MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Region: System Page: 1. 1 Regional Summary Report NOTES: 1. Year 2026 is the End Year and should not be used for analysis.

2005 2010 2020 2026      1. Reserve Margin Capacity Annual [ MW] 920623. 933222. 1082723. 1190931. Plus Firm Purchases Annual [ MW] 0. 0. 0. 0. Plus Transmission In Annual [ MW] 19693. 45817. 23230. 26437.      Total R. M. Capacity Annual [ MW] 940316. 979039. 1105953. 1217368.

     2. Peak Load Annual [ MW] 723109. 808532. 950425. 1042804. Less DSM [ MW] 0. 0. 0. 0. Plus Firm Sales [ MW] 0. 0. 0. 0. Plus Transmission Out Annual [ MW] 20095. 46752. 23704. 26976.      Net Demand Annual [ MW] 743204. 855284. 974129. 1069780.

3. Reserve Margin Annual [%] 26.52 14.47 13.53 13.80      4. Generation [ GWh] 3954837. 4388266. 5168026. 5675638. Inter Region Transmission [ GWh]  10275.  9387.  8109.  8762. Pumping & Storage Losses [ GWh] 15700. 15351. 16645. 19007. Plus Purchases [ GWh] 0. 0. 0. 0. Less Sales [ GWh] 0. 0. 0. 0.      5. Total Supply for Demand [ GWh] 3928862. 4363528. 5143272. 5647869.

     6. Projected Demand [ GWh] 3928862. 4363528. 5143272. 5647869. Energy Not Served [ GWh] 0. 0. 0. 0. Less DSM [ GWh] 0. 0. 0. 0.      Net Demand [ GWh] 3928862. 4363528. 5143272. 5647869.

7. Dumped Energy [ GWh] 0. 0. 0. 0.

     8. Total Supply for Demand [ GWh] 3928862. 4363528. 5143272. 5647869. Less T& D Losses [ GWh] 301763. 335148. 395038. 433794.      9. Total Sales [ GWh] 3627099. 4028380. 4748234. 5214075.

