[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Page 36578]
[FR Doc No: 2020-13025]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1985-000]

Northern Colorado Wind Energy Center, LLC; Supplemental Notice
That Initial Market-Based Rate Filing Includes Request for Blanket
Section 204 Authorization

    This is a supplemental notice in the above-referenced Northern
Colorado Wind Energy Center, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 1, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http:/ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
exception occurred on : 2020-13025.htm
exception occurred on : 2020-13025.htm
Regulatory Commission at ferc.gov">[email protected]ferc.gov or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: June 11, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13025 Filed 6-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 19, 2007 (Volume 72, Number 138)]
[Notices]
[Page 39653-39654]
[DOCID:fr19jy07-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56048; File No. SR-NYSEArca-2007-62]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the One
Week Option Series Pilot Program

 July 11, 2007.
    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 July 3, 2007, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been substantially prepared by the Exchange. The Exchange has
designated this proposal as non-controversial under Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposed rule change effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend its rules to extend the One Week
Option Series pilot program (``Pilot Program'') for an additional one-
year period, through July 12, 2008. The text of the proposed rule
change is available on the Exchange's Web site (http://www.nysearca.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 Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On July 12, 2005, the Commission approved the Pilot Program,\5\
which allows NYSE Arca to list and trade One Week Option Series. Under
the terms of the Pilot Program, the Exchange can select up to five
options classes on which One Week Option Series may be opened on any
One Week Option Opening Date. The Exchange is also allowed to list One
Week Option Series on any option class that is selected by other
securities exchanges that employ a similar Pilot Program under their
respective rules.
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    \5\ See Securities Exchange Act Release No. 34-52013 (July 12,
2005), 70 FR 41471 (July 19, 2005) (File No. SR-PCX-2005-32).
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    The Pilot Program currently expires on July 12, 2007.\6\ The
purpose of this proposal is to extend the Pilot Program for one year,
through July 12, 2008. The Exchange believes that the Pilot Program
provides investors with a flexible and valuable tool to manage risk
exposure, minimize capital outlays, and be more responsive to the
timing of events affecting the securities that underlie option
contracts. While NYSE Arca has not listed any One Week Option Series
during the Pilot Program, there has been investor interest in trading
short-term options at the Chicago Board Options Exchange. In order to
have the ability to respond to customer interest if warranted, the
Exchange proposes the continuation of the Pilot Program at NYSE Arca.
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    \6\ See Securities Exchange Act Release No. 34-54052 (June 27,
2006), 71 FR 38679 (July 7, 2006) (File No. SR-NYSEArca-2006-29).
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    In the original proposal to establish the Pilot Program, the
Exchange stated that if it were to propose an extension or an expansion
of the program, the Exchange would submit, along with any filing
proposing such amendments to the program, a Pilot Program report
(``Report''). The Report would provide an analysis of the Pilot Program
covering the entire period during which the Pilot Program was in
effect. Since the Exchange did not have any One Week Option Series
listed during the preceding year of the Pilot Program, there is no data
available to compile such a report at this time. Therefore, there is no
Report associated with the program included with this proposal to
extend the pilot Program.
    The Exchange represents that it has the necessary system capacity
needed to support any additional option series listed under the Pilot
Program.
2. Statutory Basis
    The Exchange believes that the One Week Option Series can stimulate
customer interest in options and provide a flexible and valuable tool
to manage risk exposure, minimize capital outlays, and be more
responsive to the timing of events affecting the securities that
underlie option contracts. For these reasons, the Exchange believes the
proposed rule change is consistent with the requirements of Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and perfect the mechanism
for a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change will not 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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any

