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

    \230\ NOPR, FERC Stats. & Regs. ] 32,630 at P 33.
    \231\ Id.
---------------------------------------------------------------------------

    117. We grant EEI's request and provide confirmation for purposes
of compliance with the Internet posting requirements under the
Standards of Conduct that it is acceptable to post information on a
publicly accessible portion of OASIS that can be reached from a
transmission provider's Web site by Internet link. As we noted in Order
No. 717, some transmission owners who are members of RTOs or ISOs may
not have their own OASIS \232\ and this clarification ensures that
information will be accessible to all interested entities.
---------------------------------------------------------------------------

    \232\ Order No. 717, FERC Stats. & Regs. ] 31,280 at P 247.
---------------------------------------------------------------------------

    118. The Commission denies NGSA's request to adopt the discount
posting provisions in the Standards of Conduct as proposed in the NOPR.
Posting no later than the first nomination is consistent with how all
other shippers are treated and provides the necessary transparency.
    119. We deny NGSA's request to require that the waiver posting
requirement apply to all waivers granted and not only those granted to
an affiliate. Section 284.13(b)(1)(viii) already requires posting of
all instances where a transportation contract deviates from the
pipeline's tariff, and the Standards of Conduct are not intended to be
duplicative of the panoply of pipeline-specific posting requirements.
Rather, the gravamen of the abuse targeted by the Standards is undue
preference to affiliates. And, as Order No. 717 stated, a blanket
requirement to post all waivers and exercises of discretion goes beyond
what is needed to alert customers and others to possible acts of undue
discrimination or preferences in favor of an affiliate.\233\
Furthermore, we note that if a tariff does not permit a particular
waiver, a pipeline must come to the Commission to request a waiver,
which would provide notice of the request. If the tariff gives the
pipeline discretion to waive provisions, then the Commission would have
already considered whether notice was necessary for that particular
waiver provision after the pipeline first proposed such tariff
language. In many cases such tariff provisions require the pipeline to
provide some sort of notice. Because NGSA has not shown a need for a
blanket posting requirement applicable to all tariff waivers granted to

non-affiliates, we decline to grant NGSA's request for rehearing.\234\
---------------------------------------------------------------------------

    \233\ Id. P 214.
    \234\ See, e.g., Norstar Operating LLC. v. Columbia Gas
Transmission Corp., 118 FERC ] 61,221, at P 147 (2007) (tariff
requires posting of waiver of gas quality provision).
---------------------------------------------------------------------------

    120. The Commission denies NGSA's request to adopt a rule of thumb
whereby a pipeline would post individual acts of discretion that are
not generic in application, which are not available to all shippers and
that cannot be denied when requested. As we stated in support of our
determination in Order No. 717, an act of discretion occurs when the
specific tariff provision involves an exercise of judgment on the part
of the transmission provider, e.g., which type of credit is acceptable.
When a pipeline submits a specific tariff provision that allows the
pipeline to exercise discretion to the Commission for review and
approval, the pipeline also serves copies of the filing on its
customers. The Commission also provides notice of the filing and the
opportunity for comments, as such, the Commission considers customers
to have had notice that the pipeline could exercise discretion under
that particular tariff provision. Transmission providers exercise their
discretion and make judgment calls on an ongoing basis and recording
all of these matters would place a substantial administrative burden on
them when the customers have already had notice that the pipeline can
exercise such discretion for a specific tariff provision.\235\
Furthermore, audits would reveal acts of discriminatory discounting.
---------------------------------------------------------------------------

    \235\ Order No. 717, FERC Stats. & Regs. ] 31,280 at P 216.
---------------------------------------------------------------------------

    121. The Commission denies NGSA's request for clarification that
marketing function employees be required to report any disclosure of
non-public transmission function information to the transmission
provider. The No Conduit Rule will continue to prohibit a transmission
provider from using anyone as a conduit for disclosure of non-public
transmission function information to a marketing function employee
including an employee, contractor, consultant or agent of an affiliate
of a transmission provider that is engaged in marketing functions. As
we stated in Order No. 717, we eliminated the prohibition in proposed
section 358.6(a)(2), which would have prohibited marketing function
employees from receiving non-public transmission function information
from any source because of the difficulties in determining whether a
marketing function employee may have willingly and knowingly or
inadvertently received such information.\236\ However, we reiterate, as
we said in Order No. 717, that ``if a transmission provider uses anyone
as a conduit for improper disclosures, such an event would be
considered an improper disclosure and should be posted.'' \237\ We also
noted in Order No. 717 in discussing Standards of Conduct training that
transmission function employees and marketing function employees are
the two core categories of employees that should be most cognizant of
the rules. Although we deleted the prohibition against marketing
function employees receiving transmission function information due to
the possibility such receipt could be inadvertent, ``it is expected
that if someone attempted to pass such information to a marketing
function employee, the marketing function employee would not only
refuse it but would report the individual to the company's chief
compliance officer or other appropriate individual.'' \238\
---------------------------------------------------------------------------

