[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47062-47063]
[FR Doc No: 2012-19271]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Rejecting Request for Rehearing

------------------------------------------------------------------------
                                                           Project Nos.
------------------------------------------------------------------------
Northland Power Mississippi River LLC...................      14072-001,
                                                              14073-002,
                                                              14075-002,
                                                              14076-002,
                                                              14077-002,
                                                              14078-002,
                                                              14080-002,
                                                              14081-002,
                                                              14082-002,
                                                              14089-002,
                                                              14090-002,
                                                              14091-002,
                                                              14092-002,
                                                              14093-002,
                                                              14094-002,
                                                              14095-002,
                                                              14096-002,
                                                              14097-002,
                                                              14098-002,
                                                               14099-002
FFP Project 19 LLC......................................       12842-005
FFP Project 23 LLC......................................       12843-005
FFP Project 24 LLC......................................       12844-005
FFP Project 14 LLC......................................       12845-005
FFP Project 6 LLC.......................................       12848-004
FFP Project 7 LLC.......................................       12851-004
FFP Project 12 LLC......................................       12853-005
FFP Project 13 LLC......................................       12854-005
FFP Project 3 LLC.......................................       12856-005
FFP Project 18 LLC......................................       12857-004
FFP Project 16 LLC......................................       12858-005
FFP Project 28 LLC......................................       12861-005
FFP Project 20 LLC......................................       12869-005
FFP Project 32 LLC......................................       12921-004
FFP Project 33 LLC......................................       12924-004
FFP Project 39 LLC......................................       12925-004
FFP Project 30 LLC......................................       12927-004
------------------------------------------------------------------------

    On June 1, 2012, the Commission denied Northland Power Mississippi
River LLC's (Northland) request for rehearing of Commission staff
orders issuing successive preliminary permits to wholly-owned
subsidiaries of Free Flow Power Corporation (Free Flow) to study
hydrokinetic projects at sites along the Mississippi River.\1\ On July
2, 2012, Northland filed a request for rehearing of the Commission's
order denying rehearing.
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    \1\ Northland Power Mississippi River LLC, 139 FERC ] 61,177
(2012).
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    Rehearing of an order on rehearing lies when the order on rehearing
modifies the result reached in the original order in a manner that
gives rise to a wholly new objection.\2\ The Commission's June 1
rehearing order does not modify the result of the orders issuing
successive preliminary permits to Free Flow and denying Northland's
competing applications. Therefore, Northland's request for rehearing of
the June 1 order is rejected.\3\
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    \2\ See Duke Power, 114 FERC ] 61,148 (2006); Gustavus Electric
Co., 111 FERC ] 61,424 (2005); Symbiotic, L.L.C., 99 FERC ] 61,064
(2002); and PacifiCorp, 99 FERC ] 61,015 (2002). See also Southern
Natural Gas Co. v. FERC, 877 F.2d 1066, 1072-73 (D.C. Cir. 1999)
(citing Tennessee Gas Pipeline v. FERC, 871 F.2d 1099-100 (D.C. Cir.
1988)).
    \3\ Northland also seeks to raise new arguments regarding Free
Flow's diligence under its prior permits and the Commission's first-
in-time tiebreaker rule. Because these arguments could and should
have been raised earlier, they are untimely and may not be raised
now. Under section 313(a) of the Federal Power Act, 16 U.S.C.
825l(a) (2006), a party may apply for rehearing within thirty days
after the issuance of the order from which they are seeking
rehearing. However, the thirty-day limit is a jurisdictional one
which the Commission has no authority to waive, E.g., Kings River
Conservation Dist., 32 FERC ] 61,021, at 61,079 (1985).
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    This notice constitutes final agency action. Requests for rehearing
by the Commission of this rejection notice must be filed within 30 days
of the date of issuance of this notice pursuant to 18 CFR 385.713
(2012).

    Dated: August 1, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19271 Filed 8-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Notices]
[Page 54607-54610]
[DOCID:fr22oc09-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60832; File No. SR-BX-2009-066]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Order Granting Accelerated Approval of Proposed Rule Change
Relating to Chapter XII of the BOX Rules

October 16, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 14, 2009, NASDAQ OMX BX, Inc. (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 Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons,
and is approving the proposal on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Chapter XII of the Boston Options
Exchange (``BOX'') Rules by adding a new Section 5. The text of the
proposed rule change is available at the Commission's Public Reference
Room, the principal office of the Exchange, and on its Web site at
http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings.

