[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25818-25821]
[DOCID:fr07my08-144]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57751; File No. SR-NYSEArca-2008-29]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of a Proposed Rule Change, as Modified by Amendment No. 1
Thereto, To Amend the Eligibility Criteria for Components of an Index
Underlying Investment Company Units

May 1, 2008.

I. Introduction

    On March 13, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposal to amend Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3)
to modify the eligibility criteria for components of an index
underlying Investment Company Units (``Units'').\3\ On March 24, 2008,
the Exchange filed Amendment No. 1 to the proposed rule change. The
proposed rule change was published for comment in the Federal Register
on April 1, 2008.\4\ The

Commission received no comments on the proposal. This order approves
the proposed rule change, as modified by Amendment No. 1 thereto.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Units are securities that represent an interest in a
registered investment company that could be organized as a unit
investment trust, an open-end management investment company, or a
similar entity, that holds securities comprising, or otherwise based
on or representing an interest in, an index or portfolio of
securities or securities in another registered investment company
that holds securities. See NYSE Arca Equities 5.2(j)(3).
    \4\ See Securities Exchange Act Release No. 57561 (March 26,
2008), 73 FR 17390.
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II. Description of the Proposal

    Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3) provides that
NYSE Arca Equities may approve a series of Units for listing and
trading (including trading pursuant to unlisted trading privileges)
pursuant to Rule 19b-4(e) under the Act,\5\ if such series satisfies
the criteria set forth in Commentary .01 to NYSE Arca Equities Rule
5.2(j)(3). The Exchange proposes to exclude Units and certain other
securities defined in Section 2 of NYSE Arca Equities Rule 8
(collectively, ``Derivative Securities Products'') \6\ when applying
the quantitative listing requirements of Commentaries .01(a)(A) and (B)
to NYSE Arca Equities Rule 5.2(j)(3) relating to the listing of Units
based on a U.S. index or portfolio or an international or global index
or portfolio, respectively.
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    \5\ Rule 19b-4(e) under the Act provides that the listing and
trading of a new derivative securities product by a self-regulatory
organization (``SRO'') shall not be deemed a proposed rule change,
pursuant to Rule 19b-4(c)(1) under the Act (17 CFR 240.19b-4(c)(1)),
if the Commission has approved, pursuant to Section 19(b) of the
Act, the SRO's trading rules, procedures, and listing standards for
the product class that would include the new derivatives securities
product, and the SRO has a surveillance program for the product
class. See 17 CFR 240.19b-4(e).
    \6\ The following securities are included in Section 2 of NYSE
Arca Equities Rule 8: Portfolio Depositary Receipts (Rule 8.100);
Trust Issued Receipts (Rule 8.200); Commodity-Based Trust Shares
(Rule 8.201); Currency Trust Shares (Rule 8.202); Commodity Index
Trust Shares (Rule 8.203); Partnership Units (Rule 8.300); Paired
Trust Shares (Rule 8.400); and Managed Fund Shares (Rule 8.600). See
Securities Exchange Act Release No. 57619 (April 4, 2008), 73 FR
19544 (April 10, 2008) (SR-NYSEArca-2008-25) (approving, among other
things, the adoption of listing standards for Managed Fund Shares).
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    With respect to Commentary .01(a)(A) to NYSE Arca Equities Rule
5.2(j)(3), the Exchange proposes to exclude Derivative Securities
Products, as components, when applying the following existing component
eligibility requirements: (1) Component stocks that, in the aggregate,
account for at least 90% of the weight of the index or portfolio each
must have a minimum market value of at least $75 million (Commentary
.01(a)(A)(1)); (2) component stocks that, in the aggregate, account for
at least 90% of the weight of the index or portfolio each must have a
minimum monthly trading volume during each of the last six months of at
least 250,000 shares (Commentary .01(a)(A)(2)); and (3) the most
heavily weighted component stock must not exceed 30% of the weight of
the index or portfolio, and the five most heavily weighted component
stocks must not exceed 65% of the weight of the index or portfolio
(Commentary .01(a)(A)(3)). Component stocks, in the aggregate,
excluding Derivative Securities Products, would still be required to
meet the criteria of these provisions. Thus, for example, when
