[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14596-14598]
[FR Doc No: 2022-05372]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94383; File No. SR-MSRB-2022-01]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Further Extend the Regulatory Relief and Permit Dealers To
Conduct Office Inspections Remotely Until December 31, 2022 Pursuant to
MSRB Rule G-27, on Supervision

March 9, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on March 1, 2022, the Municipal Securities
Rulemaking Board (``MSRB'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the MSRB. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB filed with the Commission a proposed rule change to amend
Supplementary Material .01, Temporary Relief for Completing Office
Inspections, of MSRB Rule G-27, on supervision, to further extend the
regulatory relief and permit brokers, dealers and municipal securities
dealers (collectively, ``dealers'') to conduct office inspections, due
to be completed during calendar year 2022, remotely until December 31,
2022 (the ``proposed rule change'').
    The MSRB has designated the proposed rule change as constituting a
``noncontroversial'' rule change under Section 19(b)(3)(A) \3\ of the
Act and Rule 19b-4(f)(6) \4\ thereunder, which renders the proposal
effective upon receipt of this filing by the Commission. The MSRB
proposes an operative date of May 2, 2022.
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    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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    The text of the proposed rule change is available on the MSRB's
website at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2022-Filings.aspx, at the MSRB'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 MSRB 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 MSRB 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 MSRB continues to closely monitor the impact on municipal
market participants resulting from the coronavirus disease (``COVID-
19'' or ``pandemic'') and believes the additional six-month extension
of time to conduct office inspections remotely, due to be completed in
calendar year 2022, would allow dealers to better address ongoing
operational challenges caused by the pandemic. In light of these
operational challenges and disruptions to normal business functions as
a result of the pandemic, the MSRB previously filed a proposed rule
change for immediate effectiveness with the SEC in April 2020,\5\ a
second proposed rule change in December 2020,\6\ and a third proposed
rule change in October 2021 \7\ (``April relief,'' ``December relief,''
and ``October relief''). In connection with the April relief, the MSRB
provided an extension of time for dealers to complete certain
supervisory obligations, including, among other things, that office
inspections due to be conducted during calendar year 2020 could be
conducted by March 31, 2021, but with the expectation that dealers
would conduct their inspections on-site. The December relief provided
dealers with the option to conduct their office inspections remotely
that were due to be completed by March 31, 2021 (for calendar year
2020) and those for calendar year 2021, subject to certain conditions
being met. The October relief provided an additional extension of time
permitting dealers to continue to conduct office inspections remotely
until June 30, 2022, for their office inspections that are due to be
completed for calendar year 2022.\8\
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    \5\ See Exchange Act Release No. 88694 (April 20, 2020), 85 FR
23088 (April 24, 2020) (File No. SR-MSRB-2020-01).
    \6\ See Exchange Act Release No. 90621 (December 9, 2020), 85 FR
81254 (December 15, 2020) (File No. SR-MSRB-2020-09).
    \7\ See Exchange Act Release No. 93435 (October 27, 2021), 86 FR
60522 (November 2, 2021) (File No. SR-MSRB-2021-06).
    \8\ The MSRB noted in the October relief that it would continue
to monitor the effectiveness of remote office inspections on
dealers' overall supervisory systems and would consider more long-
term regulatory initiatives that align with and promote the evolving
ways dealers are doing business and supervising the activities of
the dealer and its associated persons. Id. The MSRB is still
