[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Notices]
[Page 51917-51921]
[DOCID:fr08oc09-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60759; File No. SR-BATS-2009-030]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
BATS Rule 11.17, Entitled ``Clearly Erroneous Executions''

October 1, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 28, 2009, BATS Exchange, Inc. (``Exchange'' or ``BATS'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. BATS has designated the proposed
rule change as constituting a rule change under Rule 19b-4(f)(6) under
the Act,\3\ which renders the proposal effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend BATS Rule 11.17, entitled
``Clearly Erroneous Executions,'' to modify the Exchange's rule
regarding clearly erroneous executions.
    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 BATS Rule 11.17 in order to modify
the Exchange's rule regarding clearly erroneous executions. The
proposed changes are part of a market-wide effort designed to provide
transparency and finality with respect to clearly erroneous executions.
This effort seeks to achieve consistent results for participants across
U.S. equities exchanges while maintaining a fair and orderly market,
protecting investors and protecting the public interest. The proposed
changes are more fully discussed below.
Definition
    The Exchange will maintain the meaning of the definition of a
clearly erroneous execution, but proposes to add clarifying language
with respect to cancelled trades. The proposed change identifies that a
transaction made in clearly erroneous error and agreed to be canceled
by both parties or determined by the Exchange to be clearly erroneous
will be removed ``from the Consolidated Tape.'' \4\ A trade will only
be removed from the Consolidated Tape when the determination is deemed
final and any applicable appeals have been exhausted.
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    \4\ For purposes of this Rule, ``removed from the Consolidate
Tape'' means that a subsequent message will be sent to the
Consolidated Tape indicating that a previously executed trade has
been cancelled.
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Member Initiated Review Requests
    The Exchange proposes to amend BATS Rule 11.17 to update the
procedures for requesting a review of a clearly erroneous transaction.
The Exchange currently requires requests for review of a clearly
erroneous execution to be made both by electronic mail (``e-mail'') and
telephone. The proposed amended rule would require that requests for
review be made by e-mail or ``other electronic means specified from
time to time by the Exchange.'' Requiring requests for review to be
made via e-mail creates a standard format that can easily be logged and
tracked. Due to the evolution of electronic systems, however, it is
possible that the Exchange will develop a more efficient means of
electronic submission, and thus, has proposed language with a broader
scope. The Exchange will publish the e-mail address or other electronic
means to be used for all clearly erroneous filings in a circular
distributed to Members.\5\
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    \5\ BATS Rule 1.5(n) defines a Member as ``any registered broker
or dealer that has been admitted to membership in the Exchange.''
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    In order to be consistent with the clearly erroneous execution
rules of other exchanges, the language of the proposed rule slightly
differs from the current rule with respect to the information that must
be included with a request for review. The only substantive difference
between the current rule and proposed rule in this regard, however, is
that the Exchange will no longer request that a Member indicate a
requested resolution of the matter (i.e., break or adjust) and will
require a Member to include the factual basis for the request.
    The proposed rule also requires the Exchange to notify the
counterparty to a trade upon receipt of a timely filed request for
review that satisfies the numerical guidelines set forth within the
Rule (the ``Numerical Guidelines''). This proposed language eliminates
the requirement that counterparties be notified of every request for a
ruling and instead requires notice only when a request is filed in a
timely manner and satisfies the Numerical Guidelines. This change
alleviates the burden on the Exchange of notifying the counterparty
when a request for review does not merit a ruling.
    The Exchange proposes to amend BATS Rule 11.17 to allow an Officer
of the Exchange or such other employee designee (``Officer'') of the
Exchange to request additional information from each party to a
transaction under review. Parties to the review will have 30 minutes
from the time of the request to provide additional supporting
information.