significant burden on competition; and (3) does not become operative
for 30 days from the date of filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest. Therefore, the foregoing rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\ The Exchange has
asked the Commission to waive the operative delay to permit the Pilot
Program extension to become operative prior to the 30th day after
filing.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change at least five business before doing so.
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the benefits of the Pilot Program to continue
without interruption.\12\ Therefore, the Commission designates the
proposal operative upon filing.\13\
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    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \13\ As set forth in the Exchange's original filing proposing
the Pilot Program, if the Exchange were to propose an extension, an
expansion, or permanent approval of the Pilot Program, the Exchange
would submit, along with any filing proposing such amendments to the
program, a report that would provide an analysis of the Pilot
Program covering the entire period during which the Pilot Program
was in effect. The report would include, at a minimum: (1) Data and
written analysis on the open interest and trading volume in the
classes for which One Week Option Series were opened; (2) an
assessment of the appropriateness of the option classes selected for
the Pilot Program; (3) an assessment of the impact of the Pilot
Program on the capacity of the Exchange, OPRA, and market data
vendors (to the extent data from market data vendors is available);
(4) any capacity problems or other problems that arose during the
operation of the Pilot Program and how the Exchange addressed such
problems; (5) any complaints that the Exchange received during the
operation of the Pilot Program and how the Exchange addressed them;
and (6) any additional information that would assist in assessing
the operation of the Pilot Program. The report must be submitted to
the Commission at least sixty (60) days prior to the expiration date
of the Pilot Program. See Form 19b-4 for File No. SR-PCX-2005-32,
filed March 7, 2005.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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 No. SR-NYSEArca-2007-62 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-62. 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 Commissions 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, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-2007-62 and should
be submitted on or before August 9, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E7-13958 Filed 7-18-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 11, 2007 (Volume 72, Number 132)]
[Notices]
[Page 37745-37746]
[DOCID:fr11jy07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-200-178]

CenterPoint Energy Gas Transmission Company; Notice of Negotiated
Rate Filing

July 3, 2007.
    Take notice that on June 28, 2007, CenterPoint Energy Gas
Transmission Company (CEGT) tendered for filing and approval an
amendment to a negotiated rate agreement between CEGT and Enbridge
Marketing (U.S.), LP. The amended agreement will be effective July 1,
2007.

    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    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 on-line 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>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-13465 Filed 7-10-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 28, 2007 (Volume 72, Number 124)]
[Notices]
[Page 35453-35454]
[DOCID:fr28jn07-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-200-027]

Rockies Express Pipeline LLC; Notice of Tariff and Negotiated
Rate Filing

June 20, 2007.
    Take notice that on June 18, 2007, Rockies Express Pipeline LLC
(REX) tendered for filing as part of its FERC Gas Tariff, First Revised
Volume No. 1, Twenty-Second Revised Sheet No. 22, to be effective June
19, 2007.
    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    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 on-line 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 (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-12474 Filed 6-27-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Page 29021]
[FR Doc No: 2011-12359]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Written Re-Evaluation and Record of Decision for the Final
Environmental Impact Statement for the Relocation of the Panama City-
Bay County International Airport

AGENCY: FAA, DOT.

ACTION: Notice of availability of written re-evaluation and Record of
Decision for the Final Environmental Impact Statement for the
Relocation of the Panama City-Bay County International Airport (2006)
Release and Disposal of the Panama City-Bay County International
Airport.

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SUMMARY: In September 2006, the FAA issued a Record of Decision (ROD)
for actions associated with the proposed relocation of the Panama City-
Bay County International Airport (PFN) in Bay County, Florida. The
FAA's ROD was based on information and analysis contained in the FAA's
2006 FEIS for the project. The new airport approved in the 2006 ROD was
named the Northwest Florida Beaches International Airport (ECP), and
began operations at the new site in May 2010. The FAA noted in the 2006
FEIS that further federal action would be necessary to decommission and
dispose of the existing airport property from aeronautical use, and
that additional environmental review would be necessary due to the
preliminary nature of the redevelopment information. In April 2010, the
Airport Sponsor requested full release of the old airport property from
federal grant obligations. Subsequent to this request, the FAA
published a notice in the Federal Register (FR) in August 2010,
regarding the intent to rule on the Panama City-Bay County Airport and
Industrial District (Airport Sponsor) request to release airport
property at PFN. The Federal Action addressed in the written
reevaluation is FAA approval of the disposal (closure) of the Panama
City-Bay County International Airport (PFN) property and release of
PFN's grant obligations. Based on the best information currently
available regarding reuse of the PFN site, the written reevaluation
assessed the continuing validity of the environmental analysis
contained in the 2006 FEIS with regard to the disposal and release
actions requested by the Airport Sponsor. After the written
reevaluation was completed and based on information contained therein,
the FAA signed a ROD environmentally approving disposal of the property
and release of grant obligations on May 5, 2011. This is not, however,
the final step in the disposal and release process. Upon FAA's final
approval of the disposal of the property, the Airport Sponsor will be
released from their grant obligations over the property known as PFN.