    \236\ Id. P 200-01.
    \237\ Id. P 236.
    \238\ Id. P 306.
---------------------------------------------------------------------------

    122. The Commission denies TAPS' request that we require
transmission providers to identify their marketing function employees
by name, job title and description, and position in the chain of
command on their Web sites. Specifically, we find no basis for TAPS'
contention that names of marketing function employees and their
position in the chain of command are necessary for either monitoring a
transmission provider's compliance with the Independent Functioning
Rule or facilitating employee compliance with the No Conduit Rule.
Based on our past experience, we find that a listing of job title and
description is sufficient for Standards of Conduct compliance.
Furthermore, any benefit that would result from a listing of names and
an explanation of the chain of command would be marginal at best.
    123. We grant EEI's clarification request with regard to posting of
names of transmission function employees on the Internet. We clarify
that transmission providers are not required to post the names of
transmission function employees on the Internet. Order No. 717
incorrectly mentioned ``names'' in explaining the requirement in Sec.
358.7(f)(1) in P 246.
    124. We will also grant EEI's request and clarify that a
``functional unit'' of a transmission provider that performs marketing
functions is not required to keep its books separately from those of
the transmission provider. However, we note that the No Conduit Rule
prohibits a transmission provider from allowing non-public transmission
function information to be disclosed to marketing function employees
through a joint set of books and records.
    125. The Commission denies National Fuel's request to revise Sec.
358.7(b) to encompass communications related to transportation
agreements and those concerning requests for interconnections and new
infrastructure. However, we clarify that the transaction specific
exemption is not limited to communications concerning requests for
transmission service. The transaction specific exemption includes
communications related to transportation agreements, specific
interconnections and new infrastructure needed for the specific
request.

E. Other Definitions--Transmission Function Information

    126. EEI seeks clarification that information needed to make
economic decisions affecting generation dispatch, such as unit
commitment, purchase and sale decisions, should not be classified as
non-public transmission function information and is thus not subject to
the recordation requirement in 18 CFR 358.7(h).\239\ Western Utilities
agrees with EEI's contention that information related to generation
dispatch should not be considered non-public transmission function
information.\240\ Western Utilities argues that this exception should
be expanded to include unit commitment.
---------------------------------------------------------------------------

    \239\ EEI at 1-2.
    \240\ Western Utilities at 12. See also EEI at 6.
---------------------------------------------------------------------------

    127. EEI notes that the regulatory text adopted by Order No. 717
provides that ``a transmission provider's transmission function
employees and marketing function employees may exchange certain non-
public transmission function information * * * in which case the
transmission provider must make and retain a contemporaneous record of
all such exchanges except in emergency circumstances'' and therefore by
its terms applies only to exchanges of non-public transmission function
information.\241\ EEI further states that the types of information that
may be exchanged subject to this recordation process include
``[i]nformation necessary to maintain or restore operation of the
transmission system or generating units, or that may affect the
dispatch of generating units.'' \242\ EEI notes that the confusion
surrounds whether the new exclusion, and its recordation process, is
intended to apply to all information used in

generation dispatch.\243\ EEI requests clarification concerning whether
information about a company's own generation and load, such as the type
of information discussed in Indianapolis Power & Light Co., 90 FERC ]
61,174 at 61, 575-76 and Indianapolis Power & Light Co., 92 FERC ]
61,002 at 61,003, may be provided to marketing function employees
without being subject to the recordation requirement.\244\
---------------------------------------------------------------------------

    \241\ EEI at 5 (citing 18 CFR 358.7(h)(1)).
    \242\ Id. (citing 18 CFR 358.7(h)(2)).
    \243\ Id. at 5.
    \244\ Id. at 6.
---------------------------------------------------------------------------