determining compliance with Commentaries .01(a)(A)(1) and (2) to NYSE
Arca Equities Rule 5.2(j)(3), component stocks that, in the aggregate,
account for at least 90% of the remaining index weight, after excluding
any Derivative Securities Products, would be required to have a minimum
market value of at least $75 million and minimum monthly trading volume
of 250,000 shares during each of the last six months, respectively. In
addition, with respect to Commentary .01(a)(A)(3) to NYSE Arca Equities
Rule 5.2(j)(3), when determining the component weight for the most
heavily weighted stock and the five most heavily weighted component
stocks for an underlying index that includes a Derivative Securities
Product, the weight of such Derivative Securities Product included in
the underlying index or portfolio would not be considered.
    In addition, the Exchange proposes to modify the requirement in
Commentary .01(a)(A)(4) to NYSE Arca Equities Rule 5.2(j)(3), which
requires that the underlying index or portfolio include a minimum of 13
component stocks. Specifically, the Exchange proposes that there shall
be no minimum number of component stocks if: (1) One or more series of
Units or Portfolio Depositary Receipts (as defined in NYSE Arca
Equities Rule 8.100) constitute, at least in part, components
underlying a series of Units; or (2) one or more series of Derivative
Securities Products account for 100% of the weight of the index or
portfolio. Thus, for example, if the index or portfolio underlying a
series of Units includes one or more series of Units or Portfolio
Depositary Receipts, or if it consists entirely of other Derivative
Securities Products, then there would not be required to be any minimum
number of component stocks (i.e., one or more components comprising the
underlying index or portfolio would be acceptable). However, if the
index or portfolio consists of Derivative Securities Products, other
than Units or Portfolio Depositary Receipts, and other securities that
are not Derivative Securities Products (e.g., common stocks), then
there would have to be at least 13 components in the underlying index
or portfolio.
    Consistent with current Commentary .01(a)(A)(5) to NYSE Arca
Equities Rule 5.2(j)(3), all securities in the index or portfolio
(including Derivative Securities Products) must nevertheless be U.S.
Component Stocks \7\ that are listed on a national securities exchange
and NMS Stocks, as defined in Rule 600 under the Act.\8\
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    \7\ ``U.S. Component Stock'' means an equity security that is
registered under Section 12(b) or Section 12(g) of the Act or an
American Depositary Receipt, the underlying equity security of which
is registered under Section 12(b) or Section 12(g) of the Act. See
NYSE Arca Equities Rule 5.2(j)(3).
    \8\ See 17 CFR 242.600(b)(47).
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    With respect to Commentary .01(a)(B) to NYSE Arca Equities Rule
5.2(j)(3), the Exchange proposes to exclude Derivative Securities
Products, as components, when applying the following existing component
eligibility requirements: (1) Component stocks that, in the aggregate,
account for at least 90% of the weight of the index or portfolio each
must have a minimum market value of at least $100 million (Commentary
.01(a)(B)(1)); (2) component stocks that, in the aggregate, account for
at least 90% of the weight of the index or portfolio each must have a
minimum worldwide monthly trading volume during each of the last six
months of at least 250,000 shares (Commentary .01(a)(B)(2)); and (3)
the most heavily weighted component stock must not exceed 25% of the
weight of the index or portfolio, and the five most heavily weighted
component stocks must not exceed 60% of the weight of the index or
portfolio (Commentary .01(a)(B)(3)). Thus, for example, when
determining compliance with Commentaries .01(a)(B)(1) and (2) to NYSE
Arca Equities Rule 5.2(j)(3), component stocks that, in the aggregate,
account for at least 90% of the remaining index weight, after excluding
any Derivative Securities Products, would be required to have a minimum
market value of at least $100 million and minimum worldwide monthly
trading volume of 250,000 shares during each of the last six months,
respectively. In addition, with respect to Commentary .01(a)(B)(3) to
NYSE Arca Equities Rule 5.2(j)(3), when determining the component
weight for the most heavily weighted stock and the five most heavily
weighted component stocks for an underlying index that includes a
Derivative Securities Product, the weight of such Derivative Securities
Product included in the underlying index or portfolio would not be
considered.
    In addition, the Exchange proposes to modify the requirement in
Commentary .01(a)(B)(4) to NYSE Arca Equities