FOR FURTHER INFORMATION CONTACT: Virginia Lane, Environmental
Protection Specialist, Federal Aviation Administration, Orlando
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822-5024.<PHONE_NUMBER> Ext. 129.

    Issued in Orlando, Florida, on May 12, 2011.
W. Dean Stringer,
Manager, FAA Orlando Airports District Office.
[FR Doc. 2011-12359 Filed 5-18-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27487-27488]
[DOCID:fr11my06-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-826-000, et al.]

PJM Interconnection, L.L.C., et al.; Electric Rate and Corporate
Filings

May 4, 2005.
    The following filings have been made with the Commission. The
filings are listed in ascending order within each docket
classification.

1. Vermont Electric Power Company and Vermont Transco LLC

[Docket Nos. EC06-115-000]

Central Vermont Public Service Corporation and Green Mountain Power
Corporation

[EC06-116-000]

Vermont Electric Power Company, Vermont Transco LLC, ISO New England,
Inc., Central Vermont Public Service Corporation, Vermont Electric
Cooperative, Inc.

[ER06-900-000]

Vermont Electric Power Company and Vermont Transco LLC

[AC06-107-000]

    Take notice that on April 20, 2006, Vermont Electric Power Company
(VELCO) tendered for filing an application pursuant to section 203 of
the Federal Power Act for authorization of a disposition of
jurisdictional facilities whereby virtually all of its transmission
assets will be transferred to Vermont Transco LLC, a limited liability
company being created under Vermont law, in exchange for a membership
interest and other consideration. VELCO further states that in
conjunction with the transaction, VELCO and VTransco proposed to
transfer, cancel and/or modify several rate schedules that pre-date the
provision of service under an open access transmission tariff and
several service agreements executed under VELCO's local OATT, which are
currently under VELCo's local service schedule in ISO New England's
FERC Electric Tariff No. 3. VELCO and VTransco requests authorization
to treat the costs associated with the transactions as regulatory
assets that will be amortized and recovered over fifteen years.
    ISO New England Inc., Central Vermont Public Service Corporation,
Green mountain Power Corporation and Vermont Electric Cooperative, Inc.
have joined in this filing for the limited purpose of proposing
modifications to the regional documents in New England, including the
ISO New England's FERC Electric Tariff No. 3, including several local
service schedules contained in Schedule 21. In addition, Central
Vermont and Green Mountain Power requests authorization pursuant to
section 203 of the Federal Power Act to acquire membership units that
are being issued by VTransco.
    Comment Date: 5 p.m. Eastern Time on May 15, 2006.

2. Indeck Energy Services of Silver Springs, Inc.

[Docket No. EG06-40-000]

    Take notice that on April 3, 2006, Indeck Energy Services of Silver
Springs, Inc. filed an amendment to its notice of self certification of
exempt wholesale generator status filed on March 10, 2006.
    Comment Date: 5 p.m. Eastern Time on May 18, 2006

3. PJM Interconnection, L.L.C.

[Docket Nos. ER06-826-000 and ER06-826-001]

    Take notice that on April 27, 2006, PJM Interconnection, L.L.C
filed revised tariff sheets in reference to its Market Monitoring Plan
filed with the Commission on April 3, 2006. PJM proposes a new
effective date of July 17, 2006 for the revised tariff sheets.
    Comment Date: 5 p.m. Eastern Time on June 8, 2006.

4. PJM Transmission Owners

[Docket No. ER06-880-000]

    Take notice that on April 20, 2006 PJM Transmission Owners jointly
filed modifications to Schedule 12 of the PJM Open Access Transmission
Tariff to clarify the allocations of transmission expansion costs to
merchant transmission owners and the calculations of transmission
enhancement charges for point-to-point transmission customers.
    Comment Date: 5 p.m. Eastern Time on May 12, 2006.

 5. Catalyst Vidalia Corporation, Catalyst Vidalia Holding Corporation,
Catalyst Vidalia Acquisition Corporation, The Catalyst Group, Inc.

