[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Notices]
[Page 62614-62616]
[DOCID:fr30no09-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61033; File No. SR-NYSEArca-2009-100]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Rules
5.17 and 6.8

November 19, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 5, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rules 5.17 and 6.8
pertaining to Exemptions from Position Limits. The text of the proposed
rule change is attached as Exhibit 5 to the 19b-4 form. A copy of this
filing is available on the Exchange's Web site at http://www.nyse.com,
at the Exchange's principal office and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend NYSE Arca Rules
5.17 and 6.8 to enable OTP Holders and OTP Firms to rely on position
limit exemptions granted by other options exchanges under specified
circumstances. This proposed rule change is based on Chapter III,
Section 8 and Chapter XIV Section 8, of Options Rules of the NASDAQ
Stock Market, LLC (``NOM'').
    NYSE Arca rules governing position limit exemptions for stock index
options are generally found in Rule 5.17. NYSE Arca rules governing
position limit exemptions for non-index options are generally located
in Rule 6.8, Commentary .07-.09. These rules include a number of
position limit exemptions available to OTP Holders and OTP Firms. Rules
5.17 and 6.8,

however, do not have a provision that recognizes position limit
exemptions that are granted to OTP Holders and OTP Firms by other
option exchanges, as provided for in NOM Rules in Chapter III, Section
8 for non-index options and Chapter XIV, Section 8 for index options.
In light of the desirability to have similar position limit standards,
the Exchange proposes to add a similar an [sic] exemption to both Rule
5.17 and Rule 6.8.
    Specifically, the Exchange proposes to add new Rule 5.17(c) and new
Rule 6.8 Commentary .07(iv) to address position limit exemptions
granted by other options exchanges. This proposed rule [sic] will
provide that an OTP Holder or OTP Firm may rely upon any valid
exemption from applicable position limits that has been granted by
another options exchange for any options contract traded on NYSE Arca,
provided that such OTP Holder or OTP Firm provides the Exchange either
with a copy of any written exemption issued by another options exchange
or with a written description of any exemption issued by another
options exchange that is not in writing, where such description
contains sufficient detail for Exchange [sic] to verify the validity of
that exemption with the issuing options exchange. In addition, such OTP
Holder or OTP Firm must fulfill all conditions precedent for such
exemption and comply at all times with the requirements of such
exemption with respect to trading on the Exchange.
    The Exchange notes that position limits tend to be similar across
options exchanges, which is desirable in light of cross option exchange
membership(s) and multiple listing and trading of similar product(s) on
different exchanges. Because OTP Holders and OTP Firms frequently have
membership and/or trading privileges on other options exchanges, it is
important that ad hoc position limit exemptions granted by other
options exchanges (``exemption grants'') are available to OTP Holders
and OTP Firms to the extent that such exemption grants are reduced to
writing and verifiable by the Exchange.
    These new proposed rules do not give the Exchange the ability to
alter the scope of these exemptions but only to recognize the exemption
so that the position limit process would be the same across the
exchanges.
    For example, an OTP Firm may go to another options exchange of
which it is a member, such as the International Securities Exchange
(``ISE''), or NOM to request a position limit exemption (exemption
grant) for option contracts in the SPDRs (SPY). The other exchange
provides the exemption grant until expiration in the same month to this
particular firm for this particular issue (SPY). Should the same OTP
Firm want to trade SPY on the NYSE Arca to the extent of the exemption
grant, the Exchange's proposed rule change would allow it to do so, but
only to the extent that the firm provides the Exchange with a copy of
the written exemption grant provided by the issuing exchange or, if the
exemption is not in writing, to the extent that said OTP Firm provides
the Exchange with sufficient detail for Exchange regulatory staff to be
able to verify the validity of the exemption grant with the issuing
options exchange.\4\
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    \4\ Additionally, the OTP Firm would have to fulfill all
conditions precedent for such exemption grant and comply with the
requirements of such exemption with respect to trading on the
Exchange.
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    The Exchange believes that by adding uniformity and predictability
to the position limit process, the proposed rule change should be
beneficial to the Exchange, OTP Holders and OTP Firms, and their
customers. Moreover, the proposed rule change should promote
competition by allowing trades across options exchanges that are
similar in respect of position limits.\5\
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    \5\ The Exchange notes that all reporting requirements, such as
Rule 6.6 (Reporting of Options Positions) remains in force.
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    The Exchange is also proposing to revise the rule numbering
convention contained in the Commentary to Rule 6.8. This change is
being made for technical purposes only in order to provide clarity to
rules governing position limit exemptions on NYSE Arca. The renumbering
of the rules has no material effect on the actual meaning of the rules.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \7\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
and to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest, by allowing the Exchange to have uniform position
limit procedures.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
will bring uniformity and predictability to the position limit process.
Accordingly, the Commission hereby grants the Exchange's request and
designates the proposal operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rules impact on
efficiency, competition and capital formation. See 15 U.S.C. 78c(f).

