[Federal Register: May 25, 2006 (Volume 71, Number 101)]
[Notices]
[Page 30136-30137]
[DOCID:fr25my06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

May 19, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12670-000.
    c. Date Filed: April 17, 2006.
    d. Applicant: Massachusetts Tidal Energy Company.
    e. Name of Project: Cape and Islands Tidal Energy Hydroelectric
Project.
    f. Location: The project would be located in a section of the
Vineyard Sound in Barnstable and Dukes Counties, Massachusetts.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)--825(r).
    h. Applicant Contacts: Joseph A. Cannon, Pillsbury Winthrop Shaw
Pittman LLP, 2300 N Street, NW., Washington, DC 20037, phone: (202)
663-8000, and Charles B. Cooper, TRC Environmental, Boott Mills South,
116 John St., Lowell, MA 01852, phone:<PHONE_NUMBER>.
    i. FERC Contact: Chris Yeakel,<PHONE_NUMBER>.
    j. Deadline for Filing Comments, Protests, and Motions to
Intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: Description of Project: The proposed
project would consist of: (1) 50 to 150 Tidal In Stream Energy
Conversion (TISEC) devices consisting of, (2) rotating propeller
blades, (3) integrated generators with a capacity of 0.5 to 2.0 MW, (4)
anchoring systems, (5) mooring lines; and (6) interconnection
transmission lines. The project is estimated to have an annual
generation of 8.76 gigawatt-hours per-unit per-year, which would be
sold to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR

385.2001 (a)(1)(iii) and the instructions on the Commission's Web site
under ``e-filing'' link. The Commission strongly encourages electronic
filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'',''COMPETING APPLICATION'' OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-8024 Filed 5-24-06; 8:45 am]

BILLING CODE 6717-01-P


Clean Line........................  Clean Line Energy Partners LLC.
Coalition for Fair Transmission     CMS Energy Corporation; Consolidated
 Policy.                             Edison; DTE Energy Company;
                                     Northeast Utilities; PPL
                                     Corporation; Progress Energy, Inc.;
                                     Public Service Enterprise Group;
                                     SCANA Corporation; Southern
                                     Company; United Illuminating
                                     Company.
Colorado Independent Energy         Colorado Independent Energy
 Association.                        Association.
ColumbiaGrid......................  ColumbiaGrid (Avista Corporation;
                                     Bonneville Power Administration;
                                     Public Utility District No. 1 of
                                     Chelan County, Washington; Public
                                     Utility District No. 1 of Snohomish
                                     County, Washington; Public Utility
                                     District No. 2 of Grant County,
                                     Washington; Puget Sound Energy,
                                     Inc.; City of Tacoma, Department of
                                     Public Utilities, Light Division;
                                     and the City of Seattle, by and
                                     through its City Light Department).
Connecticut & Rhode Island          Connecticut Department of Public
 Commissions.                        Utility Control and the Rhode
                                     Island Public Utilities Commission.
Conservation Law Foundation.......  Conservation Law Foundation.
Consolidated Edison and Orange &    Consolidated Edison Company of New
 Rockland.                           York, Inc. and Orange and Rockland
                                     Utilities, Inc.
Consumers Energy Company..........  Consumers Energy Company.
Dayton Power and Light............  Dayton Power and Light Company
                                     (The).
DC Energy.........................  DC Energy, LLC.
Delaware PSC......................  Delaware Public Service Commission.
Direct Energy.....................  Direct Energy Services, LLC; Direct
                                     Energy Business, LLC; and Energy
                                     America, LLC.
Dominion..........................  Dominion Resources Services, Inc.
Duke..............................  Duke Energy Corporation.
Duquesne Light Company............  Duquesne Light Company.
EARTHJUSTICE......................  EARTHJUSTICE.
East Texas Cooperatives...........  East Texas Electric Cooperative,
                                     Inc.; Northeast Texas Electric
                                     Cooperative, Inc.; Tex-La Electric
                                     Cooperative of Texas, Inc.; Sam
                                     Rayburn G&T Electric Cooperative.
Eastern Massachusetts Consumer-     Belmont Municipal Light Department;
 Owned System.                       Braintree Electric Light
                                     Department; Concord Municipal Light
                                     Plant; Hingham Municipal Lighting
                                     Plant; Reading Municipal Light
                                     Department; Taunton Municipal
                                     Lighting Plant; and Wellesley
                                     Municipal Light Plant.
Edison Electric Institute.........  Edison Electric Institute.
EIF Management....................  EIF Management, LLC.
Electricity Consumers Resource      Electricity Consumers Resource
 Council and the Associated          Council; American Chemistry
 Industrial Groups.                  Council; Association of Businesses
                                     Advocating Tariff Equity; Carolina
                                     Utility Customers Association;
                                     Coalition of Midwest Transmission
                                     Customers; Florida Industrial Power
                                     Users Group; Georgia Industrial
                                     Group-Electric; Industrial Energy
                                     Users--Ohio; Oklahoma Industrial
                                     Energy Consumers; PJM Industrial
                                     Customer Coalition; West Virginia
                                     Energy Users Group; and Wisconsin
                                     Industrial Energy Group.
Enbridge..........................  Enbridge Inc.
Energy Consulting Group...........  Energy Consulting Group LLC
                                     (representing Central Georgia EMC;
                                     Cobb EMC; Diverse Power
                                     Incorporated; Pataula EMC; Snapping
                                     Shoals EMC; Upson EMC; and
                                     Washington EMC).
Energy Future Coalition Group.....  Energy Future Coalition; Alliance
                                     for Clean Energy New York, Inc.;
                                     American Wind Energy Association;
                                     BrightSource Energy, Center for
                                     American Progress, Conservation Law
                                     Foundation; Environmental
                                     Northeast; Fresh Energy; Interwest
                                     Energy Alliance; Invenergy Thermal
                                     Development, LLC; Invenergy Wind
                                     Development, LLC; ITC Holdings,
                                     Corp.; Mesa Power Group; Mid-
                                     Atlantic Renewable Energy
                                     Coalition; Natural Resources
                                     Defense Council; Renewable
                                     Northwest Project; Sierra Club;
                                     Solar Energy Industries
                                     Association; The FERC Project; The
                                     Stella Group, Ltd.; The Wilderness
                                     Society; Union of Concerned
                                     Scientists; Utility Workers Union
                                     of America; and Western Grid Group.