undertaking such review.
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    Through stakeholder engagement, the MSRB notes that dealers have
delayed their return to office plans due to the continued pandemic and
are considering, or have implemented, hybrid work arrangements
dependent on functions and regulatory requirements, which has created
logistical challenges to conducting in-person office inspections. To
that end, in order to address ongoing industry-wide concerns regarding
having to conduct in-person office inspections while safety concerns
related to the pandemic persist \9\ and to align with the ongoing
pandemic-related regulatory relief provided by FINRA,\10\ the MSRB is
proposing amendments to Supplementary Material .01 of MSRB Rule G-27.
The proposed amendments to Supplementary Material .01 of MSRB Rule G-27
would allow dealers to satisfy their office inspection obligations by
permitting dealers to conduct calendar year 2022 office inspections
remotely for the remainder of calendar year 2022--extending the current
relief for an additional six months from June 30, 2022, to December 31,
2022.\11\
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    \9\ See The Centers for Disease Control and Prevention
(``CDC''), Omicron Variant: What You Need to Know (stating, in part,
that ``the Omicron variant spreads more easily than the original
virus that causes COVID-19 and the Delta variant. [The] CDC expects
that anyone with Omicron infection can spread the virus to others,
even if they are vaccinated or don't have symptoms.'') available at
https://www.cdc.gov/coronavirus/2019-ncov/variants/omicron-variant.html (updated February 2, 2022).
    \10\ On January 10, 2022, FINRA made a filing with the SEC for
immediate effectiveness having noted that amendments to FINRA Rule
3110.17 provides a tailored regulatory alternative for their member
firms to have the option, subject to specified conditions, to
complete their inspection obligations remotely. See Exchange Act
Release No. 94018 (January 20, 2022), 87 FR 4072 (January 26, 2022)
(File No. SR-FINRA-2022-001). Previously, on September 13, 2021,
FINRA made a filing with the SEC for immediate effectiveness, noting
that while some firms have taken affirmative steps to develop and
implement phased-in office re-entry plans based on local conditions,
there are many other firms that have not. See Exchange Act Release
No. 93002 (September 15, 2021), 86 FR 52508 (September 21, 2021)
(File No. SR-FINRA-2021-023).
    \11\ As previously noted, a temporary location established in
response to the implementation of a business continuity plan is not
deemed an office for purposes of complying with the office
inspection obligations, under MSRB Rule G-27. See supra note 5.
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    The conditions required to be met for dealers to avail themselves
of the option to conduct office inspections remotely remain unchanged;
however, amendments are being proposed to paragraph (a) and (d) to
reflect the additional extension of time under the proposed rule
change. Pursuant to paragraphs (b)-(d) of Supplementary Material .01 of
MSRB Rule G-27, in dealers electing to conduct their office inspections
remotely, such dealers must (i) amend or supplement their written
supervisory procedures as appropriate to provide for remote inspections
that are reasonably designed to assist in detecting and preventing
violations of, and achieving compliance with, applicable securities
laws and regulations, and with applicable Board rules; (ii) use remote
office inspections as part of an effective supervisory system, which
would include the ongoing review of activities and functions occurring
at all offices and locations whether or not the dealer conducts
inspections remotely; and (iii) make and maintain the required records
for all offices or locations that had inspections that were conducted
remotely; and any offices or locations for which the dealer determined
to impose additional supervisory procedures or more frequent
monitoring.
2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
Section 15B(b)(2)(C) of the Exchange Act,\12\ which provides that the
MSRB's rules shall:
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    \12\ 15 U.S.C. 78o-4(b)(2)(C).