[Docket No. PH06-44-000]

    Take notice that on April 26, 2006, Catalyst Vidalia Corporation,
Catalyst Vidalia Holding Corporation, Catalyst Vidalia Acquisition
Corporation, and The Catalyst Group, Inc. filed a notification of
exemption pursuant to Order Nos. 667 and 667-A and 18 CFR 366.3(b) and
366.4(b)(1), seeking exemption from the requirements of the Public
Utility Holding Company Act of 2005.
    Comment Date: 5 p.m. Eastern Time on May 17, 2006.

6. New Jersey Resources Corporation

[Docket No. PH06-45-000]

    Take notice that on April 27, 2006 New Jersey Resources Corporation
filed a notice of petition for exemption from the requirements of
public utility holding company act of 2005, pursuant to 18 CFR 366.3(b)
and 366.4(b)(1).
    Comment Date: 5 p.m. Eastern Time on May 15, 2006.

7. Green Mountain Power Corporation

[Docket No. PH06-46-000]

    Take notice that on May 1, 2006 Green Mountain Power Corporation
(GMP) on behalf of itself and its partially owned subsidiary, Vermont
Electric Power Company, Inc. (VELCO) submitted a notice of petition for
waiver of the Commission's regulations under the Public Utility Holding
Company Act of 2005 pursuant to 18 CFR 366.3(c)(1) because GMP and
VELCO are single-state holding company.
    Comment Date: 5 p.m. Eastern Time on May 22, 2006.

Standard Paragraph

    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. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    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 on-line 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-7158 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: August 2, 2006 (Volume 71, Number 148)]
[Notices]
[Page 43829-43831]
[DOCID:fr02au06-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54221; File No. SR-NASDAQ-2006-005]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change and Amendments No. 1 and 2
Thereto To Modify Nasdaq's Delisting Procedures To Conform to Recent
Amendments to Commission Rules Regarding Removal From Listing and
Withdrawal From Registration

July 26, 2006.

I. Introduction

    On April 4, 2006, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend Nasdaq delisting
procedures to conform to recent amendments to Commission rules
regarding removal from listing and withdrawal from registration. On May
5, 2006, Nasdaq filed Amendment No. 1 to the proposed rule change.\3\
On May 17, 2006, Nasdaq filed Amendment No. 2 to the proposed rule
change.\4\ The proposed rule change, as amended, was published for
comment in the Federal Register on June 15, 2006.\5\ No comments were
received regarding the proposal. This order approves the proposed rule
change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced the original proposed rule change
in its entirety.
    \4\ In Amendment No. 2, Nasdaq amended the implementation date
of the proposed rule change to the later of Commission approval or
the date Nasdaq begins to operate as a national securities exchange.
    \5\ See Securities Exchange Act Release No. 53964 (June 8,
2006), 71 FR 34656.
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II. Description of the Proposed Rule Change