Environmental Defense Fund........  Environmental Defense Fund.
Environmental NGOs................  Environmental Non-Governmental
                                     Organizations (Environmental
                                     Integrity Project; Izaak Walton
                                     League of America; Clean Air
                                     Council; Michigan Environmental
                                     Council; Ohio Citizen Action;
                                     Natural Resources Defense Council;
                                     Fresh Energy; Citizens for
                                     Pennsylvania's Future; Sierra Club;
                                     and Earthjustice).
E.ON..............................  E.ON U.S. LLC.
E.ON Climate & Renewables North     E.ON Climate & Renewables North
 America.                            America, LLC.
Exelon............................  Exelon Corporation.
Federal Trade Commission..........  Federal Trade Commission.
First Wind........................  First Wind Energy, L.L.C.
FirstEnergy Service Company.......  FirstEnergy Service Company, on
                                     behalf of FirstEnergy Companies:
                                     Ohio Edison Company; Pennsylvania
                                     Power Company; The Cleveland
                                     Electric Illuminating Company; The
                                     Toledo Edison Company; American
                                     Transmission Systems, Incorporated;
                                     Jersey Central Power & Light
                                     Company; Metropolitan Edison
                                     Company; and Pennsylvania Electric
                                     Company, and FirstEnergy Solutions
                                     Corp. and their respective electric
                                     utility subsidiaries and
                                     affiliates.
Florida PSC.......................  Florida Public Service Commission.
Four G&T Cooperatives.............  Associated Electric Cooperative;
                                     Basin Electric Power Cooperative;
                                     and Tri-State Generation and
                                     Transmission Association.
Gaelectric North America..........  Gaelectric North America.
Georgia Transmission Corporation..  Georgia Transmission Corporation.
Governors of Delaware and Maryland  Governors of Delaware and Maryland.
Grasslands........................  Grasslands Renewable Energy LLC.
Green Energy and 21st Century.....  Green Energy Express LLC and 21st
                                     Century Transmission Holdings, LLC.
Grid Solar........................  Grid Solar, LLC.
Horizon Wind Energy...............  Horizon Wind Energy LLC.
Iberdrola Renewables..............  Iberdrola Renewables, Inc.
Ignacio Perez-Arriaga.............  Ignacio J. Perez-Arriaga.
Illinios Commerce Commission......  Illinois Commerce Commission.
Imperial Irrigation District......  Imperial Irrigation District.
Independent Energy Producers        Independent Energy Producers
 Association.                        Association.
Indianapolis Power & Light........  Indianapolis Power & Light Company.
Indicated PJM Transmission Owners.  Monongahela Power Company; The
                                     Potomac Edison Company and West
                                     Penn Power Company; and Trans-
                                     Allegheny Interstate Line Company;
                                     Baltimore Gas and Electric Company;
                                     The Dayton Power and Light Company;
                                     Duquesne Light Company; American
                                     Transmission Systems, Incorporated;
                                     Jersey Central Power & Light
                                     Company; Metropolitan Edison
                                     Company; Pennsylvania Electric
                                     Company; Pepco Holdings, Inc.;
                                     Potomac Electric Power Company;
                                     Delmarva Power & Light Company;
                                     Atlantic City Electric Company; PPL
                                     Electric Utilities Corporation; PPL
                                     EnergyPlus, LLC; PPL Brunner
                                     Island, LLC; PPL Holtwood, LLC; PPL
                                     Martins Creek, LLC; PPL Montour,
                                     LLC; PPL Susquehanna, LLC; PPL
                                     University Park, LLC; Lower Mount
                                     Bethel Energy, LLC; Public Service
                                     Electric and Gas Company; PSEG
                                     Power LLC; PSEG Energy Resources &
                                     Trade LLC; UGI Utilities, Inc.; and
                                     Virginia Electric and Power
                                     Company.
Integrated Transmission Benefits    Maine PUC; Maine Office of the
 Model Proponents.                   Public Advocate; Maine Office of
                                     Energy Independence and Security;
                                     New Hampshire Public Utilities
                                     Commission; Environment Northeast;
                                     and Conservation Law Foundation.
Integrys..........................  Wisconsin Public Service
                                     Corporation; Upper Peninsula Power
                                     Company; and Integrys Energy
                                     Services, Inc.
Invenergy.........................  Invenergy Wind Development LLC.
ISO New England...................  ISO New England Inc.
ISO/RTO Council...................  California Independent System
                                     Operator; ISO New England, Inc.;
                                     Midwest Independent Transmission
                                     System Operator, Inc.; New York
                                     Independent System Operator, Inc.;
                                     PJM Interconnection, L.L.C.;
                                     Southwest Power Pool, Inc.
ITC Companies.....................  International Transmission Company;
                                     Michigan Electric Transmission
                                     Company, LLC; ITC Midwest LLC; ITC
                                     Great Plains, LLC; and Green Power
                                     Express LP.
Joint Commenters..................  American Chemistry Council; American
                                     Forest & Paper Association;
                                     American Public Power Association;
                                     California Municipal Utilities
                                     Association; California Public
                                     Utilities Commission; Electricity
                                     Consumers Resource Council; Indiana
                                     Utility Regulatory Commission;
                                     Modesto Irrigation District;
                                     Montana Public Service Commission;
                                     National Association of State
                                     Utility Consumer Advocates; New
                                     England Conference of Public
                                     Utility Commissioners; New
                                     Hampshire Office of Consumer
                                     Advocate; New Jersey Division of
                                     Rate Counsel; New York State Public
                                     Service Commission; Office of the
                                     Nevada Attorney General, Bureau of
                                     Consumer Protection; Old Dominion
                                     Electric Cooperative; Sacramento
                                     Municipal Utility District; South
                                     Dakota Public Utilities Commission;
                                     State of Maine, Office of the
                                     Public Advocate; Transmission
                                     Agency of Northern California;
                                     Utility Reform Network; Vermont
                                     Department of Public Service; and
                                     Vermont Public Service Board.
Kansas City Power & Light and       Kansas City Power & Light Company
 KCP&L Greater Missouri.             and KCP&L Greater Missouri
                                     Operations Company.
Kansas Corporation Commission.....  Kansas Corporation Commission.
Land Trust Alliance...............  Land Trust Alliance.

