[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30455-30456]
[FR Doc No: 2021-11989]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD21-6-000]

North Loup River Public Power and Irrigation District; Notice of
Preliminary Determination of a Qualifying Conduit Hydropower Facility
and Soliciting Comments and Motions To Intervene

    On May 21, 2021, North Loup River Public Power and Irrigation
District filed a notice of intent to construct a qualifying conduit
hydropower facility, pursuant to section 30 of the Federal Power Act
(FPA). The proposed North Loup Canal Hydroelectric Project would have
an installed capacity of 30 kilowatts (kW), and would be located in the
applicant's existing North Loup Main Canal in Valley County, Nebraska.
    Applicant Contact: Amos Lange, 128 North 16th Street, Ord, NE
68862, Email<EMAIL_ADDRESS>    FERC Contact: Christopher Chaney, Phone No.<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) Four approximately 1.8-meter by 2.3-meter
by 2.4-meter hydrokinetic turbine modules with a total capacity of 30
kW; and (2) appurtenant facilities. The proposed project would have an
estimated annual generation of approximately 130 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all the criteria shown in the table below.

                          Table 1--Criteria for Qualifying Conduit Hydropower Facility
----------------------------------------------------------------------------------------------------------------
              Statutory provision                                 Description                    Satisfies (Y/N)
----------------------------------------------------------------------------------------------------------------
FPA 30(a)(3)(A)...............................  The conduit the facility uses is a tunnel,                    Y
                                                 canal, pipeline, aqueduct, flume, ditch, or
                                                 similar manmade water conveyance that is
                                                 operated for the distribution of water for
                                                 agricultural, municipal, or industrial
                                                 consumption and not primarily for the
                                                 generation of electricity.
FPA 30(a)(3)(C)(i)............................  The facility is constructed, operated, or                     Y
                                                 maintained for the generation of electric
                                                 power and uses for such generation only the
                                                 hydroelectric potential of a non-federally
                                                 owned conduit.
FPA 30(a)(3)(C)(ii)...........................  The facility has an installed capacity that                   Y
                                                 does not exceed 40 megawatts.
FPA 30(a)(3)(C)(iii)..........................  On or before August 9, 2013, the facility is                  Y
                                                 not licensed, or exempted from the licensing
                                                 requirements of Part I of the FPA.
----------------------------------------------------------------------------------------------------------------

    Preliminary Determination: The proposed North Loup Canal
Hydroelectric Project will not alter the primary purpose of the conduit
system, which is used to distribute water for agricultural irrigation.
Therefore, based upon the above criteria, Commission staff
preliminarily determines that the proposal satisfies the requirements
for a qualifying conduit hydropower facility, which is not required to
be licensed or exempted from licensing.

    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 30
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2020).
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    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, you may send a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852. A copy of all other filings in reference
to this application must be accompanied by proof of service on all
persons listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 385.2010.
    Locations of Notice of Intent: 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 website at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
(i.e., CD21-6) 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 email of new filings and issuances
related to this or other pending projects. Copies of the notice of
intent can be obtained directly from the applicant. 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, call toll-free 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.

    Dated: June 2, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-11989 Filed 6-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]
[Page 39989-39991]
[DOCID:fr10au09-72]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60420; File No. SR-CBOE-2009-052]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change Related to the
Hybrid Matching Algorithms

August 3, 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 July 17, 2009, the Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rules 6.45A, Priority and Allocation
of Equity Option Trades on the CBOE Hybrid System, and 6.45B, Priority
and Allocation of Trades in Index Options and Options on ETFs on the
CBOE Hybrid System, to adopt a modified participation entitlement
priority overlay. The text of the proposed rule change is available on
the Exchange's Web site (http://www.cboe.org/Legal), at the Office of
the Secretary, CBOE and at the Commission.