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 municipal securities and
municipal financial products, to remove impediments to and perfect
the mechanism of a free and open market in municipal securities and
municipal financial products, and, in general, to protect investors,
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municipal entities, obligated persons, and the public interest.

    The proposed rule change is designed to provide dealers additional
time to comply with certain obligations under MSRB rules for a
temporary period of time; it does not relieve dealers from compliance
with their core regulatory obligations to establish and maintain a
system to supervise the activities of each of its associated persons
that is reasonably designed to achieve compliance with applicable rules
and regulations, and with applicable MSRB rules, which serve to protect
investors, municipal entities, obligated persons, and the public
interest. The MSRB continues to believe extending the relief and
affording dealers the option to conduct remote inspections due to be
completed in calendar year 2022, an additional six-month extension,
until December 31, 2022, is a prudent regulatory approach allowing
dealers more time to assess when and how to have their employees safely
return to

their offices while continuing to serve the important investor
protection objectives of the inspection obligations under these unique
circumstances.
    In a time when faced with unique challenges resulting from the
sustained pandemic, the proposed rule change will afford dealers the
ability to safeguard the health and safety of their personnel and to
more effectively allocate resources to serve and promote the protection
of investors, municipal entities, obligated persons and the public
interest while much uncertainty still remains. In addition, the
proposed rule change will also alleviate some of the operational
challenges dealers may be experiencing, which will allow them to more
effectively allocate resources to the operations that facilitate
transactions in municipal securities and municipal financial products,
to remove impediments to and perfect the mechanism of a free and open
market in municipal securities and municipal financial products.\13\
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    \13\ The proposed amendments only create the option for dealers
to conduct office inspections remotely through December 31, 2022.
With that in mind, dealers should consider whether, under their
particular operating conditions, reliance on remote inspections
would be reasonable under the circumstances.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Section 15B(b)(2)(C) of the Act requires that MSRB rules be
designed not to impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act.\14\ In fact,
the MSRB does not believe that the proposed rule change will have any
burden on competition because the proposed rule change treats all
dealers equally in that all dealers have the option to elect to conduct
remote inspections remotely through December 31, 2022. The goal of the
proposed rule change is to grant additional time for dealers to assess
their resources, establish office inspection schedules for the second
half of 2022 and meet their office inspection obligations, under
Supplementary Material .01 of Rule G-27, while also determining how to
best implement their return to office plans in a safe and effective
manner during the exigent circumstances of the COVID-19 pandemic. The
temporary relief afforded does not alter dealers underlying obligations
under the rule and with applicable MSRB rules that directly serve
investor protection.
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    \14\ 15 U.S.C. 78o-4(b)(2)(C).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) \16\ thereunder. At any time within 60 days of the filing of
the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
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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 email to [email protected]. Please include
File Number SR-MSRB-2022-01 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-MSRB-2022-01. This file
number should be included on the subject line if email 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the MSRB. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MSRB-2022-01 and should be submitted on
or before April 5, 2022.

    For the Commission, by the Office of Municipal Securities,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3a(a)(2).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-05372 Filed 3-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Notices]
[Page 65717-65719]
[DOCID:fr23no07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

