Department of Energy May 2008 – Federal Register Recent Federal Regulation Documents
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Notice of Intent To Prepare a Programmatic Environmental Impact Statement To Evaluate Solar Energy Development, Develop and Implement Agency-Specific Programs, Conduct Public Scoping Meetings, Amend Relevant Agency Land Use Plans, and Provide Notice of Proposed Planning Criteria
In Executive Order 13212, Actions to Expedite Energy-Related Projects, the President ordered that executive departments and agencies take appropriate actions ``to expedite projects that will increase the production, transmission, or conservation of energy.'' In addition, Title II, Section 211, of the Energy Policy Act of 2005 (Pub. L. 109- 58) provides that the Secretary of the Interior (the Secretary) should, within 10 years of enactment of the Act, ``* * * seek to have approved non-hydropower renewable energy projects located on the public lands with a generation capacity of at least 10,000 megawatts of electricity.'' DOE and BLM (the Agencies) have identified utility-scale solar energy development as a potentially critical component in meeting these mandates. Utility-scale solar energy projects generate electricity that is distributed to consumers through the electric power transmission grid. The Agencies have determined that specific actions should be taken to further such energy development. The Agencies are considering the development and implementation of agency-specific programs that would establish environmental policies and mitigation strategies (e.g., best management practices and siting criteria) related to solar energy development in six western states (Arizona, California, Colorado, New Mexico, Nevada, and Utah). DOE proposes to develop a solar energy program of environmental policies and mitigation strategies that would apply to the deployment of DOE supported solar energy projects on BLM-administered lands or other Federal, State, tribal, or private lands. The BLM would establish its own environmental policies and mitigation strategies to use when making decisions on whether to issue rights-of-way for utility-scale solar energy development projects on public lands administered by the BLM. The Agencies have determined that a programmatic environmental impact statement (PEIS) under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) is appropriate for the establishment of specific agency-wide solar energy programs and additional related policy. The Agencies are issuing this Notice of Intent to inform the public about the proposed actions; announce plans to conduct eight public scoping meetings; invite public participation in the scoping process; and solicit public comments for consideration in establishing the scope and content of the PEIS, alternatives, and environmental issues and impacts. The Agencies will prepare the PEIS in accordance with NEPA; the Council on Environmental Quality regulations (40 CFR Parts 1500-1508); the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701, et seq.) DOE's NEPA regulations, 10 CFR Part 1021; and BLM's planning regulations, 43 CFR Part 1600.
Revised Public Utility Filing Requirements for Electric Quarterly Reports
In this notice, the Federal Energy Regulatory Commission (Commission) proposes to revise the EQR Data Dictionary to clarify the definition of Contract Commencement date. If adopted, this proposal will make reporting this information less burdensome and more accessible.
Modification of Interchange and Transmission Loading Relief Reliability Standards; and Electric Reliability Organization Interpretation of Specific Requirements of Four Reliability Standards
On April 21, 2008, the Commission issued a Notice of Proposed Rulemaking (NOPR) that proposes, inter alia, to approve interpretations of specific requirements of Commission-approved Reliability Standards submitted to the Commission for approval by the North American Electric Reliability Corporation (NERC). Pursuant to section 215 of the Federal Power Act (FPA), the Commission supplements the NOPR by proposing to approve NERC's modified interpretation of Reliability Standard BAL-005-0 (Automatic Generation Control), Requirement R17.
Office of International Regimes and Agreements; Proposed Subsequent Arrangement
This notice is being issued under the authority of Section 131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160). The Department is providing notice of a proposed ``subsequent arrangement'' under the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the United States and Argentina. This subsequent arrangement requests to downblend material subject to an earlier subsequent arrangementpublished in the Federal Register July 9, 2004 (69 FR 41460)to a different level than previously approved. Under the 2004 subsequent arrangement, Comision Nacional de Energia Atomica (CNEA) was approved to downblend material from 89.79% enriched into low-enriched uranium (LEU). Under a contract with DOE's Global Threat Reduction Initiative program, CNEA has submitted the attached request to downblend 304 g of that material to 58% weight of isotope U235 rather than to LEU as originally approved. The material will be fabricated into test plates in Argentina and sent to Idaho National Laboratory for testing and irradiation. The material will remain in the United States after irradiation. In accordance with Section 131 of the Atomic Energy Act of 1954, as amended, we have determined that this subsequent arrangement will not be inimical to the common defense and security. This subsequent arrangement will take effect no sooner than fifteen days after the date of publication of this notice.
Ex Parte Contacts and Separation of Functions
The Commission is proposing to revise its regulations to clarify its rules governing ex parte contacts and separation of functions as they apply to proceedings arising out of investigations initiated under Part 1b of the Commission's regulations. This proposal is intended to provide clearer guidance to both Commission litigation staff and persons outside the Commission in determining whether they may properly contact decisional employees once the Commission has established further proceedings on matters that had been investigated under Part 1b. The Commission also is proposing to clarify its regulations governing intervention to specify that intervention is not permitted as a matter of right in proceedings arising from Part 1b investigations.
Submissions to the Commission Upon Staff Intention to Seek an Order To Show Cause
The Commission is amending its regulations to expand and clarify the right of an entity to submit a written response to the Commission in the event staff intends to recommend that the Commission initiate a proceeding governed by 18 CFR Part 385, or make the entity a defendant in a civil action to be brought by the Commission. Subjects of investigations currently have the right under 18 CFR 1b.19 to be informed in the latter instance, but only in the event staff finds it appropriate and in the public interest. The amendment would grant that right, for both types of proceedings, in all cases except those in which extraordinary circumstances make prompt Commission review necessary to prevent detriment to the public interest or irreparable harm. The amendment also clarifies the timing requirements for such submissions. These changes codify current staff practice regarding recommendations for orders to show cause, and will allow subjects of investigations a fuller opportunity to present their positions to the Commission.
Demand Response in Organized Electric Markets
The Commission is providing an agenda for the technical conference to be held in this proceeding on May 21, 2008, from 9 a.m. to 4:30 p.m. (EST), and detailed information regarding attendance, internet access, and transcripts. This conference will provide a forum to consider issues related to demand response in organized electric markets, as discussed in the Commission's Notice of Proposed Rulemaking which was issued on March 8, 2008 in Commission Docket Nos. RM07-19-000 and AD07-7-000.
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