Material Changes in Facts That Require Notifications Under Commission Regulations Under the Public Utility Holding Company Act of 2005; Order Clarifying Requirement To Notify Commission of Material Changes in Facts Under the Public Utility Holding Company Act of 2005 and Allowing 45-Day Filing Period for Updated Notifications, 71640-71641 [E8-27985]
Download as PDF
<![CDATA[
71640
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
Commission identifying itself and
providing details about its prior filings
that establish that it complied with the
Commission’s Electric Quarterly Report
filing requirements.
8. If the above-captioned marketbased rate seller does not wish to
continue having market-based rate
authority, it may file a notice of
cancellation with the Commission
pursuant to section 205 of the FPA to
cancel its market-based rate tariff.
The Commission orders:
(A) Within 15 days of the date of
issuance of this order, the public utility
listed in the caption of this order shall
file with the Commission all delinquent
Electric Quarterly Reports. If the public
utility fails to make this filing, the
Commission will revoke that public
utility’s authority to sell power at
market-based rates and will terminate
its electric market-based rate tariff. The
Secretary is hereby directed, upon
expiration of the filing deadline in this
order, to promptly issue a notice,
effective on the date of issuance, listing
the public utility whose tariff has been
revoked for failure to comply with the
requirements of this order and the
Commission’s Electric Quarterly Report
filing requirements.
(B) The Secretary is hereby directed to
publish this order in the Federal
Register.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–27992 Filed 11–24–08; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PL09–2–000]
Material Changes in Facts That
Require Notifications Under
Commission Regulations Under the
Public Utility Holding Company Act of
2005; Order Clarifying Requirement To
Notify Commission of Material
Changes in Facts Under the Public
Utility Holding Company Act of 2005
and Allowing 45-Day Filing Period for
Updated Notifications
jlentini on PROD1PC65 with NOTICES
Issued November 20, 2008.
Before Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly; Marc Spitzer;
Philip D. Moeller; and Jon Wellinghoff.
1. The Commission’s regulations
under the Public Utility Holding
Company Act of 2005 (PUHCA 2005) 1
1 42
U.S.C. 16451 et seq. (2006).
VerDate Aug<31>2005
17:01 Nov 24, 2008
Jkt 217001
currently require persons that meet the
definition of a holding company set
forth at 18 CFR 366.1 (2008) to notify
the Commission of their status as a
holding company no later than 30 days
after they become a holding company.2
The Commission’s PUHCA 2005
regulations also provide exemptions
from or waivers of requirements that
apply to holding companies.3 The
companies that receive certain of these
exemptions or waivers are required to
notify the Commission of material
changes in facts that may affect the
exemption or waiver.4 It has come to the
Commission’s attention that we may not
have provided sufficient clarity
regarding an aspect of the scope of this
filing requirement and the purpose of
this order is to clarify and provide
guidance on certain filings that need to
be made under this regulation.
2. The exemptions in question apply
to a number of entities, including
certain passive investors and certain
utility operating companies, as well as
to certain classes of transactions.
Qualifying entities or classes of
transactions are exempt from the
requirements concerning access to
books and records found at section
366.2, as well as the accounting, recordretention, and reporting requirements of
sections 366.21, 366.22, and 366.23 of
the Commission’s regulations.5 To
receive one or more of these
exemptions, a person must file an
exemption notification with the
Commission, i.e., FERC–65A. The
exemption is deemed granted if the
Commission does not take action on the
notification within 60 days.6 Persons
that do not qualify for an exemption
under the regulations may petition for a
declaratory order granting one.7
3. The waivers in question apply to
holding companies that have singlestate holding company systems, as
defined in section 366.3(c)(1) of the
Commission’s regulations, as well as
investors in independent transmissiononly companies and holding companies
with 100 MW of generation or less that
is used for their own load or sales to
affiliated end users.8 Qualifying entities
receive a waiver of the accounting,
record-retention, and reporting
requirements found in sections 366.21,
366.22 and 366.23 of the Commission’s
regulations.9 To receive one or more of
2 18
CFR 366.4(a)(1) (2008).
3 Id. § 366.3.
4 Id. § 366.4(d).
5 Id. § 366.3(b).
6 Id. § 366.4(b)(1).
7 Id. § 366.4(b)(3); accord id. § 366.3(d).
8 Id. § 366.3(c).
9 Id. § 366.4(c).
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
these waivers, a person must file a
waiver notification with the
Commission, i.e., FERC–65B. The
waiver is deemed granted if the
Commission does not take action on the
notification within 60 days.10 Persons
that do not qualify for a waiver under
the regulations may petition for a
declaratory order granting one.11
4. The Commission’s regulations
specify that if there is any material
change in facts that may affect an
exemption or waiver of the type
described above, the person that
received the exemption or waiver must
notify the Commission of the change
within 30 days of the material change.