5.2(j)(3), which requires that the underlying index or portfolio
include a minimum of 20 component stocks. Specifically, the Exchange
proposes that there shall be no minimum number of component stocks if:
(1) One or more series of Units or Portfolio Depositary Receipts (as
defined in NYSE Arca Equities Rule 8.100) constitute, at least in part,
components underlying a series of Units, or (2) one or more series of
Derivative Securities Products account for 100% of the weight of the
index or portfolio. Thus, for example, if the index or portfolio
underlying a series of Units includes one or more series of Units or
Portfolio Depositary Receipts, or if it consists entirely of other
Derivative Securities Products, then there would not be required to be
any minimum number of component stocks (i.e., one or more components
comprising the underlying index or portfolio would be acceptable).
However, if the index or portfolio consists of Derivative Securities
Products, other than Units or Portfolio Depositary Receipts, and other
securities that are not Derivative Securities Products (e.g., common
stocks), then there would have to be at least 20 components in the
underlying index or portfolio.
    Consistent with current Commentary .01(a)(B)(5) to NYSE Arca
Equities Rule 5.2(j)(3), each component that is a U.S. Component Stock
(including Derivative Securities Products) would be required to be
listed on a national securities exchange and be an NMS Stock, as
defined in Rule 600 under the Act,\9\ and each component that is a Non-
U.S. Component Stock \10\ (including Derivative Securities Products)
would be required to be listed and traded on an exchange that has last-
sale reporting.
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    \9\ See Id.
    \10\ ``Non U.S. Component Stock'' means an equity security that
is not registered under Section 12(b) or Section 12(g) of the Act
and that is issued by an entity that (a) is not organized,
domiciled, or incorporated in the United States, and (b) is an
operating company (including real estate investment trusts and
income trusts, but excluding investment trusts, unit trusts, mutual
funds, and derivatives). See NYSE Arca Equities Rule 5.2(j)(3).
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III. Commission's Findings and Order Granting Approval of the Proposed
Rule Change