Capacity Avoided Costs [ US$/ kW] 2005 2010 2020 2026      ANNUAL 1.86 12.47 44.95 42.97 WINTER 0.00 0.00 0.00 0.00 SUMMER 0.00 0.00 0.00 0.00 10. Capacity by Plant Type [ MW] 2005 2010 2020 2026      Scrubbed Coal_ NOx 1 27267. 30063. 136850. 227528. Scrubbed Coal 2 57020. 46978. 44943. 44673. Unscrubbed Coal_ NOx 3 49289. 25504. 23779. 23054. Unscrubbed Coal 4 123459. 88843. 77701. 71012. Oil/ Gas Steam 5 89956. 85144. 84993. 84700. Oil/ Gas Steam_ Nox 6 11020. 5409. 5409. 5409. Nuclear 7 99087. 99289. 99594. 99594. Hydro 8 89869. 89869. 89869. 89869. Comb. Cycle Gas 9 133123. 133123. 148038. 148634. IGCC 10 612. 612. 612. 612. Turbine 11 130305. 131851. 158433. 175172. Biomass 12 1347. 1437. 1620. 1620. Geothermal 13 2943. 3086. 3223. 3223. Landfill Gas 14 502. 670. 1003. 1532. Wind 15 5078. 5702. 6488. 6488. Fuel Cell 16 17. 17. 17. 17. Solar 17 413. 416. 416. 416. Non Fossil_ Other 18 2275. 2275. 2275. 2275. Fossil_ Other 19 125. 125. 125. 125. Pump Storage 20 22854. 22854. 22854. 22854. Int. Imports 21 11000. 11000. 11000. 11000. Cgn_ Coal 22 3992. 1574. 1567. 1522. Cgn_ Gas 23 42371. 42371. 42248. 42235. Cgn_ Oil 24 1069. 1069. 1069. 1069. Cgn_ Other 25 1075. 1075. 1075. 1075. NonCG IPP_ Coal 26 0. 0. 0. 0. NonCG IPP_ Gas 27 0. 0. 0. 0. NonCG IPP_ Other 28 0. 0. 0. 0. Blr_ Coal 29 0. 0. 0. 0. Blr_ Gas 30 0. 0. 0. 0. Blr_ Oil 31 0. 0. 0. 0. Blr_ Other 32 0. 0. 0. 0. SteamOnly Cogen 33 0. 0. 0. 0. Rep. Coal CC 34 0. 138. 138. 138. Rep. O/ G CC 35 0. 11307. 11608. 11608. Rep. Coal IGCC 36 0. 543. 543. 560. Ret. Scrubber 37 1510. 2999. 3269. 4451. Ret. ExistSCR & Scrub 38 0. 8580. 9908. 10164. Ret. ExistSNCR & Scrub 39 0. 26. 101. 101. Ret. SCR 40 27754. 18201. 26110. 30459. Ret. ExistScrub & SCR 41 15523. 21275. 23274. 23526. Ret. SNCR 42 0. 0. 280. 739. Ret. ExistScrub & SNCR 43 94. 45. 45. 45. Ret. SCR+ Scrb 44 174. 6328. 8111. 8559. Ret. SNCR+ Scrub 45 0. 0. 0. 0. Ret. Gas Reburn 46 0. 0. 0. 0. Ret. ExistScrub+ GasR 47 0. 0. 0. 0. Ret. GasReburn+ Scrub 48 0. 0. 0. 0. Ret. ACI 49 0. 22987. 23307. 23449. Ret. ExistScrub& ACI 50 0. 4458. 4495. 4511. Ret. ExistSCR& ACI 51 0. 11125. 11274. 11631. Ret. ExistSNCR& ACI 52 0. 3172. 3296. 3403. Ret. ACI & SCR 53 0. 15857. 16384. 16487. Ret. ExistScrub& ACI& SCR 54 0. 0. 0. 0. Ret. ACI & SNCR 55 0. 0. 18. 27. Ret. ExistScrub& ACI& SNCR 56 0. 129. 135. 136. Ret. ACI & Srub 57 0. 0. 0. 0. Ret. ExistSCR& ACI& Scrub 58 0. 0. 0. 0. Ret. ExistSNCR& ACI& Scrub 59 0. 43. 54. 54. Ret. ExistSNCR& ExistScrub& ACI 60 0. 414. 416. 419. Ret. ExistSCR& ExistScrub& ACI 61 0. 1188. 1188. 1188. Ret. ExistNOx& ExistScrub& ACI 62 0. 201. 210. 212. Ret. SCR & Scrub & ACI 63 0. 0. 0. 0. Ret. SNCR & Scrub & ACI 64 0. 0. 0. 0. Ret. O/ G SCR 65 0. 2217. 2217. 2217. Ret. O/ G SNCR 66 0. 2554. 2554. 2554. Ret. Nuclear ( age 30+ 10 yrs) 67 0. 0. 0. 0. Ret. Nuclear ( age 40+ 20 yrs) 68 0. 0. 0. 0. Ret. Biomass Cofiring 69 0. 0. 0. 0. CT Early Retirement 70 449. 449. 449. 3062. CC Early Retirement 71 2145. 2145. 2268. 3920. O/ G Early Retirement 72 29651. 29651. 29651. 29944. Coal Early Retirement 73 62. 62. 62. 62. Nuke Early Retirement 74 0. 0. 0. 0.      Total 983432. 996448. 1146566. 1259331. (**) Ind. Boiler capacity in MMBtu/ hr, not included in the total 11. Capacity Additions and Changes by Plant Type [ MW] 2005 2010 2020 2026      Scrubbed Coal_ NOx 1 0. 4596. 106798. 90682. Scrubbed Coal 2 0. 0. 0. 0. Unscrubbed Coal_ NOx 3 0. 0. 0. 0. Unscrubbed Coal 4 0. 0. 0. 0. Oil/ Gas Steam 5 0. 0. 0. 0. Oil/ Gas Steam_ Nox 6 0. 0. 0. 0. Nuclear 7 0. 0. 0. 0. Hydro 8 0. 0. 0. 0. Comb. Cycle Gas 9 307. 0. 14915. 2235. IGCC 10 0. 0. 0. 0. Turbine 11 183. 1546. 26582. 19352. Biomass 12 0. 90. 183. 0. Geothermal 13 0. 143. 138. 0. Landfill Gas 14 0. 168. 334. 528. Wind 15 0. 624. 786. 0. Fuel Cell 16 0. 0. 0. 0. Solar 17 0. 3. 0. 0. Non Fossil_ Other 18 0. 0. 0. 0. Fossil_ Other 19 0. 0. 0. 0. Pump Storage 20 0. 0. 0. 0. Int. Imports 21 0. 0. 0. 0. Cgn_ Coal 22 0. 0. 0. 0. Cgn_ Gas 23 0. 0. 0. 0. Cgn_ Oil 24 0. 0. 0. 0. Cgn_ Other 25 0. 0. 0. 0. NonCG IPP_ Coal 26 0. 0. 0. 0. NonCG IPP_ Gas 27 0. 0. 0. 0. NonCG IPP_ Other 28 0. 0. 0. 0. Blr_ Coal 29 0. 0. 0. 0. Blr_ Gas 30 0. 0. 0. 0. Blr_ Oil 31 0. 0. 0. 0. Blr_ Other 32 0. 0. 0. 0. SteamOnly Cogen 33 0. 0. 0. 0. Rep. Coal CC 34 0. 138. 0. 0. Rep. O/ G CC 35 0. 11307. 301. 0. Rep. Coal IGCC 36 0. 543. 0. 17. Ret. Scrubber 37 1510. 2356. 280. 1215. Ret. ExistSCR & Scrub 38 0. 8580. 1328. 256. Ret. ExistSNCR & Scrub 39 0. 69. 86. 0. Ret. SCR 40 27754. 7466. 9451. 4724. Ret. ExistScrub & SCR 41 15523. 5753. 1999. 252. Ret. SNCR 42 0. 0. 298. 468. Ret. ExistScrub & SNCR 43 94. 80. 5. 2. Ret. SCR+ Scrb 44 174. 6153. 1784. 447. Ret. SNCR+ Scrub 45 0. 0. 0. 0. Ret. Gas Reburn 46 0. 0. 0. 0. Ret. ExistScrub+ GasR 47 0. 0. 0. 0. Ret. GasReburn+ Scrub 48 0. 0. 0. 0. Ret. ACI 49 0. 22987. 320. 142. Ret. ExistScrub& ACI 50 0. 4458. 37. 16. Ret. ExistSCR& ACI 51 0. 11125. 149. 356. Ret. ExistSNCR& ACI 52 0. 3172. 123. 107. Ret. ACI & SCR 53 0. 15857. 527. 103. Ret. ExistScrub& ACI& SCR 54 0. 0. 0. 0. Ret. ACI & SNCR 55 0. 0. 18. 9. Ret. ExistScrub& ACI& SNCR 56 0. 129. 5. 2. Ret. ACI & Srub 57 0. 0. 0. 0. Ret. ExistSCR& ACI& Scrub 58 0. 0. 0. 0. Ret. ExistSNCR& ACI& Scrub 59 0. 43. 11. 0. Ret. ExistSNCR& ExistScrub& ACI 60 0. 414. 2. 3. Ret. ExistSCR& ExistScrub& ACI 61 0. 1188. 0. 0. Ret. ExistNOx& ExistScrub& ACI 62 0. 201. 9. 2. Ret. SCR & Scrub & ACI 63 0. 0. 0. 0. Ret. SNCR & Scrub & ACI 64 0. 0. 0. 0. Ret. O/ G SCR 65 0. 2217. 0. 0. Ret. O/ G SNCR 66 0. 2554. 0. 0. Ret. Nuclear ( age 30+ 10 yrs) 67 0. 0. 0. 0. Ret. Nuclear ( age 40+ 20 yrs) 68 0. 0. 0. 0. Ret. Biomass Cofiring 69 0. 0. 0. 0. CT Early Retirement 70 449. 0. 0. 2613. CC Early Retirement 71 2145. 0. 123. 1652. O/ G Early Retirement 72 29651. 0. 0. 293. Coal Early Retirement 73 62. 0. 0. 0. Nuke Early Retirement 74 0. 0. 0. 0.      Total 77854. 113959. 166592. 125475. (**) Ind. Boiler capacity in MMBtu/ hr, not included in the total 12. Generation by Plant Type [ GWh] 2005 2010 2020 2026      Scrubbed Coal_ NOx 1 200987. 223633. 1019291. 1686517. Scrubbed Coal 2 406963. 346161. 330978. 319505. Unscrubbed Coal_ NOx 3 352983. 183414. 174340. 167329. Unscrubbed Coal 4 816290. 629081. 559310. 502797. Oil/ Gas Steam 5 36243. 52437. 19677. 12349. Oil/ Gas Steam_ Nox 6 26397. 3101. 1324. 333. Nuclear 7 785779. 790910. 786984. 775818. Hydro 8 269380. 269380. 269380. 269380. Comb. Cycle Gas 9 471593. 642568. 641009. 539140. IGCC 10 4702. 4702. 4702. 4702. Turbine 11 15796. 30051. 63073. 78818. Biomass 12 8888. 9550. 10942. 12144. Geothermal 13 22429. 23518. 24571. 24571. Landfill Gas 14 3958. 5206. 7694. 11627. Wind 15 14310. 16026. 18272. 18272. Fuel Cell 16 28. 45. 40. 60. Solar 17 886. 892. 892. 892. Non Fossil_ Other 18 17936. 17936. 17936. 17936. Fossil_ Other 19 985. 662. 662. 662. Pump Storage 20 11608. 11303. 12278. 13921. Int. Imports 21 44616. 28078. 22657. 22657. Cgn_ Coal 22 27780. 11478. 11424. 10919. Cgn_ Gas 23 80631. 119800. 96629. 71387. Cgn_ Oil 24 3162. 4452. 3803. 3115. Cgn_ Other 25 7112. 7082. 7002. 7076. NonCG IPP_ Coal 26 0. 0. 0. 0. NonCG IPP_ Gas 27 0. 0. 0. 0. NonCG IPP_ Other 28 0. 0. 0. 0. Blr_ Coal 29 0. 0. 0. 0. Blr_ Gas 30 0. 0. 0. 0. Blr_ Oil 31 0. 0. 0. 0. Blr_ Other 32 0. 0. 0. 0. SteamOnly Cogen 33 0. 0. 0. 0. Rep. Coal CC 34 0. 1093. 1093. 1093. Rep. O/ G CC 35 0. 89543. 91417. 91417. Rep. Coal IGCC 36 0. 4171. 4174. 4305. Ret. Scrubber 37 11243. 22328. 23392. 30945. Ret. ExistSCR & Scrub 38 0. 63890. 73777. 75685. Ret. ExistSNCR & Scrub 39 0. 194. 750. 750. Ret. SCR 40 196612. 125020. 187437. 217293. Ret. ExistScrub & SCR 41 113652. 156479. 169350. 