Routed Executions

    The Exchange proposes to give other market centers an additional
thirty (30) minutes from the receipt of their participant's timely
filing to request a ruling, but no longer than sixty (60) minutes from
the time of the execution under review. This provision accounts for
those executions initially directed to an away market center and
subsequently routed by that away market center to the Exchange. For
example, assume an order is initially routed by a participant to Market
Center A and subsequently routed to BATS where the order is executed at
a price outside of the Numerical Guidelines. This provision generally
requires Market Center A to file with the Exchange within 30 minutes
from the time it receives its participant's timely filed request for
review. This provision caps the filing deadline for an away market
center at 60 minutes from the time of the execution under review.
Threshold Factors
    Currently, the Exchange's Clearly Erroneous Execution rule does not
identify specific numeric guidelines for determining what constitutes a
clearly erroneous transaction. The current rule simply provides that an
Exchange Official ``shall review the transaction under dispute and
determine whether it is clearly erroneous, with a view toward
maintaining a fair and orderly market and the protection of investors
and the public interest.'' \6\ The Exchange proposes adding certain
numerical thresholds to the Rule that explicitly state what constitutes
a clearly erroneous execution.
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    \6\ BATS Rule 11.17(b).
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Numerical Guidelines
    The proposed numerical guidelines state that a transaction executed
during Regular Trading Hours \7\ or the Pre-Opening \8\ and After Hours
Trading Sessions \9\ may be found to be clearly erroneous only if the
price of the transaction to buy is greater, or less in the case of a
sale, than the reference price by an amount that equals or exceeds the
numerical guidelines for a particular transaction category. The
execution time of the transaction under review determines whether the
guidance threshold is Regular Trading Hours or Pre-Opening or After
Hours Trading Sessions (which occur before and after the Regular
Trading Hours). The Reference Price shall be equal to the Consolidated
Last Sale immediately prior to the execution under review, unless
unusual circumstances are present. The proposed guidelines for sales
greater than $0.00 up to and including $25.00 are 10% for Regular
Trading Hours and 20% for the Pre-Opening and After Hours Trading
Sessions. The proposed guidelines for sales greater than $25.00 up to
and including $50.00 are 5% for Regular Trading Hours and 10% for the
Pre-Opening and After Hours Trading Sessions. The proposed guidelines
for sales greater than $50.00 are 3% for Regular Trading Hours and 6%
for the Pre-Opening and After Hours Trading Sessions. A filing
involving five or more

securities by the same Member will be aggregated into a single filing
called a ``Multi-Stock Event.'' In the case of a Multi-Stock Event, the
proposed guidelines are 10% for Regular Trading Hours and 10% for the
Pre-Opening and After Hours Trading Sessions. In the case of Leveraged
ETF/ETN securities, the above guidelines are to be multiplied by the
leverage multiplier of the security. Executions that do not meet or
exceed the Numerical Guidelines will not be eligible for review under
this section. The following chart summarizes the proposed Numerical
Guidelines.
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    \7\ Regular Trading Hours last from 9:30 a.m. until 4:00 p.m.
(Eastern Time). BATS Rule 1.5(w).
    \8\ The Pre-Opening Session begins at 8:00 a.m. and concludes
9:30 a.m. (Eastern Time). BATS Rule 1.5(r).
    \9\ The After Hours Trading Session begins at 4:00 p.m. and
concludes at 5:00 p.m. (Eastern Time). BATS Rule 1.5(c).

------------------------------------------------------------------------
                                                        Pre-opening and
                                    Regular trading       after hours
                                    hours numerical     trading session
                                      guidelines           numerical
                                       (subject           guidelines
         Reference price            transaction's %        (subject
                                    difference from     transaction's %
                                     the reference      difference from
                                        price):          the reference
                                                            price):
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Greater than $0.00 up to and      10%...............  20%.
 including $25.00.
Greater than $25.00 up to and     5%................  10%.
 including $50.00.
Greater than $50.00.............  3%................  6%.
Multi-Stock Event--Filings        10%...............  10%.
 involving five or more
 securities by the same Member
 will be aggregated into a
 single filing.
Leveraged ETF/ETN securities....  Regular Trading     Regular Trading
                                   Hours Numerical     Hours Numerical
                                   Guidelines          Guidelines
                                   multiplied by the   multiplied by the
                                   leverage            leverage
                                   multiplier (i.e.,   multiplier (i.e.,
                                   2x).                2x).
------------------------------------------------------------------------