    Section 12 of the Act\6\ and Rule 12d2-2 thereunder\7\ (``SEC Rule
12d2-2'') govern the process for the delisting and deregistration of
securities listed on national securities exchanges. Recent amendments
to SEC Rule 12d2-2 (``amended SEC Rule 12d2-2'') and other Commission
rules require the electronic filing of revised Form 25 on the
Commission's Electronic Data Gathering, Analysis, and Retrieval
(``EDGAR'') system by exchanges and issuers for all delistings, other
than delistings of standardized options and securities futures, which
are exempted.\8\
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    \6\ 15 U.S.C. 78l.
    \7\ 17 CFR 240.12d2-2.
    \8\ See Securities Exchange Act Release No. 52029 (July 14,
2005), 70 FR 42456 (July 22, 2005).
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    Nasdaq proposes to revise Nasdaq Rules 4480, 4804, 4805, 4806,
4807, 4808, 4809, and adopt Interpretative Material 4800 (``IM 4800'')
with respect to delisting procedural requirements as mandated by
amended SEC Rule 12d2-2.
    In the case of exchange-initiated delistings, amended SEC Rule
12d2-2(b) states that a national securities exchange may file an
application on Form 25 to strike a class of securities from listing
and/or withdraw the registration of such securities, in accordance with
its rules, if the rules of such exchange, at a minimum, provide for:
    (i) Notice to the issuer of the exchange's decision to delist its
securities;
    (ii) An opportunity for appeal to the exchange's board of
directors, or to a committee designated by the exchange's board of
directors; and
    (iii) Public notice of the national securities exchange's final
determination to remove the security from listing and/or registration,
by issuing a press release and posting notice on its Web site. Public
notice must be disseminated no fewer than 10 days before the delisting
becomes effective pursuant to amended SEC Rule 12d2-2(d)(1), and must
remain posted on its Web site until the delisting is effective.
    Nasdaq's rules currently provide the requisite issuer notice as
well as an opportunity for appeal to a committee designated by the
Nasdaq's board of directors.\9\ Nasdaq proposes to adopt IM 4800 to
incorporate the requirements of amended SEC Rule 12d2-2. Proposed IM
4800 sets forth the procedures Nasdaq would follow to remove a security
from listing. Under proposed IM 4800, Nasdaq would provide public
notice of its final determination to remove a security from listing by
issuing a press release and posting a notice on its Web site. Nasdaq
would disseminate the public notice no fewer than 10 days before the
delisting becomes effective. The public notice would remain on Nasdaq's
Web site until the delisting is effective. After the public notice,
Nasdaq would file a Form 25 with the Commission and would promptly
provide a copy of such form to the issuer.
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    \9\ See Nasdaq Rules 4803(a), 4805, 4806, 4807, 4808, and 4809.
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    With respect to issuer-initiated delisting procedures, Nasdaq
proposes to amend Nasdaq Rule 4480\10\ to require the issuer to:
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    \10\ Nasdaq proposes to renumber Nasdaq Rule 4480 to Nasdaq Rule
4380.
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    (i) Comply with all requirements of amended SEC Rule 12d2-2(c);
    (ii) Comply with all applicable laws in effect in the state in
which it is incorporated and with applicable Nasdaq rules;
    (iii) Provide notice to Nasdaq no fewer than 10 days before the
issuer files the Form 25 with the Commission, including a statement of
the material facts relating to the reasons for delisting;
    (iv) Contemporaneous with providing notice to Nasdaq, publish
notice of its intent to delist, along with its reasons, via a press
release and on its Web site, if it has one (any notice provided on the
Web site must remain available until the delisting is effective); and
    (v) Provide a copy of the Form 25 to Nasdaq simultaneously with the
filing of the Form 25 with the Commission.
    Nasdaq would provide notice on its Web site of the issuer's intent
to delist as required by amended SEC Rule 12d2-2(c)(3).
    Nasdaq also proposes that an issuer seeking to voluntarily delist a
class of securities that has received notice from Nasdaq that the
issuer fails to comply with one or more requirements for continued
listing, or is aware that it is below such continued listing
requirements notwithstanding that it has not received such notice, must
disclose this fact (including the specific continued listing
requirements that it is below) in: (i) Its statement of all material
facts relating to the reasons for withdrawal from listing provided to
Nasdaq, along with written notice of its

determination to withdraw from listing required by amended SEC Rule
12d2-2(c)(2)(ii) and (ii) its press release and Web site notice
required by amended SEC Rule 12d2-2(c)(2)(iii).
    In addition, Nasdaq proposes to amend Nasdaq Rule 4809 with respect
to the Nasdaq board of directors' discretionary review of delisting
decision by the Nasdaq Listing Council. Nasdaq proposes to allow its
board of directors to withdraw the call for review of a Listing Council
decision at any time prior to the issuance of a decision. Further, if
the Nasdaq board of directors has conducted a discretionary review of
the Listing Council decision, the decision of the Nasdaq board of
directors will take immediate effect, unless specified to the contrary.
    Finally, Nasdaq proposes to amend Nasdaq Rules 4804(e), 4806(e),
and 4807(f) to provide that Nasdaq will follow the proposed delisting
procedures in IM-4800.

III. Discussion

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange\11\
and, in particular, the requirements of Section 6 of the Act.\12\
Specifically, as discussed below, the Commission finds that the
proposal is consistent with Section 6(b)(5) of the Act,\13\ which
requires, in part, that the rules of an 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, and 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. Further, as noted in more
detail below, the changes being adopted by Nasdaq meet the requirements
of amended SEC Rule 12d2-2.
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    \11\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
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A. Exchange Delisting

