[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Notices]
[Page 11153-11154]
[DOCID:fr10mr10-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13614-000]

Free Flow Power Qualified Hydro 22, LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

March 1, 2010.
    On November 05, 2009, Free Flow Power Qualified Hydro 22, LLC (FFP
Qualified Hydro 22) filed an application for a preliminary permit,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Great Bend Hydroelectric Project No. 13614, to
be located at an existing partially breached dam at river mile

21.7, on the Black River, in Jefferson County, New York.
    The proposed project would consist of: (1) A new 19-foot-high by
272-foot-long concrete gravity dam; (2) a new 220-acre impoundment with
a normal water surface elevation of 609 feet mean sea level; (3) an new
54-foot-long by 74-foot-wide powerhouse to contain two new turbine-
generator units for a total installed capacity of 5.0 megawatts; (4) a
new 3.8-mile-long, 23-kilovolt transmission line; and (5) appurtenant
facilities. The proposed project would operate in a run-of-river mode
and generate an estimated average annual generation of 24,500 megawatt-
hours.
    FFP Qualified Hydro 22: Ramya Swaminathan, FFP Qualified Hydro 22,
LLC., 33 Commercial Street, Gloucester, MA 01930,<PHONE_NUMBER>.
    FERC Contact: Michael Watts,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``eFiling'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13614) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-4996 Filed 3-9-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60545-60547]
[FR Doc No: 2018-25731]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84629; File No. SR-NASDAQ-2018-095]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Nasdaq Rule 5615(b)(4) To Change the Threshold for Qualifying as a
Smaller Reporting Company To Qualify for Certain Exemptions From the
Compensation Committee Requirements

November 20, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 14, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Nasdaq Rule 5615(b)(4) to change the
threshold for listed companies that are eligible to benefit from the
exemptions from the Exchange's compensation committee requirements
applicable to smaller reporting companies so that all companies that
qualify for smaller reporting company status under the revised SEC
definition will qualify for the Exchange's exemptions.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend Rule 5615(b)(4)
to change the threshold for listed companies that are eligible to
benefit from the exemptions from the Exchange's compensation committee
requirements applicable to smaller reporting companies so that all
companies that qualify for smaller reporting company status under the
revised SEC definition will qualify for the Exchange's exemptions.
    The SEC recently adopted \3\ amendments to the definition of
``smaller reporting company'' set forth in Item 10(f)(1) of Regulation
S-K,\4\ Rule 12b-2 under the Act \5\ and Rule 405 under the Securities
Act of 1933.\6\ The amendments raise the smaller reporting company cap
from less than $75 million in public float to less than $250 million
and also include as smaller reporting companies issuers with less than
$100 million in annual revenues if they also have either no public
float or a public float that is less than $700 million. The amendments
became effective on September 10, 2018. As a result of the SEC rule
changes, an expanded number of registrants, and hence, of listed
companies, will qualify for smaller reporting company status than was
previously the case.\7\
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    \3\ See Release Nos. 33-10513 and 34-83550 (June 28, 2018); 83
FR 31992 (July 10, 2018) (the ``Adopting Release'').
    \4\ 17 CFR 229.10(f)(1).
    \5\ 17 CFR 240.12b-2.
    \6\ 17 CFR 230.405.
    \7\ See the Adopting Release.
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    Smaller reporting companies are entitled to avail themselves of
certain exemptions from Nasdaq's compensation committee
requirements.\8\