    128. EEI also requests clarification that the other categories of
information identified in Sec.  358.7(h)(2)--i.e., information
pertaining to compliance with Reliability Standards and information
necessary to maintain or restore operation of the transmission system
or generating units--are not per se deemed transmission function
information subject to the recordation requirement.\245\ Western
Utilities also requests clarification of this subsection, arguing that
Sec.  358.7(h)(2)(i) creates two types of information subject to the
exclusion, information pertaining to compliance with Reliability
Standards as well as information necessary to maintain or restore
operations.\246\ Similarly, MidAmerican requests that the Commission
clarify that not all information involving reliability and generation
dispatch is non-public transmission function information.\247\ For
example, MidAmerican notes that while unit economics or rail outage may
affect the dispatch of generating units, this type of information does
not fall within the scope of non-public transmission function
information.\248\
---------------------------------------------------------------------------

    \245\ Id.
    \246\ Western Utilities at 8.
    \247\ MidAmerican at 16.
    \248\ MidAmerican at 16-17.
---------------------------------------------------------------------------

    129. EEI also requests further specificity on the content required
for records for purposes of ensuring compliance with the recordation
requirement.\249\ EEI believes that a record of the names of employees
participating, the date, time, duration, and subject matters discussed
should be sufficient and asks the Commission to confirm this
interpretation.\250\
---------------------------------------------------------------------------

    \249\ EEI at 6.
    \250\ Id.
---------------------------------------------------------------------------

    130. EEI requests clarification regarding the treatment of
information that is not close in time to current day-to-day
transmission operations.\251\ Specifically, EEI requests clarification
as to (i) whether information that was transmission function
information in real-time is no longer transmission function information
when the events in question have passed, and if so, how much time
should pass before information is no longer regarded as transmission
function information, and (ii) whether information about future
occurrences, such as a transmission outage planned thirteen months in
the future, is transmission function information, and again, where the
line is drawn.\252\
---------------------------------------------------------------------------

    \251\ Id. at 16.
    \252\ Id.
---------------------------------------------------------------------------

Commission Determination
    131. We clarify for EEI that certain types of information about a
company's own generation, load, and generation dispatch are not subject
to the recordation requirement in Sec.  358.7(h). Section 358.3(j)
defines ``transmission function information'' as ``information relating
to transmission functions.'' Section 358.3(h) defines ``transmission
function'' as ``the planning, directing, organizing, or carrying out of
day-to-day transmission operations, including the granting and denying
of transmission service requests.'' To the extent that information
concerning a company's own generation, load, and generation dispatch is
not ``transmission function information'' as defined in Sec.  358.3(j),
then this information may be provided to marketing function employees
without being subject to the recordation requirement.
    132. We grant EEI's clarification request and clarify that the
other categories of information identified in Sec.  358.7(h)(2) are not
per se transmission function information subject to the recordation
requirement, but could be if the information falls within the
definition of transmission function information in Sec.  358.3. In
response to EEI and Western Utilities, we also clarify that information
related to unit commitment is not ``non-public transmission function
information'' per se. However, should transmission function employees
inadvertently provide ``non-public transmission function information''
to the marketing function employees, as transmission function employees
work with marketing function employees to develop the unit commitment
and dispatch plan, we remind transmission providers that Sec.  358.7(h)
would require recordation of this inadvertent disclosure.
    133. In response to Western Utilities' request regarding
information subject to the exclusion in Sec.  358.7(h)(2), we clarify
that the ``and'' is intended to mean that there are two types of
information subject to the exclusion. The regulatory text in Sec.
358.7(h)(2) is simply a list.
    134. We grant EEI's request for more specificity on the content
required for records for purposes of ensuring compliance with the
recordation requirement. We agree that names, date, time, duration, and
subject matter are sufficient content for purposes of the records. When
recording the subject matter, transmission providers should record
details that are clear enough to allow the Commission to determine what
non-public information was exchanged and why this exchange of
information was necessary.
    135. We grant EEI's clarification request in part and deny it in
part regarding the treatment of information that is not close in time
to current day-to-day transmission operations, whether the events are
past or future. Given the differences in how various entities operate,
we decline to create a general rule regarding the staleness of non-
public transmission function information. Individual waivers may be
sought from the Commission for those instances in which an entity
desires to share non-public transmission function information otherwise
prohibited by the Standards of Conduct. However, we clarify that
information about a planned transmission outage is always transmission
function information no matter how far in the future the planned
transmission outage will occur.
    136. The Commission clarifies that not all generation dispatch and
reliability information is non-public transmission function
information. MidAmerican states that unit economics or rail outage may
affect the dispatch of generating units, but that this type of
information does not fall within the scope of non-public transmission
function information. We agree with its statement and so clarify.