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

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

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

1. Purpose
    The Exchange amended Chapter XII of the BOX Rules to reflect the
Exchange's filing to become a participant in the Options Order
Protection and Locked/Crossed Market Plan (``Decentralized Plan'').\3\
The Decentralized Plan applies many of the Regulation NMS \4\ price-

protection provisions to the options markets. Similar to Regulation
NMS, the Decentralized Plan requires Plan Participants to, among other
things, adopt rules ``reasonably designed to prevent Trade-Throughs \5\
in Eligible Options Classes \6\'', while providing exceptions for
certain transactions that track those provided under Regulation NMS,
correspond with unique aspects of the options market, or both.\7\
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    \3\ See Securities Exchange Act Release No. 60405 (July 30,
2009), 74 FR 39362 (August 6, 2009) (File No. 4-546) (Order
Approving the National Market System Plan Relating to Options Order
Protection and Locked/Crossed Market Plan). Terms not otherwise
defined herein shall have the meaning proscribed in the BOX Rules.
    \4\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
    \5\ A ``Trade-Through'' is defined as a transaction in an
options series, either as principal or agent, at a price that is
lower than a Protected Bid or higher than a Protected Offer. See
Section 2(21) of the Decentralized Plan; see also Chapter XII,
Section 1(q) of the BOX Rules. A ``Protected Bid'' or a ``Protected
Offer'' means a Bid or Offer in an option series, respectively, that
is disseminated pursuant to the OPRA Plan and is the Best Bid or
Best Offer, respectively, displayed by an Eligible Exchange. See
Section 2(17) of the Decentralized Plan; see also Chapter XII,
Section 1(n) of the BOX Rules. A ``Best Bid'' or ``Best Offer''
means the highest priced Bid or the lowest priced Offer. See Section
2(1) of the Decentralized Plan; see also Chapter XII, Section 1(a)
of the BOX Rules. A ``Bid'' or ``Offer'' means the bid price or the
offer price communicated by a member of an Eligible Exchange to any
Broker/Dealer, or to any customer, at which it is willing to buy or
sell, as either principal or agent, but would not include
indications of interest. See Section 2(2) of the Decentralized Plan;
see also Chapter XII, Section 1(b) of the BOX Rules.
    \6\ An ``Eligible Options Class'' is defined as all options
series overlying a security (as that term is defined in Section
3(a)(10) of the Exchange Act) or group of securities, including both
put options and call options, which class is traded on BOX and at
least one other Eligible Exchange. See Section 2(7) of the
Decentralized Plan; see also Chapter XII, Temporary Section 4(g)(2)
of the BOX Rules. An ``Eligible Exchange'' means a national
securities exchange registered with the Commission in accordance
with Section 6(a) of the Securities Exchange Act of 1934 (``Act'')
that is a Participant Exchange in OCC (as that term is defined in
Section VII of the OCC by-laws), is a party to the OPRA Plan (as
that term is defined in Section I of the OPRA Plan), and if the
national securities exchange is not a party to the Plan, is a
participant in another plan approved by the Commission providing for
comparable Trade-Through and Locked and Crossed Market protection.
See Section 2(6) of the Decentralized Plan; see also Chapter XII,
Section 1(f).
    \7\ See Section 5(b) of the Decentralized Plan.
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    The Commission previously approved certain Exchange rules and
definitions necessary to implement the Decentralized Plan.\8\ The
purpose of this filing is to amend Chapter XII of the BOX Rules to
provide for the use by BOX of certain non-affiliated third party
routing broker/dealers (``Routing Broker(s)'') to route options orders
to one or more Away Exchange(s) when such Away Exchange(s) display the
Best Bid or Best Offer in accordance with the Decentralized Plan. In
particular, the Exchange proposes to add to Chapter XII of the BOX
Rules, a new rule that would govern the outbound order routing process
(``Order Routing Rule'').\9\
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    \8\ See Securities Exchange Act Release No. 60530 (August 18,
2009), 74 FR 43200 (August 26, 2009) (SR-BX-2009-028).
    \9\ See proposed Chapter XII, Section 5 of the BOX Rules.
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    The use of the Routing Broker to route orders to one or more Away
Exchange(s) will be optional and available only to BOX Options
Participants. In the event an Options Participant does not want to use
the Routing Broker it must simply designate the order as do not
