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Code · REGISTER · 2007-09-14 · United States Section, International Boundary and Water Commission, United States and Mexico · Notices

Notices. Notice of Availability of Final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI)

7,201 words·~33 min read·/register/2007/09/14/07-4560

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BILLING CODE 4310-05-M INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO United States Section; Notice of Availability of a Final Environmental Assessment and Finding of No Significant Impact for Improvements to the Donna-Brownsville Levee System, in the Lower Rio Grande Flood Control Project, Hidalgo and Cameron Counties, TX AGENCY: United States Section, International Boundary and Water Commission, United States and Mexico. ACTION: Notice of Availability of Final Environmental Assessment
(EA)and Finding of No Significant Impact (FONSI). SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental Policy Act
(NEPA)of 1969, the Council on Environmental Quality Final Regulations (40 CFR parts 1500 through 1508), and the United States Section, International Boundary and Water Commission's (USIBWC) Operational Procedures for Implementing Section 102 of NEPA, published in the **Federal Register** September 2, 1981, (46 FR 44083); the USIBWC hereby gives notice of availability of the Final EA and FONSI for Improvements to the Donna-Brownsville Levee System, in the Lower Rio Grande Flood Control Project, located in Hidalgo and Cameron Counties, Texas. The Final EA addresses comments and recommendations provided by the U.S. Fish and Wildlife Service (USFWS), Natural Resources Conservation Service, Texas Historical Commission, and Texas Commission on Environmental Quality, during the Draft EA review period ending July 31, 2007. FOR FURTHER INFORMATION CONTACT: Daniel Borunda, Environmental Protection Specialist, Environmental Management Division, United States Section, International Boundary and Water Commission; 4171 N. Mesa, C-100; El Paso, Texas 79902. Telephone:
(915)832-4767; e-mail: *danielborunda@ibwc.state.gov.* Copies of the document have been provided to potentially affected parties, as identified during the Draft EA review process. Single hard copies of the Final EA may be obtained by request at the above address. Electronic copies may also be obtained from the USIBWC Home Page at *http://www.ibwc.state.gov.* DATES: The Final EA and Final FONSI will be available September 14, 2007. SUPPLEMENTARY INFORMATION: The USIBWC is authorized to construct, operate, and maintain any project or works by the United States of America on the Lower Rio Grande Flood Control Project (LRGFCP), as authorized by the Act of the 74th Congress, Sess. I Ch. 561 (H.R. 6453), approved August 19, 1935 (49 Stat. 660), and codified at 22 U.S.C. 277, 277a, 277b, 277c, and Acts amendatory thereof and supplementary thereto. The LRGFCP was constructed to protect urban, suburban, and highly developed irrigated farmland along the Rio Grande delta in the United States and Mexico. The USIBWC, in cooperation with the USFWS, prepared this Final EA for the proposed action of raising the Donna-Brownsville Levee System located in Hidalgo and Cameron Counties, Texas to improve flood control. This levee system is part of the LRGFCP that extends approximately 180 miles from the Town of Peñitas in south Texas to the Gulf of Mexico. The Donna-Brownsville Levee extends 65 miles along the Rio Grande, downstream from the Donna Pump Station in Hidalgo County to an area east of Brownsville, approximately 28 miles upstream of the Gulf of Mexico, in Cameron County. The Proposed Action would increase the flood containment capacity of the Donna-Brownsville Levee System by raising elevation of a number of levee segments to meet a 3-foot freeboard design criterion for flood protection. Height increases up to 2 feet are typically needed to reach the design freeboard value. The increase in levee height will result in an expansion to the levee footprint by lateral extension of the structure. Structural improvements may be required for some levee segments where seepage is a potential problem. Dated: September 10, 2007. Susan Daniel, General Counsel. [FR Doc. E7-18140 Filed 9-13-07; 8:45 am] BILLING CODE 7010-01-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-929-931 (Review)] Silicomanganese From India, Kazakhstan, and Venezuela AGENCY: United States International Trade Commission. ACTION: Scheduling of expedited five-year reviews concerning the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela. SUMMARY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). DATES: *Effective Date:* July 6, 2007. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for these reviews may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* On July 6, 2007, the Commission determined that the domestic interested party group response to its notice of institution (72 FR 15726, April 2, 2007) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews. Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Act. 1 2 1 Commissioner Deanna Tanner Okun voted to conduct full reviews of all orders due to changes in the conditions of competition in the U.S. market for silicomanganese. 2 A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's web site. *Staff report.* A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on October 29, 2007, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission's rules. *Written submissions.* As provided in section 207.62(d) of the Commission's rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution, 3 and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before November 1, 2007 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by November 1, 2007. However, should the Department of Commerce extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II
(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). 3 The Commission has found the responses submitted by Eramet Marietta, Inc. and Felman Production, Inc. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. *Determination.* The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. Issued: September 10, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-18111 Filed 9-13-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-415 and 731-TA-933 and 934 (Review)] Polyethylene Terephthalate Film From India and Taiwan AGENCY: United States International Trade Commission. ACTION: Notice of Commission determinations to conduct full five-year reviews concerning the countervailing duty order on polyethylene terephthalate (“PET”) film from India and the antidumping duty orders on PET film from India and Taiwan. SUMMARY: The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the countervailing duty order on polyethylene terephthalate (“PET”) film from India and the antidumping duty orders on PET film from India and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). DATES: *Effective Date:* September 4, 2007. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for these reviews may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: On September 4, 2007, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found that the domestic interested party group response to its notice of institution (72 FR 30627, June 1, 2007) was adequate and that the respondent interested party group response with respect to India was adequate and decided to conduct full reviews with respect to the antidumping and countervailing duty orders concerning PET film from India. The Commission found that the respondent interested party group response with respect to Taiwan was inadequate. However, the Commission determined to conduct a full review concerning the antidumping duty order on PET film from Taiwan to promote administrative efficiency in light of its decision to conduct full reviews with respect to the orders concerning PET film from India. A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. Issued: September 10, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-18110 Filed 9-13-07; 8:45 am] BILLING CODE 7020-02-P NUCLEAR REGULATORY COMMISSION [Docket Nos.: 50-18, 50-70, 50-73, 50-183; License Nos.: DPR-1, TR-1, R-33, and DR-10] In the Matter of General Electric Company (Vallecitos Boiling Water Reactor, General Electric Test Reactor, Nuclear Test Reactor, and ESADA Vallecitos Experimental Superheat Reactor); Order Approving Transfer of Licenses and Conforming Amendments I The General Electric Company
(GE)is the holder of License No. DPR-1 for the Vallecitos Boiling Water Reactor (VBWR), License No. TR-1 for the General Electric Test Reactor (GETR), and License No. DR-10 for the ESADA Vallecitos Experimental Superheat Reactor (EVESR), which authorize possession but not operation of these facilities. GE is also the holder of License No. R-33 for the Nuclear Test Reactor (NTR), which authorizes possession, use and operation of the facility. The VBWR, the GETR and the EVESR are permanently shut down with possession-only licenses, and are maintained in safe storage with their nuclear fuel removed from the site. The NTR is a research reactor that operates at power levels not in excess of 100 kilowatts (thermal) under the authority of an operating license. The facilities are located at GE's Vallecitos site in Sunol, California. II By letter dated January 19, 2007, and supplemented on January 25, 2007, February 23, 2007, March 2, 2007, March 26, 2007, May 16, 2007, May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007, (collectively, the Application), GE requested approval by the U.S. Nuclear Regulatory Commission