F. Training Requirements

    137. EEI states that if read literally, the training requirements
could suggest that all supervisory employees within the company require
training. EEI requests clarification as to whether the training
requirements apply to all supervisory employees within the company or
just those supervisors who are likely to become privy to transmission
function information themselves or who supervise the other employees
subject to the Standards.\253\
---------------------------------------------------------------------------

    \253\ EEI at 16.
---------------------------------------------------------------------------

    138. MidAmerican believes that the requirements in Sec.
358.8(b)(2) are adequate to ensure that employees with the greatest
potential to provide undue preference to marketing function personnel
have received information and training on the Standards. MidAmerican
argues that Sec.  358.8(b)(1) is unnecessary and inconsistent with

Sec.  358.8(2).\254\ MidAmerican states that by using the term
``affiliates'' in Sec.  358.8(b)(1), the Commission appears to be
requiring transmission providers to somehow provide Standards
information to all of their affiliates' employees, including,
potentially, non-energy companies, foreign companies and companies that
would not have any understanding of the Commission.\255\ MidAmerican
also argues that this obligation is inconsistent with Sec.
358.8(b)(2), which limits the distribution of written procedures to
transmission provider employees likely to become privy to transmission
function information.\256\
---------------------------------------------------------------------------

    \254\ MidAmerican at 13-14.
    \255\ Id. at 13.
    \256\ Id.
---------------------------------------------------------------------------

    139. Western Utilities claims that the Commission's explanation of
how often employees must be trained conflicts with Sec.  358.8(c)(1).
In Order No. 717, the Commission stated the following:

    Furthermore, it is not necessary for the transmission provider
to track annual dates for each employee; if the transmission
provider prefers, it may train all its employees, or all its
employees in a given category, at a certain time each year. New
employees, after their initial training, can be fit within this
schedule. However, the employee should not go longer than a year
without participating in training.\257\
---------------------------------------------------------------------------

    \257\ Order No. 717, FERC Stats. & Regs. ] 31,280 at P 309
(emphasis added).

    However, Sec.  358.8(c)(1) provides that a transmission provider
``must provide annual training.'' Western Utilities requests that the
Commission clarify that ``a year'' refers to a calendar year, not 365
days.\258\ Western Utilities contends that if training must occur every
365 days, each new employee will need to be on an individual schedule
rather than simply fitting into the company's regular training
schedule.
---------------------------------------------------------------------------

    \258\ Western Utilities at 14.
---------------------------------------------------------------------------

Commission Determination
    140. The Commission grants clarification regarding which
supervisory employees are subject to the training requirements. In
Order No. 717, we stated that there is a clear need for officers,
directors, and supervisory employees to have an understanding of the
Standards since they will ``be in a position to interact with both
transmission function employees and marketing function employees, or be
responsible for responding to any questions or concerns about the
Standards from the employees who report to them.'' \259\ We clarify in
response to EEI that the training requirement applies to supervisory
employees who supervise other employees subject to the Standards or who
may come in contact with non-public transmission function information.
---------------------------------------------------------------------------

    \259\ Order No. 717, FERC Stats. & Regs. ] 31,280 at P 307.
---------------------------------------------------------------------------

    141. The Commission disagrees with MidAmerican that Sec.
358.8(b)(1) is unnecessary and inconsistent with Sec.  358.8(b)(2) and
denies its request to delete Sec.  358.8(b)(1). Section 358.8(b)(1) is
a general requirement that a transmission provider have measures in
place to ensure that the Independent Functioning Rule and the No
Conduit Rule are observed by its employees and those of its affiliates.
While the number of employees subject to the Independent Functioning
Rule may be smaller, the No Conduit Rule prohibits a transmission
provider from using anyone as a conduit. Therefore, a transmission
provider must have measures in place to ensure that these requirements
are followed. It is up to the transmission provider to design and
implement those measures. However, in Sec.  358.8(b)(2) we specifically
require that transmission providers distribute written procedures to
those employees likely to become privy to transmission function
information.
    142. We clarify in response to Western Utilities that we intended
``a year'' to mean a calendar year and not ``365 days'' in our
explanation of how often employees must be trained in Order No. 717.