At that time the person must (i) submit
a new FERC–65A, FERC–65B, or
petition for declaratory order; (ii) file a
written explanation why the material
change in facts does not affect the
exemption or waiver; or (iii) notify the
Commission that it no longer seeks to
maintain its exemption or waiver.12
5. The Commission’s regulations
require only notification of those
material changes in facts that may affect
an exemption or waiver, but they do not
otherwise state when a notification is
required. The Commission wishes to
clarify one type of change in facts that
should in all cases be the subject of a
notification. If a holding company that
has previously filed an exemption or
waiver notification, i.e., FERC–65A or
FERC–65B, or that has received an
exemption or waiver through a
declaratory order, becomes a holding
company with respect to an additional
public-utility company or holding
company of any public-utility company
(i.e., obtains the power to vote 10
percent or greater of the voting
securities of an additional company),
that holding company should file with
the Commission a notification of
material change in facts that describes
the additional public-utility company or
holding company of any public-utility
company and otherwise complies with
the requirements of section 366.4(d)(1)
of the Commission’s regulations by
selecting one of the three possible
courses of action set forth in that
section. This filing should be made
whether or not a change has occurred
with respect to the basis on which the
exemption or waiver was granted.13 We
10 Id.
§ 366.4(c)(1).
§ 366.4(c)(2); accord id. § 366.3(d).
12 Id. § 366.4(d).
13 For example, if a holding company received an
exemption from the PUHCA 2005 regulations on the
basis of its status as a passive investor of the type
identified in 18 CFR 366.3(b)(2)(i), it should notify
the Commission whenever it acquires as a passive
investor interests in an additional public-utility
company or holding company that, upon
11 Id.
E:\FR\FM\25NON1.SGM
25NON1
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
note that the FERC–65 filing
requirements are intended, in part, to
serve an informational purpose,14 and
the addition of a new subsidiary
company that is a public-utility
company or holding company of a
public-utility company represents a
material fact that should be reported to
the Commission.
6. Because not all holding companies
may have been interpreting the
Commission’s regulations to require
such filings where the basis on which
their exemption or waiver was granted
has not changed, and because the
Commission has not previously clarified
this requirement for notifications of
material changes in fact, we will allow
all such companies to file within 45
days of the date of publication of this
order in the Federal Register a
notification of change in material facts
which updates the Commission on any
investments of 10 percent or more of the
voting securities of a public-utility
company or holding company of a
public-utility company since the time
the exemption or waiver was granted.
The Secretary is directed to publish a
copy of this order in the Federal
Register.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–27985 Filed 11–24–08; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP98–150–012]
Millennium Pipeline Company, L.L.C.;
Notice of Petition To Amend
November 19, 2008.
jlentini on PROD1PC65 with NOTICES
Take notice that on November 17,
2008, Millennium Pipeline Company,
L.L.C. (Millennium), One Blue Hill
Plaza, Seventh Floor, P.O. Box 1565,
Pearl River, New York 10965, filed in
Docket No. CP98–150–012, a petition to
amend the certificate of public
convenience and necessity issued on
December 21, 2006 in Docket No. CP98–
150–006, et al. It is stated that
Millennium seeks authority to amend its
certificate authorization to allow it to
implement a contingency plan to
acquire, construct, and operate
acquisition, becomes a ‘‘subsidiary company,’’ as
defined in 18 CFR 366.1, of the passive investor.
This filing should be made even if the holding
company continues to qualify for an exemption as
a passive investor.