    Establishing Numerical Guidelines within the Rule brings regulatory
transparency and consistency in the application of the rules of the
Exchange. These Numerical Guidelines represent the general consensus
approach and were developed based on the collective experiences of a
market-wide group. The Exchange believes that the Thresholds
established are fair and appropriate and apply evenly to all
participants.
Unusual Circumstances
    The Exchange further proposes that in Unusual Circumstances the
Exchange may, in its discretion and with a view toward maintaining a
fair and orderly market and the protection of investors and the public
interest, use a Reference Price other than the consolidated last sale.
Unusual Circumstances may include periods of extreme market volatility,
sustained illiquidity, or widespread system issues. Other Reference
Prices that the Exchange may use would include the consolidated inside
price, the consolidated opening price, the consolidated prior close, or
the consolidated last sale prior to a series of executions.
    The following example explains the use of a Reference Price equal
to the consolidated last sale prior to a series of executions.
    ABC has a consolidated last sale of $10.00. During Regular Trading
Hours Customer A enters a market order to buy 10,000 shares, although
it had intended a market order for 1,000 shares. The size of the order
is such that the order sweeps the BATS Book, which reflects 1,000
shares of liquidity offered at each of following prices. Executions
occur, moving through the depth of Book, as follows:

Trade 1--1,000 shares @ $10.00 (9,000 remaining)
Trade 2--1,000 shares @ $10.20 (8,000 remaining)
Trade 3--1,000 shares @ $10.40 (7,000 remaining)
Trade 4--1,000 shares @ $10.60 (6,000 remaining)
Trade 5--1,000 shares @ $10.80 (5,000 remaining)
Trade 6--1,000 shares @ $11.00 (4,000 remaining)
Trade 7--1,000 shares @ $11.20 (3,000 remaining)
Trade 8--1,000 shares @ $11.40 (2,000 remaining)
Trade 9--1,000 shares @ $11.60 (1,000 remaining)
Trade 10--1,000 shares @ $11.80 (complete)

    Thus, to be eligible for review, a transaction must be at a price
that is at least 10% higher than the consolidated last sale prior to
the series of executions. Customer A could request a ruling for trades
6 through 10, priced at $11.00 and above, but trades
1 through 5 would not be eligible for review.
    Under the proposed rule the Exchange may also use a higher
numerical guideline if, after market participants have been alerted to
erroneous activity, the price of the security returns toward its prior
trading range but continues to trade beyond the price it would have
normally been broken.
Joint Market Rulings
    In the interest of achieving consistency across markets, the
Exchange proposes that, in events that involve other markets, the
Exchange would have the ability to use a different Reference Price and/
or Numerical Guideline. In these instances the Reference Price would be
determined based on a consensus among the Exchanges where the
transactions occurred. Furthermore, when a ruling is made across
markets, the Exchange may determine that the ruling is not eligible for
appeal because immediate finality is necessary to maintain a fair and
orderly market and to protect investors and the public interest.
Additional Factors
    The proposed amendments to BATS Rule 11.17 also enumerate some
additional factors that an Officer may consider when determining
whether an execution is clearly erroneous. These factors include, but
are not limited to, system malfunctions or disruptions, volume and
volatility for the security, derivative securities products that
correspond to greater than 100% in the direction of a tracking index,
news released for the security, whether trading in the security was
recently halted/resumed, whether the security is an initial public
offering, whether the security was subject to a stock-split,
reorganization, or other corporate action, overall market conditions,
Pre-Opening or After Hours Trading Session executions, validity of the
consolidated tapes trades and quotes, consideration of primary market
indications, and executions inconsistent with the trading pattern in
the stock. Each additional factor shall be considered with a view
toward maintaining a fair and orderly market, the protection of
investors and the public interest.
Numerical Guidelines Applicable to Volatile Market Openings
    The proposed Rule would give the Exchange the ability to expand the
Numerical Guidelines applicable to transactions occurring between 9:30
a.m. and 10 a.m. based on the disseminated value of the S&P 500 Futures
at 9:15 a.m. When the S&P