G. Miscellaneous Matters

    143. EEI notes that Sec.  358.2(d) uses the term ``transmission
function customers'' and recommends that this undefined term be changed
to ``transmission customers.'' \260\
---------------------------------------------------------------------------

    \260\ EEI at 18.
---------------------------------------------------------------------------

    144. EEI requests clarification that the NAESB requirements that
have been rendered obsolete by Order No. 717 may be disregarded.\261\
Specifically, EEI refers to Business Practices for OASIS Standards and
Communication Protocols (WEQ-002), which provides requirements for
posting on OASIS links to information that was required by the pre-
Order No. 717 Standards, but is no longer required, such as
organizational charts.\262\
---------------------------------------------------------------------------

    \261\ Id. at 17.
    \262\ Id.
---------------------------------------------------------------------------

    145. EPSA requests clarification on whether generators scheduling
transmission through an RTO or ISO must adhere to the posting
requirements of the Independent Functioning Rule under Sec.
358.1.\263\ EPSA asserts that the waiver found in Sec.  358.1(c) of the
Commission's regulations applies, on its face, only to wholesale
transmission providers.\264\ EPSA states that while transmission
providers may file for a waiver of the Standards of Conduct if they
belong to a Commission-approved ISO or RTO, it is not clear whether an
affiliated wholesale generator would still be subject to the posting
requirements of the Independent Functioning Rule if it is scheduled
through an RTO.\265\
---------------------------------------------------------------------------

    \263\ EPSA at 1-2.
    \264\ Id. at 2.
    \265\ Id.
---------------------------------------------------------------------------

    146. Southwest Gas contends that the phrase ``by a local
distribution company'' contained within Sec.  358.3(c)(2)(v) does not
reflect clearly the fact that the exemption from marketing function
includes those LDCs that operate across state lines under NGA section
7(f).\266\ Southwest Gas argues that while these companies are natural
gas companies under the NGA, they function as LDCs and there is no
evidence of affiliate abuse by NGA section 7(f) companies.\267\
Southwest Gas requests revision of the regulatory text of Sec.
358.3(c)(2)(v) to include NGA section 7(f) companies.
---------------------------------------------------------------------------

    \266\ Southwest Gas at 12.
    \267\ Id.
---------------------------------------------------------------------------

Commission Determination
    147. We grant the clarification request by EEI in regards to
changing the term ``transmission function customers'' in Sec.  358.2(d)
and change the term to ``transmission customers.''
    148. We grant the clarification request of EEI regarding compliance
with the NAESB Business Practice Standards to note that, as stated in a
NOPR issued earlier this year,\268\ the Commission will not require
public utilities to comply with the NAESB Business Practice Standards
incorporated by reference by the Commission that require information to
be posted in a manner inconsistent with Order No. 717 until such time
as the Commission issues a new standard conforming to the changes in
Order No. 717. While the NOPR made this determination for the
requirements of WEQ-001-13.1.2, version 1.5, we note that the same is
true for all aspects of the NAESB Business Practice Standards that are
inconsistent with Order No. 717's posting requirements. We understand
that NAESB is working on making appropriate revisions.
---------------------------------------------------------------------------

    \268\ Standards for Business Practices and Communication
Protocols for Public Utilities, FERC Stats. & Regs. ] 32,640, at P
16 (2009).
---------------------------------------------------------------------------

    149. We deny EPSA's request for clarification concerning whether a
wholesale generator scheduling transportation transactions with an RTO
is obligated by the posting requirements

of the Independent Functioning Rule. We note that the Independent
Functioning Rule in Sec.  358.5 no longer contains posting
requirements. For this reason, we find that EPSA's request for
clarification has been rendered moot.
    150. The Commission grants the clarification request by Southwest
Gas to include NGA section 7(f) companies within the LDC exemption, and
will revise the regulatory text of Sec.  358.3(c)(2)(v) to read, ``On-
system sales by an intrastate natural gas pipeline, by a Hinshaw
interstate pipeline exempt from the Natural Gas Act, by a local
distribution company, or by a local distribution company operating
under section 7(f) of the Natural Gas Act.'' \269\ While section 7(f)
companies are natural gas companies under the NGA, they function as
LDCs and should be treated the same as LDCs for purposes of the LDC
exemption under the Standards of Conduct.
---------------------------------------------------------------------------