14 Id. § 366.4(a)(2).
VerDate Aug<31>2005
17:01 Nov 24, 2008
Jkt 217001
additional facilities if it is unable to
complete the horizontal directional drill
at the East Branch of the Delaware River
or at Wheeler Creek in time to make its
facilities available for service prior to
December 31, 2008. Specifically,
Millennium requests authorization to (1)
decrease the diameter of the pipeline
facilities to be constructed at Wheeler
Creek from 30 inches to 24 inches, and
permanently provide service utilizing
the reduced diameter facilities; (2) delay
completion of the horizontal directional
drill (HDD) at the East Branch of the
Delaware River until no later than
September 30, 2009; (3) acquire from
Columbia two 10-inch diameter
pipelines and a small segment of one
12-inch diameter pipeline located to the
west of the two 10-inch lines (Crossing
Facilities) which Columbia is
authorized to abandon in place; (4)
construct limited facilities, including
approximately 850 feet of 12-inch
pipeline, cathodic protection equipment
and overpressure protection facilities,
necessary to interconnect Columbia’s
Crossing Facilities with Millennium’s
newly constructed 30-inch diameter
mainline at the East Branch of the
Delaware River; and (5) provide service
utilizing the Crossing Facilities until
such time as Millennium completes the
HDD or implements an approved
alternative at the East Branch of the
Delaware River. It is stated that it the
requested authorizations would only be
implemented if Millennium determines
that either of the HDDs would not be
completed in time to permit Millennium
to make its system available for service
prior to December 31, 2008.
It is also stated that if Millennium is
able to complete one HDD, but not the
other HDD, Millennium would only
implement the authorization that
applies to the HDD it is unable to
complete, all as more fully set forth in
the petition to amend which is on file
with the Commission and open to
public inspection. This filing is
available for review at the Commission
in the Public Reference Room or may be
viewed on the Commission’s Web site at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. For assistance, contact FERC
Online Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676; or for TTY,
contact (202) 502–8659.
Any initial questions regarding
Millennium’s proposal in this petition
should be directed to counsel for
Millennium, Daniel F. Collins or Letitia
W. McKoy, Fulbright & Jaworski, L.L.P.,
801 Pennsylvania Avenue, NW.,
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
71641
Washington, DC 20004; telephone (202)
662–4586 (Daniel) or (202) 662–4668
(Letitia), fax (202) 662–4643.
Pursuant to section 157.9 of the
Commission’s rules, 18 CFR 157.9,
within 90 days of this Notice the
Commission staff will either: complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding; or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
or EA for this proposal. The filing of the
EA in the Commission’s public record
for this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify federal and
state agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211 and
385.214). Protests will be considered by
the Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed on or before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Applicant. On
or before the comment date, it is not
necessary to serve motions to intervene
or protests on persons other than the
Applicant.
However, a person does not have to
intervene in order to have comments
considered. The second way to
participate is by filing with the
Secretary of the Commission, as soon as
possible, an original and two copies of
comments in support of or in opposition
to this project. The Commission will
consider these comments in
determining the appropriate action to be
taken, but the filing of a comment alone
will not serve to make the filer a party
to the proceeding. The Commission’s
rules require that persons filing
comments in opposition to the project
provide copies of their protests only to
the party or parties directly involved in
the protest.
Persons who wish to comment only
on the environmental review of this
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71640-71641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27985]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PL09-2-000]
Material Changes in Facts That Require Notifications Under
Commission Regulations Under the Public Utility Holding Company Act of
2005; Order Clarifying Requirement To Notify Commission of Material
Changes in Facts Under the Public Utility Holding Company Act of 2005
and Allowing 45-Day Filing Period for Updated Notifications
Issued November 20, 2008.
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly; Marc Spitzer; Philip D. Moeller; and Jon Wellinghoff.
1. The Commission's regulations under the Public Utility Holding
Company Act of 2005 (PUHCA 2005) \1\ currently require persons that
meet the definition of a holding company set forth at 18 CFR 366.1
(2008) to notify the Commission of their status as a holding company no
later than 30 days after they become a holding company.\2\ The
Commission's PUHCA 2005 regulations also provide exemptions from or
waivers of requirements that apply to holding companies.\3\ The
companies that receive certain of these exemptions or waivers are
required to notify the Commission of material changes in facts that may
affect the exemption or waiver.\4\ It has come to the Commission's
attention that we may not have provided sufficient clarity regarding an
aspect of the scope of this filing requirement and the purpose of this
order is to clarify and provide guidance on certain filings that need
to be made under this regulation.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 16451 et seq. (2006).
\2\ 18 CFR 366.4(a)(1) (2008).
\3\ Id. Sec. 366.3.
\4\ Id. Sec. 366.4(d).
---------------------------------------------------------------------------
2. The exemptions in question apply to a number of entities,
including certain passive investors and certain utility operating
companies, as well as to certain classes of transactions. Qualifying
entities or classes of transactions are exempt from the requirements
concerning access to books and records found at section 366.2, as well
as the accounting, record-retention, and reporting requirements of
sections 366.21, 366.22, and 366.23 of the Commission's regulations.\5\
To receive one or more of these exemptions, a person must file an
exemption notification with the Commission, i.e., FERC-65A. The
exemption is deemed granted if the Commission does not take action on
the notification within 60 days.\6\ Persons that do not qualify for an
exemption under the regulations may petition for a declaratory order
granting one.\7\
---------------------------------------------------------------------------
\5\ Id. Sec. 366.3(b).