Large Public Power Council........  Austin Energy; Chelan County Public
                                     Utility District No. 1; Clark
                                     Public Utilities; Colorado Springs
                                     Utilities; CPS Energy (San
                                     Antonio); IID Energy, JEA
                                     (Jacksonville, FL), Long Island
                                     Power Authority; Los Angeles
                                     Department of Power; Lower Colorado
                                     River Authority; MEAG Power;
                                     Nebraska Public Power District, New
                                     York Power Authority; Omaha Public
                                     Power District; Orlando Utilities
                                     Commission; Platte River Power
                                     Authority; Puerto Rico Electric
                                     Power Authority; Sacramento
                                     Municipal Utility District; Salt
                                     River Project; Santee Cooper;
                                     Seattle City Light; Snohomish
                                     County Public Utility District No.
                                     1; and Tacoma Public Utilities.
Long Island Power Authority.......  Long Island Power Authority.
LS Power..........................  LS Power Transmission, LLC.
Maine PUC.........................  Maine Public Utility Commission.
Maine Utilities...................  Bangor Hydro Electric Company;
                                     Central Maine Power Company; and
                                     Maine Public Service.
Massachusetts Departments.........  Massachusetts Department of Public
                                     Utilities and Massachusetts
                                     Department of Energy Resources.
Massachusetts Municipal and New     Massachusetts Municipal Wholesale
 Hampshire Electric.                 Electric Company and New Hampshire
                                     Electric Cooperative, Inc.
Michigan Citizens Against Rate      Michigan Citizens Against Rate
 Excess.                             Excess.
MidAmerican.......................  MidAmerican Energy Holdings Company.
MISO..............................  Midwest Independent System
                                     Transmission Operator, Inc.
MISO Transmission Owners..........  Ameren Services Company (as agent
                                     for Union Electric Company, Central
                                     Illinois Public Service Company;
                                     Central Illinois Light Co., and
                                     Illinois Power Company); American
                                     Transmission Company LLC; City
                                     Water, Light & Power (Springfield,
                                     IL); Dairyland Power Cooperative;
                                     Great River Energy; Hoosier Energy
                                     Rural Electric Cooperative, Inc.;
                                     Indianapolis Power & Light Company;
                                     MidAmerican Energy Company;
                                     Minnesota Power (and its subsidiary
                                     Superior Water, L&P); Montana-
                                     Dakota Utilities Co.; Northern
                                     Indiana Public Service Company;
                                     Northern States Power Company
                                     (Minnesota and Wisconsin
                                     corporations); Northwestern
                                     Wisconsin Electric Company; Otter
                                     Tail Power Company; Southern
                                     Illinois Power Cooperative;
                                     Southern Indiana Gas & Electric
                                     Company; Southern Minnesota
                                     Municipal Power Agency; Wolverine
                                     Power Supply Cooperative, Inc.
Minnesota PUC and Minnesota Office  Minnesota Public Utilities
 of Energy Security.                 Commission and Minnesota Office of
                                     Energy Security.
Modesto Irrigation District.......  Modesto Irrigation District.
Multiparty Commenters.............  American Electric Power Corp.; AWEA,
                                     Energy Future Coalition; Iberdrola
                                     Renewables; ITC Holdings Corp.; LS
                                     Power Transmission LLC; Mesa Power
                                     Group, LLC; NextEra Energy, Inc.;
                                     and SEIA.
NARUC.............................  National Association of Regulatory
                                     Utility Commissioners.
National Audubon Society..........  National Audubon Society.
National Grid.....................  National Grid USA.
National Rural Electric Coops.....  National Rural Electric Cooperative
                                     Association.
Natural Resources Defense Council.  Natural Resources Defense Council.
Nebraska Public Power District....  Nebraska Public Power District.
NEPOOL............................  New England Power Pool Participants
                                     Committee.
Nevada Hydro......................  Nevada Hydro Company.
New England States Committee on     New England States Committee on
 Electricity.                        Electricity.
New England Transmission Owners...  Bangor Hydro Electric Company;
                                     Central Maine Power Company; NSTAR
                                     Electric Company; New England Power
                                     Company; Northeast Utilities
                                     Service Company on behalf of the
                                     Northeast utilities system
                                     operating companies; The United
                                     Illuminating Company; and Vermont
                                     Electric Transmission Company,
                                     Inc., on behalf of itself and its
                                     affiliate, Vermont Transco LLC.
New Jersey Board..................  New Jersey Board of Public
                                     Utilities.
New Jersey Division of Rate         New Jersey Division of Rate Counsel.
 Counsel.
New York ISO......................  New York Independent System
                                     Operator, Inc.
New York PSC......................  New York State Public Service
                                     Commission.
New York Transmission Owners......  Central Hudson Gas & Electric;
                                     Consolidated Edison Company of New
                                     York, Inc.; New York Power
                                     Authority; Long Island Power
                                     Authority; New York State Electric
                                     & Gas Corporation; Niagara Mohawk
                                     Power Corporation; Orange and
                                     Rockland Utilities, Inc.; and
                                     Rochester Gas and Electric
                                     Corporation.
NextEra...........................  NextEra Energy, Inc.
North Carolina Agencies...........  North Carolina Utilities Commission
                                     and Public Staff of the North
                                     Carolina Utilities Commission.
Northeast Utilities...............  Northeast Utilities Service Company.
Northern California Power Agency..  Northern California Power Agency.
Northern Tier Transmission Group..  Northern Tier Transmission Group.
Northwest & Intermountain Power     Calpine Corporation; Capital Power
 Producers Coalition.                Operations; Constellation Energy
                                     Control & Dispatch; EverPower
                                     Renewables; Exergy Development
                                     Group; First Wind; Horizon Wind
                                     Energy; Invenergy; LS Power
                                     Associates; Ridgeline Energy; Shell
                                     Energy North America; TransAlta
                                     Marketing, Inc; and TransCanada.
NorthWestern Corporation (Montana)  NorthWestern Corporation (Montana).
NRG Companies.....................  NRG Companies.
NV Energy.........................  Nevada Power Company and Sierra
                                     Pacific Power Company.
Ohio Consumers' Counsel and West    Ohio Consumers' Counsel and West
 Virginia Consumer Advocate          Virginia Consumer Advocate
 Division.                           Division.