167746. Ret. SNCR 42 0. 0. 1567. 4717. Ret. ExistScrub & SNCR 43 590. 279. 252. 250. Ret. SCR+ Scrb 44 1298. 47117. 60400. 63731. Ret. SNCR+ Scrub 45 0. 0. 0. 0. Ret. Gas Reburn 46 0. 0. 0. 0. Ret. ExistScrub+ GasR 47 0. 0. 0. 0. Ret. GasReburn+ Scrub 48 0. 0. 0. 0. Ret. ACI 49 0. 165003. 167550. 163409. Ret. ExistScrub& ACI 50 0. 32735. 33232. 32966. Ret. ExistSCR& ACI 51 0. 82796. 83951. 86358. Ret. ExistSNCR& ACI 52 0. 22996. 23654. 23419. Ret. ACI & SCR 53 0. 117762. 121392. 120159. Ret. ExistScrub& ACI& SCR 54 0. 0. 0. 0. Ret. ACI & SNCR 55 0. 0. 126. 175. Ret. ExistScrub& ACI& SNCR 56 0. 894. 908. 918. Ret. ACI & Srub 57 0. 0. 0. 0. Ret. ExistSCR& ACI& Scrub 58 0. 0. 0. 0. Ret. ExistSNCR& ACI& Scrub 59 0. 319. 401. 401. Ret. ExistSNCR& ExistScrub& ACI 60 0. 2997. 2970. 2925. Ret. ExistSCR& ExistScrub& ACI 61 0. 8843. 8843. 8843. Ret. ExistNOx& ExistScrub& ACI 62 0. 1389. 1490. 1463. Ret. SCR & Scrub & ACI 63 0. 0. 0. 0. Ret. SNCR & Scrub & ACI 64 0. 0. 0. 0. Ret. O/ G SCR 65 0. 7035. 2337. 2337. Ret. O/ G SNCR 66 0. 3919. 2693. 2409. Ret. Nuclear ( age 30+ 10 yrs) 67 0. 0. 0. 0. Ret. Nuclear ( age 40+ 20 yrs) 68 0. 0. 0. 0. Ret. Biomass Cofiring 69 0. 0. 0. 0. CT Early Retirement 70 0. 0. 0. 0. CC Early Retirement 71 0. 0. 0. 0. O/ G Early Retirement 72 0. 0. 0. 0. Coal Early Retirement 73 0. 0. 0. 0. Nuke Early Retirement 74 0. 0. 0. 0.      Total 3954837. 4388266. 5168026. 5675638. (**) Ind. Boiler generation in BBtu, not included in the total 13. Generation by Plant Type [ TBtu] 2005 2010 2020 2026      Scrubbed Coal_ NOx 1 686. 763. 3478. 5754. Scrubbed Coal 2 1389. 1181. 1129. 1090. Unscrubbed Coal_ NOx 3 1204. 626. 595. 571. Unscrubbed Coal 4 2785. 2146. 1908. 1716. Oil/ Gas Steam 5 124. 179. 67. 42. Oil/ Gas Steam_ Nox 6 90. 11. 5. 1. Nuclear 7 2681. 2699. 2685. 2647. Hydro 8 919. 919. 919. 919. Comb. Cycle Gas 9 1609. 2192. 2187. 1840. IGCC 10 16. 16. 16. 16. Turbine 11 54. 103. 215. 269. Biomass 12 30. 33. 37. 41. Geothermal 13 77. 80. 84. 84. Landfill Gas 14 14. 18. 26. 40. Wind 15 49. 55. 62. 62. Fuel Cell 16 0. 0. 0. 0. Solar 17 3. 3. 3. 3. Non Fossil_ Other 18 61. 61. 61. 61. Fossil_ Other 19 3. 2. 2. 2. Pump Storage 20 40. 39. 42. 47. Int. Imports 21 152. 96. 77. 77. Cgn_ Coal 22 95. 39. 39. 37. Cgn_ Gas 23 275. 409. 330. 244. Cgn_ Oil 24 11. 15. 13. 11. Cgn_ Other 25 24. 24. 24. 24. NonCG IPP_ Coal 26 0. 0. 0. 0. NonCG IPP_ Gas 27 0. 0. 0. 0. NonCG IPP_ Other 28 0. 0. 0. 0. Blr_ Coal 29 0. 0. 0. 0. Blr_ Gas 30 0. 0. 0. 0. Blr_ Oil 31 0. 0. 0. 0. Blr_ Other 32 0. 0. 0. 0. SteamOnly Cogen 33 0. 0. 0. 0. Rep. Coal CC 34 0. 4. 4. 4. Rep. O/ G CC 35 0. 306. 312. 312. Rep. Coal IGCC 36 0. 14. 14. 15. Ret. Scrubber 37 38. 76. 80. 106. Ret. ExistSCR & Scrub 38 0. 218. 252. 258. Ret. ExistSNCR & Scrub 39 0. 1. 3. 3. Ret. SCR 40 671. 427. 640. 741. Ret. ExistScrub & SCR 41 388. 534. 578. 572. Ret. SNCR 42 0. 0. 5. 16. Ret. ExistScrub & SNCR 43 2. 1. 1. 1. Ret. SCR+ Scrb 44 4. 161. 206. 217. Ret. SNCR+ Scrub 45 0. 0. 0. 0. Ret. Gas Reburn 46 0. 0. 0. 0. Ret. ExistScrub+ GasR 47 0. 0. 0. 0. Ret. GasReburn+ Scrub 48 0. 0. 0. 0. Ret. ACI 49 0. 563. 572. 558. Ret. ExistScrub& ACI 50 0. 112. 113. 112. Ret. ExistSCR& ACI 51 0. 282. 286. 295. Ret. ExistSNCR& ACI 52 0. 78. 81. 80. Ret. ACI & SCR 53 0. 402. 414. 410. Ret. ExistScrub& ACI& SCR 54 0. 0. 0. 0. Ret. ACI & SNCR 55 0. 0. 0. 1. Ret. ExistScrub& ACI& SNCR 56 0. 3. 3. 3. Ret. ACI & Srub 57 0. 0. 0. 0. Ret. ExistSCR& ACI& Scrub 58 0. 0. 0. 0. Ret. ExistSNCR& ACI& Scrub 59 0. 1. 1. 1. Ret. ExistSNCR& ExistScrub& ACI 60 0. 10. 10. 10. Ret. ExistSCR& ExistScrub& ACI 61 0. 30. 30. 30. Ret. ExistNOx& ExistScrub& ACI 62 0. 5. 5. 5. Ret. SCR & Scrub & ACI 63 0. 0. 0. 0. Ret. SNCR & Scrub & ACI 64 0. 0. 0. 0. Ret. O/ G SCR 65 0. 24. 8. 8. Ret. O/ G SNCR 66 0. 13. 9. 8. Ret. Nuclear ( age 30+ 10 yrs) 67 0. 0. 0. 0. Ret. Nuclear ( age 40+ 20 yrs) 68 0. 0. 0. 0. Ret. Biomass Cofiring 69 0. 0. 0. 0. CT Early Retirement 70 0. 0. 0. 0. CC Early Retirement 71 0. 0. 0. 0. O/ G Early Retirement 72 0. 0. 0. 0. Coal Early Retirement 73 0. 0. 0. 0. Nuke Early Retirement 74 0. 0. 0. 0.      Total 13494. 14973. 17633. 19365. (**) Ind. Boiler generation, not included in the total 14. Capacity Factor by Plant Type [%] 2005 2010 2020 2026      Scrubbed Coal_ NOx 1 84.1 84.9 85.0 84.6 Scrubbed Coal 2 81.5 84.1 84.1 81.6 Unscrubbed Coal_ NOx 3 81.8 82.1 83.7 82.9 Unscrubbed Coal 4 75.5 80.8 82.2 80.8 Oil/ Gas Steam 5 4.6 7.0 2.6 1.7 Oil/ Gas Steam_ Nox 6 27.3 6.5 2.8 0.7 Nuclear 7 90.5 90.9 90.2 88.9 Hydro 8 34.2 34.2 34.2 34.2 Comb. Cycle Gas 9 40.4 55.1 49.4 41.4 IGCC 10 87.7 87.7 87.7 87.7 Turbine 11 1.4 2.6 4.5 5.1 Biomass 12 75.3 75.9 77.1 85.6 Geothermal 13 87.0 87.0 87.0 87.0 Landfill Gas 14 90.0 88.8 87.5 86.7 Wind 15 32.2 32.1 32.1 32.1 Fuel Cell 16 18.6 30.3 27.1 40.1 Solar 17 24.5 24.5 24.5 24.5 Non Fossil_ Other 18 90.0 90.0 90.0 90.0 Fossil_ Other 19 90.0 60.5 60.5 60.5 Pump Storage 20 5.8 5.6 6.1 7.0 Int. Imports 21 46.3 29.1 23.5 23.5 Cgn_ Coal 22 79.4 83.3 83.2 81.9 Cgn_ Gas 23 21.7 32.3 26.1 19.3 Cgn_ Oil 24 33.8 47.5 40.6 33.3 Cgn_ Other 25 75.5 75.2 74.4 75.1 NonCG IPP_ Coal 26 N/ A N/ A N/ A N/ A NonCG IPP_ Gas 27 N/ A N/ A N/ A N/ A NonCG IPP_ Other 28 N/ A N/ A N/ A N/ A Blr_ Coal 29 N/ A N/ A N/ A N/ A Blr_ Gas 30 N/ A N/ A N/ A N/ A Blr_ Oil 31 N/ A N/ A N/ A N/ A Blr_ Other 32 N/ A N/ A N/ A N/ A SteamOnly Cogen 33 N/ A N/ A N/ A N/ A Rep. Coal CC 34 N/ A 90.4 90.4 90.4 Rep. O/ G CC 35 N/ A 90.4 89.9 89.9 Rep. Coal IGCC 36 N/ A 87.7 87.7 87.7 Ret. Scrubber 37 85.0 85.0 81.7 79.4 Ret. ExistSCR & Scrub 38 N/ A 85.0 85.0 85.0 Ret. ExistSNCR & Scrub 39 N/ A 85.0 85.0 85.0 Ret. SCR 40 80.9 78.4 81.9 81.4 Ret. ExistScrub & SCR 41 83.6 84.0 83.1 81.4 Ret. SNCR 42 N/ A N/ A 63.9 72.9 Ret. ExistScrub & SNCR 43 71.6 71.2 64.3 63.9 Ret. SCR+ Scrb 44 85.0 85.0 85.0 85.0 Ret. SNCR+ Scrub 45 N/ A N/ A N/ A N/ A Ret. Gas Reburn 46 N/ A N/ A N/ A N/ A Ret. ExistScrub+ GasR 47 N/ A N/ A N/ A N/ A Ret. GasReburn+ Scrub 48 N/ A N/ A N/ A N/ A Ret. ACI 49 N/ A 81.9 82.1 79.6 Ret. ExistScrub& ACI 50 N/ A 83.8 84.4 83.4 Ret. ExistSCR& ACI 51 N/ A 85.0 85.0 84.8 Ret. ExistSNCR& ACI 52 N/ A 82.7 81.9 78.6 Ret. ACI & SCR 53 N/ A 84.8 84.6 83.2 Ret. ExistScrub& ACI& SCR 54 N/ A N/ A N/ A N/ A Ret. ACI & SNCR 55 N/ A N/ A 79.7 74.0 Ret. ExistScrub& ACI& SNCR 56 N/ A 78.9 76.9 76.9 Ret. ACI & Srub 57 N/ A N/ A N/ A N/ A Ret. ExistSCR& ACI& Scrub 58 N/ A N/ A N/ A N/ A Ret. ExistSNCR& ACI& Scrub 59 N/ A 85.0 85.0 85.0 Ret. ExistSNCR& ExistScrub& ACI 60 N/ A 82.6 81.5 79.8 Ret. ExistSCR& ExistScrub& ACI 61 N/ A 85.0 85.0 85.0 Ret. ExistNOx& ExistScrub& ACI 62 N/ A 78.9 81.1 78.9 Ret. SCR & Scrub & ACI 63 N/ A N/ A N/ A N/ A Ret. SNCR & Scrub & ACI 64 N/ A N/ A N/ A N/ A Ret. O/ G SCR 65 N/ A 36.2 12.0 12.0 Ret. O/ G SNCR 66 N/ A 17.5 12.0 10.8 Ret. Nuclear ( age 30+ 10 yrs) 67 N/ A N/ A N/ A N/ A Ret. Nuclear ( age 40+ 20 yrs) 68 N/ A N/ A N/ A N/ A Ret. Biomass Cofiring 69 N/ A N/ A N/ A N/ A CT Early Retirement 70 0.0 0.0 0.0 0.0 CC Early Retirement 71 0.0 0.0 0.0 0.0 O/ G Early Retirement 72 0.0 0.0 0.0 0.0 Coal Early Retirement 73 0.0 0.0 0.0 0.0 Nuke Early Retirement 74 N/ A N/ A N/ A N/ A      Average 45.9 50.3 51.5 51.4 15. Total Annual Production Cost [ MMUS$](*) 2005 2010 2020 2026      Variable O& M 6083.5 7622.6 10200.6 12080.6 Fixed O& M 28825.8 30470.8 36538.4 39211.6 Fuel 46121.2 57471.8 62308.3 66794.9 Capital 391.7 3053.8 23521.4 39816.4      Total 81422.1 98619.0 132568.8 157903.5 Sales Revenue 0.0 0.0 0.0 0.0 (*) Costs include only those items that are important for determining incremental cost of pollution control ( industrial boiler costs are included)