    \269\ The change to the regulatory language moving ``on-system
sale'' to the beginning of section 358.3(c)(2)(v) is discussed
supra.
---------------------------------------------------------------------------

IV. Document Availability

    151. In addition to publishing the full text of this document in
the Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    152. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    153. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>
V. Effective Date

    154. Changes to Order No. 717 adopted in this order on rehearing
and clarification are effective November 23, 2009.

List of Subjects in 18 CFR Part 358

    Electric power plants, Electric utilities, Natural gas, Reporting
and recordkeeping requirements.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

0
In consideration of the foregoing, the Commission amends Part 358,
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 358--STANDARDS OF CONDUCT

0
1. The authority citation continues to read as follows:

    Authority:  15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791-825r,
2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.

0
2. Section 358.2 is revised to read as follows:

Sec.  358.2  General principles.

    (a) As more fully described and implemented in subsequent sections
of this part, a transmission provider must treat all transmission
customers, affiliated and non-affiliated, on a not unduly
discriminatory basis, and must not make or grant any undue preference
or advantage to any person or subject any person to any undue prejudice
or disadvantage with respect to any transportation of natural gas or
transmission of electric energy in interstate commerce, or with respect
to the wholesale sale of natural gas or of electric energy in
interstate commerce.
    (b) As more fully described and implemented in subsequent sections
of this part, a transmission provider's transmission function employees
must function independently from its marketing function employees,
except as permitted in this part or otherwise permitted by Commission
order.
    (c) As more fully described and implemented in subsequent sections
of this part, a transmission provider and its employees, contractors,
consultants and agents are prohibited from disclosing, or using a
conduit to disclose, non-public transmission function information to
the transmission provider's marketing function employees.
    (d) As more fully described and implemented in subsequent sections
of this part, a transmission provider must provide equal access to non-
public transmission function information disclosed to marketing
function employees to all its transmission customers, affiliated and
non-affiliated, except as permitted in this part or otherwise permitted
by Commission order.

0
3. In Sec.  358.3, paragraph (c)(2)(v) is revised to read as follows:

Sec.  358.3  Definitions.

* * * * *
    (c) * * *
    (2) * * *
    (v) On-system sales by an intrastate natural gas pipeline, by a
Hinshaw interstate pipeline exempt from the Natural Gas Act, by a local
distribution company, or by a local distribution company operating
under section 7(f) of the Natural Gas Act.
* * * * *
[FR Doc. E9-25252 Filed 10-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30937-30939]
[FR Doc No: 2013-12277]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0015]

National Advisory Committee on Occupational Safety and Health
(NACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Announcement of a meeting of NACOSH.

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

SUMMARY: NACOSH will meet June 11, 2013 in Washington, DC.

DATES: NACOSH meeting: NACOSH will meet from 1 p.m. to 5 p.m. e.t.,
Tuesday, June 11, 2013.
    Comments, requests to speak, speaker presentations, and requests
for special accommodation: You must submit (postmark, send, transmit)
comments, requests to address NACOSH, speaker presentations (written or
electronic), and requests for special accommodations for the NACOSH
meeting by June 4, 2013.

ADDRESSES: NACOSH meeting: The NACOSH meeting will be in Room C-5320-6,
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC
20210.
    Submission of comments, requests to speak, and speaker
presentations: You may submit comments, requests to speak at the NACOSH
meeting and speaker presentations, using one of the following methods:
    Electronically: You may submit materials, including attachments,
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions on that Web page for making
submissions;
    Facsimile: If your submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648; or
    Regular mail, express mail, hand delivery, or messenger/courier
service: You may submit your materials to the OSHA Docket Office,
Docket No. OSHA-2013-0015, Room N-2625, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>
(OSHA TTY<PHONE_NUMBER>). OSHA's Docket Office accepts deliveries
(hand deliveries, express mail, and messenger service) during normal
business hours, 8:15 a.m. to 4:45 p.m., e.t., weekdays.
    Requests for special accommodation: Please submit requests for
special accommodations to attend the NACOSH meeting to Ms. Frances
Owens, OSHA,

Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>
(OSHA TTY<PHONE_NUMBER>); email<EMAIL_ADDRESS>    Instructions: Your submissions must include the Agency name and
docket number for this Federal Register notice (Docket No. OSHA-2013-
0015). Due to security-related procedures, submission by regular mail
may experience significant delays. Please contact the OSHA Docket
Office for information about security procedures for making
submissions. For additional information on submitting comments,
requests to speak and speaker presentations see the SUPPLEMENTARY
INFORMATION section of this notice.
    OSHA will post comments, requests to speak, and speaker
presentations, including any personal information you provide, without
change, at http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as Social Security numbers
and birthdates.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, U.S. Department of Labor, Room N-3647, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    For general information about NACOSH and NACOSH meetings: Ms.
Elizabeth Grossman, Director, OSHA Office of Evaluation and Audit
Analysis, Directorate of Evaluation and Analysis, U.S. Department of
Labor, Room N-3641, 200 Constitution Avenue NW., Washington, DC 20210;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

NACOSH Meeting

    NACOSH will meet June 11, 2013, in Washington, DC. Some NACOSH
members will participate in the meeting electronically. The NACOSH
meeting is open to the public.
    Section 7(a) of the Occupational Safety and Health Act of 1970 (OSH
Act) (29 U.S.C. 651, 656) authorizes NACOSH to advise the Secretary of
Labor and the Secretary of Health and Human Services on matters
relating to the administration of the OSH Act. NACOSH is a continuing
advisory body and operates in compliance with the OSH Act, the Federal
Advisory Committee Act (5 U.S.C. App. 2), and regulations issued
pursuant to those laws (29 CFR Part 1912a, 41 CFR Part 102-3).
    The focus of this NACOSH meeting will be occupational safety and
health issues that temporary workers face. The tentative agenda for the
NACOSH meeting includes:
    [ssquf] Remarks from the Assistant Secretary of Labor for
Occupational Safety and Health (OSHA);
    [ssquf] Remarks from the Director of the National Institute of
Occupational Safety and Health (NIOSH);
    [ssquf] NACOSH discussion of and recommendations on occupational
safety and health issues related to temporary workers; and
    [ssquf] Public comments.
    OSHA transcribes NACOSH meetings and prepares detailed minutes of
NACOSH meetings. OSHA places the meeting transcripts and minutes in the
public docket for the meeting. The docket also includes speaker
presentations, comments, and other materials submitted to NACOSH.

Public Participation, Submissions, and Access to Public Record

    NACOSH meeting: All NACOSH meetings are open to the public.
Individuals attending NACOSH meetings at the U.S. Department of Labor
must enter the building at the Visitors' Entrance at 3rd and C Streets
NW., and pass through building security. Attendees must have valid
government-issued photo identification (e.g., driver's license) to
enter the building. For additional information about building security
measures for attending the NACOSH meeting, please contact Ms. Owens
(see ADDRESSES section).
    Individuals needing special accommodation to attend the NACOSH
meeting also should contact Ms. Owens.
    Submission of comments: You may submit comments using one of the
methods listed in the ADDRESSES section. Your submission must include
the Agency name and docket number for this NACOSH meeting (Docket No.
OSHA-2013-0015). OSHA will provide copies of submissions to NACOSH
members.
    Because of security-related procedures, submissions by regular mail
may experience significant delays. For information about security
procedures for submitting materials by hand delivery, express mail, and
messenger or courier service, please contact the OSHA Docket Office
(see ADDRESSES section).
    Requests to speak and speaker presentations: If you want to address
NACOSH at the meeting you must submit your request to speak, as well as
any written or electronic presentation, by June 4, 2013, using one of
the methods listed in the ADDRESSES section. Your request must state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of the presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2010 and other Microsoft Office 2010
formats. The NACOSH Chair may grant requests to address NACOSH as time
and circumstances permit.
    Public docket of the NACOSH meeting: OSHA places comments, requests
to speak and speaker presentations, including any personal information
you provide, in the public record of this NACOSH meeting without
change, and those documents may be available online at http://www.regulations.gov. Therefore, OSHA cautions you about submitting
certain personal information such as Social Security numbers and
birthdates.
    OSHA also places in the public docket the meeting transcript,
meeting minutes, documents presented at the NACOSH meeting, and other
documents pertaining to the NACOSH meeting. These documents are
available online at http://www.regulations.gov. Access to the public
record of NACOSH meetings: To read or download documents in the public
docket of this NACOSH meeting, go to Docket No. OSHA-2013-0015 at
http://www.regulations.gov. The http://www.regulations.gov index lists
all documents in the public record for this meeting; however, some
documents (e.g., copyrighted materials) are not publicly available
through that Web page. All documents in the public record, including
materials not available through http://www.regulations.gov, are
available for inspection and copying in the OSHA Docket Office (see
ADDRESSES section). Please contact the OSHA Docket Office for
assistance in making submissions to, or obtaining materials from, the
public docket.
    Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This notice, as well as news releases and
other relevant information, are also available on the OSHA Web page at
http://www.osha.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice under the authority granted by Section 7 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 656), the Federal