Oklahoma Corporation Commission...  Oklahoma Corporation Commission.
Oklahoma Gas and Electric Company.  Oklahoma Gas and Electric Company.
Old Dominion......................  Old Dominion Electric Cooperative.
Omaha Public Power District.......  Omaha Public Power District.
Organization of MISO States.......  Indiana Utility Regulatory
                                     Commission; Iowa Utilities Board;
                                     Michigan Public Service Commission;
                                     Minnesota Public Utilities
                                     Commission; Missouri Public Service
                                     Commission; Montana Public Service
                                     Commission; North Dakota Public
                                     Service Commission; South Dakota
                                     Public Utilities Commission;
                                     Wisconsin Public Service
                                     Commission.
Pacific Gas and Electric Pattern    Pacific Gas and Electric Company
 Transmission.                       Pattern Transmission LP.
Pennsylvania PUC..................  Pennsylvania Public Utility
                                     Commission.
PHI Companies.....................  Pepco Holdings, Inc.; Potomac
                                     Electric Power Company; Delmarva
                                     Power & Light Company; and Atlantic
                                     City Electric Company.
Pioneer Transmission..............  Pioneer Transmission, LLC.
PJM...............................  PJM Interconnection, L.L.C.
Powerex...........................  Powerex Corp.
PPL Companies.....................  PPL Electric Utilities Corporation;
                                     PPL EnergyPlus, LLC; PPL Brunner
                                     Island, LLC; PPL Holtwood, LLC; PPL
                                     Martins Creek, LLC; PPL Montour,
                                     LLC; PPL Susquehanna, LLC; PPL
                                     University Park, LLC; Lower Mount
                                     Bethel Energy, LLC; PPL New Jersey
                                     Solar, LLC; PPL New Jersey Biogas,
                                     LLC; PPL RenewableEnergy, LLC; PPL
                                     Montana, LLC; PPL Colstrip I, LLC;
                                     and PPL Colstrip II, LLC.
Primary Power.....................  Primary Power, LLC.
PSC of Wisconsin..................  Public Service Commission of
                                     Wisconsin.
PSEG Companies....................  Public Service Electric and Gas
                                     Company; PSEG Power LLC; and PSEG
                                     Energy Resources & Trade LLC.
Public Power Council..............  Public Power Council.
PUC of Nevada.....................  Public Utility Commission of Nevada.
PUC of Ohio.......................  Public Utility Commission of Ohio.
Sacramento Municipal Utility        Sacramento Municipal Utility
 District.                           District.
Salt River Project................  Salt River Project Agricultural
                                     Improvement and Power District.
San Diego Gas & Electric..........  San Diego Gas & Electric Company.
Six Cities........................  Cities of Anaheim, Azusa, Banning,
                                     Colton, Pasadena, and Riverside,
                                     CA.
Solar Energy Industries and Large-  Solar Energy Industries Association
 scale Solar.                        and Large-scale Solar Association.
Sonoran Institute.................  Sonoran Institute.
South Carolina Electric & Gas.....  South Carolina Electric & Gas
                                     Company.
Southern California Edison........  Southern California Edison Company.
Southern Companies................  Alabama Power Company; Georgia Power
                                     Company; Gulf Power Company;
                                     Mississippi Power Company; and
                                     Southern Power Company.
Southwest Area Transmission         Southwest Area Transmission
 Subregional Planning Group.         Subregional Planning Group.
SPP...............................  Southwest Power Pool, Inc.
Starwood..........................  Starwood Energy Group Global, L.L.C.
Sunflower and Mid-Kansas..........  Sunflower Electric Power Corporation
                                     and Mid-Kansas Electric Company,
                                     LLC.
Transmission Access Policy Study    Transmission Access Policy Study
 Group.                              Group.
Transmission Agency of Northern     Transmission Agency of Northern
 California.                         California.
Transmission Dependent Utility      Arkansas Electric Cooperative
 Systems.                            Corporation; Golden Spread Electric
                                     Cooperative, Inc.; Kansas Electric
                                     Power Cooperative, Inc.; North
                                     Carolina Electric Membership
                                     Corporation; and Seminole Electric
                                     Cooperative, Inc.
Tucson Electric...................  Tucson Electric Power Company.
U.S. Senators Dorgan and Reid.....  United States Senators Byron Dorgan
                                     and Harry Reid.
Vermont Electric..................  Vermont Electric Power Company, Inc.
Virginia State Corporation          Virginia State Corporation
 Commission.                         Commission.
Washington Utilities and            Washington Utilities and
 Transportation Commission.          Transportation Commission.
WECC..............................  Western Electricity Coordinating
                                     Council.
Westar............................  Westar Energy, Inc. and Kansas Gas
                                     and Electric Company.
WestConnect Planning Parties......  Arizona Public Service Company;
                                     Basin Electric Power Cooperative;
                                     Black Hills Corporation; El Paso
                                     Electric Company; Imperial
                                     Irrigation District; NV Energy;
                                     Public Service Company of New
                                     Mexico; Sacramento Municipal
                                     Utility District; Salt River
                                     Project Agricultural Improvement
                                     and Power District; Southwest
                                     Transmission Cooperative, Inc.;
                                     Transmission Agency of Northern
                                     California; Tri-State Generation
                                     and Transmission Association, Inc.;
                                     Tucson Electric Power Company; and
                                     Western Area Power Administration.
Western Area Power Administration.  Western Area Power Administration.
Western Grid Group................  Western Grid Group.
Western Independent Transmission    Western Independent Transmission
 Group.                              Group.
The Wilderness Society and Western  The Wilderness Society and Western
 Resource Advocates.                 Resource Advocates.
Wind Coalition (The)..............  Wind Coalition (The).
WIRES.............................  Working Group for Investment in
                                     Reliable and Economic Electric
                                     Systems.
Wisconsin Electric Power Company..  Wisconsin Electric Power Company.
Xcel..............................  Xcel Energy Services Inc.
------------------------------------------------------------------------