16. Emissions 2005 2010 2020 2026      SO2 [ MTons] 10992.9817 9158.7878 9241.8067 8957.0564 NOX [ MTons] 3959.2181 3044.7591 3262.1249 3443.5354 TSP [ MTons] 0.0000 0.0000 0.0000 0.0000 CO2 [ MMTonnes] 2264.5447 2511.8783 3154.5277 3618.4401 Carbon [ MMTonnes] 617.6031 685.0577 860.3257 986.8473 MER [ Tons] 54.8069 39.5895 42.2859 43.8000 (**) Industrial Boiler emissions are included Fuel Consumption by Fuel and Fuel Type [ TBtu]

Fuel 2005 2010 2020 2026 Coal 21195.4 22408.9 29493.5 34933.3 Oil 0.7 10.2 10.2 10.2 Nuclear 8282.4 8334.5 8293.7 8175.7 Hydro 0.0 0.0 0.0 0.0 Gas 5016.1 7487.3 7105.7 6167.1 Other 72.7 81.4 106.3 145.6 None 799.9 835.2 869.3 869.3 Biomass 105.9 111.3 122.1 133.8 Grand Total 35473.0 39268.8 46000.7 50434.9 Fuel Costs by Fuel and Fuel Type [ MMUS$]

Fuel 2005 2010 2020 2026 Coal 24843.5 25244.6 30547.5 35440.0 Oil 2.3 34.2 36.6 38.1 Nuclear 3354.4 3433.8 3367.2 3319.3 Hydro 0.0 0.0 0.0 0.0 Gas 17767.8 28596.1 28173.2 27780.9 Other 0.0 0.0 0.0 0.0 None 0.0 0.0 0.0 0.0 Biomass 153.1 163.1 183.7 216.5 Fuel Costs by Fuel and Fuel Type [ US$/ MMBtu]

Fuel 2005 2010 2020 2026 Coal 1.17 1.13 1.04 1.01 Oil 3.24 3.35 3.58 3.73 Nuclear 0.40 0.41 0.41 0.41 Hydro 0.00 0.00 0.00 0.00 Gas 3.54 3.82 3.96 4.50 Other 0.00 0.00 0.00 0.00 None 0.00 0.00 0.00 0.00 Biomass 1.45 1.47 1.51 1.62 Environmental Measures Report Constraint Name: SO2 Policy Case Constraint Constraint #: 1 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 0.1161E+ 05 9016. 8813. 8813.  Emissions at Affected Plants [ MTons] 0.1085E+ 05 9015. 9097. 8813.  Less Allowances Purchased [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 755.9 0.8584 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000  284.2 0.000 Total [ MTons] 0.1161E+ 05 9016. 8813. 8813.

TBtu Consumed 0.2170E+ 05 0.2298E+ 05 0.2970E+ 05 0.3509E+ 05 Rate  [ lb/ MMBtu] 1.000 0.7845 0.6126 0.5023 TWh Generated 2190. 2316. 3091. 3718. TWh Generated Qualifying 2190. 2316. 3091. 3718. Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 187.5 242.2 357.1 481.1 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 2 Environmental Measures Report Constraint Name: MER National Constraint ( Non Binding) Constraint #: 2 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ Lb] 0.4000E+ 09 0.4000E+ 09 0.4000E+ 09 0.4000E+ 09  Emissions at Affected Plants [ Lb] 0.9442E+ 05 0.6383E+ 05 0.6921E+ 05 0.7221E+ 05  Less Allowances Purchased [ Lb] MER 0.000 0.000 0.000 0.000  Plus Allowances Sold [ Lb] MER 0.000 0.000 0.000 0.000  Plus Allowances Banked [ Lb] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ Lb] 0.000 0.000 0.000 0.000 Total [ Lb] 0.9442E+ 05 0.6383E+ 05 0.6921E+ 05 0.7221E+ 05 TBtu Consumed 0.2102E+ 05 0.2222E+ 05 0.2930E+ 05 0.3474E+ 05 Rate  [ lb/ MMBtu] 0.4493E 05 0.2873E 05 0.2362E 05 0.2079E 05 TWh Generated 2116. 2236. 3048. 3680. TWh Generated Qualifying 2116. 2236. 3048. 3680. Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Lb] 0.000 0.000 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 3 Environmental Measures Report Constraint Name: SO2 Policy for State of New Hampshire Constraint #: 3 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 0.1000E+ 06 7.289 7.289 7.289  Emissions at Affected Plants [ MTons] 44.67 7.289 7.289 7.289  Less Allowances Purchased [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 44.67 7.289 7.289 7.289 TBtu Consumed 42.58 41.87 41.87 41.87 Rate  [ lb/ MMBtu] 2.098 0.3482 0.3482 0.3482 TWh Generated 4.304 4.173 4.173 4.173 TWh Generated Qualifying 4.304 4.173 4.173 4.173 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 869.5 1232. 1652. MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 4 Environmental Measures Report Constraint Name: SO2 Policy for State of Wisconsin Constraint #: 4 Constraint Type: Rate Limit [ lb/ MMBtu] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ lb/ MMBtu] 0.1000E+ 06 0.7000 0.4500 0.4500  Emissions at Affected Plants [ MTons] 81.61 75.61 45.30 45.18  Less Allowances Purchased [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 81.61 75.61 45.30 45.18 TBtu Consumed 210.8 216.0 201.3 200.8 Rate  [ lb/ MMBtu] 0.7744 0.7000 0.4500 0.4500 TWh Generated 20.98 21.41 19.89 19.83 TWh Generated Qualifying 20.98 21.41 19.89 19.83 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 949.0 1834. 821.2 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 5 Environmental Measures Report Constraint Name: SO2 Policy for State of North Carolina Constraint #: 5 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 0.1000E+ 06 180.0 130.0 130.0  Emissions at Affected Plants [ MTons] 601.9 180.0 130.0 130.0  Less Allowances Purchased [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 601.9 180.0 130.0 130.0 TBtu Consumed 853.8 881.5 886.9 885.2 Rate  [ lb/ MMBtu] 1.410 0.4084 0.2932 0.2937 TWh Generated 89.22 91.97 92.34 92.15 TWh Generated Qualifying 89.22 91.97 92.34 92.15 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 931.1 1062. 404.9 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 6 Environmental Measures Report Constraint Name: SO2 Policy for State of Massachusetts Constraint #: 6 Constraint Type: Rate Limit [ lb/ MWh] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ lb/ MWh] 0.1000E+ 06 3.000 3.000 3.000  Emissions at Affected Plants [ MTons] 82.65 18.40 19.44 19.44  Less Allowances Purchased [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 82.65 18.40 19.44 19.44 TBtu Consumed 115.4 129.9 139.9 139.9 Rate  [ lb/ MMBtu] 1.432 0.2833 0.2778 0.2778 TWh Generated 11.99 14.02 15.04 15.04 TWh Generated Qualifying 11.99 14.02 15.04 15.04 Constraint Shadow Price [ US$/ Ton] 0.000 865.4 911.7 794.5 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 7 Environmental Measures Report Constraint Name: SO2 Policy for Rest of Texas East Constraint #: 7 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 111.2 111.2 111.2 111.2  Emissions at Affected Plants [ MTons] 111.2 111.2 101.1 38.98  Less Allowances Purchased [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] SO2 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 111.2 111.2 101.1 38.98 TBtu Consumed 255.2 402.9 282.5 250.1 Rate  [ lb/ MMBtu] 0.8712 0.5519 0.7158 0.3118 TWh Generated 24.48 38.94 27.21 23.93 TWh Generated Qualifying 24.48 38.94 27.21 23.93 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 254.4 271.4 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 8 Environmental Measures Report Constraint Name: NOx SIP CALL Constraint Constraint #: 8 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 SUMMER Run Year, Seasons Included: 2010 SUMMER Run Year, Seasons Included: 2020 SUMMER Run Year, Seasons Included: 2026 SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 503.0 503.0 503.0 503.0  Emissions at Affected Plants [ MTons] 503.0 503.0 503.0 503.0  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 503.0 503.0 503.0 503.0 TBtu Consumed 5751. 6544. 7533. 8085. Rate  [ lb/ MMBtu] 0.1749 0.1537 0.1335 0.1244 TWh Generated 604.7 691.8 805.4 869.0 TWh Generated Qualifying 604.7 691.8 805.4 869.0 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 2031. 2617. 2936. 3227. MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 9 Environmental Measures Report Constraint Name: NOx Policy for East Central Texas Constraint #: 9 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 123.5 123.5 123.5 123.5  Emissions at Affected Plants [ MTons] 123.5 123.5 111.2 106.7  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 123.5 123.5 111.2 106.7 TBtu Consumed 1400. 1577. 1378. 1281. Rate  [ lb/ MMBtu] 0.1764 0.1566 0.1614 0.1665 TWh Generated 143.0 161.7 141.4 130.5 TWh Generated Qualifying 143.0 161.7 141.4 130.5 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 1315. 2933. 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 10 Environmental Measures Report Constraint Name: NOx Policy for Dallas/ Fort Texas Constraint #: 10 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 2.164 2.164 2.164 2.164  Emissions at Affected Plants [ MTons] 2.164 2.164 1.768 0.4182  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 2.164 2.164 1.768 0.4182 TBtu Consumed 24.62 34.21 25.31 8.651 Rate  [ lb/ MMBtu] 0.1758 0.1265 0.1397 0.9669E 01 TWh Generated 2.452 3.287 2.518 0.8678 TWh Generated Qualifying 2.452 3.287 2.518 0.8678 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 196.5 5996. 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 11 Environmental Measures Report Constraint Name: NOx Policy for Houston Texas Constraint #: 11 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 4.710 4.710 4.710 4.710  Emissions at Affected Plants [ MTons] 4.710 4.710 4.710 4.710  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 4.710 4.710 4.710 4.710 TBtu Consumed 192.0 207.3 190.2 189.0 Rate  [ lb/ MMBtu] 0.4905E 01 0.4544E 01 0.4953E 01 0.4983E 01 TWh Generated 21.06 23.26 19.96 19.93 TWh Generated Qualifying 21.06 23.26 19.96 19.93 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.3561E+ 05 0.7247E+ 05 0.4878E+ 05 0.3799E+ 05 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 12 Environmental Measures Report Constraint Name: NOx Policy for Rest of Texas East Constraint #: 12 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 58.38 58.38 58.38 58.38  Emissions at Affected Plants [ MTons] 36.35 44.14 34.37 31.25  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 36.35 44.14 34.37 31.25 TBtu Consumed 255.2 402.9 282.5 250.1 Rate  [ lb/ MMBtu] 0.2848 0.2191 0.2433 0.2499 TWh Generated 24.48 38.94 27.21 23.93 TWh Generated Qualifying 24.48 38.94 27.21 23.93 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 0.000 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 13 Environmental Measures Report Constraint Name: NOx Policy for Rest of Texas West Constraint #: 13 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 17.67 17.67 17.67 17.67  Emissions at Affected Plants [ MTons] 10.22 17.67 6.925 5.808  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 10.22 17.67 6.925 5.808 TBtu Consumed 45.15 84.95 33.33 25.40 Rate  [ lb/ MMBtu] 0.4526 0.4161 0.4155 0.4573 TWh Generated 4.611 8.524 3.348 2.589 TWh Generated Qualifying 4.611 8.524 3.348 2.589 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 994.4 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 14 Environmental Measures Report Constraint Name: NOx Policy for El Paso Texas Constraint #: 14 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 1.058 1.058 1.058 1.058  Emissions at Affected Plants [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 0.000 0.000 0.000 0.000 TBtu Consumed 0.000 0.000 0.000 0.000 Rate  [ lb/ MMBtu] 0.000 0.000 0.000 0.000 TWh Generated 0.000 0.000 0.000 0.000 TWh Generated Qualifying 0.000 0.000 0.000 0.000 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 0.000 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 15 Environmental Measures Report Constraint Name: NOx Policy for State of Missouri Constraint #: 15 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 SUMMER Run Year, Seasons Included: 2010 SUMMER Run Year, Seasons Included: 2020 SUMMER Run Year, Seasons Included: 2026 SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 43.95 43.95 43.95 43.95  Emissions at Affected Plants [ MTons] 43.94 43.95 43.95 43.95  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.7528E 02 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000  0.3226E 02 0.000 0.000 Total [ MTons] 43.95 43.95 43.95 43.95 TBtu Consumed 329.8 392.2 403.8 402.8 Rate  [ lb/ MMBtu] 0.2665 0.2241 0.2177 0.2182 TWh Generated 32.25 38.50 39.53 39.45 TWh Generated Qualifying 32.25 38.50 39.53 39.45 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 1220. 1575. 2229. 935.2 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 16 Environmental Measures Report Constraint Name: NOx Policy for State of New Hampshire Constraint #: 16 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 0.1000E+ 06 3.644 3.644 3.644  Emissions at Affected Plants [ MTons] 11.40 3.112 3.112 3.112  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 11.40 3.112 3.112 3.112 TBtu Consumed 42.58 41.87 41.87 41.87 Rate  [ lb/ MMBtu] 0.5355 0.1486 0.1486 0.1486 TWh Generated 4.304 4.173 4.173 4.173 TWh Generated Qualifying 4.304 4.173 4.173 4.173 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 0.000 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 17 Environmental Measures Report Constraint Name: NOx Policy for State of Wisconsin Constraint #: 17 Constraint Type: Rate Limit [ lb/ MMBtu] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ lb/ MMBtu] 2.000 0.2500 0.1500 0.1500  Emissions at Affected Plants [ MTons] 34.88 27.00 15.10 15.06  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 34.88 27.00 15.10 15.06 TBtu Consumed 210.8 216.0 201.3 200.8 Rate  [ lb/ MMBtu] 0.3310 0.2500 0.1500 0.1500 TWh Generated 20.98 21.41 19.89 19.83 TWh Generated Qualifying 20.98 21.41 19.89 19.83 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 1376. 1870. 1906. MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 18 Environmental Measures Report Constraint Name: NOx Policy for State of North Carolina Constraint #: 18 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 0.1000E+ 06 56.00 56.00 56.00  Emissions at Affected Plants [ MTons] 153.9 56.00 55.69 54.95  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 153.9 56.00 55.69 54.95 TBtu Consumed 853.8 881.5 886.9 885.2 Rate  [ lb/ MMBtu] 0.3605 0.1271 0.1256 0.1241 TWh Generated 89.22 91.97 92.34 92.15 TWh Generated Qualifying 89.22 91.97 92.34 92.15 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Ton] 0.000 320.6 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 19 Environmental Measures Report Constraint Name: NOX Policy for State of Massachusetts Constraint #: 19 Constraint Type: Rate Limit [ lb/ MWh] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ lb/ MWh] 1.500 1.500 1.500 1.500  Emissions at Affected Plants [ MTons] 8.990 8.419 9.292 9.292  Less Allowances Purchased [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] NOX 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 8.990 8.419 9.292 9.292 TBtu Consumed 115.4 129.9 139.9 139.9 Rate  [ lb/ MMBtu] 0.1558 0.1296 0.1328 0.1328 TWh Generated 11.99 14.02 15.04 15.04 TWh Generated Qualifying 11.99 14.02 15.04 15.04 Constraint Shadow Price [ US$/ Ton] 894.1 0.000 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 20 Environmental Measures Report Constraint Name: MER Policy for State of Wisconsin Constraint #: 20 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ Lb] 0.2000E+ 12 1700. 940.0 940.0  Emissions at Affected Plants [ Lb] 871.9 819.6 798.3 772.4  Less Allowances Purchased [ Lb] MER 0.000 0.000 0.000 0.000  Plus Allowances Sold [ Lb] MER 0.000 0.000 0.000 0.000  Plus Allowances Banked [ Lb] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ Lb] 0.000 0.000 0.000 0.000 Total [ Lb] 871.9 819.6 798.3 772.4 TBtu Consumed 210.8 216.0 201.3 200.8 Rate  [ lb/ MMBtu] 0.4137E 05 0.3794E 05 0.3966E 05 0.3846E 05 TWh Generated 20.98 21.41 19.89 19.83 TWh Generated Qualifying 20.98 21.41 19.89 19.83 Rate  [ lb/ MWh] 0.000 0.000 0.000 0.000 Constraint Shadow Price [ US$/ Lb] 0.000 0.000 0.000 0.000 MACT 2003_ sensitivity  MACT proposal 2003 with alternative assumptions for natural gas and electric growth Page: 10. 21 Environmental Measures Report Constraint Name: CO2 Constraint for New Hampshire Constraint #: 21 Constraint Type: Rate Cap [ MTons] Run Year, Seasons Included: 2005 WINTER SUMMER Run Year, Seasons Included: 2010 WINTER SUMMER Run Year, Seasons Included: 2020 WINTER SUMMER Run Year, Seasons Included: 2026 WINTER SUMMER Time Base: Seasonal/ Annual 2005 2007 2008 2014 2015 2022 2023 2030 Standard  [ MTon] 0.1000E+ 08 5426. 5426. 5426.  Emissions at Affected Plants [ MTons] 4371. 4298. 4298. 4298.  Less Allowances Purchased [ MTons] CO2 0.000 0.000 0.000 0.000  Plus Allowances Sold [ MTons] CO2 0.000 0.000 0.000 0.000  Plus Allowances Banked [ MTons] 0.000 0.000 0.000 0.000  Less Allowances Withdrawn [ MTons] 0.000 0.000 0.000 0.000 Total [ MTons] 4371. 4298. 4298. 4298.