(NRC)to the direct license transfers that would be necessary in connection with GE's proposed transfers to GE-Hitachi Nuclear Energy Americas, LLC (GE-Hitachi) of its 100 percent interests in the VBWR, the EVESR, the GETR, and the NTR. GE also requested approval of conforming amendments to the respective licenses to reflect the proposed transfers of ownership of the facilities from GE to GE-Hitachi. No physical changes to the facilities or operational changes were proposed in the Application. After completion of the proposed transfers, GE-Hitachi would be the owner of the VBWR, the EVESR, and the GETR, and owner and operator of the NTR. Approval of the transfer of the licenses and the conforming amendments was requested pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, (the Act), 10 CFR 50.80 and 10 CFR 50.90. A notice of consideration of approval and opportunity for a hearing or to submit written comments for the requested direct transfers was published in the **Federal Register** on March 28, 2007 (72 FR 14621-14622). No request for hearing or comment were received on the Application. Pursuant to 10 CFR 50.80, no license for a production or utilization facility, 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 and other information before the Commission, and relying upon the representations and agreements contained in the Application, the NRC staff has determined that GE-Hitachi is qualified to hold the licenses to the extent now held by GE regarding its ownership interests and operating authority as proposed in the Application, and the transfer of the licenses is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission, subject to the conditions set forth below. The NRC staff has further found that the Application for the proposed amendments to the licenses complies with the standards and requirements of the Act, and the Commission's rules and regulations set forth in 10 CFR Chapter I; the facilities will operate in conformity with the Application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public, and that such activities will be conducted in accordance with the Commission's regulations; the issuance of the proposed amendments to the licenses will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed amendments to the licenses will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by NRC's Safety Evaluation dated September 6, 2007. III Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended; 42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 50.80, *It is hereby ordered* that the transfer of the licenses, as described herein, to GE-Hitachi is approved, subject to the following conditions: 1. GE-Hitachi Nuclear Energy Americas, LLC, as stated in the Application, will abide by all commitments and representations previously made by GE with respect to the licenses. These include, but are not limited to, maintaining decommissioning records, implementing decontamination activities, and eventually decommissioning the facilities. 2. The Manager of the Vallecitos Nuclear Center, the Vice-President, Reactor Facility Safety and Security of GE-Hitachi Nuclear Energy Americas, LLC, and the Manager of GE-Hitachi Nuclear Energy Americas, LLC, shall be U.S. citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure, that the business and activities of GE-Hitachi Nuclear Energy Americas, LLC, with respect to the licenses for the subject facilities, are at all times conducted in a manner consistent with the protection of the public health and safety and the common defense and security. 3. The commitments/representations made in the Application, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and may not be modified without the prior written consent from the Director, Office of Nuclear Reactor Regulation, the Director, Office of Federal and State Materials and Environmental Management Programs, or their designee(s). 4. GE-Hitachi Nuclear Energy Americas, LLC, shall cause to be transmitted to the Director, Office of Nuclear Reactor Regulation and the Director, Office of Federal and State Materials and Environmental Management Programs within 30 days of filing with the U.S. Securities Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to the Securities Exchange Act of 1934 that discloses beneficial ownership of a registered class of General Electric stock. 5. Prior to completion of the transfer of the licenses, GE-Hitachi Nuclear Energy Americas, LLC, shall provide the Nuclear Regulatory Commission staff satisfactory documentary evidence that it has obtained the appropriate amount of insurance required of licensees under 10 CFR Part 140 of the Commission's regulations. 6. Prior to completion of the transfer of the licenses, GE-Hitachi Nuclear Energy Americas, LLC, shall provide the Nuclear Regulatory Commission staff satisfactory documentary evidence of a parent company guarantee or another method authorized by and meeting the requirements of 10 CFR 50.75 for decommissioning funding assurance for the licenses in an amount no less than $8,016,000 for the VBWR, $14,077,000 for the GETR, $3,411,000 for the NTR, and $10,516,000 for the EVESR. *It is further ordered* that, consistent with 10 CFR 2.1315(b), amendments to the licenses that make changes as indicated in Enclosure 2 to the cover letter, which forwards this Order, to conform the licenses to reflect the subject transfer of the licenses, are approved. The amendments to the licenses shall be issued and made effective at the time the proposed transfers are completed. *It is further ordered* that GE shall inform the Directors of the Office of Nuclear Reactor Regulation and the Office of Federal and State Materials and Environmental Management Programs in writing of the date of closing of the transfer of the subject interests in the VBWR, the EVESR, the GETR, and the NTR at least