                            Reply Commenters
------------------------------------------------------------------------
           Abbreviation                      Reply commenter(s)
------------------------------------------------------------------------
26 Public Interest Organizations..  Citizens Utility Board of Wisconsin;
                                     Climate and Energy Project; CNT
                                     Energy; Conservation Law
                                     Foundation; Earth Justice; Energy
                                     Conservation Council of
                                     Pennsylvania; Energy Future
                                     Coalition; Environmental Northeast;
                                     Environmental Defense Fund;
                                     Environmental Law & Policy Center;
                                     Fresh Energy; Great Plains
                                     Institute; Institute for Market
                                     Transformation; Iowa Environmental
                                     Council; Land Trust Alliance;
                                     Midwest Energy Efficiency Alliance;
                                     National Audubon Society; Natural
                                     Resources Defense Council;
                                     Northeast Energy Efficiency
                                     Partnerships; NW Energy Coalition;
                                     Pace Energy and Climate Center;
                                     Pennsylvania Land Trust
                                     Association; Piedmont Environmental
                                     Council; Project for Sustainable
                                     FERC Energy Policy; Sierra Club;
                                     Southern Alliance for Clean Energy;
                                     The Wilderness Society; Union of
                                     Concerned Scientists; Western Grid
                                     Group; Western Resource Advocates;
                                     Wind on the Wires.*\588\
Ad Hoc Coalition of Southeastern    Central Electric Power Cooperative,
 Utilities.                          Inc.; Dalton Utilities; Georgia
                                     Transmission Corporation; JEA;
                                     Louisville Gas & Electric Company
                                     and Kentucky Utilities Company;
                                     MEAG Power; Orlando Utilities
                                     Commission; Progress Energy Service
                                     Company, LLC (on behalf of Progress
                                     Energy Carolinas, Inc. and Progress
                                     Energy Florida, Inc.); South
                                     Carolina Electric & Gas Company;
                                     South Carolina Public Service
                                     Authority (Santee Cooper); and
                                     Southern Company Services, Inc. (on
                                     behalf of Alabama Power Company,
                                     Georgia Power Company, Gulf Power
                                     Company, Mississippi Power Company,
                                     and Southern Power Company).*
AEP...............................  American Electric Power Service
                                     Corporation.
Alabama Municipal Electric          Alabama Municipal Electric
 Authority.                          Authority.
APPA..............................  American Public Power Association.
Arizona Public Service Company....  Arizona Public Service Company.
Atlantic Grid.....................  Atlantic Grid Development, LLC, on
                                     behalf of Atlantic Wind Connection.
Baltimore Gas & Electric..........  Baltimore Gas and Electric Company.
Bay Area Municipal Transmission     City of Santa Clara, California; the
 Group.                              City of Palo Alto, California; the
                                     City of Alameda, California.
Bonneville Power..................  Bonneville Power Administration.
California ISO....................  California Independent System
                                     Operator Corporation.
California PUC....................  California Public Utilities
                                     Commission.
California Transmission Planning    Sacramento Municipal Utility
 Group.                              District; the Imperial Irrigation
                                     District; the City of Los Angeles
                                     Department of Water and Power; the
                                     Southern California Public Power
                                     Authority; the Transmission Agency
                                     of Northern California; the Turlock
                                     Irrigation District; the Southern
                                     California Edison Company; the
                                     Pacific Gas & Electric Company; San
                                     Diego Gas & Electric Company.
City of Santa Clara...............  City of Santa Clara, California.
Coalition for Fair Transmission     CMS Energy Corporation; Consolidated
 Policy.                             Edison; DTE Energy Company;
                                     Northeast Utilities; PPL
                                     Corporation; Progress Energy, Inc.;
                                     Public Service Enterprise Group;
                                     SCANA Corporation; Southern
                                     Company; United Illuminating
                                     Company.
Commissioner Nathan A. Skop of the  Commissioner Nathan A. Skop of the
 Florida PSC.                        Florida PSC.
Conservation Law Foundation.......  Conservation Law Foundation.
Consolidated Edison and Orange &    Consolidated Edison Company of New
 Rockland.                           York, Inc. and Orange and Rockland
                                     Utilities, Inc.
EarthJustice and Environmental      EARTHJUSTICE; Environmental
 Groups.                             Integrity Project; Natural
                                     Resources Defense Council;
                                     Environmental Law & Policy Center;
                                     Fresh Energy.
EarthJustice et al................  EARTHJUSTICE on behalf of Sierra
                                     Club; Natural Resources Defense
                                     Council; National Rural Electric
                                     Coops; Citizens for Pennsylvania's
                                     Future.
Eastern Environmental and           New Jersey Highlands Coalition; New
 Conservation Groups.                Jersey Chapter of the Sierra Club;
                                     Delaware Riverkeeper Network; New
                                     Jersey Conservation Foundation;
                                     Stop the Lines.
East Texas Cooperatives...........  East Texas Electric Cooperative,
                                     Inc.; Northeast Texas Electric
                                     Cooperative, Inc.; Tex-La Electric
                                     Cooperative of Texas, Inc.; Sam
                                     Rayburn G&T Electric Cooperative.
Edison Electric Institute.........  Edison Electric Institute.
EIF Management....................  EIF Management, LLC.
Entergy...........................  Entergy Services Inc., on behalf of
                                     the Entergy Operating Companies
                                     (Entergy Arkansas, Inc.; Entergy
                                     Gulf States Louisiana, LLC; Entergy
                                     Louisiana LLC; Entergy Mississippi,
                                     Inc.; Entergy New Orleans, Inc.;
                                     and Entergy Texas, Inc.
Environmental Defense Fund........  Environmental Defense Fund.
Exelon............................  Exelon Corporation.
First Wind........................  First Wind Energy, L.L.C.
Florida PSC.......................  Florida Public Service Commission.
Green Energy and 21st Century.....  Green Energy Express LLC and 21st
                                     Century Transmission Holdings, LLC.
H-P Energy Resources..............  H-P Energy Resources LLC.
Identified New England              Identified New England Transmission
 Transmission Owners.                Owners.
Illinois Commerce Commission......  Illinois Commerce Commission.
ISO New England...................  ISO New England Inc.
ISO/RTO Council...................  California Independent System
                                     Operator; ISO New England, Inc.;
                                     Midwest Independent Transmission
                                     System Operator, Inc.; New York
                                     Independent System Operator, Inc.;
                                     PJM Interconnection, L.L.C.;
                                     Southwest Power Pool, Inc.
ITC Companies.....................  International Transmission Company;
                                     Michigan Electric Transmission
                                     Company, LLC; ITC Midwest LLC; ITC
                                     Great Plains, LLC; and Green Power
                                     Express LP.

