefore, application of these record requirements in CY's circumstances does not serve the underlying purpose of the regulations. 10 CFR 50.12(a)(2)(iii) “Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted,* * *” The records retention itself is an expensive proposition. Retention of records alone is not sufficient. They must be legible, retrievable and stored in a safe condition. This expense was understood on the part of the Commission and the nuclear industry for the current license basis to ensure the continued safe operation of the facility. However, what was not well understood (when the regulation was adopted) was the effect of explicit record retention durations that survived the life of a facility and no longer served an underlying safety purpose. This is the current situation at the decommissioning facilities. CY's available record storage capacity continues to shrink as buildings are remediated, surveyed and demolished. CY is less than one year from demolishing the administrative building where many of the records are stored and retained. Retaining records associated with non-existent SSCs and a non-existent nuclear power generator is a significant hardship today as records are shuffled between buildings and administrative support personnel are reduced. It will become more of a hardship and cost increase as they must make provisions for offsite storage well in advance of building demolition. 10 CFR 50.12(a)(2)(vi) “There is present any other material circumstances not considered when the regulation was adopted for which it would be in the public interest to grant an exemption.” First, the cost associated with maintaining records that no longer serve a safety purpose can be significant, particularly for a facility at an advanced stage in the decommissioning process. Decommissioning costs, including record maintenance, are paid by the ratepayers throughout the multi-state region that benefitted from the power produced by the HNP when it was operating. Since HNP is no longer generating electric power and is in decommissioning, the requested records exemption helps towards maintaining a cost-efficient decommissioning. Second, elimination of these records ensures their future unavailability to individuals and groups interested in adversely affecting commercial nuclear facilities. 4.0 Conclusion Based on its evaluation, the staff concludes the requirements for a specific exemption in 10 CFR 50.12 have been satisfied. The staff concludes that the requested exemption from the recordkeeping requirements of 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR Part 50, Appendix B Criterion XVII, and 10 CFR 50.59(d)(3), will not present an undue risk to the public health and safety. The destruction of the identified records will not impact remaining decommissioning activities; plant operations, configuration, and/or radiological effluents; operational and/or installed SSCs that are quality-related or important to safety; or nuclear security. Further, the staff concludes that the destruction of the identified records is administrative in nature and does not involve information or activities that could potentially impact the common defense and security of the United States. The staff agrees that an underlying purpose of the record keeping regulations in 10 CFR Part 50, Appendix A, Criterion 1, 10 CFR Part 50, Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3) is to ensure that the NRC staff has access to information in order for the NRC to perform its regulatory functions including inspection and licensing. For example, in the event of any accident, incident, or condition that could impact public health and safety, the records would assist in the protection of public health and safety during recovery from the given accident, incident, or condition, and also could help prevent future events or conditions at the site adversely impacting public health and safety. Because the CY-HNP reactor primary systems, including the reactor vessel, steam generators, pressurizer, reactor coolant pumps and piping, and their associated support systems have been removed for offsite disposal or resale, there are no longer regulatory functions for NRC to perform associated with these systems or components. Thus, the records identified in the exemption would not provide the NRC with information for carrying out its regulatory function. To the extent that CY had sold components, the new user of the components may have need for the associated records, however, that is an issue for the new owner and not a regulatory issue under CY's license. Therefore, the Commission grants CY the requested exemption to the recordkeeping requirements of 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3), as described in the February 16, 2005, letter. Specifically, pursuant to the requirements of 10 CFR 50.12, CY is exempted from the record retention requirements of 10 CFR Part 50 Appendix A, Criterion I, 10 CFR Part 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3) for:

(1)Records pertaining to structures, systems, and components, or activities associated with the nuclear power unit and associated support systems that no longer exist at the CY site; and

