[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30996-30997]
[FR Doc No: 2018-14113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83519; File No. SR-OCC-2018-009]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Facilitate Reporting Under Commodity Futures Trading Commission
Regulations Applicable to Derivatives Clearing Organizations

June 26, 2018
    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 June 15, 2018, The Options Clearing Corporation (``OCC'') 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 OCC. OCC filed the proposed rule change pursuant
to Section 19(b)(3)(A \3\ of the Act and Rule 19b-4(f)(6) \4\
thereunder so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change by OCC would amend OCC Rule 601(e)(2)
regarding customer information in data provided to OCC identifying the
positions of each futures customer of a Clearing Member for purposes of
calculating the initial margin requirement for segregated futures
accounts. The proposed rule change is intended to facilitate reporting
under Commodity Futures Trading Commission (``CFTC'') regulations
applicable to Derivatives Clearing Organizations (``DCOs'') such as
OCC. All terms with initial capitalization that are not otherwise
defined herein have the same meaning as set forth in the OCC By-Laws
and Rules.\5\
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    \5\ OCC's By-Laws and Rules can be found on OCC's public
website: http://optionsclearing.com/about/publications/bylaws.jsp.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(1) Purpose
    The purpose of the proposed rule change is to amend the provisions
of OCC Rule 601(e)(2) with respect to information regarding the
identity of customers included in data provided to OCC identifying the
positions of each futures customer of a Clearing Member for purposes of
calculating the initial margin requirement for segregated futures
accounts. The proposed rule change removes the provisions that require
``a unique alphanumeric customer identifier for each such customer''
and that provide that information submitted to OCC pursuant to Rule
601(e)(2) ``shall not include any indication of the identity of any
customer or other personal information of a customer.'' As described
below, the removal of these provisions will allow OCC to perform daily
reporting consistent with applicable CFTC regulations and associated
guidance.
    On November 8, 2011, the CFTC adopted reporting rules for DCOs in
CFTC Regulation 39.19 that cover daily, quarterly, annual, and event-
specific reporting.\6\ The reporting requirements in Regulation 39.19
had a compliance date of November 8, 2012.\7\ For daily reporting,
paragraph (c)(1) of Regulation 39.19 requires DCOs to submit reports
with certain initial margin, variation margin, cash flows, and end-of-
day positions for each Clearing Member, by house origin and by each
customer origin. In adopting these daily reporting requirements, the
CFTC stated that ``[t]he overall purpose of receiving the daily data is
to enable [CFTC] staff to analyze the data on a regular basis so that
it can detect certain trends or unusual activity on a timely basis.''
\8\
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    \6\ See 17 CFR 39.19(c); see also Derivatives Clearing
Organization General Provisions and Core Principles, 76 FR 69334
(Nov. 8, 2011). OCC is a DCO as that term is defined in applicable
CFTC regulations. See 17 CFR 1.3.
    \7\ See 76 FR 69334.
    \8\ 76 FR 69334, at 69400.
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    CFTC Regulation 39.19 requires a DCO to report certain information
in a format and manner specified by the CFTC.\9\ Since the regulation's
adoption, the CFTC has published a ``Guidebook for Daily Reports''
(``Guidebook'') that provides guidance and specifications to DCOs for
submitting their daily reports under Regulation 39.19. Generally, daily
reports must include, for each Clearing Member, information related to
initial margin, daily variation margin, daily cash flows related to
clearing and settlement, and end-of-day positions, by house origin and
by each customer origin, for all futures, options, and swaps positions,
and all securities positions held in a segregated account or pursuant
to a cross margining agreement. The most recent version of the
Guidebook--Version 9.2--was published in December 2017; however,
Version 9.1, which was published earlier in 2017, introduced new
reporting specifications that can be met only if OCC amends Rule
601(e)(2) as described below. Specifically, Section <IP_ADDRESS> of the
Guidebook requires DCOs (other than exempt DCOs) to ``provide the
clearing members' customer information that properly describes the
margins reported'' by reporting customer names and legal entity
identifiers (``LEIs'').
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    \9\ See 17 CFR 39.19(b).
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    The Guidebook acknowledges that, at the time of its publication,
customer-level information may not be available for all DCOs. Indeed,
following publication of Version 9.1 of the Guidebook, the CFTC
provided informal guidance to DCOs in August 2017 noting that the CFTC
was aware that DCOs may not have names and LEIs for all customer
accounts that they clear and understood that DCOs and futures
commission merchants would begin a project in the near future to obtain
names and LEIs for their customers.
    OCC makes its daily reports to the CFTC in accordance with
Regulation 39.19 based on information it receives from its Clearing
Members. OCC Rule 601(e)(2) requires each Clearing Member to submit to
OCC on each business day a data file that identifies the positions in
segregated futures accounts of each futures customer of the Clearing
Member using a unique alphanumeric customer identifier for each such
customer. The rule, however, specifically requires Clearing Members to
use a ``unique alphanumeric customer identifier for each customer'' and
provides that ``such identifiers shall not include any indication of
the identity of any customer or other personal information of a
customer.'' For these segregated futures accounts, OCC prohibits
Clearing Members from providing information such as customer name and
LEI; thus, OCC does not currently have this information to include in
its daily reports to the CFTC and is not able to provide customer-