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 self-regulatory organization
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 those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    CBOE Rules 6.45A and 6.45B set forth, among other things, the
manner in which electronic Hybrid System trades in options are
allocated. Paragraph (a) of each rule essentially governs how incoming
orders received electronically by the Exchange are electronically
executed against interest in the CBOE quote. Paragraph (a) of each rule
currently provides a ``menu'' of matching algorithms to choose from
when executing incoming electronic orders. The menu format allows the
Exchange to utilize different matching algorithms on a class-by-class
basis. The menu includes, among other choices, price-time and pro-rata
priority matching algorithms with additional priority overlays.\3\ The
priority overlays currently include: Public customer priority for
public customer orders resting on the Hybrid System, participation
entitlements for certain qualifying market-makers, and a market turner
priority for participants that are first to improve CBOE's disseminated
quote. These overlays are optional.
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    \3\ The menu also includes a matching algorithm called the
Ultimate Matching Algorithm (``UMA''). CBOE is not proposing any
changes to the UMA matching algorithm at this time.
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    The purpose of this rule filing is to adopt an additional priority
overlay for the price-time and pro-rata matching algorithms, which the
Exchange will refer to as the ``modified participation entitlement.''
The modified participation entitlement will operate in the same manner
as the existing participation entitlement with a few exceptions
described below.\4\ In particular, if the modified participation
entitlement is in effect for an option class, then the following would
apply:
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    \4\ Under the existing participation entitlement, the Exchange
may determine to grant Market-Makers participation entitlements
pursuant to the provisions of Rules 8.87, Participation Entitlement
of DPMs and e-DPMs, 8.13, Preferred Market-Maker Program, or 8.15B,
Participation Entitlement of LLMs. More than one such participation
entitlements may be activated for an option class (including at
different priority sequences), however in no case may more than one
participation entitlement be applied on the same trade. In
allocating the participation entitlement, all of the following
apply: (i) To be entitled to their participation entitlement, the
Market-Maker's order and/or quote must be at the best price on the
Exchange. (ii) The Market-Maker may not be allocated a total
quantity greater than the quantity that it is quoting (including
orders not part of quotes) at that price. If pro-rata priority is in
effect, and Market-Maker's allocation of an order pursuant to its
participation entitlement is greater than its percentage share of
quotes/orders at the best price at the time that the participation
entitlement is granted, the Market-Maker shall not receive any
further allocation of that order. (iii) In establishing the
counterparties to a particular trade, the participation entitlement
must first be counted against that Market-Maker's highest priority
bids or offers. (iv) The participation entitlement shall not be in
effect unless the public customer priority is in effect in a
priority sequence ahead of the participation entitlement and then
the participation entitlement shall only apply to any remaining
balance. See Rules 6.45A(a)(ii)(2) and 6.45B(a)(i)(2).
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     If at the time of execution there are no public customer
orders resting at the execution price, then the Market-Maker
participation entitlement would be applied. This outcome is no change
from how the existing participation entitlement works today.
     If at the time of execution there is a public customer
order that was entered first in time sequence among all other resting
trading interest at the execution price, then the Market-Maker
participation entitlement would be applied after public customer orders
are satisfied. This outcome is no change from how the existing
participation entitlement works today.
     In all other cases involving the allocation of an incoming
electronic order, i.e., if at the time of execution there is one or
more public customer orders resting at the execution price but none was
entered first in time sequence, then the Market-Maker participation
entitlement and public customer priority overlays would not be applied
to the allocation. This outcome is a change from how the existing
participation entitlement works today.\5\
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    \5\ For example, assume the matching algorithm for an options
class is established so that public customer orders have first
priority, the modified participation entitlement has second
priority, and any remaining balance is allocated using the pro-rata
matching algorithm. If at the time of execution there is one or more
public customer orders at the execution price but none is first in
time sequence (say because a Market-Maker quote was the first
trading interest posted at the execution price), then the Market-
Maker participation entitlement and public customer priority
overlays would not be applied and the incoming order would be
allocated solely on a pro-rata basis.
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     The modified participation entitlement would not be used
for any electronic auctions; instead, the existing participation
entitlement parameters would be applied.\6\ Thus, the outcome would be
no change from how the existing participation entitlement works today
for electronic auctions.
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    \6\ CBOE has various electronic auctions that are described
under Rules 6.13A, Simple Auction Liaison (``SAL''), 6.14, Hybrid
Agency Liaison (HAL), 6.53C(d), Process for Complex Order RFR
Auction (``COA''), 6.74A, Automated Improvement Mechanism (``AIM''),
and 6.74B, Solicitation Auction Mechanism (``AIM SAM''). Each of
these auctions generally allocates executions pursuant to the
matching algorithm in effect for the options class with certain
exceptions noted in the respective rules. For example, no
participation entitlement is applied to orders executed through HAL
or AIM.
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    Lastly, it should be noted that, like the existing priority
overlays, the modified participation entitlement is optional. As with
the existing procedures, the Exchange will continue to determine
whether one or more of the priority overlays shall apply to an option
class and if more than one is selected, the sequence in which they
shall apply (consistent with applicable rules). All determinations
would be set forth in a regulatory circular.
2. Statutory Basis
    This change will allow the Exchange another method to reward
aggressive pricing in options trading on the Hybrid System.
Accordingly, CBOE believes the proposed rule change is consistent with
Section 6(b) of the Act \7\ in general and furthers the objectives of
Section 6(b)(5) of the Act \8\ in particular in that it is designed to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or