Rule 5615(b)(4) includes a provision describing the period within which
a company must comply with all applicable compensation committee
requirements after it ceases to be a smaller reporting company.\9\ This
provision currently states explicitly that a smaller reporting company
must have less than $75 million in public float. In light of the recent
changes to the SEC's rules with respect to smaller reporting companies,
the Exchange proposes to delete this reference to the $75 million
public float cap and revise the provision to state simply that a
smaller reporting company that fails to meet the requirements for
smaller reporting company status as of the last business day of its
second fiscal quarter (the Determination Date) will cease to be a
smaller reporting company as of the beginning of the following fiscal
year. The effect of the proposed rule change is to change the threshold
for listed companies that are eligible to benefit from the exemptions
from the Exchange's compensation committee requirements applicable to
smaller reporting companies so that all companies that qualify for
smaller reporting company status under the revised SEC definition will
qualify for the Exchange's exemptions.
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    \8\ Specifically, pursuant to Rule 5605(d)(5), a listed company
that satisfies the definition of smaller reporting company is not
required to comply with: (i) The additional requirements with
respect to the independence of compensation committee members set
forth in Rule 5605(d)(2)(A); (ii) the requirements with respect to
the specific compensation committee responsibilities and authority
set forth in Rule 5605(d)(3) and the requirement to include such
responsibilities and authority in its compensation committee charter
as set forth in Rule 5605(d)(1)(D); or (iii) the requirement with
respect to the compensation committee's responsibility to review and
reassess the adequacy of its compensation committee charter on an
annual basis. A listed smaller reporting company must comply with
all other applicable Exchange corporate governance requirements,
including all other applicable compensation committee requirements,
unless it qualifies for another exemption from those requirements.
    \9\ Under the SEC rules set forth above with respect to smaller
reporting companies, a company tests its status as a smaller
reporting company on an annual basis at the end of its most recently
completed second fiscal quarter (``Determination Date''). A smaller
reporting company ceases to be a smaller reporting company as of the
beginning of the fiscal year following the Determination Date
(``Start Date''). By six months from the Start Date, a company must
comply with Rule 5605(d)(3) and certify to Nasdaq that: (i) It has
complied with the requirement in Rule 5605(d)(1) to adopt a formal
written compensation committee charter including the content
specified in Rule 5605(d)(1)(A)- (D); and (ii) it has complied, or
within the applicable phase-in schedule will comply, with the
additional requirements in Rule 5605(d)(2)(A) regarding compensation
committee composition. A company shall be permitted to phase in its
compliance with the additional compensation committee eligibility
requirements of Rule 5605(d)(2)(A) relating to compensatory fees and
affiliation as follows: (i) One member must satisfy the requirements
by six months from the Start Date; (ii) a majority of members must
satisfy the requirements by nine months from the Start Date; and
(iii) all members must satisfy the requirements by one year from the
Start Date.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
Section 6(b) of the Act,\10\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\11\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    As noted above, the effect of the proposed rule change is to change
the threshold for listed companies that are eligible to benefit from
the exemptions from the Exchange's compensation committee requirements
applicable to smaller reporting companies so that all companies that
qualify for smaller reporting company status under the revised SEC
definition will qualify for the Exchange's exemptions. A listed smaller
reporting company must comply with all other applicable Exchange
corporate governance requirements, including all other applicable
compensation committee requirements, unless it qualifies for some other
exemption from those requirements. The Commission has already
determined through its own rulemaking that the revised thresholds for
smaller reporting company status proposed in this rule proposal are
consistent with the goal of the Act to further the protection of
investors and the public interest \12\ and the Exchange believes that
its own proposal is consistent with Section 6(b)(5) of the Act for the
same reasons. The Exchange also believes that the proposed rule change
fosters cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities because it conforms Rule
5615(b)(4) to a rule change made by the Commission.
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    \12\ See supra note 3.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. The proposed rule change will not impose
any burden on competition as its sole purpose is to change the
threshold for listed companies that are eligible to benefit from the
exemptions from the Exchange's compensation committee requirements
applicable to smaller reporting companies so that all companies that
qualify for smaller reporting company status under the revised SEC
definition will qualify for the Exchange's exemptions.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder. \15\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Exchange has
satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6)\16\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\17\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. In its filing with the
Commission, Nasdaq has asked the Commission to waive the 30-day
operative delay to make Nasdaq Rule 5615(b)(4) consistent with the
Commission's revised definition of smaller reporting company that
became effective on September 10, 2018. As such, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest and designates the
proposed rule change operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the

public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings under Section
19(b)(2)(B) \19\ of the Act to determine whether the proposed rule
change should be approved or disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2018-095 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2018-095. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2018-095, and should be submitted
on or before December 17, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25731 Filed 11-23-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Notices]
[Page 60808-60809]
[DOCID:fr19oc05-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EG06-2-000]

Leaning Juniper Wind Power, LLC; Notice of Application for
Commission Determination of Exempt Wholesale Generator Status

October 12, 2005.
    Take notice that on October 3, 2005, Leaning Juniper Wind Power,
LLC (Leaning Juniper) tendered for filing with the Commission an
application for determination of exempt wholesale generator status
pursuant to part 365 of the Commission's regulations.
    Leaning Juniper states that it is an Oregon limited liability
company, and that it will be engaged directly and exclusively in the
business of owning all or part of one or more eligible facilities, and
selling electric energy at wholesale.
    Leaning Juniper states that it has served a copy of the filing on
the Securities and Exchange Commission, the California Public Utilities
Commission, the Oregon Public Utilities Commission, the Washington
Utilities and Transportation Commission, the Utah Public Service
Commission, the Idaho Public Utilities Commission, and the Wyoming
Public Service Commission.
    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, 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 and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, D.C. 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 docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on October 24, 2005.

Magalie R. Salas,
Secretary. Docket No. EG06-2-000 -2-
 [FR Doc. E5-5760 Filed 10-18-05; 8:45 am]

BILLING CODE 6717-01-P