[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Rules and Regulations]
[Pages 25235-25236]
[FR Doc No: 2015-10362]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 450

[EPA-HQ-OW-2010-0884; FRL-9926-32-OW]

Effluent Limitations Guidelines and Standards for the
Construction and Development Point Source Category; Correcting
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On March 6, 2014, EPA published a final rule in the Federal
Register revising effluent limitations guidelines and standards for the
construction and development point source category. This correcting
amendment corrects errors in the amendatory language of the March 6,
2014 final rule.

DATES: The indefinite stay at 40 CFR 450.22(a) and (b) is lifted and
this rule is effective on May 4, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Jesse W. Pritts, Engineering and
Analysis Division, Office of Water (4303T), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA published a final rule on March 6, 2014
(79 FR 12661) to amend 40 CFR part 450. The amendatory instructions EPA
provided in this final rule for the changes at 40 CFR 450.22(a) and (b)
were incorrect. Since the provisions at Sec.  450.22(a) and (b) had
been previously indefinitely stayed by EPA, the amendatory instructions
should have included a lift of the stay so that the CFR could reflect
that those provisions had been amended. EPA did not include language
lifting the stay in the March 6, 2014 amendatory instructions. This
action provides corrected amendatory instructions so that the
amendments promulgated on March 6, 2014 can be incorporated into the
CFR.
    EPA has determined that this action falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedure Act
(APA), which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary, or contrary to the public
interest. Public notice and comment for this action is unnecessary
because this action only incorporates previously promulgated regulatory
changes into the CFR. EPA inadvertently provided incorrect instructions
to incorporate those changes into the CFR. EPA can identify no reason
why the public would be interested in having the opportunity to comment
on the correction prior to this action being finalized since this
action does not alter any regulatory requirements.
    EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C.

553(d)(3). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
This rule, however, does not alter any regulatory requirements, and
thus there are no affected parties as explained above. Rather, this
action merely corrects inadvertent errors in the amendatory language
for the CFR. For these reasons, EPA finds good cause under APA section
553(d)(3) for this correction to become effective on the date of
publication of this action.

Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action corrects an inadvertent error in the amendatory
instructions of EPA's March 6, 2014, final rule regarding the
construction and development point source category and imposes no
information collection burden on the industry because it does not
contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

    The Administrator certifies that this action will not have a
significant economic impact on a substantial number of small entities
under the RFA. This action will not impose any requirements on small
entities. This action corrects an inadvertent error in the amendatory
instructions of EPA's March 6, 2014, final rule regarding the
construction and development point source category and imposes no
additional requirements on the industry.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action is not subject to Executive Order 12898 because it does
not concern or affect human health or environmental risk.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule, as
discussed in the SUPPLEMENTARY INFORMATION section of this preamble,
which includes the basis for that finding.

List of Subjects in 40 CFR Part 450

    Environmental protection, Construction industry, Land development,
Water pollution control.

    Dated: April 24, 2015.
Kenneth J. Kopocis,
Deputy Assistant Administrator, Office of Water.

    In rule FR Doc. 2014-04612 published on March 6, 2014, (79 FR
12661), make the following correction:
    On page 12667, in the second column, revise amendatory instruction
number 4. to read as follows:

Sec.  450.22  [Corrected]

0
4. Amend Sec.  450.22 by:
0
a. Lifting the indefinite stay on paragraphs (a) and (b); and
0
b. Removing and reserving paragraphs (a) and (b).

[FR Doc. 2015-10362 Filed 5-1-15; 08:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 8, 2009 (Volume 74, Number 108)]
[Notices]
[Page 27222-27224]
[DOCID:fr08jn09-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60019; File No. SR-BATS-2009-018]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Change
the Criteria for Becoming a Member of the Nominating Committee

June 1, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 28, 2009, BATS Exchange, Inc. (``BATS'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated this proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Article VI, Section 2 of the Amended
and Restated By-Laws of BATS Exchange, Inc. (the ``By-Laws'').
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend the Exchange's By-Laws, specifically
Article VI, Section 2, for the purpose of allowing additional Directors
to serve on the Nominating Committee. As currently written, the By-Laws
allow only one Director in his or her final year of service on the
Board to serve on the Nominating Committee, and that Director must be a
Non-Industry Director. The Exchange proposes an amendment to Article
VI, Section 2 to allow any Director whose class \5\ is not being
considered for nomination and election in the coming year to serve on
the Nominating Committee. The proposed amendment would expand the
number of current Directors eligible for participation on the
Nominating Committee, and allow more Directors to participate in the
Nominating Committee and thereby be more closely involved in the
process of identifying candidates to serve as Directors.\6\
---------------------------------------------------------------------------

    \5\ As described in Article III, Section 3(b) of the By-Laws,
Directors are divided into three classes and serve staggered terms.
    \6\ The proposed rule change would have no effect on the process
of selecting Member Representative Directors as described in Article
III, Section 4 and Article VI, Sections 1 and 3 of the By-Laws.
---------------------------------------------------------------------------

    The Exchange believes that more than one Director, including
Industry Directors, should be permitted to serve on the Nominating
Committee and that the current By-Laws, which allow only a single Non-
Industry Director to serve on the Nominating Committee in his or her
last year of service, is unduly restrictive. The Exchange is proposing
to retain the requirement that the number of Non-Industry members of
the Nominating Committee shall equal or exceed the number of Industry
members on the Nominating Committee and believes that this requirement
is sufficient to ensure adequate representation of Industry and Non-
Industry interests.
    In addition, as proposed, the Exchange would prohibit any Director
from serving on the Nominating Committee if that Director's class is up
for reelection, unless that Director is in his or her final year of
service and is not standing for reelection. The Exchange believes that
this prohibition would sufficiently prevent a Director from
participating in nominating himself or herself to the Board. At the
same time, the Exchange's proposal is less restrictive than the current
prohibition and would, therefore, enable a larger number of current
Directors to consider participation on the Nominating Committee.
    The Exchange has proposed these changes because it believes that
Directors are particularly well-suited to nominate Director candidates
due to the first-hand knowledge they gain through service on the Board.
In particular, Directors serving on the Nominating Committee will be
qualified to evaluate the strengths and weaknesses of the Board and
find other candidates for Director that best fit the needs of the
Board. Additionally, the experience brought by Directors to the
Nominating Committee will be an asset to any non-Director members of
the Nominating Committee through the sharing of knowledge and
information about the operations of the Exchange and the Board.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of: (1)
Section 6(b)(1) of the Act,\8\ which requires a national securities
exchange to be so organized and have the capacity to carry out purposes
of the Act and to enforce compliance by its members and persons
associated with its members with the provisions of the Act; (2) Section
6(b)(3) of the Act,\9\ which requires that the rules of a national
securities exchange assure the fair representation of its members in
the selection of its directors and administration of its affairs, and
provides that one or more directors shall be representative of issuers
and investors and not be associated with a member of the exchange,
broker or dealer (the ``fair representation requirement''); and Section
6(b)(5) of the Act,\10\ in that it is designed, among other things, to
prevent fraudulent and manipulative acts and practices, 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78(b)(1).
    \9\ 15 U.S.C. 78(b)(3).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, Members will continue to be represented on the Board
and on key standing committees. Further, the Exchange's proposal does
not alter the existing compositional requirements of the Board, which
provide a balance between Industry, Member, Non-Industry, and
Independent representatives, nor does the proposal alter the existing
compositional balance between Industry and Non-Industry representatives
on the Nominating Committee.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    Because the foregoing proposed rule change is non-controversial and
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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. BATS has met this requirement.
---------------------------------------------------------------------------

    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 proposal 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-BATS-2009-018 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 No. SR-BATS-2009-018. 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 such filing will also 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 No. SR-BATS-2009-018 and should be
submitted on or before June 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-13208 Filed 6-5-09; 8:45 am]

BILLING CODE 8010-01-P


COMMON INTEREST PRIVILEGE ASSERTED/CONFIDENTIAL

TSRIA AND EPA MEETING ON YELLOWSTONE COUNTY SO2 DESIGNATION
TSRIA Discussion Points
For January 15, 2014 Meeting

Meeting Focus:  Yellowstone County presents a unique case that should not have been designated nonattainment.

EPA should (1) reconsider and repeal the Yellowstone SO2 Designation based on new data that further demonstrate that no portion of Yellowstone County should have been designated nonattainment for the 2010 SO2 NAAQS; and (2) stay the Yellowstone SO2 Designation pending completion of EPA's administrative proceedings.

Main Discussion Points:
Overview of Petition for Reconsideration:  Yellowstone County should not have been designated nonattainment based on CAA statutory requirements.  The Administrator must base NAAQS designations on:
The state's initial designation, which was "unclassifiable" for Yellowstone County.
The State of Montana (State) submitted an initial designation determination of "unclassifiable" for Yellowstone County on May 27, 2011 based on its conclusion that 2010 emissions were not representative.
The State reaffirmed its determination that Yellowstone County should be designated "unclassifiable" in comments to EPA disputing EPA's proposed modification of the initial designation on April 3, 2013.
State representatives including the Governor, U.S. Congressmen, County Commissioners, and the Mayor of Billings all supported the unclassifiable designation with letters of support and discussions with EPA.
The State only provided a five-factor analysis justifying a smaller nonattainment area in Yellowstone County as a fallback in case EPA rejected the State's "unclassifiable" designation.
EPA's Yellowstone SO2 designation went against the State's sustained assertion that Yellowstone County should be designated "unclassifiable."
Air quality data, all of which (excluding unreliable and unrepresentative ambient data) demonstrate attainment.
Planning and control considerations, which demonstrate that permanent and enforceable emission controls have been put in place over the last several years; SO2 emissions and concentrations have decreased and will continue to decrease in the foreseeable future in Yellowstone County.
Any other air quality-related considerations the Administrator deems appropriate, such as the fact that Yellowstone County has demonstrated attainment by a significant margin since the effective date of the rule.
Newly available air quality data for Yellowstone County clearly demonstrate that:
Yellowstone County has been attaining the NAAQS since the effective date of the 2010 SO2 NAAQS. (Chart 1, showing 2013 data.)
Ambient data from 2010 is non-representative and unreliable and should not form the basis for a nonattainment designation. (Charts 2, 3, 4, and 5 with 2013 data demonstrating outlier nature of 2010 data.)
EPA's use of emissions from 2008 and 2010 as comparisons to portray 2009 and 2011 emissions as uncharacteristically low is misleading. (Charts 2 and 3 show consistently lower emissions in all but these two years.)
EPA's Yellowstone SO2 Designation did not reflect all available air quality data, planning and control considerations, and other relevant air quality considerations but instead gave unwarranted weight to one questionable outlier year of monitoring data, resulting in an erroneous nonattainment designation.
Because the 2009-2011 design value for Yellowstone County is within the margin of error, EPA must closely examine all ambient data for the area and reject the questionable 2010 data to make such a close call.
Even minor deviations and quality lapses in the ambient data make it unusable and impact the designation outcome.
The new data further expose EPA's incomplete reasoning that any problems with 2010 ambient data are compensated for by the use of a three-year average to determine the design value; however the problematic 2010 data overpower the averaging and lead to the erroneous outcome of the designation.
The new ambient data gathered after the effective date do not suffer from the same quality concerns and provide a reliable basis for a NAAQS designation that is consistent with all of the other considerations required under the Clean Air Act.
EPA should repeal the Yellowstone SO2 Designation and more reasonably weigh the State's initial designation, all available air quality data, planning and control considerations, and other relevant air quality considerations to make the correct designation.
Because 4 of the past 5 years show ambient SO2 averages consistently below 75 ppb (2009, 2011, 2012, 2013  -  see Chart 4), and because the Yellowstone SO2 Designation is such a close call, EPA should not allow the one outlier year of 2010 that is based on questionable data to determine the designation.
The agency should also recognize and  weigh more favorably the downward emissions trend presented in Charts 2 and 3.
EPA gave disproportionate weight to 2008 and 2010 as representative emissions levels in its responses to comments and technical support documents even though emissions in both years were elevated by required control testing.
The new data make it even more apparent that 2008 and 2010 were exceptions from the consistent downward trend in SO2 emissions rather than 2009 and 2011 being "below past emissions levels." (MT TSD, p. 10)
Finally, we ask the agency to give proper weight to permanent and enforceable in-place controls that have recently been implemented rather than discounting the reductions brought about by the controls in 2009 and 2011, which have been further confirmed in 2012 and 2013.
The new lower emissions since 2009 have proven to be sustainable and representative.
The reductions in ambient monitor readings and emissions in 2009, 2011, 2012, and 2013 confirm the effectiveness of these permanent controls.
The Yellowstone SO2 Designation is unsupported, unnecessary to protect public health, and will thus cause unjustified economic harm to Yellowstone County.

