[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21221-21222]
[FR Doc No: 2017-09113]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EG17-102-000.
    Applicants: Vista Energy Storage, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status, LLC.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5317.
    Comments Due: 5 p.m. ET 5/19/17.

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

    Docket Numbers: ER17-1420-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Amendment to ER17-1420-000 Sch. 12-
Appdx A re: RTEP Artificial Island Projects to be effective 10/10/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5391.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1495-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Sec.  205(d) Rate Filing: Design Engineering and
Construction Agreement with Essential Power Newington LLC to be
effective 6/28/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5315.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1496-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Cancellation of IFAs and
Distribution Service Agreements with City of Industry to be effective
7/1/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5321.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1497-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) Rate Filing: SA 365--Construction
Agreement--Addendum to ITSA with NV Energy to be effective 3/7/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5322.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1498-000.
    Applicants: Rockford Power II, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings to be effective 6/1/2017.
    Filed Date: 4/28/17.

    Accession Number: 20170428-5351.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1499-000.
    Applicants: Rockford Power, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings to be effective 6/1/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5354.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1500-000.
    Applicants: Appalachian Power Company.
    Description: Sec.  205(d) Rate Filing: OATT--TCC & TNC Merger into
AEP Texas Inc. and Rates Update to be effective 12/31/9998.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5358.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1501-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO 205 filing re: Start-
Up Bids in the Real-Time Market to be effective 7/1/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5362.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1502-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 70 SPPC/
Bonneville O&M Agreement to be effective 5/1/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5388.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1503-000.
    Applicants: AEP Texas Inc.
    Description: Baseline eTariff Filing: OATT Concurrence--AEP Texas
to be effective 12/31/9998.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5392.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1504-000.
    Applicants: Midcontinent Independent System Operator, Inc., WPPI
Energy.
    Description: Sec.  205(d) Rate Filing: 2017-04-28_Filing to revised
WPPI Energy Attachment O to be effective 7/1/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5405.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1505-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Sec.  205(d) Rate Filing: ELL-DEMCO Transmission
Facilities Credits Distribution Agreement to be effective 4/1/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5417.
    Comments Due: 5 p.m. ET 5/19/17.

    Docket Numbers: ER17-1506-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) Rate Filing: May 2017 Membership Filing
to be effective 4/1/2017.
    Filed Date: 4/28/17.
    Accession Number: 20170428-5426.
    Comments Due: 5 p.m. ET 5/19/17.

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

    Docket Numbers: ES17-18-000.
    Applicants: Consumers Energy Company.
    Description: Application for Authorization to Issue Securities of
Consumers Energy Company.
    Filed Date: 4/27/17.
    Accession Number: 20170427-5549.
    Comments Due: 5 p.m. ET 5/18/17.

    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: April 28, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-09113 Filed 5-4-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 1, 2009 (Volume 74, Number 189)]
[Notices]
[Page 50853-50855]
[DOCID:fr01oc09-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60717; File No. SR-NYSEArca-2009-74]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1, Relating To
Listing Four Grail Advisors RP Exchange-Traded Funds

September 24, 2009.
    On August 12, 2009, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange''), through its wholly owned subsidiary, NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), filed with the Securities and Exchange
Commission (``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 list and trade shares
(``Shares'') of the following Grail Advisors actively-managed exchange-
traded funds: RP Growth ETF, RP Focused Large Cap Growth ETF, RP
Technology ETF and the RP Financials

ETF (each an ``ETF'' or ``Fund'' and collectively the ``ETFs or
``Funds''). The proposed rule change was published in the Federal
Register on August 28, 2009.\3\ The Commission received no comments on
the proposal. On September 21, 2009, the Exchange filed Amendment No.
1.\4\ This order provides notice of the filing of Amendment No. 1, and
approves the proposed rule change, as modified by Amendment No. 1, on
an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 60552 (August 20,
2009), 74 FR 44417 (``Notice'').
    \4\ Amendment No. 1 reflects the issuer's decision that the
creation and redemption unit size for each Fund would be 50,000
Shares, not 25,000 shares as was stated in the Notice.
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I. Description of the Proposal