(five)5 business days prior to transfer to GE-Hitachi. Should the transfer of the licenses not be completed within one year of this Order's date of issuance, this Order shall become null and void, provided, however, that upon written application and for 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 and the Safety Evaluation, 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 6th day of September 2007. For the Nuclear Regulatory Commission. J.E. Dyer, Director, Office of Nuclear Reactor Regulation. [FR Doc. E7-18147 Filed 9-13-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-445 and 50-446; License Nos. NPF-87 and NPF-89] In the Matter of: Txu Generation Company LP (Comanche Peak Steam Electric Station, Units 1 and 2); Order Approving Indirect Transfer of Facility Operating Licenses and Conforming Amendments I TXU Generation Company LP is the holder of Facility Operating Licenses numbered NPF-87 and NPF-89, which authorize operation of Comanche Peak Steam Electric Station, Units 1 and 2 (CPSES). The facilities are located at the licensee's site in Somervell County, Texas. The Operating Licenses authorize TXU Generation Company LP to possess, use and operate CPSES. II By application dated April 18, 2007, as supplemented by letter dated July 20, 2007, TXU Generation Company LP (TXU Power), acting on behalf of Texas Energy Future Holdings Limited Partnership (Texas Energy LP) and itself, requested that the U.S. Nuclear Regulatory Commission (NRC), 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 TXU Power's licenses to possess, use, and operate CPSES. TXU Corp., which indirectly owns 100 percent of TXU Power, and Texas Energy LP have entered into an agreement for Texas Energy LP to acquire all of the outstanding equity of TXU Corp. As part of the transaction, a new company, Luminant Holdco, will be established as an intermediate parent of TXU Power and indirect subsidiary of TXU Corp. At the time of the acquisition, TXU Power will be converted from a limited partnership to a limited liability company, but will continue in existence through the conversion and will continue to hold the licenses. Thus, there will be no direct transfer of the licenses. The application also states that TXU Power, *i.e.* , TXU Generation Company LP, will be renamed as Luminant Generation Company LLC. Therefore, pursuant to 10 CFR 50.90, TXU Power also requested approval of conforming license amendments to the CPSES, Unit 1 Operating License (NPF-87) and CPSES, Unit 2 Operating License (NPF-89) to reflect the name change from TXU Generation Company LP to Luminant Generation Company LLC. Under the name of Luminant Generation Company LLC, TXU Power will continue to own and operate CPSES. Through the acquisition of TXU Corp. by Texas Energy LP, TXU Power will become part of an enterprise controlled and held by private equity investors. Notice of the requests for approval and an opportunity for a hearing was published in the **Federal Register** on June 13, 2007 (72 FR 32685). No comments or hearing requests were received. Pursuant to 10 CFR 50.80, 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 TXU Power as described herein will not affect the qualifications of TXU Power as holder of the CPSES licenses, and that the indirect transfer of control of the licenses, to the extent effected by the proposed transaction described in the application, is otherwise consistent with the applicable provisions of laws, regulations, and orders issued by the NRC pursuant thereto, subject to the conditions described herein. The findings set forth above are supported by a safety evaluation dated September 10, 2007. 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 transfers related to the proposed acquisition is approved, subject to the following conditions:
(1)TXU Power shall enter into the $250 million support agreement with Luminant Investment Company LLC, as described in the application, no later than the time the proposed transactions and indirect license transfers occur. TXU Power, whether or not converted to a limited liability company and/or renamed, shall take no action to cause Luminant Investment Company LLC, 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 the 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 Nuclear Reactor Regulation 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 transfers. TXU Power, whether or not converted to a limited liability company and/or renamed, shall inform the NRC in writing anytime it draws upon the support agreement.