Potential EPA Arguments to Rebut:
      WDEQ audits verify that 2009-2011 data are reliable enough to make the designation.
      EPA clean data policy mitigates problems with the nonattainment designation without requiring repeal of the designation.
      PPL Corette Plant needs controls  -  without nonattainment designation or unclassifiable designation, no significant SO2 controls will be put on the plant.
      CAA requires EPA to designate Yellowstone County nonattainment because monitoring data shows it exceeded the NAAQS.


Information for Magnetic Tape Residual Risk 1. HAP emission rate ( by pollutant, for magnetic tape operation) 2. Type of emissions ( fugitive vs. stack) 3. If fugitive emissions, the dimensions of the room/ building where the emissions come from 4. If stack emissions, the following stack parameters: Stack height Stack diameter Stack gas temperature Stack gas flow rate Stack gas velocity 5. Location of plant and/ or emission points ( latitude/ longitude) 6. Annual operating hours 7. Number of shifts per day 8. Control techniques 9. Results of any modeling, risk assessments ( broken out for magnetic tape operation)


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45430-45431]
[DOCID:fr05au08-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-13177-000]

Borough of Weatherly, Pennsylvania; Notice of Application for
Preliminary Permit Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Protests

July 29, 2008.
    On April 17, 2008, Borough of Weatherly, Pennsylvania filed an
application, pursuant to section 4(f) of the Federal Power Act (FPA),
to study the feasibility of Francis E. Walter Dam Water Power Project.
The proposed project would be located on the Lehigh River in Luzerne
and Carbon Counties, Pennsylvania. The existing facilities are owned by
the U.S. Army Corps of Engineers.
    The proposed project using the existing U.S. Army Corps of
Engineers' Francis E. Walter Dam and would consist of: (1) A proposed
intake structure, (2) a proposed 1,150-foot-long, 16-foot diameter
penstock, (3) a proposed powerhouse containing two generating units
having a total installed capacity of 11.5 megawatts, (4) a proposed
0.5-mile-long, 12.47 kilovolt transmission line, and (5) appurtenant
facilities. The proposed project would have an average annual
generation of 26 gigawatt-hours and be sold to a local utility.
    Applicant Contact: Charles F. Wheatley, Jr., Wheatley & Ranquist,
P.A., 34 Defense Street, Annapolis, MD 21401,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    FERC Contact: Jake Tung,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about

this project can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13177) in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17872 Filed 8-4-08; 8:45 am]

BILLING CODE 6717-01-P


LETTER REPORT ON PHASE I PRE OPTIMIZATION EXPERIMENTS FOR SUBSTRATE CHARACTERIZATION FOR BOVINE MICROSOMES EPA Contract Number 68 W 01 023 WA 2 24 May 8, 2003 PREPARED FOR GARY E. TIMM WORK ASSIGNMENT MANAGER U. S. ENVIRONMENTAL PROTECTION AGENCY ENDOCRINE DISRUPTOR SCREENING PROGRAM WASHINGTON, D. C.

BATTELLE 505 KING AVENUE COLUMBUS, OH 43201 Letter Report Work Assignment 2 24 Pre Validation of the Aromatase Assay using Human, Bovine, and Porcine Placental Microsomes, and Human Recombinant Microsomes Phase I Pre Optimization Experiments for Substrate Characterization for Bovine Microsomes 1 Introduction The pre optimization experiments were designed to assess the chemical and biological properties of the critical components that are used in the aromatase assay. These experiments included characterizing the radiolabeled substrate and preparation of placental microsomes. In addition, each of the four microsomal preparations ( human, bovine, and porcine placental microsomes and the human recombinant microsomes) was analyzed for protein concentration, cytochrome P450 ( P450) content, and aromatase activity. The P450 content measurement confirms that the enzyme is present ( and in what concentration/ preparation type) prior to beginning the more elaborate aromatase activity assay. Finally, a single aromatase activity assay determination using each type of microsomal preparation was included as a pre optimization experiment in order to determine whether the preparations are of sufficient activity to conduct the definitive optimization experiments.

This report includes the results of the pre optimization experiments related to bovine placental microsomes.

2 Materials and Methods 2.1 Chemicals Non radiolabeled 4 androstene 3,17 dione ( ASDN) was received through Battelle from Sigma ( St. Louis, MO). [ 1$ 3H( N)] Androst 4 ene 3,17 dione ([ 3H] ASDN) was obtained from Perkin Elmer Life Science, Boston, MA. NADP, glucose 6 phosphate, glucose 6 phosphate dehydrogenase, glycerol, niacinamide, dithiothreitol and bovine serum albumin ( BSA) were purchased from Sigma. Sodium phosphate monobasic, sodium phosphate dibasic, sucrose and propylene glycol were from JT Baker ( Phillipsburg, NC). Ultima Gold scintillation cocktail was purchased from Packard Instruments ( Meriden, CT). DC Protein assay kit was purchased from Biorad ( Hercules, CA) . Bovine Phase 1 Letter Report, Page 2 2.2 Placental Microsome Preparation A bovine placenta was received from NCSU's Reedy Creek Field Laboratories on February 27, 2003. Upon delivery, the placenta was placed in a plastic bag and left at ca. 0 NC. The placenta was transported on ice to RTI about 1.5 h after delivery. The tissue was placed in a tub that was nestled in a tub of ice and the cotyledons were dissected away from the membrane. Cotyledons were rinsed of soil with chilled isotonic saline prior to their transfer into beakers containing ice cold buffer ( 2: 1 tissue weight: buffer; 0.25 M sucrose, 0.05 M sodium phosphate ( pH 7.0), 0.04 M niacinamide). The cotyledons were minced with scissors and then were homogenized in portions using a Polytron homogenizer. The homogenate was transferred to centrifuge tubes and centrifuged at a setting of 10,000g for 30 min at 4 NC in an IEC B 22M centrifuge. The supernatant was transferred to ultracentrifuge tubes and was centrifuged at a setting of 35,000 rpm ( which is equivalent to approximately 100,000g) in a refrigerated Beckman L5 50B Ultracentrifuge for 1 h to obtain the crude microsomal pellet. The supernatant was decanted and discarded and the microsomal pellet was resuspended in a chilled buffer containing 0.1 M sodium phosphate buffer, pH 7.4. The sample was centrifuged again at a setting of 35,000 rpm in the Beckman L5 50B for 1 h to wash the microsomes. This washing procedure was repeated one additional time. The twice washed microsomal pellet was resuspended in chilled 0.1 M sodium phosphate buffer ( pH 7.4) containing 0.25 M sucrose, 20% glycerol and 0.05 M dithiothreitol. The microsomal suspension ( total volume ca. 15 mL) was divided among 20 vials, flash frozen in liquid nitrogen, and stored at ca.  70 NC.

2.3 Protein determination The protein concentration of the bovine placental microsome preparation was determined. A 6 point standard curve was prepared using BSA, ranging from 0.13 to 1.5 mg protein/ mL. Protein concentration was determined by using a DC Protein Assay kit. To a 25 : L aliquot of unknown or standard, 125 : L of BioRad DC Protein Kit Reagent A was added and mixed. Next, 1 mL of BioRad DC Protein Kit Reagent B was added to each standard or unknown and the samples were vortex mixed. The samples were allowed to sit at room temperature for at least 15 min to allow for color development. The absorbances are stable for about 1 h. Each sample ( unknowns and standards) was transferred to disposable polystyrene cuvettes and the visible absorbance (@ 750 nm) was measured using a spectrophotometer. The protein concentration of the microsomal sample was determined by extrapolation of the absorbance value using the curve developed from the absorbance of the protein standards.

2.4 P450 Content P450 content was determined for the bovine placental microsome preparation. Using the carbon monoxide ( CO) spectral assay of Omura and Sato ( 1964), a single experiment was conducted as described below. Bovine Phase 1 Letter Report, Page 3 A sample of the microsomal preparation was diluted 1: 20 in 0.1 M phosphate buffer ( pH 7.4). The diluted sample was gently bubbled with carbon monoxide for approximately 10 s and then was divided between a pair of matched cuvettes ( 1 mL/ cuvette). Next, a few grains of solid sodium dithionite was added to the sample cuvette with gentle mixing. The visible spectrum was then recorded from 400 to 500 nm using an Aminco split beam spectrophotometer.

The concentration ( nmol/ mL) of P450 was calculated according to Beer's Law using an extinction coefficient value for P450 of 100 mM 1 cm 1. The specific content ( nmol/ mg protein) was calculated by multiplying the P450 concentration ( nmol/ mL) times the dilution factor and dividing this product by the protein content ( mg/ mL) of the original sample.

2.5 Aromatase Activity Aromatase activity was determined for the bovine placental microsome preparation. A single experiment was conducted using only the substrate ([ 3H] ASDN/ ASDN). The assay was conducted as described in the following paragraph.