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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-100 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-100. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission,\15\ all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Section, 100 F Street, NE., Washington, DC 20549-1090 on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of the filing will also be available for inspection and copying at NYSE
Arca's principal office and on its Internet Web site at www.nyse.com.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NYSEArca-2009-
100 and should be submitted on or before December 21, 2009.
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    \15\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov/.
    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-28535 Filed 11-27-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74077-74078]
[FR Doc No: 2021-28298]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC21-125-000; EC21-128-000.
    Applicants: PSEG Fossil LLC, PSEG Fossil Sewaren Urban Renewal LLC,
PSEG Keys Energy Center LLC, PSEG Energy Resources & Trade LLC, Parkway
Generation, LLC, Parkway Generation Essex, LLC, PSEG New Haven LLC,
PSEG Power Connecticut LLC, PSEG Power New York LLC, Generation Bridge
II, LLC.
    Description: Response to December 6, 2021 Deficiency Letter of PSEG
New Haven LLC, et al.
    Filed Date: 12/17/21.
    Accession Number: 20211217-5420.
    Comment Date: 5 p.m. ET 1/7/22.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-32-000.
    Applicants: Flower Valley II LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Flower Valley II LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5203.
    Comment Date: 5 p.m. ET 1/11/22.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3079-019.
    Applicants: Tyr Energy LLC.
    Description: Updated Market Power Analysis for Southwest Power Pool
Inc. Region of Tyr Energy LLC.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5161.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER15-1873-013.
    Applicants: Buckeye Wind Energy LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of Buckeye Wind Energy LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5218.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER16-1720-019.
    Applicants: Invenergy Energy Management LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of Invenergy Energy Management LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5216.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER18-1639-014.
    Applicants: Constellation Mystic Power, LLC.
    Description: Compliance filing: Sixth Compliance Filing to be
effective 6/1/2022.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5218.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER18-471-007; ER18-472-007.
    Applicants: States Edge Wind I Holdings LLC, States Edge Wind I
LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of States Edge Wind I LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5219.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER18-784-005.
    Applicants: Upstream Wind Energy LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of Upstream Wind Energy LLC.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5159.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER20-387-003.
    Applicants: Traverse Wind Energy LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of Traverse Wind Energy LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5267.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER20-388-003.
    Applicants: Traverse Wind Energy Holdings LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of Traverse Wind Energy Holdings LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5268.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER20-956-002.
    Applicants: Thunderhead Wind Energy LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of Thunderhead Wind Energy LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5266.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER21-2137-002.
    Applicants: IR Energy Management LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of IR Energy Management LLC.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5217.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER21-2600-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing in Response to
Order issued in ER21-2600 (L and O) to be effective 12/1/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5043.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-69-000.
    Applicants: Indeck Niles, LLC.
    Description: Supplement to October 7, 2021 Indeck Niles, LLC tariff
filing.
    Filed Date: 11/15/21.
    Accession Number: 20211115-5226.
    Comment Date: 5 p.m. ET 1/3/22.

    Docket Numbers: ER22-703-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to PJM's FTR
Credit Requirement and Request for 28-Day Comment Period to be
effective 2/27/2022.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5202.
    Comment Date: 5 p.m. ET 1/11/22.

    Docket Numbers: ER22-705-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205: Market Power Mitigation
Measures that apply to uneconomic production to be effective 2/21/2022.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5059.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-706-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to the Formula
Rate for Southwestern Public Service Co. (``SPS'') to be effective 10/
1/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5100.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-707-000.
    Applicants: ISO New England Inc., New England Power Company.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: New England Power; Second Revised
Service Agreement No. TSA-NEP-86 to be effective 1/1/2022.

    Filed Date: 12/22/21.
    Accession Number: 20211222-5117.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-708-000.
    Applicants: Alabama Power Company.
    Description: Tariff Amendment: Jefferson County Solar LGIA
Termination Filing to be effective 12/22/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5128.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-709-000.
    Applicants: Missouri Joint Municipal Electric Utility Commission,
Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Missouri Joint Municipal
Electric Utility Commission submits tariff filing per 35.13(a)(2)(iii:
Missouri Joint Municipal Electric Utility Commission Formula Rate to be
effective 12/31/9998.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5129.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-710-000.
    Applicants: Alabama Power Company.
    Description: Tariff Amendment: Sycamore Solar LGIA Termination
Filing to be effective 12/22/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5130.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-711-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Sawmill Junction Solar Park
Amended and Restated LGIA Filing to be effective 11/9/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5131.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-712-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6274; Queue No. AE2-133 to be effective 11/23/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5138.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-713-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Transmission
Systems, Incorporated submits tariff filing per 35.13(a)(2)(iii: ATSI
submits one ECSA, SA No. 6145 to be effective 2/21/2022.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5164.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-714-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Mid-Atlantic Interstate
Transmission, LLC submits tariff filing per 35.13(a)(2)(iii: MAIT
submits two ECSAs, SA Nos. 6146 and 6147 to be effective 2/21/2022.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5168.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-715-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ISA, SA No. 6276; Queue No.
AE2-060 to be effective 11/23/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5171.
    Comment Date: 5 p.m. ET 1/12/22.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES22-18-000.
    Applicants: Portland General Electric Company.
    Description: Amendment to Application Under Section 204 of the
Federal Power Act for Authorization to Issue Securities of Portland
General Electric Company.
    Filed Date: 12/21/21.
    Accession Number: 20211221-5222.
    Comment Date: 5 p.m. ET 1/4/22.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH22-3-000.
    Applicants: Consumers Energy Company.
    Description: CMS Energy Corporation submits FERC 65-B Notice of
Change in Fact to Waiver Notification.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5273.
    Comment Date: 5 p.m. ET 1/10/22.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 22, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-28298 Filed 12-28-21; 8:45 am]
BILLING CODE 6717-01-P