    After careful review and based on the Exchange's representations,
the Commission finds that the proposed rule change is consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\11\ In particular, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act \12\ in that it is designed to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in 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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    \11\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
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    Under Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3), one or
more series of Derivative Securities Products may be included as a
component comprising the index or portfolio underlying a series of
Units.\13\ The Commission notes that, based on the trading
characteristics of Derivative Securities Products, it may be difficult
for component Derivative Securities Products to satisfy certain
quantitative index criteria, such as the minimum market value and
trading volume limitations. However, because Derivative Securities
Products are themselves subject to specific initial and continued
listing requirements, the Commission believes that it would be
reasonable to exclude Derivative Securities Products, as components,
from certain index component eligibility criteria for Units. For
example, the index component eligibility standards for Units and
Portfolio Depositary Receipts require, among others, that there be a
minimum of 13 component stocks in an underlying U.S. index or portfolio
and a minimum of 20 component stocks in an international or global
index or portfolio. If one or more series of Units or Portfolio
Depositary Receipts constitutes, at least in part, a component of a
U.S. or international index or portfolio underlying a series of Units,
the Commission believes that not requiring a minimum number of
components underlying such overlying Unit would be reasonable because
each component Unit or Portfolio Depositary Receipt already requires a
minimum of 13 or 20 component stocks, as the case may be. In addition,
if one or more series of component Derivative Securities Products
accounts for 100% of the weight of the index or portfolio underlying a
series of Units, then a minimum number of components underlying such
Units would not be required. The Commission notes that, if a series of
Units is based on the performance of an underlying index or portfolio
composed, in part, of a: (1) Unit or Portfolio Depositary Receipt and
another non-Derivative Securities Product (e.g., common stock), or (2)
Derivative Securities Product other than a Unit or Portfolio Depositary
Receipt, then the minimum number of component stock requirement will
continue to apply.
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    \13\ Under Commentary .01(a) to NYSE Arca Equities Rule
5.2(j)(3), a series of a Derivative Securities Product may be
included as a U.S. Component Stock or Non-U.S. Component Stock
underlying a series of Units, so long as the shares of such series
meet the definitions of U.S. Component Stock and Non-U.S. Component
Stock, as applicable. See supra notes 7 and 10. See also
Commentaries .01(a)(A)(5) and 01(a)(B)(5) to NYSE Arca Equities Rule
5.2(j)(3) (requiring that, in any event, all securities in the
applicable index or portfolio must be a U.S. Component Stock listed
on a national securities exchange and an NMS Stock, as defined in
Rule 600 under the Act, or, in the case of an international or
global index or portfolio, must be a Non-U.S. Component Stock that
is listed and traded on an exchange that has last-sale reporting).
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    In addition, because component Derivative Securities Products may
comprise 100% of the weight of any index underlying a series of Units,
the Commission believes that providing for an exception to the
concentration limits contained in Commentaries .01(a)(A)(3) and
.01(a)(B)(3) to NYSE Arca Equities Rule 5.2(j)(3) with respect to
component Derivative Securities Products is reasonable.\14\ The
Commission further notes that component Derivative Securities Products
that are U.S. Component Stocks comprising, at least in part, an index
or portfolio underlying a series of Units must meet the definition of
NMS Stock \15\ and already have been listed and trading on a national
securities exchange pursuant to a proposed rule change approved by the
Commission pursuant to Section 19(b)(2) of the Act \16\ or submitted by
a national securities exchange pursuant to Section 19(b)(3)(A) of the
Act,\17\ or would have been listed by a national securities exchange
pursuant to the requirements of Rule 19b-4(e) under the Act.\18\
Component Derivative Securities Products that are Non-U.S. Component
Stocks comprising, at least in part, an international or global index
or portfolio underlying a series of Units must

already have been listed and trading on an exchange that has last-sale
reporting.
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    \14\ The Commission notes that it has approved the adoption of
certain amendments to NYSE Arca Equities Rule 5.2(j)(6) allowing an
index or portfolio underlying a series of Equity Index-Linked
Securities to consist, in whole or in part, of (1) securities of
closed-end management investment companies, or (2) Units, which, in
each case, are registered under the Investment Company Act of 1940.
See Securities Exchange Act Release No. 56879 (December 3, 2007), 72
FR 69271 (December 7, 2007) (SR-NYSEArca-2007-110).
    \15\ See supra note 8.
    \16\ 15 U.S.C. 78s(b)(2).
    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ See supra note 5.
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    The Commission believes that the proposed rule change will
facilitate the listing and trading of additional types of exchange-
traded products that will enhance competition among market
participants, to the benefit of investors and the marketplace. In
addition, the listing and trading criteria set forth in the proposal
are intended to protect investors and the public interest. As such, the
Commission believes it is reasonable and consistent with the Act for
the Exchange to modify the index component eligibility criteria for
Units in the manner described in the proposal.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-NYSEArca-2008-29), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved.
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    \19\ 15 U.S.C. 78s(b)(2).
    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-10025 Filed 5-6-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Notices]
[Page 65315-65317]
[DOCID:fr22oc10-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

October 14, 2010.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-5-000.
    Applicants: Sandy Ridge Wind, LLC.
    Description: Sandy Ridge Wind, LLC Notice of Self-Certification of
EWG Status.
    Filed Date: 10/14/2010.
    Accession Number: 20101014-5051.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 4, 2010.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER08-1385-003; ER08-401-004; ER09-1429-004; ER99-
2287-007.
    Applicants: Black Hills Power, Inc., Black Hills/Colorado Electric
Utility Co, Black Hills Wyoming, LLC, Cheyenne Light, Fuel and Power
Company.
    Description: Updated Market Power Analysis of the Black Hills
Public Utilities for the Northwest Region.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5371.
    Comment Date: 5 p.m. Eastern Time on Monday, December 13, 2010.