route.\10\ Only orders that are specifically designated by Options
Participants as eligible for routing will be routed to an Away Exchange
(``Eligible Orders''). However, Market-on-Opening Orders, any
Improvement Auction orders or any order identified with the condition
``Fill and Kill'' shall not be eligible for routing. BOX would only
route an Eligible Order in order to avoid a Trade-Through or a locked
or crossed market, pursuant to the requirements of Chapter XII,
Sections 2 and 3 of the BOX Rules and consistent with the Decentralized
Plan, when the order has not been executed in its entirety on BOX.\11\
All Eligible Orders entered on BOX that are routed via the Routing
Broker that result in an execution shall be binding on the Options
Participant that entered such Eligible Order.
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    \10\ Options Participants must indicate for each order whether
the order is eligible for routing or not.
    \11\ At this time BOX will not be sending ISOs to Away Markets,
as defined in Chapter V, Section 14(c)(vi) of the BOX Rules.
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    The full or remaining quantity of an Eligible Order will be routed
to one or more Away Exchange(s) as Immediate or Cancel (``IOC'') limit
order(s) priced at the current NBBO. Multiple IOC limit order(s) may be
routed to Away Exchanges with the best Protected Bid or Protected Offer
until the Eligible Order quantity is fully executed or the limit price
is reached. If the Eligible Order is not executed in its entirety at
the Away Exchange(s) or its limit price is reached, then it will be
returned to BOX and the remainder of the Eligible Order will be treated
as a new order. While an Eligible Order remains outside BOX, it would
have no time standing relative to other orders received from Options
Participants at the same price that could be executed against interest
on the BOX Book. Requests from Options Participants to cancel their
Eligible Order while routed to one or more Away Exchange(s) would be
processed subject to the applicable trading rules of the Away
Exchange(s).
    As stated above, the Exchange proposes that BOX would route
Eligible Orders to Away Exchanges under certain circumstances
(``Routing Services''). BOX would provide its Routing Services pursuant
to the terms of an agreement between BOX and each Routing Broker that
provides Routing Services (``BOX Routing Agreement'').
    The Exchange proposes that BOX provide its Routing Services in
compliance with its own rules and with the provisions of the Act and
the rules thereunder, including, but not limited to, the requirements
in Sections 6(b)(4) and (5) of the Act \12\ that the rules of a
national securities exchange provide for the equitable allocation of
reasonable dues, fees, and other charges among its members and issuers
and other persons using its facilities, and not be designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b)(4) and (5).
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    As a provider of Routing Services, the Exchange proposes that BOX
would enter into a Routing Agreement for the necessary routing
technology to be used in connection with its own systems and
accordingly would control the logic that determines when, how, and
where orders are routed to Away Exchanges. The Routing Broker cannot
change the routing logic.
    The Exchange also proposes that BOX establish and maintain
procedures and internal controls reasonably designed to adequately
restrict the flow of confidential and proprietary information between
BOX and the Routing Broker, and any other entity, including any
affiliate of the Routing Broker, and, to the extent the Routing Broker
reasonably receives confidential and proprietary information, that
adequately restrict the use of such information by the Routing Broker
to legitimate business purposes necessary for routing orders at the
direction of BOX; and, if the Routing Broker or any of its affiliates
engages in any other business activities other than providing routing
services to BOX, between the segment of the Routing Broker or affiliate
that provides the other business activities and the segment of the
Routing Broker that provides the routing services.\13\ The Routing
Agreement would include terms and conditions that enable BOX to comply
with these proposed requirements.
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    \13\ BOX may not use a Routing Broker for which the Exchange or
any affiliate of the Exchange is the designated examining authority.
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    The Exchange requests that this proposal be approved on a pilot
basis for three (3) months starting from the date of the approval of
this filing.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) of the