November 15, 2007.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC08-13-000.
    Applicants: Progress Energy Service Company LLC.
    Description: Application of Carolina Power & Light Co et al. for an
order authorizing the issuance and selling of short term debt
securities having a maturity of not more than one year.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0046.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER99-2984-008.
    Applicants: Green County Energy, LLC.
    Description: Green County Energy, LLC submits a notice of non-
material change in status.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0092.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER00-1780-007; ER00-840-007; ER01-137-005; ER01-
2641-011; ER01-2690-009; ER01-389-007; ER01-557-010; ER01-558-010;
ER01-559-010; ER01-560-010; ER01-596-005; ER02-1942-006; ER02-24-009;
ER02-25-008; ER02-2509-006; ER02-26-008; ER02-77-009; ER02-963-008;
ER05-524-003; ER94-389-027; ER98-1767-010; ER99-2992-007; ER99-3165-
007; ER99-415-014.
    Applicants: TEXAS ELECTRIC MARKETING, LLC; Tenaska Alabama
Partners, L.P.; Tenaska Alabama II Partners, L.P.; High Desert Power
Project, LLC; California Electric Marketing, LLC; Calumet Energy Team,
LLC; University Park Energy, LLC; Holland Energy, LLC; Wolf Hills
Energy, LLC; Big Sandy Peaker Plant, LLC; ALABAMA ELECTRIC MARKETING,
LLC; Tenaska Virginia Partners, LP; Armstrong Energy LLLP; Troy Energy,
LLC; Kiowa Power Partners, LLC; Pleasants Energy LLC; New Mexico
Electric Marketing, LLC; Crete Energy Venture, LLC; Lincoln Generating
Facility, LLC; Tenaska Power Services Co.; Tenaska Frontier Partners,
Ltd.; TENASKA GATEWAY PARTNERS LTD; TENASKA GEORGIA PARTNERS LP;
Commonwealth Chesapeake Company LLC.
    Description: Tenaska Energy, Inc et al. submits notification of
change in status in connection with their recent acquisition of
indirect control over Lincoln Generating Facility, LLC and Crete Energy
Venture, LLC.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0058.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER01-2742-006; ER02-1695-004; ER02-2309-003;
    Applicants: Rock River I, LLC; Cabazon Wind Partners, LLC;
Whitewater Hill Wind Partners LLC;
    Description: Cabazon Wind Partners, LLC et al. submits a notice of
non-material change in status, in compliance with the reporting
requirements in Order 652.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0082.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER02-1437-004; ER02-1785-012;
    Applicants: Triton Power Michigan LLC; Thermo Cogeneration
Partnership LP.
    Description: Triton Power Michigan LLC et al. submits a notice of
non-material change in status in compliance.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0091.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER03-719-007; ER03-720-007; ER03-721-007;
    Applicants: New Athens Generating Company, LLC; New Covert
Generating Company, LLC; New Harquahala Generating Company, LLC.
    Description: New Athens Generating Company et al. submits Notice of
Non-material Change in Status and Substitute First Revised Sheet 1 et
al. to provide an effective date of 9/18/07 which coincides with Order
697.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0111.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER07-1285-001.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Niagara Mohawk Power Corp dba National Grid submits an
informational response to FERC's 10/3/07 letter to provide additional
information.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0089.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER07-1335-001.
    Applicants: Santa Rosa Energy LLC
    Description: Notice of non-material change in status re Santa Rosa
Energy Center, LLC.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0080.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER07-1421-001; ER07-1422-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Virginia Electric and Power Company dba Dominion
Virigina Power amends its 9/28/07 filing in the proceeding by updating
Attachment H-16D to the Open Access Transmission Tariff administered by
PJM.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0120.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER08-14-001.
    Applicants: Alpha Domestic Power Trading, L.L.C.
    Description: Alpha Domestic Power Trading, LLC submits Substitute
Original Sheet 1 to FERC Electric Tariff, Original Volume 1.
    Filed Date: 11/14/2007.
    Accession Number: 20071115-0116.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 5, 2007.

    Docket Numbers: ER08-110-001.

    Applicants: Starwood Power-Midway, LLC.
    Description: Starwood Power-Midway LLC submits additional detailed
information concerning its generation market power screens, a clean and
redline version of Page 2 of the proposed Tariff et al. submitted on
10/29/07.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0112.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-125-001; ER08-125-002.
    Applicants: Luminant Energy Company LLC.
    Description: Notice of Change in Status Pursuant to Order Nos. 652
and 697 and Submission of Revised Rate Schedule Sheets of Luminant
Energy Company LLC.
    Filed Date: 11/09/2007.
    Accession Number: 20071109-5091.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER08-191-001.
    Applicants: Aquila, Inc.
    Description: Aquila, Inc submits a supplement to the 11/6/07 filing
of an Amended and Restated Coordinating Agreement.
    Filed Date: 11/13/2007.
    Accession Number: 20071114-0079.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER08-198-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Co submits an annual
adjustment to a transmission service rate under the Interconnection
Agreement with Sacramento Municipal Utility District.
    Filed Date: 11/09/2007.
    Accession Number: 20071113-0005.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER08-199-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc submits various revisions to FCM
Rules.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0088.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER08-200-000.
    Applicants: Waterbury Generation, LLC.
    Description: Waterbury Generation, LLC submits an application for
Order accepting Market-Based Rate Tariff for filing and granting
Waivers and Blanket Approvals.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0087.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER08-201-000.
    Applicants: Cogentrix Virginia Leasing Corporation.
    Description: Petition of Cogentrix Virginia Leasing Corp for Order
accepting Market-Based Rate Tariff for filing and granting Waivers and
Blanket Approvals etc.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0086.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER08-202-000.
    Applicants: James River Cogeneration Company.
    Description: Petition of James River Cogeneration Co. for Order
accepting Market-Based Rate Tariff for filing and granting Waivers and
Blanket Approvals.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0085.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER08-203-000.
    Applicants: Primary Energy of North Carolina LLC.
    Description: Primary Energy of North Carolina LLC submits an
application for Market-Based Rate Authority, Certain Waivers and
Blanket Approvals etc.
    Filed Date: 11/09/2007.
    Accession Number: 20071114-0084.
    Comment Date: 5 p.m. Eastern Time on Friday, November 30, 2007.