Futures are up or down from 3% up to but not including 5% at 9:15 a.m.,
the Numerical Guidelines are doubled. When the S&P Futures are up or
down 5% or greater at 9:15 a.m., the Numerical Guidelines are tripled.
The Exchange believes that the S&P 500 Futures contract is an
appropriate and reliable barometer of market activity prior to the
market opening due to its broad based market coverage and deep
liquidity. Using the S&P 500 Futures disseminated value at 9:15 a.m. as
the barometer of market activity, the Exchange is providing a
transparent means of offering adjusted guidelines in times of volatile
market activity.
Outlier Transactions
    The proposed amendments to BATS Rule 11.17 provide that an Officer
may consider requests for review received after 30 minutes, but not
longer than 60 minutes after the execution in question in the case of
an Outlier Transaction. An Outlier Transaction is a transaction where
the execution price of the security is greater than three times the
current Numerical Guidelines. In addition, if the execution price of
the security breaches the 52-week high or low, then the Exchange may
consider Additional Factors to determine if the transaction qualifies
for review or if the Exchange shall decline to act.
Review Procedures
    Initial Determination: The Exchange proposes removing language that
currently allows an Officer to modify one or more of the terms of a
transaction under review. Under the proposed rule, the Officer of the
Exchange will only have the authority to break the trades or rule to
let the trades stand. This change attempts to remove the subjectivity
from the rule that is necessitated by an adjustment. The Exchange also
proposes adding language stating that a determination shall be made
generally within 30 minutes of receipt of the complaint, but in no case
later than the start of Regular Trading Hours on the following trading
day. Rulings made outside of 30 minutes by an Officer will not fail for
lack of timeliness. The guideline simply provides participants an
appropriate expectation that a ruling will generally be made within 30
minutes, and in no case later than the start of Regular Trading Hours
on the following trading day.
    Appeals: The Exchange proposes to amend the appeals procedure for
trades that are deemed to be clearly erroneous. First, the Exchange
will no longer accept appeal requests via facsimile. Similar to the
proposed language for an initial request for a ruling, all appeal
requests must be made via e-mail or other electronic means specified by
the Exchange.
    The current rule provides that the Exchange shall review and render
a decision upon an appeal within a timeframe prescribed by the
Exchange. The proposed rule offers more definite guidelines to ensure
the expedient resolution of appeals. It requires the Exchange to review
appeals as soon as practicable, but generally on the same day as the
executions under review. Appeals received between 3 Eastern Time and
the close of trading of the After Hours Trading Session should be made
as soon as practicable, but in no case later than the trading day
following the date of the execution under review. Appeals will not fail
for lack of timeliness. This revised provision provides participants a
reasonable expectation of when a ruling on appeal will generally be
made.
    Further, the proposed rule declares that any determination made by
an Officer or by the CEE Panel shall be rendered without prejudice as
to the right of the parties to the transaction to submit their dispute
to arbitration. This provision simply clarifies the fact that nothing
in the proposed rule limits or impedes the rights of the parties to
arbitrate their dispute.
System Disruption and Malfunctions
    Within the System Disruptions and Malfunctions section of current
BATS Rule 11.17, after an Officer determines that a trade was clearly
erroneous he may declare the transaction null and void or modify the
trade to attempt to achieve an equitable rectification of the error.
The proposed Rule eliminates the Exchange's ability to modify a clearly
erroneous execution. The Exchange must either uphold or nullify the
execution based upon the findings of the Officer reviewing the
execution. The proposed Rule provides that, in the event of a
disruption or a malfunction, an Officer of the Corporation or other
senior level employee designee will rely on the proposed Numerical
Guidelines in determining whether an execution is clearly erroneous.
However, the Officer or senior level employee may also use a lower
Numerical Guideline if necessary to maintain a fair and orderly market,
protect investors, and protect the public interest. The proposed rule
also adds that actions taken under these circumstances must be taken
within 30 minutes of detection of the erroneous transaction in the
ordinary case, and by no later than the start of Regular Trading Hours
on the day following the date of the execution under review when
extraordinary circumstances exist.
Officers Acting on Their Own Motion
    The Exchange proposes to add a section to the Rule that will grant
an Officer of the Exchange or other senior level employee designee the
ability to act on his or her own motion to review potentially erroneous
executions. Under the current rule, an Officer of the Exchange or other
senior level employee designee has the ability to act upon his or her
own motion only in the event of a system disruption or malfunction. The
proposed rule would allow an Officer of the Corporation or other senior
level employee designee to review executions and rely on the Numerical
Guidelines, under any circumstance. In extraordinary circumstances an
Officer or senior level employee designee may apply a lower Numerical
Guideline if it is determined that such action is necessary to maintain
a fair and orderly market or protect investors and the public interest.
In some instances the Exchange may detect a single execution that
breaches the Numerical Guidelines but is not the subject of a ruling
request. This provision gives the Exchange the ability to review such
executions. Additionally, in practice, clearly erroneous executions
commonly involve multiple parties and multiple executions. In such
instances, all affected parties may not request a ruling. The Exchange
proposes this provision to permit an Officer of the Exchange or other
senior level employee designee to rule on a group of transactions
related to the same occurrence or event as a whole, without a formal
request for a ruling from every affected party.
    As noted above, the proposed rule is the result of a market-wide
effort to harmonize the clearly erroneous rules of U.S. equities
exchanges so that market participants receive more uniform rulings
regarding their executions on different exchanges. To best achieve such
harmonization, the Exchange believes that the rules those national
securities exchanges that are amending their rules should be amended as
of the same date, and such implementation is currently planned for
October 5, 2009.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\10\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the