Advisory Committee Act (5 U.S.C. App. 2); 29 CFR Part 1912a; 41 CFR
Part 102-3; and Secretary of Labor's Order No. 1-2012 (77 FR 3912 (1/
25/2012)).

    Signed at Washington, DC, on May 17, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-12277 Filed 5-22-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: November 24, 2009 (Volume 74, Number 225)]
[Notices]
[Page 61340-61341]
[DOCID:fr24no09-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

November 16, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-137-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Eastern Shore Natural Gas Company submits Seventieth
Revised Sheet No. 7 et al to its FERC Gas tariff, Second Revised Volume
No. 1, to be effective 11/1/09.
    Filed Date: 11/12/2009.
    Accession Number: 20091113-0139.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: RP10-138-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits Eleventh Revised
Sheet No. 99 to FERC Gas Tariff, Third Revised Volume No. 1, to be
effective 11/12/09.
    Filed Date: 11/12/2009.
    Accession Number: 20091113-0140.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: RP10-139-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits Substitute
Original Sheet No. 77 to FERC Gas Tariff, Third Revised Volume No. 1.
    Filed Date: 11/12/2009.
    Accession Number: 20091113-0141.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: RP10-140-000.
    Applicants: Freebird Gas Storage, LLC.
    Description: Freebird Gas Storage, LLC submits First Revised Sheet
100 et al to FERC Gas Tariff, First Revised Volume 1, to be effective
12/1/09.
    Filed Date: 11/12/2009.
    Accession Number: 20091113-0102.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: RP10-141-000.
    Applicants: T.W. Phillips Pipeline Corporation.
    Description: TW Phillips Pipeline Corp submits Original Sheet 1 et
al to FERC Gas Tariff, Original Volume 1, to be effective 1/1/10.
    Filed Date: 11/12/2009.
    Accession Number: 20091113-0101.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: RP10-142-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits Tenth Revised
Sheet 8A et al to FERC Gas Tariff, Second Revised Volume 1, to be
effective 11/12/09.
    Filed Date: 11/12/2009.
    Accession Number: 20091113-0149.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: RP10-142-001.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits Seventh Revised
Sheet 8 et al FERC Gas Tariff, Second Revised Volume 1, to be effective
11/12/09.
    Filed Date: 11/13/2009.
    Accession Number: 20091113-0158.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: RP10-143-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Iroquois Gas Transmission System, LP submits Sixth
Revised Sheet 6 of its FERC Gas Tariff, First Revised Volume 1, to be
effective 11/15/09.
    Filed Date: 11/13/2009.
    Accession Number: 20091113-0157.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 25, 2009.

    Docket Numbers: RP10-144-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Discovery Gas Transmission LLC submits Eighteenth
Revised Sheet No 20 to FERC Gas Tariff, Original Volume No 1.
    Filed Date: 11/13/2009.
    Accession Number: 20091113-0159.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 25, 2009.

    Docket Numbers: RP10-145-000.
    Applicants: The State of Alaska.
    Description: Petition of the State of Alaska for Expedited Grant of
Limited Waiver.
    Filed Date: 11/12/2009.
    Accession Number: 20091112-5243.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: CP10-18-000.
    Applicants: Columbia Gulf Transmission Company and Gulf South
Pipeline Company, LP.
    Description: Abbreviated Joint Application of Columbia Gulf
Transmission Company and Gulf South Pipeline Company, LP for permission
and approval to abandon Natural Gas Exchange Service.
    Filed: 11/10/2009.
    Accession Number: 20091110-5118.
    Comment Date: 5 p.m. Eastern Time on Friday, November 27, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
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 proceedings 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 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-28109 Filed 11-23-09; 8:45 am]

BILLING CODE 6717-01-P