    Docket Numbers: ER08-204-000.
    Applicants: POWEREX CORP.
    Description: Powerex Corp submits a Notice of Cancellation of a
Certificate of Concurrence.
    Filed Date: 11/13/2007.
    Accession Number: 20071114-0081.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER08-206-000.
    Applicants: FPL Energy Oliver Wind, LLC.
    Description: FPL Energy Oliver Wind LLC submits Shared Facilities
Agreement with FPL Energy Wind II LLC, dated 8/24/07, designated as its
Rate Schedule FERC 1.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0119.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER08-207-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator Inc.
submits its proposed revisions to its Open Access Transmission and
Energy Markets Tariff, to clarify that load serving entities with
service obligation etc.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0118.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER08-208-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company an amended Electric
Interconnection Agreement with Northwest Idaho Power Cooperative, dated
10/25/07.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0117.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER08-209-000
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
submits an executed Large Generator Interconnection Agreement with
Prairie State Generating Co, LLC.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0059.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Docket Numbers: ER08-210-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection LLC submits its Request for Waiver
of PJM Emergency Load Response Program Rules wherein it moves for a
one-time waiver of the ELRP verification rule that prohibits energy
payments to participants etc.
    Filed Date: 11/14/2007.
    Accession Number: 20071115-0115.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 5, 2007.

    Docket Numbers: ER08-211-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison submits an amended Letter
Agreement with CPV Sentinel LLC.
    Filed Date: 11/14/2007.
    Accession Number: 20071115-0114.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 5, 2007.

    Docket Numbers: ER08-212-000.
    Applicants: NSTAR Electric Company.
    Description: NStar Electric Company submits Amendment 1 to the
Interconnection Agreement with the Town of Norwood Municipal Light
Department along with a conformed copy of the Interconnect Agreement
etc.
    Filed Date: 11/14/2007.
    Accession Number: 20071115-0113.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 5, 2007.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES08-5-000.

    Applicants: Progress Energy Service Company LLC.
    Description: Application of Carolina Power & light Co et al. for an
order authorizing the issuance and selling of short term debt
securities having a maturity of not more than one year.
    Filed Date: 11/13/2007.
    Accession Number: 20071115-0046.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR06-1-013.
    Applicants: North American Electric Reliability Corp.
    Description: Compliance Filing of the North American Electric
Reliability Corp. in Response to the October 18, 2007 Order.
    Filed Date: 11/13/2007.
    Accession Number: 20071113-5148.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 4, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E7-22797 Filed 11-21-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70814-70816]
[DOCID:fr06de06-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54831; File No. SR-CBOE-2006-100]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to the Appointment of CBSX DPMs

November 29, 2006.
    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 November 27, 2006, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') 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