\6\ Id. Sec. 366.4(b)(1).
\7\ Id. Sec. 366.4(b)(3); accord id. Sec. 366.3(d).
---------------------------------------------------------------------------
3. The waivers in question apply to holding companies that have
single-state holding company systems, as defined in section 366.3(c)(1)
of the Commission's regulations, as well as investors in independent
transmission-only companies and holding companies with 100 MW of
generation or less that is used for their own load or sales to
affiliated end users.\8\ Qualifying entities receive a waiver of the
accounting, record-retention, and reporting requirements found in
sections 366.21, 366.22 and 366.23 of the Commission's regulations.\9\
To receive one or more of these waivers, a person must file a waiver
notification with the Commission, i.e., FERC-65B. The waiver is deemed
granted if the Commission does not take action on the notification
within 60 days.\10\ Persons that do not qualify for a waiver under the
regulations may petition for a declaratory order granting one.\11\
---------------------------------------------------------------------------
\8\ Id. Sec. 366.3(c).
\9\ Id. Sec. 366.4(c).
\10\ Id. Sec. 366.4(c)(1).
\11\ Id. Sec. 366.4(c)(2); accord id. Sec. 366.3(d).
---------------------------------------------------------------------------
4. The Commission's regulations specify that if there is any
material change in facts that may affect an exemption or waiver of the
type described above, the person that received the exemption or waiver
must notify the Commission of the change within 30 days of the material
change. At that time the person must (i) submit a new FERC-65A, FERC-
65B, or petition for declaratory order; (ii) file a written explanation
why the material change in facts does not affect the exemption or
waiver; or (iii) notify the Commission that it no longer seeks to
maintain its exemption or waiver.\12\
---------------------------------------------------------------------------
\12\ Id. Sec. 366.4(d).
---------------------------------------------------------------------------
5. The Commission's regulations require only notification of those
material changes in facts that may affect an exemption or waiver, but
they do not otherwise state when a notification is required. The
Commission wishes to clarify one type of change in facts that should in
all cases be the subject of a notification. If a holding company that
has previously filed an exemption or waiver notification, i.e., FERC-
65A or FERC-65B, or that has received an exemption or waiver through a
declaratory order, becomes a holding company with respect to an
additional public-utility company or holding company of any public-
utility company (i.e., obtains the power to vote 10 percent or greater
of the voting securities of an additional company), that holding
company should file with the Commission a notification of material
change in facts that describes the additional public-utility company or
holding company of any public-utility company and otherwise complies
with the requirements of section 366.4(d)(1) of the Commission's
regulations by selecting one of the three possible courses of action
set forth in that section. This filing should be made whether or not a
change has occurred with respect to the basis on which the exemption or
waiver was granted.\13\ We
[[Page 71641]]
note that the FERC-65 filing requirements are intended, in part, to
serve an informational purpose,\14\ and the addition of a new
subsidiary company that is a public-utility company or holding company
of a public-utility company represents a material fact that should be
reported to the Commission.
---------------------------------------------------------------------------
\13\ For example, if a holding company received an exemption
from the PUHCA 2005 regulations on the basis of its status as a
passive investor of the type identified in 18 CFR 366.3(b)(2)(i), it
should notify the Commission whenever it acquires as a passive
investor interests in an additional public-utility company or
holding company that, upon acquisition, becomes a ``subsidiary
company,'' as defined in 18 CFR 366.1, of the passive investor. This
filing should be made even if the holding company continues to
qualify for an exemption as a passive investor.
\14\ Id. Sec. 366.4(a)(2).
---------------------------------------------------------------------------
6. Because not all holding companies may have been interpreting the
Commission's regulations to require such filings where the basis on
which their exemption or waiver was granted has not changed, and
because the Commission has not previously clarified this requirement
for notifications of material changes in fact, we will allow all such
companies to file within 45 days of the date of publication of this
order in the Federal Register a notification of change in material
facts which updates the Commission on any investments of 10 percent or
more of the voting securities of a public-utility company or holding
company of a public-utility company since the time the exemption or
waiver was granted. The Secretary is directed to publish a copy of this
order in the Federal Register.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E8-27985 Filed 11-24-08; 8:45 am]
BILLING CODE 6717-01-P