level information with respect to these accounts in accordance with the
Guidebook specifications. Consequently, OCC is proposing to delete the
customer identifier provisions from Rule 601(e)(2) so that Clearing
Members can provide customer names and LEIs to OCC so that it can, in
turn, provide this information on daily reports to the CFTC consistent
with the CFTC staff guidance on daily reporting requirements under
Regulation 39.19.
(2) Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed, in general, to protect
investors and the public interest.\10\ OCC believes that the proposed
rule change is consistent with Section 17A(b)(3)(F) of the Act.\11\ As
noted above, OCC Rule 601(e)(2) requires each Clearing Member to submit
to OCC on each business day a data file that identifies the positions
in segregated futures accounts of each futures customer of the Clearing
Member using a unique alphanumeric customer identifier for each such
customer. The proposed rule change would remove this provision and the
requirement that ``such identifiers shall not include any indication of
the identity of any customer or other personal information of a
customer.'' Once these provisions are removed, Clearing Members can
provide this information to OCC, who can then provide it to the CFTC in
accordance with the Guidebook specifications. This will enhance the
CFTC staff's ability to perform its oversight function with the
information it deems necessary, which promotes the protection of
investors and the public interest.
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
    \11\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a
clearing agency not impose any burden on competition not necessary or
appropriate in furtherance of the Act.\12\ OCC does not believe that
the proposed rule change would impose any burden on competition.
Rather, the proposed rule change removes an existing restriction on the
data provided to OCC by its Clearing Members regarding customers with
segregated futures accounts. As discussed above, this will then allow
OCC to provide this information to the CFTC, consistent with the CFTC
staff guidance on daily reporting requirements under Regulation 39.19,
who uses the information in performing its statutory mandate.
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    \12\ 15 U.S.C. 78q-1(b)(3)(I).
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments on the proposed rule change were not and are not
intended to be solicited with respect to the proposed rule change and
none have been received.

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

    Pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6)\14\ thereunder, the proposed rule change is filed for immediate
effectiveness because it 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.\15\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ OCC provided 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.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\16\
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    \16\ Notwithstanding its immediate effectiveness, implementation
of this rule change will be delayed until this change is deemed
certified under CFTC Rule 40.6.
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-OCC-2018-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OCC-2018-009. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of OCC and on OCC's website at
https://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_18_009.pdf.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-OCC-2018-009 and
should be submitted on or before July 23, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14113 Filed 6-29-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Page 65163]
[FR Doc No: 2023-20466]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2837-000]

Earp Solar, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Earp Solar, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 5, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: September 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-20466 Filed 9-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 22, 2008 (Volume 73, Number 141)]
[Notices]
[Page 42556-42557]
[DOCID:fr22jy08-30]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [P-2188-156]

PPL Montana, LLC; Notice of Application for Amendment of License
and Soliciting Comments, Motions To Intervene, and Protests

July 11, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of License.
    b. Project No.: 2188-156.
    c. Date Filed: June 11, 2008.
    d. Applicant: PPL Montana (PPLM), LLC.
    e. Name of Project: Missouri-Madison Hydroelectric Project.
    f. Location: The Rainbow Development of the Missouri-Madison
Hydroelectric Project is located on the Missouri River in Cascade
County, Montana. There are no federal lands within the project boundary
of the Rainbow Development.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: David R. Poe, Dewey & LeBoeuf LLP, 1101 New
York Avenue, NW., Suite 1100, Washington, DC 20001, Tel: (202) 986-
8000, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>    i. FERC Contact: Jake Tung, Telephone<PHONE_NUMBER>, and e-mail:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protest:
August 11, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: The applicant proposes to amend the
license for the Missouri-Madison Hydroelectric Project to construct:
(1) A new intake structure at the dam will be constructed adjacent to
the existing intake structures; (2) a new open channel will be
constructed including a new forebay and surge facility; (3) a new
powerhouse with a single turbine with substantially the same capacity
rating (62 MW/7,512 cfs) as the capacity for the two units that were
originally proposed (60 MW/8,000 cfs); and (4) an intake for the
penstock will be constructed.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3372 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web

site at http://www.ferc.gov under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-16704 Filed 7-21-08; 8:45 am]

BILLING CODE 6717-01-P