    CBOE proposes to adopt rules to appoint CBOE Stock Exchange DPMs.
The text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.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
    In September 2006, the Commission approved Exchange Chapters 50-55
governing the trading of non-option securities on the Exchange.\5\ The
Exchange, via a separate rule filing, will be proposing to further
modify Chapters 50-55 in connection with the establishment of the CBOE
Stock Exchange (``CBSX''). CBSX will be a facility of the Exchange and
will serve as the Exchange's vehicle for trading non-option securities.
CBSX is a separate legal entity (a Delaware Limited Liability Company)
that is owned by the Exchange and several strategic partners. The
Exchange separately has submitted a rule filing governing the
allocation of securities to CBSX DPMs,\6\ and will shortly submit a
rule filing proposing to establish CBSX as a facility of the Exchange.
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    \5\ See Securities Exchange Act Release No. 54422 (September 11,
2006), 71 FR 54537 (September 15, 2006) (``STOC Approval Order'')
(approving SR-CBOE-2004-21).
    \6\ See Securities Exchange Act Release No. 54792 (November 20,
2006), 71 FR 68659 (November 27, 2006) (notice of filing of SR-CBOE-
2006-96).
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    The purpose of this filing is to adopt rules that will allow for
the appointment of CBSX DPMs. Any such appointments would be contingent
on Commission approval of rules governing CBSX DPM trading procedures
and obligations. The Exchange hopes to

launch CBSX on February 5, 2007. Establishing rules to allow for
appointment of CBSX DPMs ahead of the anticipated launch of CBSX will
allow the CBSX DPM firms to immediately market CBSX as a destination
marketplace.
    The Exchange expects CBSX will appoint a limited number of CBSX
DPMs. In accordance with the proposed revisions to Rule 53.53, CBSX
will select the firms that would be designated as CBSX DPMs. Factors to
be considered in making such a selection are essentially identical to
the factors set forth in the current rule applicable to STOC DPMs. Such
factors may include, but are not limited to, any one or more of the
following: (1) Adequacy of capital; (2) operational capacity; (3)
trading experience and observance of generally accepted standards of
conduct by the applicant; (4) number and experience of support
personnel of the applicant; (5) regulatory history of adherence to
Exchange rules by the applicant; (6) willingness and ability of the
applicant to promote CBSX as a marketplace; (7) performance evaluations
conducted pursuant to Exchange/CBSX rules; and (8) in the event that
one or more shareholders, directors, officers, partners, managers,
members, or other principals of an applicant is or has previously been
a shareholder, director, officer, partner, manager, member, or other
principal in another CBSX DPM, adherence by such CBSX DPM to the
requirements set forth in CBSX rules regarding CBSX DPM
responsibilities and obligations during the time period in which such
person(s) held such position(s) with the CBSX DPM.
2. Statutory Basis
    CBOE believes the proposed rule change is consistent with the Act
and the rules and regulations under the Act applicable to a national
securities exchange and, in particular, the requirements of Section
6(b) of the Act.\7\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \8\ requirements
that the rules of an exchange 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 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

    CBOE does not believe that the proposed rule change would 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

    The Exchange neither solicited nor received comments on the
proposal.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \9\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\10\ Because the foregoing proposed rule change (i) does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not become operative for 30 days from the date on which
it was filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ Rule 19b-4(f)(6)(iii) also requires the Exchange to give
written notice to the Commission of its intent to file the proposed
rule change at least five business days prior to filing. The
Exchange complied with this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to waive the operative
delay if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
operative delay to permit the proposed rule change to become effective
prior to the 30th day after filing.
    The Commission has determined to waive the 30-day delay and allow
the proposed rule change to become operative immediately.\12\ The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The proposed rule is substantially similar to the previous version of
the rule approved for the Exchange's STOC system.\13\
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    \12\ For purposes only of waiving the operative delay of this
proposal, the Commission notes that it has considered the proposed
rule's impact on efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
    \13\ See STOC Approval Order, supra note 5.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-CBOE-2006-100 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-CBOE-2006-100. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the 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. 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-CBOE-2006-100 and should be submitted on or before
December 27, 2006.

    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. E6-20656 Filed 12-5-06; 8:45 am]

BILLING CODE 8011-01-P