Act,\14\ in general, and Section 6(b)(5) of the Act,\15\ in particular,
in that it will promote just and equitable principles of trade;
facilitate transactions in securities; remove impediments to and
perfect the mechanism of a free and open market and a national market
system; and, in general, protect investors and the public interest. The
Exchange believes that the proposed rule change also is designed to
support the principles of Section 11A(a)(1) \16\ in that it seeks to
assure economically efficient execution of securities transactions. In
particular, the proposed rule change will allow BOX to establish and
implement mechanisms to remain fully compliant with the Decentralized
Plan, BOX Rules, and its best execution obligations.
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    \14\ 15 U.S.C. 78(f)(b).
    \15\ 15 U.S.C. 78(f)(b)(5).
    \16\ 15 U.S.C. 78k-1(a)(1).
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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 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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. 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-BX-2009-066 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-066. 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, 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 Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. 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-BX-
2009-066 and should be submitted on or before November 12, 2009.

IV. Commission's Findings and Order Granting Accelerated Approval of a
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\17\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\18\ which requires, among
other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices; to
promote just and equitable principles of trade; to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities; to remove impediments to and perfect the
mechanism of a free and open market and a national market system; and,
in general, to protect investors and the public interest; and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
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    As described above, BOX Options Participants may designate orders
to be routed to another market center when trading interest is not
available on BOX. Orders designated for routing will be routed to avoid
a Trade-Through or a locked or crossed market, when an order has not
been executed in its entirety on BOX. Orders routed to other markets do
not retain time priority with respect to orders on BOX. If a routed
order is returned to BOX in whole or in part, that order (or remainder)
will be treated as a new order, with a new time stamp. All orders
entered on BOX that are routed via the Routing Broker that result in an
execution shall be binding on the BOX Options Participant that entered
such order.
    Use of the Exchange's Routing Services will be optional,\19\ and
the Exchange will be responsible for routing decisions and will retain
control of the routing logic.\20\ Neither the Exchange, nor any
affiliate of the Exchange, may be the designated examining authority
for a Routing Broker.\21\ The Commission also notes that the rule
contemplates procedures and internal controls designed to protect
confidential and proprietary information, which should help ensure that
a Routing Broker does not misuse routing information obtained from the
Exchange. In addition, the Exchange will provide its Routing Services
in compliance with its own rules and with the provisions of the Act and
the rules thereunder, including, but not limited to, the requirements
in Sections 6(b)(4) and (5) of the Act \22\ that the rules of a
national securities exchange provide for the equitable allocation of
reasonable dues, fees, and other charges among its members and issuers
and other persons using its facilities, and not be designed to permit
unfair discrimination between customers, issuers, brokers, or
dealers.\23\ In light of these protections, the Commission believes
that BOX's rules and procedures regarding the Routing Services are
consistent with the Act.
---------------------------------------------------------------------------

    \19\ See supra note 10.
    \20\ See supra note 13.
    \21\ See proposed BOX Rule Chapter XII, Section 5, Supplementary
Material .01(d).
    \22\ 15 U.S.C. 78f(b)(4) and (5).
    \23\ See proposed BOX Rule Chapter XII, Section 5, Supplementary
Material .01(a).
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    The Exchange has asked the Commission to accelerate approval of the
proposed rule change. The Exchange notes that its proposal is
consistent with prior Commission action,\24\ and that accelerated
approval will allow BOX to establish and implement mechanisms to remain
fully compliant with the

Decentralized Plan and BOX Rules. The Exchange also states that
accelerated approval will allow BOX to be fully compliant with the
Decentralized Plan and no longer rely on a Commission-granted exemption
\25\ from Rule 608(c) of Regulation NMS, which requires BOX to comply
with, and enforce compliance by its members with, certain provisions of
the Decentralized Plan.\26\ The exemption is currently set to expire on
October 31, 2009.\27\ The Commission finds good cause for approving the
proposed rule change before the thirtieth day after the date of
publication of notice of filing thereof in the Federal Register. The
Commission notes that the Exchange's proposal is consistent with rules
approved for other national securities exchanges.\28\ Also, approval on
an accelerated basis will allow BOX an opportunity to comply with the
terms of the Decentralized Plan prior to the expiration of its
exemption, while the proposed pilot period will allow interested
parties an opportunity to comment on the proposal before permanent
approval. Accordingly, the Commission finds good cause, consistent with
Section 19(b)(2) of the Act,\29\ to approve the proposed rule change on
an accelerated basis for a pilot period expiring January 15, 2010.
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    \24\ See SR-BX-2009-066, Item 7; see also Securities Exchange
Act Release No. 60551 (August 20, 2009), 73 FR 43196 (August 26,
2009) (SR-CBOE-2009-040).
    \25\ See letter from Elizabeth K. King, Associate Director,
Division of Trading and Markets, Commission, to Maura A. Looney,
Associate Vice President. NASDAQ OMX BX, Inc., dated August 28, 2009
(granting the Exchange's request under Rule 608(e) of Regulation NMS
for a Temporary Exemption from Certain Provisions of the Options
Order Protection and Locked/Crossed Market Plan) (``Exemption
Letter'').
    \26\ See SR-BX-2009-066, Item 7.
    \27\ See Exemption Letter, supra note 25.
    \28\ See, e.g., supra note 24.
    \29\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-BX-2009-066) is hereby approved on an
accelerated basis for a pilot period to expire on January 15, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25338 Filed 10-21-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 11, 2005 (Volume 70, Number 195)]
[Notices]
[Page 59062]
[DOCID:fr11oc05-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RT01-27-000]

Electric Energy, Inc.; Notice of Filing

October 4, 2005.
    Take notice that on September 1, 2005, Electric Energy, Inc. (EEI)
pursuant to the Commission's letter order issued February 8, 2005,
submitted a report on its recent and current efforts with respect to
regional transmission organizations.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 14, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5550 Filed 10-7-05; 8:45 am]

BILLING CODE 6717-01-P