Act,\11\ because it would promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system. The proposed rule change
provides transparency and finality for participants and creates
consistent results across U.S. equities exchanges with respect to
clearly erroneous executions. This proposed change further promotes the
maintenance of a fair and orderly market, the protection of investors
and the protection of the public interest.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \14\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \15\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that it may
implement the new rule on October 5, 2009, the same date as the other
equities exchanges. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because it will allow the Exchange to begin applying
the new rule on the same date as the other equities exchanges.\16\
Application of the new rule on this date should help foster
transparency and consistency among those exchanges that adopt clearly
erroneous execution rules substantially similar to those previously
approved by the Commission.\17\ For these reasons, the Commission
designates that the proposed rule change become operative on October 5,
2009.
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \17\ See Securities Exchange Act Release No. 60706 (September
22, 2009) 74 FR 49416 (September 28, 2009) (NYSEArca-2009-36).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2009-030 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2009-030. 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 also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-BATS-2009-030 and should be
submitted on or before October 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24247 Filed 10-7-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Page 71606]
[FR Doc No: 2022-25561]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR23-1-000]

Rough Rider Operating LLC; Notice of Request for Temporary Waiver

    Take notice that on November 14, 2022, Rough Rider Operating LLC
filed a petition seeking a temporary waiver of the tariff filing and
reporting requirements of sections 6 and 20 of the Interstate Commerce
Act and parts 341 and 357 of the Federal Energy Regulatory Commission's
regulations (Commission), all as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214. Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene, or protest must serve a copy of
that document on the Petitioner.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern time on December 14, 2022.

    Dated: November 15, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-25561 Filed 11-22-22; 8:45 am]
BILLING CODE 6717-01-P