Large Public Power Council........  Austin Energy; Chelan County Public
                                     Utility District No. 1; Clark
                                     Public Utilities; Colorado Springs
                                     Utilities; CPS Energy (San
                                     Antonio); IID Energy, JEA
                                     (Jacksonville, FL), Long Island
                                     Power Authority; Los Angeles
                                     Department of Water and Power;
                                     Lower Colorado River Authority;
                                     MEAG Power; Nebraska Public Power
                                     District, New York Power Authority;
                                     Omaha Public Power District;
                                     Orlando Utilities Commission;
                                     Platte River Power Authority;
                                     Puerto Rico Electric Power
                                     Authority; Sacramento Municipal
                                     Utility District; Salt River
                                     Project; Santee Cooper; Seattle
                                     City Light; Snohomish County Public
                                     Utility District No. 1; Tacoma
                                     Public Utilities.
LS Power..........................  LS Power Transmission, LLC.
Maine Parties.....................  Maine Public Utilities Commission;
                                     Maine Office of the Public
                                     Advocate; Maine Governor's Office
                                     of Energy, Independence and
                                     Security.
MEAG Power........................  MEAG Power.
MISO Transmission Owners..........  Ameren Services Company (as agent
                                     for Union Electric Company, Central
                                     Illinois Public Service Company;
                                     Central Illinois Light Co., and
                                     Illinois Power Company); American
                                     Transmission Company LLC; City
                                     Water, Light & Power (Springfield,
                                     IL); Dairyland Power Cooperative;
                                     Great River Energy; Hoosier Energy
                                     Rural Electric Cooperative, Inc.;
                                     Indianapolis Power & Light Company;
                                     MidAmerican Energy Company;
                                     Minnesota Power (and its subsidiary
                                     Superior Water, L&P); Montana-
                                     Dakota Utilities Co.; Northern
                                     Indiana Public Service Company;
                                     Northern States Power Company
                                     (Minnesota and Wisconsin
                                     corporations); Northwestern
                                     Wisconsin Electric Company; Otter
                                     Tail Power Company; Southern
                                     Illinois Power Cooperative;
                                     Southern Indiana Gas & Electric
                                     Company; Southern Minnesota
                                     Municipal Power Agency; Wolverine
                                     Power Supply Cooperative, Inc.
Multiparty Commenters.............  American Electric Power Corp.; AWEA;
                                     Energy Future Coalition; Iberdrola
                                     Renewables; ITC Holdings Corp.; LS
                                     Power Transmission LLC; Mesa Power
                                     Group, LLC; NextEra Energy, Inc.;
                                     SEIA; and Western Grid Group.*
National Grid.....................  National Grid USA.
National Rural Electric Coops.....  National Rural Electric Cooperative
                                     Association.
New England States Committee on     New England States Committee on
 Electricity.                        Electricity.
New Jersey Board..................  New Jersey Board of Public
                                     Utilities.
New York Transmission Owners......  Central Hudson Gas & Electric;
                                     Consolidated Edison Company of New
                                     York, Inc.; New York Power
                                     Authority; Long Island Power
                                     Authority; New York State Electric
                                     & Gas Corporation; Niagara Mohawk
                                     Power Corporation; Orange and
                                     Rockland Utilities, Inc.; and
                                     Rochester Gas and Electric
                                     Corporation.
NextEra...........................  NextEra Energy, Inc.
North Dakota and South Dakota       North Dakota Public Service
 Commission.                         Commission and South Dakota Public
                                     Utilities Commission.
Ohio Consumers' Counsel...........  Office of the Ohio Consumers'
                                     Counsel.
Old Dominion......................  Old Dominion Electric Cooperative.
Organization of MISO States.......  Illinois Commerce Commission;
                                     Indiana Utility Regulatory
                                     Commission; Iowa Utilities Board;
                                     Michigan Public Service Commission;
                                     Minnesota Public Utilities
                                     Commission; Missouri Public Service
                                     Commission; Montana Public Service
                                     Commission; North Dakota Public
                                     Service Commission; Public
                                     Utilities Commission of Ohio;
                                     Pennsylvania Utility Commission;
                                     South Dakota Public Utilities
                                     Commission; Wisconsin Public
                                     Service Commission.*
Pacific Gas and Electric..........  Pacific Gas and Electric Company.
Pattern Transmission..............  Pattern Transmission LP.
PJM...............................  PJM Interconnection, L.L.C.
Powerex...........................  Powerex Corp.
PPL Companies.....................  PPL Electric Utilities Corporation;
                                     PPL EnergyPlus, LLC; PPL Brunner
                                     Island, LLC; PPL Holtwood, LLC; PPL
                                     Martins Creek, LLC; PPL Montour,
                                     LLC; PPL Susquehanna, LLC; PPL
                                     University Park, LLC; Lower Mount
                                     Bethel Energy, LLC; PPL New Jersey
                                     Solar, LLC; PPL New Jersey Biogas,
                                     LLC; PPL RenewableEnergy, LLC; PPL
                                     Montana, LLC; PPL Colstrip I, LLC;
                                     PPL Colstrip II, LLC; PPL Maine,
                                     LLC; PPL Wallingford Energy LLC.*
PSEG Companies....................  Public Service Electric and Gas
                                     Company; PSEG Power LLC; PSEG
                                     Energy Resources & Trade LLC.
Sacramento Municipal Utility        Sacramento Municipal Utility
 District.                           District.
San Diego Gas & Electric..........  San Diego Gas & Electric Company.
Sierra Club.......................  8,203 Sierra Club members,
                                     supporters, and electric system
                                     ratepayers.
Solar Energy Industries and Large-  Solar Energy Industries Association
 scale Solar.                        and Large-scale Solar Association.
South Carolina Office of            South Carolina Office of Regulatory
 Regulatory Staff.                   Staff.
Southern California Edison........  Southern California Edison Company.
Southern Companies................  Alabama Power Company; Georgia Power
                                     Company; Gulf Power Company;
                                     Mississippi Power Company; and
                                     Southern Power Company.
Southern New England States.......  Southern New England States.
Transmission Agency of Northern     Transmission Agency of Northern
 California.                         California.
Western Independent Transmission    Western Independent Transmission
 Group.                              Group.
WIRES.............................  Working Group for Investment in
                                     Reliable and Economic Electric
                                     Systems.
------------------------------------------------------------------------

Appendix C: Pro Forma Open Access Transmission Tariff

Pro Forma OATT

Attachment K

Transmission Planning Process

Local Transmission Planning

    The Transmission Provider shall establish a coordinated, open
and transparent planning process with its Network and Firm Point-to-
Point Transmission Customers and other interested parties to ensure
that the Transmission System is planned to meet the needs of both
the Transmission Provider and its Network and Firm Point-to-Point
Transmission Customers on a comparable and not unduly discriminatory
basis. The Transmission Provider's coordinated, open and transparent
planning process shall be provided as an attachment to the
Transmission Provider's Tariff.
---------------------------------------------------------------------------

    \588\ A ``*'' indicates that the composition of this group as
altered in the reply comment filing.
---------------------------------------------------------------------------

    The Transmission Provider's planning process shall satisfy the
following nine principles, as defined in Order No. 890:
Coordination, openness, transparency, information exchange,
comparability, dispute resolution, regional participation, economic
planning studies, and cost allocation for new projects. The planning
process also shall include the procedures and mechanisms for
considering transmission needs driven by Public Policy Requirements
consistent with Order No. 1000. The planning process also shall
provide a mechanism for the recovery and allocation of planning
costs consistent with Order No. 890.
    The description of the Transmission Provider's planning process
must include sufficient detail to enable Transmission Customers to
understand:
    (i) The process for consulting with customers;
    (ii) The notice procedures and anticipated frequency of
meetings;
    (iii) The methodology, criteria, and processes used to develop a
transmission plan;
    (iv) The method of disclosure of criteria, assumptions and data
underlying a transmission plan;
    (v) The obligations of and methods for Transmission Customers to
submit data to the Transmission Provider;
    (vi) The dispute resolution process;
    (vii) The Transmission Provider's study procedures for economic
upgrades to address congestion or the integration of new resources;
    (viii) The Transmission Provider's procedures and mechanisms for
considering transmission needs driven by Public Policy Requirements,
consistent with Order No. 1000; and
    (ix) The relevant cost allocation method or methods.

