Elizabethtown Energy, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization, 30068-30069 [E9-14789]

Download as PDF 30068 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices (EEI’s) request for clarification of Order No. 706–B.1 Specifically, the Commission denies EEI’s request that the Commission clarify its views with regard to the need and the time frame for the Commission’s developing a memorandum of understanding or other means of coordinating cyber-security related activities with the U.S. Nuclear Regulatory Commission (NRC). Likewise, the Commission denies EEI’s request that the Commission clarify that the North American Electric Reliability Corporation (NERC) must seek stakeholder input in developing and implementing an ‘‘exception process’’ as discussed in Order No. 706–B. I. Background 2. In Order No. 706, the Commission approved the Critical Infrastructure Protection (CIP) Reliability Standards that require certain users, owners and operators of the Bulk-Power System, including generator owners and operators, to comply with specific requirements to safeguard critical cyber assets. In addition, pursuant to section 215(d)(5) of the Federal Power Act (FPA),2 the Commission directed the ERO to develop modifications to the CIP Reliability Standards to address specific concerns identified by the Commission. 3. In Order No. 706–B, the Commission clarified the scope of the CIP Reliability Standards approved in Order No. 706 to assure that no ‘‘gap’’ occurs in the applicability of these Standards. In particular, each of the CIP Reliability Standards provides that facilities regulated by the NRC are exempt from the Standard. The Commission explained that NRC staff had raised a concern at a joint public meeting of the NRC and the Commission that NRC regulations do not extend to all equipment within a nuclear power plant. Thus, to assure that there is no ‘‘gap’’ in the regulatory process, the Commission clarified that the ‘‘balance of plant’’ equipment within a nuclear power plant in the United States that is not subject to NRC cyber security regulations,3 is subject to compliance with the CIP Reliability Standards approved in Order No. 706. The Commission explained that: a nuclear power plant licensee may seek an exception from the ERO to the extent that the 1 Mandatory Reliability Standards for Critical Infrastructure Protection, Order No. 706, 122 FERC ¶ 61,040 (2008) (Order No. 706); order on reh’g, Order No. 706–A, 123 FERC ¶ 61,174 (2008) (Order No. 706–A); order on clarification, Order No. 706– B, 126 FERC ¶ 61,229 (2009) (Order No. 706–B). 2 16 U.S.C. 824o(d)(5)(2006). 3 U.S. Nuclear Regulatory Commission, Power Reactor Security Requirements; Final Rule, 74 FR 13926 (Mar. 27, 2009). VerDate Nov<24>2008 16:46 Jun 23, 2009 Jkt 217001 licensee believes that specific equipment within the balance of plant is subject to NRC cyber security regulations. If the ERO grants the exception, that equipment within the balance of plant would not be subject to compliance with the CIP Reliability Standards. We would expect that the ERO would make such determinations with the consultation of NRC and oversight of Commission staff. Thus, to further the development of this ERO process, the ERO should consider the appropriateness of developing a memorandum of understanding with the NRC, or revising existing agreements, to address such matters as NRC staff consultation in the exception application process and sharing of Safeguard[s] Information.4 4. In response to comments suggesting that the NRC and the Commission develop a memorandum of understanding, the Commission agreed that it is advisable for the two commissions to coordinate their respective cyber security-related activities with regard to nuclear power plants.5 However, the Commission declined to resolve for purposes of the proceeding the need for a new memorandum of understanding between the two commissions. II. EEI Request for Clarification 5. EEI requests that the Commission clarify its views with respect to the need and the time frame for the Commission’s developing a memorandum of understanding or other means of coordinating cyber security-related activities with the NRC. EEI suggests that, given the volume of work on cyber security matters and recent regulatory changes such as the NRC’s issuance of its cyber security regulations, it is vital that the Commission and the NRC commit to develop a memorandum of understanding on an expeditious schedule. EEI expresses concern that the Commission’s deferral of a decision on the need for a memorandum of understanding may lead to confusion and regulatory uncertainty. 6. EEI also requests that the Commission clarify that NERC should seek stakeholder input in developing and implementing both the ‘‘exception process’’ and any process for sharing Safeguards Information. EEI posits that stakeholder input and industry 4 Id. P 50. Safeguards information is a special category of sensitive unclassified information to be protected pursuant to Section 147 of the Atomic Energy Act, 42 U.S.C. 2167 (2006). Safeguards information concerns the physical protection of operating power reactors, spent fuel shipments, strategic special nuclear material, or other radioactive material. See 10 CFR 73.21 (2009) (setting forth requirements for the protection of safeguards information, including access to such information). 5 Id. P 55. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 technical expertise will be critical to implementing both processes. III. Discussion 7. The Commission denies EEI’s request for clarification. The Commission and the NRC entered into a memorandum of agreement in September 2004.6 The Commission views the decision of whether to develop a new or revised memorandum of agreement with the NRC, and the timing of that decision, as an intragovernmental matter between the two commissions. Accordingly, the Commission will not make commitments to EEI or others in this proceeding regarding the scope or timing of any coordinated activities between the Commission and the NRC. 8. As for EEI’s request that the Commission clarify that NERC should seek stakeholder input in developing and implementing an exception process and process for sharing Safeguard Information, we note that NERC sought stakeholder input in a ‘‘Town Hall Meeting’’ on ‘‘Auditing of U.S. Nuclear Plants for CIP Standards Compliance’’ held on June 11, 2009. We expect that NERC will allow for further stakeholder input regarding these processes. Thus, we see no need to address EEI’s request. The Commission orders: Edison Electric Institute’s request for clarification is hereby denied, as discussed in the body of this order. By the Commission. Kimberly D. Bose, Secretary. [FR Doc. E9–14795 Filed 6–23–09; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER09–1286–000] Elizabethtown Energy, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization June 17, 2009. This is a supplemental notice in the above-referenced proceeding of Elizabethtown Energy, LLC’s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket 6 The memorandum of agreement is available on the Commission’s Web site, at https://www.ferc.gov/ legal/maj-ord-reg/mou.asp. E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices authorization, under 18 CFR Part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 16, 2009. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Kimberly D. Bose, Secretary. [FR Doc. E9–14789 Filed 6–23–09; 8:45 am] BILLING CODE 6717–01–P VerDate Nov<24>2008 16:46 Jun 23, 2009 Jkt 217001 30069 notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER09–1283–000] The Energy Cooperative of Pennsylvania, Inc.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization Kimberly D. Bose, Secretary. [FR Doc. E9–14786 Filed 6–23–09; 8:45 am] BILLING CODE 6717–01–P June 17, 2009. This is a supplemental notice in the above-referenced proceeding of The Energy Cooperative of Pennsylvania, Inc.’s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR Part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR Part 34, of future issuances of securities and assumptions of liability, is July 16, 2009. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER09–1285–000] Streator-Cayuga Ridge Wind Power LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization June 17, 2009. This is a supplemental notice in the above-referenced proceeding of StreatorCayuga Ridge Wind Power LLC’s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 16, 2009. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30068-30069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14789]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1286-000]

Elizabethtown Energy, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

June 17, 2009.
This is a supplemental notice in the above-referenced proceeding of
Elizabethtown Energy, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket

[[Page 30069]]

authorization, under 18 CFR Part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 16, 2009.
The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at https://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please email FERCOnlineSupport@ferc.gov.
or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14789 Filed 6-23-09; 8:45 am]
BILLING CODE 6717-01-P

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