The [ 3H] ASDN/ ASDN substrate solution was prepared by combining solutions of [ 3H] ASDN and ASDN. A 1 mg/ mL solution of ASDN was prepared in ethanol. Serial dilutions of this solution were prepared in assay buffer to yield a solution containing ca. 1 : g ASDN/ mL. The [ 3H] ASDN stock was diluted 1: 100 in assay buffer to yield a solution containing ca. 10 : Ci/ mL. The substrate solution was prepared by combining 275 : L of the 1 : g ASDN/ mL solution, 100 : L of the 10 : Ci [ 3H] ASDN/ mL solution and 625 : L buffer.

The assay was performed in duplicate in 13x100 mm test tubes maintained at 37 ± 1 ° C in a shaking water bath. An aliquot ( 100 : L) of propylene glycol was added to the tubes to serve as a co solvent. The substrate, [ 1$ 3H] androstenedione ( 0.1 : Ci, 50 nM), was added to the tubes. An NADPH generating system comprised of NADP ( 1.7 mM), glucose 6 phosphate ( 2.8 mM) and glucose 6 phosphate dehydrogenase ( 1.0 units) was added to each tube. The tubes were placed at 37 ± 1 ° C in the water bath for 5 min prior to initiation of the assay by the addition of the diluted microsomal suspension (~ 0.1 mg microsomal protein/ mL). The total volume was 2.0 mL, and the tubes were incubated for 30 min. The incubations were stopped by the addition of methylene chloride ( 2.0 mL); the tubes were vortex mixed for about 30 s. The tubes were then centrifuged using a Beckman GS 6R centrifuge with a GH 3.8 rotor for 10 min at a setting of 1000 rpm ( which is approximately equivalent to 230g). The methylene chloride layer was removed to a vial and weighed; the aqueous layers were extracted again with methylene chloride ( 2.0 mL). This extraction procedure was performed one additional time, each time reserving and weighing the methylene chloride layer in a separate vial. The aqueous layers were transferred to vials, weighed, and duplicate aliquots ( 0.5 mL) were weighed into 20 mL liquid scintillation counting vials. Duplicate aliquots of each methylene chloride fraction were weighed into scintillation vials. Liquid scintillation cocktail ( Ultima Gold, Packard, 10 mL) was added to each counting vial and shaken to mix the solution. Bovine Phase 1 Letter Report, Page 4 The radiochemical content of the substrate solution was determined by analyzing 5 weighed aliquots by LSS. The substrate solution specific activity was determined by dividing the radiochemical content of the substrate solution ( dpm/ g) by the total concentration of ASDN in the solution ( ASDN + [ 3H] ASDN; nmol/ g solution).

Analysis of the samples was performed using LSS as described in SOP METAB 610. Radiolabel found in the aqueous fractions represents 3H2O formed, and that in the methylene chloride fractions represents unreacted substrate.

The amount of estrogen product formed was determined by dividing the total amount of 3H2O formed by the specific activity of the [ 3H] ASDN substrate solution ( expressed in dpm/ nmol). The activity of the enzyme reaction was expressed in nmol ( mg protein) 1 min 1 and was calculated by dividing the amount of estrogen formed by the product of mg microsomal protein used times the incubation time, e. g. 30 min.

3 Results and Discussion A bovine placenta was obtained from a local research farm and microsomes were prepared. A sample of the microsomes was thawed rapidly in a 37 NC water bath and rehomogenized prior to assay for protein and P450 content and aromatase activity. The protein content of the bovine placental microsomes was determined to be ca. 45 mg/ mL. The total protein yield for the preparation was calculated to be ca. 675 mg. This exceeds the 250 mg of protein criteria set in the protocol. P450 content of the bovine placental microsomes was determined to be ca. 0.031 nmol/ mg protein. The aromatase activity of the bovine placental microsomes was ca. 3 pmol estrogen formed/ mg protein/ min; this is in good agreement with the 3.62 ± 0.78 pmol estrogen formed/ mg protein/ min reported by Tsumagari et al. ( 1993).

4 Conclusion The bovine placental microsomes have sufficient protein and P450 content for the conduct of these studies. The aromatase activity for the preparation was similar to that reported in the literature and is sufficient to proceed with the optimization phase of the study.

5 References Omura, T.; Sato, R. The carbon monoxide binding pigment of liver microsomes. I. Evidence for its hemoprotein nature. J. Biol. Chem. 1964, 239, 2370 2378.

Tsumagari, S., Kamata, J., Takagi, K., Tanemura, K., Yosai, A., Takeishi, M. Aromatase activity and oestrogen concentrations in bovine cotyledons and caruncles during gestation and parturition. J. Reprod. Fert. 1993, 98, 631 36.


[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21683-21685]
[FR Doc No: 2017-09373]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6436; Directorate Identifier 2015-SW-037-AD;
Amendment 39-18869; AD 2017-09-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus
Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK117 C-2
helicopters. This AD requires inspecting the pilot collective wiring
harness and was prompted by a report that the heat-shrinkable sleeve
prevented the twist grip on the collective from being fully engaged
during a flight test. The actions of this AD are intended to prevent an
unsafe condition on these products.

DATES: This AD is effective June 14, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of June 14, 2017.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at https://www.airbushelicopters.com/techpub/FO/scripts/myFO_login.php. You may review the referenced service information at
the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is also available
on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-6436.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6436; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the European Aviation Safety Agency (EASA) AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
the Docket Operations Office (phone:<PHONE_NUMBER>) is U.S. Department
of Transportation, Docket Operations Office, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On December 7, 2016, at 81 FR 88143, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters MBB-
BK 117 C-2 helicopters, serial numbers 9004 through 9708. The NPRM
proposed to require visually inspecting the pilot collective wiring
harness for proper installation of the heat-shrinkable and transparent
sleeves. The proposed requirements were intended to detect an
incorrectly installed heat-shrinkable sleeve on the collective lever
wiring harness, which if not corrected, could result in chafing of the
wiring and subsequent failure of the hoist cable cutter or emergency
landing gear flotation systems.
    The NPRM was prompted by AD No. 2015-0144, dated July 21, 2015,
issued by EASA, which is the Technical Agent for the Member States of
the European Union, to correct an unsafe condition for Airbus
Helicopters Model MBB-BK117 C-2 helicopters, up to serial number 9708.
EASA advises that, during a flight test, the pilot could not fully
engage a twist grip on a Model MBB-BK117 C-2 helicopter. According to
EASA, further investigation found a transparent sleeve on the
collective lever wiring harness damaged because of incorrect
installation of the heat-shrinkable sleeve. This condition, if not
detected and corrected, could result in chafing of the harness, leading
to the malfunction of the affected systems, EASA advises. EASA
consequently requires a one-time inspection of the heat-shrinkable and
transparent sleeves installed on the collective lever wiring harness.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to our bilateral agreement with Germany, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    The compliance time in the EASA AD is based on whether the
helicopter has an externally mounted hoist or emergency flotation
system. This AD requires compliance within 100 hours time-in-service
for all applicable helicopters.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin ASB MBB-BK117
C-2-88A-010, Revision 1, dated April 16, 2015 (ASB), which specifies a
visual inspection of the heat-shrinkable sleeve for correct position.
If the sleeve's position is incorrect, the ASB specifies shortening the
sleeve. If there is any damage, the ASB calls for replacing the damaged
parts.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 113 helicopters of U.S. Registry
and that labor costs average $85 a work hour.
     Inspecting the pilot collective wiring harness for the
correct position of the heat-shrinkable sleeve requires 1.5 work hours.
No parts are required for a total cost of $128 per helicopter and
$14,464 for the U.S. fleet.
     Replacing or repairing the sleeves requires 5.5 work
hours, and parts cost $10, for a total cost of $478 per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-09-07 Airbus Helicopters Deutschland GmbH: Amendment 39-18869;
Docket No. FAA-2016-6436; Directorate Identifier 2015-SW-037-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (Airbus
Helicopters) Model MBB-BK 117 C-2 helicopters, serial numbers 9004
through 9708, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an incorrectly installed
heat-shrinkable sleeve on the collective lever wiring harness. This
condition could result in chafing of the wiring and subsequent
failure of the hoist cable cutter or emergency landing gear
flotation systems.

(c) Effective Date

    This AD becomes effective June 14, 2017.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 100 hours time-in-service, remove the pilot collective
lever and visually inspect the pilot collective lever wiring harness
for proper installation of the heat-shrinkable sleeve and
transparent sleeve and for damage in accordance with paragraph
3.B.2.1 and as depicted in Figure 2 of Airbus Helicopters Alert
Service Bulletin MBB-BK117 C-2-88A-010, Revision 1, dated April 16,
2015 (ASB).
    (1) If the heat-shrinkable sleeve and transparent sleeve are
installed as depicted in Figure 2 of the ASB and there is no damage,
install the collective lever in accordance with paragraphs 3.B.2.3.a
through 3.B.2.3.f of the ASB.
    (2) If the heat-shrinkable sleeve or transparent sleeve is
installed as depicted in Figure 3, Detail B of the ASB, alter the
heat-shrinkable sleeve as depicted in Figure 3, Detail C.
    (3) If the transparent sleeve is damaged as depicted in Figure
4, Detail D of the ASB, replace the heat-shrinkable sleeve,
transparent sleeve, and identification sleeve. Replace any wire that
has a nick, scratch, cut, or is frayed.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: George Schwab, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2015-0144, dated July 21, 2015. You may view
the EASA AD on the Internet at http://www.regulations.gov in Docket
No. FAA-2016-6436.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: Wheel/Ski/Float/
Emergency Equipment, 3246/2560.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin MBB-BK117 C-2-88A-
010, Revision 1, dated April 16, 2015.
    (ii) Reserved.
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at https://www.airbushelicopters.com/techpub/FO/scripts/myFO_login.php.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on April 27, 2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-09373 Filed 5-9-17; 8:45 am]
 BILLING CODE 4910-13-P