(2)records pertaining to the spent fuel pool and associated support systems for the safe storage of fuel in the spent fuel pool after the spent nuclear fuel and GTCC has been completely transferred from the spent fuel pool and the spent fuel pool is ready for demolition. This exemption does not apply to any recordkeeping requirements for storage of spent fuel at the CY ISFSI under 10 CFR Part 50 or the general requirements of 10 CFR Part 72. In addition, this exemption does not apply to any records reflecting spills, releases or other information relevant to remaining decommissioning requirements and activities at the CY site. Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment as documented in **Federal Register** (70 FR 53258, September 7, 2005). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 9th day of September, 2005. For the Nuclear Regulatory Commission. Claudia M. Craig, Acting Deputy Director, Decommissioning Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards. [FR Doc. E5-5023 Filed 9-14-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Joint Meeting of the Subcommittees on Plant License Renewal and on Plant Operations; Notice of Meeting The ACRS Subcommittees on Plant License Renewal and on Plant Operations will hold a joint meeting on September 21, 2005, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: *Wednesday, September 21, 2005—8:30 a.m. until 5 p.m.* The purpose of this meeting is to gather information regarding the current status and condition of Browns Ferry Unit 1 in preparation for ACRS reviews of the license renewal application for Browns Ferry Units 1, 2, and 3, and the restart of Browns Ferry Unit 1. The Subcommittees will hear presentations by and hold discussions with representatives of the NRC staff, Tennessee Valley Authority, and other interested persons regarding this matter. The Subcommittees will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Cayetano Santos (telephone 301/415-7270) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:30 a.m. and 4:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: September 8, 2005. Michael L. Scott, Branch Chief, ACRS/ACNW. [FR Doc. E5-5021 Filed 9-14-05; 8:45 am] BILLING CODE 7590-01-P PENSION BENEFIT GUARANTY CORPORATION Required Interest Rate Assumption for Determining Variable-Rate Premium; Interest Assumptions for Multiemployer Plan Valuations Following Mass Withdrawal AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of interest rates and assumptions. SUMMARY: This notice informs the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere), but are collected and published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site ( *http://www.pbgc.gov* ). DATES: The required interest rate for determining the variable-rate premium under part 4006 applies to premium payment years beginning in September 2005. The interest assumptions for performing multiemployer plan valuations following mass withdrawal under part 4281 apply to valuation dates occurring in October 2005. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: Variable-Rate Premiums Section 4006(a)(3)(E)(iii)(II) of the Employee Retirement Income Security Act of 1974 (ERISA) and § 4006.4(b)(1) of the PBGC's regulation on Premium Rates (29 CFR part 4006) prescribe use of an assumed interest rate (the “required interest rate”) in determining a single-employer plan's variable-rate premium. Pursuant to the Pension Funding Equity Act of 2004, for premium payment years beginning in 2004 or 2005, the required interest rate is the “applicable percentage” (currently 85 percent) of the annual rate of interest determined by the Secretary of the Treasury on amounts invested conservatively in long-term investment grade corporate bonds for the month preceding the beginning of the plan year for which premiums are being paid. Thus, the required interest rate to be used in determining variable-rate premiums for premium payment years beginning in September 2005 is 4.61 percent ( *i.e.* , 85 percent of the 5.42 percent composite corporate bond rate for August 2005 as determined by the Treasury). The following table lists the required interest rates to be used in determining variable-rate premiums for premium payment years beginning between October 2004 and September 2005. For premium payment years beginning in: The interest rate is: October 2004 4.79 November 2004 4.73 December 2004 4.75 January 2005 4.73 February 2005 4.66 March 2005 4.56 April 2005 4.78 May 2005 4.72 June 2005 4.60 July 2005 4.47 August 2005 4.56 September 2005 4.61 Multiemployer Plan Valuations Following Mass Withdrawal The PBGC's regulation on Duties of Plan Sponsor Following Mass Withdrawal (29 CFR part 4281) prescribes the use of interest assumptions under the PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044). The interest assumptions applicable to valuation dates in October 2005 under part 4044 are contained in an amendment to part 4044 published elsewhere in today's **Federal Register** . Tables showing the assumptions applicable to prior periods are codified in appendix B to 29 CFR part 4044. Issued in Washington, DC, on this 9th day of September 2005. Vincent K. Snowbarger, Deputy Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. 05-18327 Filed 9-14-05; 8:45 am]

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