Regional Transmission Planning

    The Transmission Provider shall participate in a regional
transmission planning process through which transmission facilities
and non-transmission alternatives may be proposed and evaluated. The
regional transmission planning process also shall develop a regional
transmission plan that identifies the transmission facilities
necessary to meet the needs of transmission providers and
transmission customers in the transmission planning region. The
regional transmission planning process must be consistent with the
provision of Commission-jurisdictional services at rates, terms and
conditions that are just and reasonable and not unduly
discriminatory or preferential, as described in Order No. 1000. The
regional transmission planning process shall be described in an
attachment to the Transmission Provider's Tariff.
    The Transmission Provider's regional transmission planning
process shall satisfy the following seven principles, as set out and
explained in Order Nos. 890 and 1000: coordination, openness,
transparency, information exchange, comparability, dispute
resolution, and economic planning studies. The regional transmission
planning process also shall include the procedures and mechanisms
for considering transmission needs driven by Public Policy
Requirements, consistent with Order No. 1000. The regional
transmission planning process shall provide a mechanism for the
recovery and allocation of planning costs consistent with Order No.
890.
    Nothing in the regional transmission planning process shall
include an unduly discriminatory or preferential process for
transmission project submission and selection.
    The description of the regional transmission planning process
must include sufficient detail to enable Transmission Customers to
understand:
    (i) The process for consulting with customers;
    (ii) The notice procedures and anticipated frequency of
meetings;
    (iii) The methodology, criteria, and processes used to develop a
transmission plan;
    (iv) The method of disclosure of criteria, assumptions and data
underlying a transmission plan;
    (v) The obligations of and methods for transmission customers to
submit data;
    (vi) Process for submission of data by nonincumbent developers
of transmission projects that wish to participate in the
transmission planning process and seek regional cost allocation;
    (vii) Process for submission of data by merchant transmission
developers that wish to participate in the transmission planning
process;
    (viii) The dispute resolution process;
    (ix) The study procedures for economic upgrades to address
congestion or the integration of new resources;
    (x) The procedures and mechanisms for considering transmission
needs driven by Public Policy Requirements, consistent with Order
No. 1000; and
    (xi) The relevant cost allocation method or methods.
    The regional transmission planning process must include a cost
allocation method or methods that satisfy the six regional cost
allocation principles set forth in Order No. 1000.

Interregional Transmission Coordination

    The Transmission Provider, through its regional transmission
planning process, must coordinate with the public utility
transmission providers in each neighboring transmission planning
region within its interconnection to address transmission planning
coordination issues related to interregional transmission
facilities. The interregional transmission coordination procedures
must include a detailed description of the process for coordination
between public utility transmission providers in neighboring
transmission planning regions (i) with respect to each interregional
transmission facility that is proposed to be located in both
transmission planning regions and (ii) to identify possible
interregional transmission facilities that could address
transmission needs more efficiently or cost-effectively than
separate regional transmission facilities. The interregional
transmission coordination procedures shall be described in an
attachment to the Transmission Provider's Tariff
    The Transmission Provider must ensure that the following
requirements are included in any applicable interregional
transmission coordination procedures:
    (1) A commitment to coordinate and share the results of each
transmission planning region's regional transmission plans to
identify possible interregional transmission facilities that could
address transmission needs more efficiently or cost-effectively than
separate regional transmission facilities, as well as a procedure
for doing so;
    (2) A formal procedure to identify and jointly evaluate
transmission facilities that are proposed to be located in both
transmission planning regions;
    (3) An agreement to exchange, at least annually, planning data
and information; and
    (4) A commitment to maintain a Web site or e-mail list for the
communication of information related to the coordinated planning
process.
    The Transmission Provider must work with transmission providers
located in neighboring transmission planning regions to develop a
mutually agreeable method or methods for allocating between the two
transmission planning regions the costs of a new interregional
transmission facility that is located within both transmission
planning regions. Such cost allocation method or methods must
satisfy the six interregional cost allocation principles set forth
in Order No. 1000.

MOELLER, Commissioner, dissenting in part:
    While I offer substantial praise for this final rule, the
Commission should have taken a different approach to several important
issues. But before addressing these issues, we must recognize that all
of the nation's difficulties in building needed transmission will not
be resolved by this rule. Rather, this rule largely addresses planning
for long-distance transmission lines, which is only a subset of the
critical issues that are inhibiting needed investment.

    This rule cannot address issues like the delays caused by other
federal agencies in the siting of important projects, as this
Commission lacks the legal authority to require other federal agencies
to act.\589\ And this rule also cannot address issues of state law,
regardless of the reliability needs that are served by a new
transmission line. Moreover, and as described further below, this rule
did not address whether a transmission provider can thwart competitive
options by refusing to upgrade its transmission system. For these
reasons, this rule will not resolve all of the difficult issues that
discourage this nation from constructing needed transmission lines.
---------------------------------------------------------------------------

    \589\ See the comments of PJM at 17, which state that, ``[t]he
PJM Board approved the Susquehanna-Roseland 500 kV line in 2007. The
Susquehanna-Roseland line was approved by the state regulatory
commissions in Pennsylvania and New Jersey for 2012. The line is
currently delayed by the National Parks Service [sic] and is not
expected to be in service until 2014 at the earliest.''
---------------------------------------------------------------------------

    Regarding the issues that the final rule does address, I believe
that the owner of a transmission network should have been provided with
greater flexibility to ensure the reliability of its own network.
Moreover, the rule should have clarified that a right of first refusal
is not a right of ``forever'' refusal. That is, a right to ``forever''
block a needed transmission project could prevent the lowest-cost power
from reaching consumers.
    To encourage needed transmission investment, the final rule permits
incumbent transmission owners to maintain their existing rights of
first refusal for: (1) local projects where the incumbent does not seek
to share the costs of those projects; (2) upgrades to existing assets;
and (3) projects on existing right of way.\590\ However, notably absent
from these categories of projects is the right of a utility to build a
project within its franchised service territory in order to maintain
the reliability of its existing network--regardless of whether the cost
of that project is allocated on a regional basis.
---------------------------------------------------------------------------

    \590\ Section III.B.3.d of the final rule, at PP 318-319.
---------------------------------------------------------------------------

    In my view, transmission providers should have been entitled under
the final rule to maintain their rights of first refusal to build a new
transmission facility that is: (1) located entirely within the
provider's franchised service territory; and (2) identified by the
provider as needed to satisfy NERC reliability standards--even if that
facility is selected in a regional transmission plan for purposes of
cost allocation. And because a transmission provider would have
retained its authority to address reliability issues in its franchised
service territory, the final rule would not have needed its blanket
waiver of penalties in the event that a competitor fails to fix a
reliability issue.\591\
---------------------------------------------------------------------------

    \591\ For a description of the blanket waiver, see section
III.B.4.b of the final rule, at P 344 (``Provided the public utility
transmission provider follows the NERC approved mitigation plan, the
Commission will not subject that public utility transmission
provider to enforcement action for the specific NERC reliability
standard violation(s) caused by a nonincumbent transmission
developer's decision to abandon a transmission facility.'')
---------------------------------------------------------------------------