(2)Following the subject indirect transfer of control of the licenses, all of the officers of the general partner or controlling member of the licensee of CPSES shall be U.S. citizens. This condition may be amended upon application by the licensee and approval by the Director of the Office of Nuclear Reactor Regulation. *It is further ordered* that, consistent with 10 CFR 2.1315(b), license amendments that make changes, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the licenses to reflect the change in the name of the licensee occurring in connection with the proposed acquisition of TXU Corp., and to reflect certain conditions of this order, are approved. The amendments shall be issued and made effective at the time the proposed acquisition and name change are completed. *It is further ordered* that TXU Power shall inform the Director of the Office of Nuclear Reactor Regulation in writing of the date of the closing of the acquisition of TXU Corp., establishment of Luminant Holdco, and change in name of TXU Power no later than 5 business days prior to such actions. Should the indirect transfer of control of TXU Power not be completed by July 10, 2008, 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 April 18, 2007, and supplemental letter dated July 20, 2007, and the safety evaluation dated 2007, 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 10th day of September, 2007. For the Nuclear Regulatory Commission. Catherine Haney, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7-18142 Filed 9-13-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. STN 50-456 and STN 50-457] Exelon Generation Company, LLC, Braidwood Station, Units 1 and 2; Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission
(NRC)is considering issuance of an exemption from Title 10 of the *Code of Federal Regulations* (10 CFR) Part 50, section 46, and Appendix K to section 50, for Facility Operating License Nos. NPF-72 and NPF-77, issued to Exelon Generation Company, LLC (the licensee), for operation of the Braidwood Station (Braidwood), Units 1 and 2 located in Will County, Illinois. Therefore, as required by 10 CFR 51.21, the NRC is issuing this environmental assessment and finding of no significant impact. Environmental Assessment Identification of the Proposed Action The proposed action would allow the use of AREVA NP Inc. (AREVA) modified Advanced Mark-BW fuel assemblies. The proposed action is in accordance with the licensee's application dated September 26, 2006, as supplemented by letter dated August 8, 2007. The Need for the Proposed Action The proposed action would allow up to eight AREVA modified Advanced Mark-BW fuel assemblies to be placed in nonlimiting Braidwood, Unit 1 core locations. Pursuant to 10 CFR 50.12, “Specific Exemptions,” the licensee has requested an exemption to 10 CFR 50.46, “acceptance criteria for emergency core cooling systems for light-water nuclear power reactors,” that requires, among other items, that “each boiling or pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding, must be provided with an emergency core cooling system
(ECCS)that must be designed so that its calculated cooling performance following postulated loss-of-coolant accidents conforms to the criteria set forth in paragraph
(b)of this section.” Appendix K to 10 CFR Part 50, “ECCS Evaluation Models,” requires, among other items, that the rate of energy release, hydrogen generation, and cladding oxidation from the metal/water reaction shall be calculated using the Baker-Just equation. The regulation at 10 CFR 50.46 and 10 CFR Part 50, Appendix K, make no provisions for use of fuel rods clad in a material other than zircaloy or ZIRLO. The licensee will irradiate eight assemblies using fuel rods clad with AREVA's M5 alloy in Braidwood, Unit 1. Since the material specifications of the M5 alloy differ from the specification for zircaloy or ZIRLO, a plant-specific exemption is required to support the use of the eight assemblies. Environmental Impacts of the Proposed Action The NRC has completed its safety evaluation of the proposed action and concludes that application of 10 CFR 50.46, and Appendix K to 10 CFR 50, is not necessary for the licensee to achieve its underlying purposes. The details of the NRC staff's safety evaluation will be provided in the exemption that will be issued as part of the letter to the licensee approving the exemption to the regulation. The proposed action will not significantly increase the probability or consequences of accidents. No changes are being made in the types of effluents that may be released off site. There is no significant increase in the amount of any effluent released off site. There is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. With regard to potential non-radiological impacts, the proposed action does not have a potential to affect any historic sites. It does not affect non-radiological plant effluents and has no other environmental impact. Therefore, there are no significant non-radiological environmental impacts associated with the proposed action. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the staff considered denial of the proposed action (i.e., the “no-action” alternative). Denial of the application would result in no change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are similar. Alternative Use of Resources The action does not involve the use of any different resources than those previously considered in the Final Environmental Statement for Braidwoood NUREG-1026, dated June 1984. Agencies and Persons Consulted In accordance with its stated policy, on August 29, 2007, the NRC staff consulted with the Illinois State official, Mr. Frank Niziolek of the Illinois Emergency Management Agency, regarding the environmental impact of the proposed action. The State official had no comments. Finding of No Significant Impact On the basis of the environmental assessment, the NRC concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed action. For further details with respect to the proposed action, see the licensee's letter dated September 26, 2006, as supplemented by letter dated August 8, 2007. 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 O1F21, 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/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 send an e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 10th day of September, 2007. For the Nuclear Regulatory Commission. Robert F. Kuntz, Project Manager, Plant Licensing Branch III-2. Division of Operating Reactor Licensing. Office of Nuclear Reactor Regulation. [FR Doc. E7-18141 Filed 9-13-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 52-011] Southern Nuclear Operating Company; Notice of Availability of the Draft Environmental Impact Statement for an Early Site Permit
(ESP)at the Vogtle ESP Site and Associated Public Meeting Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, the Commission) has published NUREG-1872, “Draft Environmental Impact Statement
(DEIS)for an Early Site Permit
(ESP)at the Vogtle ESP Site.” The site is located on the southwest side of the Savannah River in eastern Burke County, Georgia. The application for the ESP was submitted by letter dated August 15, 2006, pursuant to 10 CFR Part 52. The application included a site redress plan in accordance with 10 CFR 52.17(c) and 52.25. If the site redress plan is incorporated in an approved ESP, then the applicant may carry out certain site preparation work and preliminary construction activities. A notice of receipt and availability of the application, which included the environmental report (ER), was published in the **Federal Register** on August 29, 2006, (71 FR 51222). A notice of acceptance for docketing of the application for the ESP was published in the **Federal Register** on September 26, 2006, (71 FR 56187). A notice of intent to prepare an environmental impact statement and to conduct the scoping process was published in the **Federal Register** on October 5, 2006, (71 FR 58882). The purpose of this notice is to inform the public that NUREG-1872, “Draft Environmental Impact Statement
(DEIS)for an Early Site Permit
(ESP)at the Vogtle ESP Site,” is available for public inspection in the NRC Public Document Room
(PDR)located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20852, or from the Publicly Available Records
(PARS)component of NRC's Agencywide Documents Access and Management System (ADAMS), and will also be placed directly on the NRC Web site at *http://www.nrc.gov* . ADAMS is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* (the Public Electronic Reading Room). The ADAMS accession number for Volume I of the DEIS is ML072410045 and Volume II of the DEIS is ML072410049. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the PDR reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . In addition, the Burke County Library, 130 Highway 24 South, Waynesboro, Georgia, has agreed to make the DEIS available for public inspection. The NRC staff will hold a public meeting to present an overview of the DEIS and to accept public comments on the document. The public meeting will be held at the Augusta Technical College, Waynesboro Campus Auditorium, 216 Hwy 24 South, Waynesboro, Georgia, on Thursday, October 4, 2007. The meeting will convene at 7 p.m. and will continue until 10 p.m., as necessary. The meeting will be transcribed and will include:
(1)A presentation of the contents of the DEIS, and
(2)the opportunity for interested government agencies, organizations, and individuals to provide comments on the draft report. Additionally, the NRC staff will host informal discussions two hours before the start of the meeting at the Augusta Technical College, Waynesboro Campus Auditorium. No formal comments on the DEIS will be accepted by the NRC staff during the informal discussions. However, the staff will make available a court reporter from 5 p.m. until 7 p.m. in the Waynesboro Campus Auditorium to accept oral comments on the DEIS for inclusion into the official meeting minutes. Otherwise, to be considered, comments must be provided either at the transcribed public meeting or in writing. Persons may register to attend or present oral comments at the meeting by contacting Ms. Cristina Guerrero, by telephone at 1-800-368-5642, extension 2981, or by Internet to the NRC at *VOGTLE_EIS@nrc.gov* , no later than September 28, 2007. Members of the public may also register to speak at the meeting within 15 minutes of the start of the meeting. Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Ms. Guerrero will need to be contacted no later than September 28, 2007, if special equipment or accommodations are needed to attend or present information at the public meeting, so that the NRC staff can determine whether the request can be accommodated. Members of the public may send written comments on the DEIS for the Vogtle ESP to the Chief, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** Notice. Comments may also be delivered to Room T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m., during Federal workdays. To be considered written comments should be postmarked by November 28, 2007. Electronic comments may be sent by the Internet to the NRC at *VOGTLE_EIS@nrc.gov* . Electronic submissions should be sent no later than November 28, 2007. Comments will be available electronically and accessible through the NRC's PERR link at *http://www.nrc.gov/reading-rm/adams.html* . FOR FURTHER INFORMATION CONTACT: Cristina Guerrero, Division of Site and Environmental Reviews, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. Ms. Guerrero may be contacted at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 4th day of September, 2007. For the Nuclear Regulatory Commission. James E. Lyons, Director, Division of Site and Environmental Reviews Office of New Reactors. [FR Doc. E7-18143 Filed 9-13-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Appointments to Performance Review Boards for Senior Executive Service AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Appointment to Performance Review Boards for Senior Executive Service. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)has announced the following appointments to the NRC Performance Review Boards. The following individuals are appointed as members of the NRC Performance Review Board
(PRB)responsible for making recommendations to the appointing and awarding authorities on performance appraisal ratings and performance awards for Senior Executives and Senior Level employees: Darren B. Ash, Deputy Executive Director for Information Services and Chief Information Officer; R. Wiliam Borchardt, Director, Office of New Reactors; Samuel J. Collins, Regional Administrator, Region I; Karen D. Cyr, General Counsel; Timothy F. Hagan, Director, Office of Administration; Bruce S. Mallet, Deputy Executive Director for Reactor and Preparedness Programs (Designate), Office of the Executive Director for Operations; William M. McCabe, Chief Financial Officer; Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs; Luis A. Reyes, Executive Director for Operations; Martin J. Virgilio, Deputy Executive Director for Materials, Waste, Research, State, Tribal, and Compliance Programs. The following individuals will serve as members of the NRC PRB Panel that was established to review appraisals and make recommendations to the appointing and awarding authorities for NRC PRB members: Stephen G. Burns, Deputy General Counsel, Office of the General Counsel; Brian W. Sheron, Director, Office of Nuclear Regulatory Research; Roy P. Zimmerman, Director, Office of Nuclear Security and Incident Response. All appointments are made pursuant to section 4314 of Chapter 43 of Title 5 of the United States Code. DATES: *Effective Date:* September 14, 2007. FOR FURTHER INFORMATION CONTACT: Secretary, Executive Resources Board, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
(301)492-2076. Dated at Rockville, Maryland, this 4th day of September, 2007. For the U.S. Nuclear Regulatory Commission. James F. McDermott, Secretary, Executive Resources Board. [FR Doc. E7-18151 Filed 9-13-07; 8:45 am] BILLING CODE 7590-01-P OVERSEAS PRIVATE INVESTMENT CORPORATION Request for Comments AGENCY: Overseas Private Investment Corporation (OPIC). SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to publish a Notice in the **Federal Register** notifying the public that the Agency is preparing an information collection request for OMB review and approval and to request public review and comment on the submission. Comments are being solicited on the need for the information; the accuracy of the Agency's burden estimate, practical utility and clarity of the information to be collected; and on ways to estimate, practical utility and clarity of the information to be collected; and on ways to minimize the reporting burden, including automated collection techniques and uses of other forms of technology. The proposed form, OMB control number 3420-0001, under review is summarized below. DATES: Comments must be received within 30 calendar-days of publication of this Notice. The 60 day notice was published in the **Federal Register** on June 28, 2007. ADDRESSES: Copies of the subject form and the request for review prepared for submission to OMB may be obtained from the Agency submitting officer. Comments on the form should be submitted to the Agency Submitting Officer. FOR FURTHER INFORMATION CONTACT: OPIC Agency Submitting Officer: Essie Bryant, Record Manager, Overseas Private Investment Corporation, 1100 New York Avenue, NW., Washington, DC 20527;
(202)336-8563. Summary Form Under Review *Type of Request:* Revised form. *Title:* Request for Registration for Political Risk Investment Insurance. *Form Number:* OPIC-50. *Frequency of Use:* Once per investor per project. *Type of Respondents:* Business or other institution (except farms); individuals. *Description of Affected Public:* U.S. companies or citizens investing overseas. *Reporting Hours:* 1/2 hour per project. *Number of Responses:* 333 per year. *Federal Cost:* $1,000.00. *Authority for Information Collection:* Sections 231, 234(a), 239(d), and 240A of the Foreign Assistance Act of 1961, as amended. *Abstract (Needs and Uses):* The OPIC Form 50 is submitted by eligible investors to register their intent to make international investments, and ultimately, to seek OPIC political risk insurance. By submitting Form 50 to OPIC prior to making an irrevocable commitment, the incentive effect of OPIC is demonstrated. Dated: September 11, 2007. John Crowley, III, Senior Administrative Counsel, Department of Legal Affairs. [FR Doc. 07-4560 Filed 9-13-07; 8:45 am]
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