    The Exchange proposes to list and trade the Shares pursuant to NYSE
Arca Equities Rule 8.600, which governs the listing of Managed Fund
Shares. The Shares will be offered by Grail Advisors ETF Trust
(``Trust''),\5\ a statutory trust organized under the laws of the State
of Delaware and registered with the Commission as an open-end
management investment company. The investment objective of each of the
Funds is long-term capital appreciation. The ETFs expect to invest
primarily in the securities of US companies, and may also invest in US
securities tied economically to foreign investments, such as American
Depositary Receipts. None of the Funds will invest in non-U.S. equity
securities.
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    \5\ The Trust is registered under the Investment Company Act of
1940 (15 U.S.C. 80a) (``1940 Act''). On June 8, 2009, the Trust
filed with the Commission post-effective Amendment No. 1 to its
registration statement on Form N-1A under the Securities Act of 1933
(15 U.S.C. 77a), and under the 1940 Act relating to the Funds (File
Nos. 333-148082 and 811-22154) (``Registration Statement''). The
description of the operation of the Trust and the Funds herein is
based on the Registration Statement.
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    The Exchange states that the Shares will conform to the initial and
continued listing criteria under NYSE Arca Equities Rule 8.600, and
that the Funds will comply with Rule 10A-3 under the Act,\6\ as
provided by NYSE Arca Equities Rule 5.3.
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    \6\ 17 CFR 240.10A-3.
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    Additional information regarding the Funds, the Shares, the Funds'
investment objectives, strategies, policies, and restrictions, risks,
fees and expenses, creations and redemptions of Shares, availability of
information, trading rules and halts, and surveillance procedures,
among other things, can be found in the Registration Statement and in
the Notice, as applicable.\7\
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    \7\ See, supra, notes 3 and 5.
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II. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 1 to 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-2009-74 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-2009-74. 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, 100 F Street,
NE., Washington, DC 20549, 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-NYSEArca-2009-74 and should
be submitted on or before October 22, 2009.

III. Discussion and Commission's Findings

    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act \8\ and the rules and regulations thereunder applicable to a
national securities exchange.\9\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\10\
which requires, among other things, that the Exchange's rules be
designed 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. The Commission notes that the Shares must comply with
the requirements of NYSE Arca Equities Rule 8.600 to be listed and
traded on the Exchange.
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    \8\ 15 U.S.C. 78f.
    \9\ 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).
    \10\ 17 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\11\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares will be available via the Consolidated Tape
Association (``CTA'') high-speed line, and the Exchange will
disseminate the Portfolio Indicative Value (``PIV'') at least every 15
seconds during the Core Trading Session through the facilities of the
CTA. In addition, the Fund will make available on its Web site on each
business day the Disclosed Portfolio that will form the basis for its
calculation of the net asset value (``NAV''), which will be determined
as of the close of the regular trading session on the New York Stock
Exchange (ordinarily 4 p.m. Eastern Time) on each business day. The
Fund's Web site will also include additional quantitative information
updated on a daily basis relating to trading volume, prices, and NAV.
Information regarding the market price and volume of the Shares will be
continually available on a real-time basis throughout the day via
electronic services, and the previous day's closing price and trading
volume information for the Shares will be published daily in the
financial sections of newspapers.
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    \11\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    The Commission further believes that the proposal is reasonably
designed to