    Had we allowed all reliability projects within a franchised service
territory to retain a right of first refusal, this Commission would
have emphasized its commitment to reliability. An incumbent
transmission provider should be responsible for reliability needs in
its franchised territory without regard to cost allocation. And by
granting a blanket waiver of penalties, the final rule could be placing
the Commission in a difficult position if a blackout results in
widespread loss of power, and we are unable to assess a penalty.
    My approach also would have encouraged transmission owners to seek
regional cost allocation for their own local projects as a way of
balancing regional costs. Such a balancing of projects could help
ensure that all the parts of a region receive benefits that are at
least roughly equivalent. Yet under the final rule, local projects that
have their costs assigned regionally generally cannot maintain a right
of first refusal, thus discouraging transmission owners from seeking
regional cost allocation for their local projects. For this reason,
instead of encouraging more regional cooperation, the rule could
ultimately discourage such cooperation by encouraging more local
transmission projects.
    In addition to my concerns regarding reliability, this Commission
should have clarified that it was willing to protect the energy markets
against misuse of the right of first refusal. That is, the Commission
should have emphasized that a right of first refusal in a Commission-
jurisdictional tariff is not license to effectively block, or endlessly
delay building, a project that would efficiently and cost effectively
provide significant benefits to a transmission network. While an
incumbent utility with a right of first refusal is entitled to have the
ability to exercise its initial right to develop a project, if it
decides not to construct, the opportunity to construct the project and
thus improve the power grid should be available to a non-incumbent
developer.
    A review of the transmission projects that have been adopted in
various regional plans indicates that most projects will be allowed to
retain the right of first refusal under the final rule, as most
projects involve upgrades to existing assets, or they are built on an
existing right of way, or their costs are not allocated to other
transmission providers.\592\ Thus, given the extensive number of
projects that will be allowed to retain a right of first refusal, the
Commission should have emphasized that a transmission provider cannot
use a Commission-jurisdictional \593\ tariff to prevent the lowest-cost
power from reaching consumers.
---------------------------------------------------------------------------

    \592\ For a list of transmission projects that have been
approved in PJM, see the various plans for PJM, and a comprehensive
list available at: http://www.pjm.com/planning/rtep-upgrades-status/construct-status.aspx. And see Chapter 8 of CAISO's transmission
plan for 2010-2011 dated May 18, 2011, available at: http://www.caiso.com/Documents/Board-approvedISO2010-2011TransmissionPlan.pdf.
    \593\ Consistent with the remainder of the rule, any time
limitation on a right of first refusal under my approach would be
subject to relevant state and other law concerning property rights,
contracts, utility franchises, zoning, siting, permitting,
easements, or rights of way. See section III.B.2.c of the final
rule, at P 287.
---------------------------------------------------------------------------

    Recognizing that no party to this proceeding asserted that a right
of first refusal grants its holder a right to refuse building a project
forever, I believe that a federal right of first refusal must be
exercised within a reasonable time frame. The record in this case
suggests that 90 days is a reasonable time frame for management to make
a decision on whether to exercise its right to build a project.\594\
While adoption of a 90-day time frame for transmission providers need
not have been mandated, the Commission should have encouraged every
region to adopt a time frame that

best reflects the needs and circumstances of that region.\595\
---------------------------------------------------------------------------

    \594\ Comments of Southwest Power Pool at 14-27; AEP Comments at
3, 19; Comments of Edison Electric Institute at 46-47, Comments of
Iberdrola Renewables at 23-24; Comments of Indianapolis Power &
Light at 32; MidAmerican Comments at 24; Comments of MISO
Transmission Owners at 73; Comments of Oklahoma Gas and Electric
Co., at 1, 12, 25; SCE Comments at 41-43; PSEG Reply Comments at 12;
Westar Comments at 6; Comments of ITC Companies at 4, 22; Comments
of CapX2020 Utilities at 11, where the CapX2020 Utilities consist of
Central Minnesota Municipal Power Agency, Dairyland Power
Cooperative, Great River Energy, Minnesota Power, Minnkota Power
Cooperative, Missouri River Energy Services, Otter Tail Power Co.,
Rochester Public Utilities, Southern Minnesota Municipal Power
Agency, WPPI Energy, and Xcel Energy Inc. In contrast to these
comments on a 90-day time limit, LS Power and NextEra object to any
right of first refusal and state that a 90-day limitation does not
resolve their objections. LS Power Comments at 14-18 and fn. 20; LS
Power Reply Comments at 10, 34-35; and NextEra Comments at 16.
    \595\ For example, in the case of the SPP region, the regional
transmission organization will designate another company to build a
project if the incumbent decides not to build within 90 days.
Comments of Southwest Power Pool at 14-27.
---------------------------------------------------------------------------

    In conclusion, new transmission lines can sometimes be the lowest-
cost way to improve the delivery of electricity. By building needed
transmission, our nation's transmission network can be maintained at
reliability levels that are the envy of the world, while simultaneously
improving consumer access to lower-cost power generation. Plus, a well-
designed transmission network can allow efficient and cost-effective
renewable resources to compete on an equal basis with traditional
sources of power. While this rule moves us forward to achieve those
goals, a different approach would have been better on the issues
described above.
-----------------------------------------------------------------------

Philip D. Moeller

Commissioner

[FR Doc. 2011-19084 Filed 8-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Page 25066]
[FR Doc No: 2013-09984]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI13-5-000]

Girard Gurgick; Notice of Declaration of Intention and Soliciting
Comments, Protests, and/or Motions To Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI13-5-000.
    c. Date Filed: April 1, 2013.
    d. Applicant: Girard Gurgick.
    e. Name of Project: Goose Creek Hydropower Project.
    f. Location: The proposed Goose Creek Hydropower Project will be
located on Goose Creek, at the Goose Creek Dam, in the town of
Leesburg, Loudoun County, Virginia.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Girard Gurgick, 43883 Stronghold Court,
Ashburn, VA 20147 telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Ashish Desai,<PHONE_NUMBER>, or Email address:
<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions is: 30
days from the issuance of this notice by the Commission.
    Comments, Motions to Intervene, and Protests may be filed
electronically via the Internet. See 18 CFR 385.2001(a)(l)(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.
    Please include the docket number (DI13-5-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed run-of-river Goose Creek
Hydropower Project will consist of: (1) An existing 27-foot-high,
concrete dam; (2) an Archimedes screw turbine with an installed
capacity of 496 kilowatts and a design head of 20 feet; (3) a
transmission line connected to a net metering location at the Goose
Creek Water Treatment Plant operated by the City of Fairfax; and (4)
appurtenant facilities. The power generated will be used by the City of
Fairfax to drive the water pumps at their water treatment plant. The
city currently uses electricity provided by Dominion Virginia Power
through its power grid.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy or affect public lands or
reservations of the United States; (3) would utilize surplus water or
water power from a government dam; or (4) if applicable, has involved
or would involve any construction subsequent to 1935 that may have
increased or would increase the project's head or generating capacity,
or have otherwise significantly modified the project's pre-1935 design
or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the Docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is also
available for inspection and reproduction at the address in item (h)
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--All filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
Motion to Intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

    Dated: April 22, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-09984 Filed 4-26-13; 8:45 am]
BILLING CODE 6717-01-P