    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-CBOE-2009-052 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-CBOE-2009-052. 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 changes 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 CBOE. 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-CBOE-2009-052 and should be
submitted on or before August 31, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19018 Filed 8-7-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Page 70440]
[FR Doc No: 2011-29248]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14287-000]

Table Mountain Pumped Storage Project; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On September 14, 2011, Table Mountain Hydro, LLC, Arizona, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Table Mountain Pumped Storage Project to be located near the towns of
Peach Springs and Kingman, Mohave County, Arizona. The project would
affect federal lands administered by the Bureau of Land Management. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) An upper
reservoir, formed by a 90-foot-high by 6,020-foot-long, roller-
compacted concrete (RCC) or a concrete-faced-rockfill (CFRD) dam, with
a total storage capacity of 5,280 acre-feet and a water surface area of
66 acres at full pool elevation of 5,120 feet above mean sea level
(msl); (2) a lower reservoir, formed by a 160-foot-high by 1,480-foot-
long RCC or CFRD dam, having a total storage capacity of 5,683 acre-
feet and a water surface area of 69 acres at full pool elevation of
3,700 feet msl; (3) approximately 12,750 feet of conduit connecting the
upper to the lower reservoir in three different sections: A 1,640-foot-
long by a 16.5-foot-diameter, concrete-lined vertical-pressure tunnel,
a 5,000-foot-long by 16.5-foot-diameter concrete-lined headrace, and a
6,300-foot-long by 19.8-foot-diameter tailrace; and (4) an underground
powerhouse located roughly at a depth of 1,000 feet at an elevation of
3,300 feet msl, with reversible pump-turbines totaling 400 megawatts
(MW) (3 units x 133 MW units) of generating capacity, with up to 100 MW
of additional pumping capacity (total of 500 MW pumping capacity). The
annual energy output would be approximately 1,051,200 mega-watt-hours.
Interconnection would be provided at either: (1) The Moenkopi-Eldorado
500 kilovolt (kV) line (APS/SCE) via a new, 4.3-mile-long, single-
circuit 345-kV line; (2) the Mead-Phoenix 500-kV line (WAPA, APS, SRP,
LADWP) via a new, 6.3-mile-long, 345-kV line; or (3) the Liberty-Mead
345-kV line (WAPA) via a new, 7.5-mile-long, single-circuit 345-kV
line. The transmission line would require a 120- to 160-foot-wide right
of way.
    Applicant Contact: Matthew Shapiro, Table Mountain Hydro, LLC.,
1210 W. Franklin St., Ste. 2, Boise, ID 83702; phone<PHONE_NUMBER>.
    FERC Contact: Brian Csernak; phone:<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.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. 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 http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-(866) 208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, 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-14287-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: November 4, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29248 Filed 11-10-11; 8:45 am]
BILLING CODE 6717-01-P