promote fair disclosure of information that may be necessary to price
the Shares appropriately and to prevent trading when a reasonable
degree of transparency cannot be assured. The Commission notes that the
Exchange will obtain a representation from the Fund that the NAV per
Share will be calculated daily and that the NAV and the Disclosed
Portfolio will be made available to all market participants at the same
time.\12\ Additionally, if it becomes aware that the NAV or the
Disclosed Portfolio is not disseminated daily to all market
participants at the same time, the Exchange will halt trading in the
Shares until such information is available to all market
participants.\13\ Further, if the PIV is not being disseminated as
required, the Exchange may halt trading during the day in which the
disruption occurs; if the interruption persists past the day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption.\14\ The Exchange
represents that the Manager has implemented a ``fire wall'' between it
and its broker-dealer affiliate with respect to access to information
concerning the composition and/or changes to the Fund's portfolio.
Similarly, one of the sub-advisors, Wedgewood, a registered broker-
dealer, also has implemented such a ``fire wall.'' \15\ Any additional
Fund subadvisers affiliated with a broker-dealer will be required to
implement a firewall to prevent its broker-dealer affiliate from
accessing information concerning the composition and/or changes to the
Fund's portfolio.\16\ Further, the Commission notes that the Reporting
Authority that provides the Disclosed Portfolio must implement and
maintain, or be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the actual
components of the portfolio.\17\
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    \12\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \13\ See NYSE Arca Equities Rule 8.600(d)(2)(D).
    \14\ Trading in the Shares may also be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent
to which trading is not occurring in the securities comprising the
Disclosed Portfolio and/or the financial instruments of the Fund; or
(2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present.
    \15\ The Exchange also represents that RP, the Fund's primary
sub-adviser, is not affiliated with a broker-dealer, and that any
additional Fund sub-advisers that are affiliated with a broker-
dealer will be required to implement a fire wall with respect to
such broker-dealer regarding access to information concerning the
composition and/or changes to the portfolio.
    \16\ See Notice, 74 FR at 44420.
    \17\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
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    The Exchange has represented that the Shares are equity securities
subject to the Exchange's rules governing the trading of equity
securities. In support of this proposal, the Exchange has made
representations, including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable Federal
securities laws.
    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Circular will discuss the following: (a)
The procedures for purchases and redemptions of Shares and that Shares
are not individually redeemable; (b) NYSE Arca Equities Rule 9.2(a),
which imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(c) the risks involved in trading the Shares during the Opening and
Late Trading Sessions when an updated PIV will not be calculated or
publicly disseminated; (d) how information regarding the PIV is
disseminated; (e) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; and (f) trading information.
    (4) The Funds will be in compliance with Rule 10A-3 under the Act.
    (5) The Funds will not invest in non-U.S. equity securities.
    This approval order is based on the Exchange's representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.
    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\18\ for approving the proposal prior to the thirtieth day
after the date of publication of the Notice in the Federal Register.
The Commission notes that it has approved the listing and trading on
the Exchange of shares of other actively managed exchange-traded funds
based on a portfolio of securities, the characteristics of which are
similar to those to be invested by the Fund.\19\ The Commission also
notes that it has received no comments regarding the proposed rule
change. Further, the Commission believes that the increased creation
and redemption unit sizes for the Funds described in Amendment No. 1
\20\ do not raise any regulatory concerns. The Commission finds that
the proposed rule change does not raise any novel regulatory issues and
believes that accelerating approval of this proposal should benefit
investors by creating, without undue delay, additional competition in
the market for Managed Fund Shares.
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    \18\ 15 U.S.C. 78s(b)(2).
    \19\ See, e.g., Securities Exchange Act Release Nos. 58512
(September 11, 2008), 73 FR 53915 (September 17, 2008) (SR-NYSEArca-
2008-85) (approving the listing and trading of shares of the
PowerShares Active U.S. Real Estate Fund); and 57619 (April 4,
2008), 73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25) (approving
the listing and trading of shares of the PowerShares Active AlphaQ
Fund, PowerShares Active Alpha Multi-Cap Fund, and PowerShares
Active Mega-Cap Portfolio, among other funds).
    \20\ See supra note 4.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-NYSEArca-2009-74), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved on
an accelerated basis.
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    \21\ 15 U.S.C. 78s(b)(2).
    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-23626 Filed 9-30-09; 8:45 am]

BILLING CODE 8011-01-P