    Amended SEC Rule 12d2-2(b) states that a national securities
exchange may file an application on Form 25 to strike a class of
securities from listing and/or withdraw the registration of such
securities, in accordance with its rules, if the rules of such
exchange, at a minimum, provide for notice to the issuer of the
exchange's decision to delist, opportunity for appeal, and public
notice of the exchange's final determination to delist. The Commission
believes that Nasdaq's current rules and procedures comply with the
dictates of amended SEC Rule 12d2-2(b).
    Nasdaq rules currently provide the requisite issuer notice as well
as an opportunity for appeal to a committee designated by Nasdaq's
Board.\14\ Specifically, issuers may appeal Nasdaq staff determinations
to the Listing Qualifications Panel, which is a panel composed of at
least two persons designated by the Nasdaq Board.\15\ Adverse decisions
by the Listing Qualifications Panel may be appealed to the Listing
Council.\16\ In addition, the Nasdaq Board may in its discretion call
any Listing Council decision for review.\17\ Finally, the proposed rule
change will provide for public notice of the Exchange's final
determination to remove the security from listing and/or registration.
This should ensure that investors have adequate notice of an exchange
delisting and is consistent with the protection of investors under
Section 6(b)(5) of the Act.\18\
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    \14\ See Nasdaq Rules 4804 (Written Notice of Staff
Determination) and 4805 (Request for Hearing).
    \15\ See Nasdaq Rules 4801(h) and 4806 (The Listing
Qualifications Panel).
    \16\ See Nasdaq Rule 4806(b).
    \17\ See Nasdaq Rule 4807(e).
    \18\ 15 U.S.C. 78f(b)(5).
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B. Issuer Voluntary Delisting

    In the case of an issuer-initiated delisting, Nasdaq proposes to
amend Nasdaq Rule 4380 and IM 4800 to require the issuer to:
    (i) Comply with applicable Exchange Rules and applicable state laws
in which it is incorporated;
    (ii) Provide notice to Nasdaq, no fewer than 10 days before the
issuer files the Form 25, including a statement of the material facts
relating to the reasons for delisting (effectively, the notice to
Nasdaq will be provided at least 20 days before the delisting becomes
effective); and
    (iii) Contemporaneous with providing notice to Nasdaq, publish
notice of its intent to delist, along with its reasons, via a press
release and on its Web site.
    The Commission also notes that Nasdaq will, as required by amended
SEC Rule 12d2-2(c)(3), post notice of issuer-initiated delistings on
Nasdaq's Web site beginning on the next business day following receipt
of notice from the issuer, and Nasdaq will keep the notice posted until
the delisting becomes effective. The Commission believes that the
amendment will better inform issuers of the requirements for voluntary
delisting of their securities under Nasdaq rules and Federal securities
laws.
    The proposal also sets forth a new requirement not in amended SEC
Rule 12d2-2 that would require the issuer to notify Nasdaq that it has
filed a Form 25 with the Commission contemporaneously with such filing.
The Commission believes that this requirement will allow Nasdaq to be
fully informed of the filing of a Form 25 and be prepared to take
timely action to delist the security in accordance with the filing of
the Form 25.
    In addition, Nasdaq proposes that an issuer seeking to voluntarily
delist a class of securities that has received a notice from Nasdaq
that the issuer fails to comply with one or more requirements for
continued listing, or that the issuer is aware that it is below such
continued listing requirements notwithstanding that it has not received
such notice from Nasdaq, must disclose this fact, including the
specific continued listing requirements that it is below, in: (i) Its
statement of all material facts relating to the reasons for withdrawal
from listing provided to Nasdaq along with written notice of the
issuer's determination to withdraw from listing required by amended SEC
Rule 12d2-2(c)(2)(ii) and (ii) its press release and Web site notice
required by amended SEC Rule 12d2-2(c)(2)(iii). The Commission believes
that this requirement will allow shareholders to be informed and aware
that the issuer has failed to meet Nasdaq continued listing
requirements and is voluntarily delisting. Issuers will therefore not
be permitted to delist voluntarily without public disclosure of their
noncompliance with Nasdaq continued listing requirements.

C. Implementation

    The Commission notes that Nasdaq will implement this proposal when
it becomes a national securities exchange. This will ensure that the
new procedures will be in place when Nasdaq begins operating as a
national securities exchange, as required by amended SEC Rule 12d2-2.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-Nasdaq-2006-005), as
amended, is approved.
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    \19\ 15 U.S.C. 78s(b)(2).

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    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-12430 Filed 8-1-06; 8:45 am]

BILLING CODE 8010-01-P