    Docket Numbers: ER10-1424-001.
    Applicants: Eagle Industrial Power Services (IL), LL.
    Description: Eagle Industrial Power Services (IL), LLC submits a
notice of name change.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-0006.
    Comment Date: 5 p.m. Eastern Time on Friday, October 29, 2010.

    Docket Numbers: ER10-1482-001; OA10-10-001.
    Applicants: Wildorado Wind, LLC and Wildorado Wind Two, LLC.
    Description: Wildorado Wind, LLC et al submits a revision to their
FERC Rate Schedule 1 to reflect the effective date of 9/30/10.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-0203.
    Comment Date: 5 p.m. Eastern Time on Friday, October 29, 2010.

    Docket Numbers: ER10-2298-001.
    Applicants: Enserco Energy Inc.
    Description: Enserco Energy Inc. submits tariff filing per
35.17(b): MBR Application of Enserco Energy LLC to be effective 9/1/
2010.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5354.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 02, 2010.

    Docket Numbers: ER10-2438-003.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per 35:
ISO-NE Third Amendment Errata to Baseline Filing to be effective 8/30/
2010.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5147.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 02, 2010.

    Docket Numbers: ER10-2345-002.
    Applicants: Woodland Pulp LLC.
    Description: Woodland Pulp LLC submits tariff filing per 35.17(b):
Amendment to Market-Based Rate Application Reflecting Change in Status
to be effective 10/13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5165.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 27, 2010.

    Docket Numbers: ER10-2457-001.
    Applicants: Florida Power & Light Company.
    Description: Florida Power & Light Company submits Revised Section
No. 23.1 for inclusion in FPL's Open Access Transmission Tariff, Order
No. 739 Section 23 Compliance, to be effective 10/1/2010.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5005.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 02, 2010.

    Docket Numbers: ER10-2710-003.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits their baseline
filing of its Open Access Transmission Tariff, Amended and Restated
Operating Agreement etc, to be effective 9/17/2010.
    Filed Date: 10/14/2010.
    Accession Number: 20101014-5001.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 4, 2010.

    Docket Numbers: ER10-2713-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35: PJM Rate Schedule Errata Filing to be effective 9/17/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5179.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER10-2748-001.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Operating Companies submits amendments to
Entergy's September 17, 2010 filing which extend the Subsequent Term of
the Independent Coordinator of Transmission, to be effective 11/17/
2010.
    Filed Date: 10/14/2010.
    Accession Number: 20101014-5000.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 4, 2010.

    Docket Numbers: ER10-2776-001.
    Applicants: Wells Fargo Commodities, LLC.
    Description: Wells Fargo Commodities, LLC submits its Market-Based
Rate Tariff, to be effective 9/17/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5004.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-62-000.
    Applicants: El Segundo Power LLC.

    Description: El Segundo Power LLC submits tariff filing per 35.12:
El Segundo Power--Amendment to Market-Based Rate Tariffs to be
effective 10/11/2010.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-5125.
    Comment Date: 5 p.m. Eastern Time on Friday, October 29, 2010.

    Docket Numbers: ER11-63-000.
    Applicants: Long Beach Peakers LLC.
    Description: Long Beach Peakers LLC submits tariff filing per
35.12: Long Beach Peakers--Amendment to Market-Based Rate Tariffs to be
effective 10/11/2010.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-5127.
    Comment Date: 5 p.m. Eastern Time on Friday, October 29, 2010.

    Docket Numbers: ER11-87-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35: Errata to Docket ER11-87-000 re Compliance Filing in Docket ER10-
1762-001 to be effective 9/17/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5101.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-93-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: G252 LGIA Filing to be
effective 10/14/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5020.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-94-000.
    Applicants: NSTAR Electric Company.
    Description: NSTAR Electric Company submits tariff filing per
35.12: NSTAR Electric Establishment of Tariff Identifier to be
effective 10/13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5039.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-95-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits tariff filing per
35.13(a)(2)(iii: Service Agreement No. 5 With Florida Power & Light to
be effective 10/13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5040.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-97-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Louisville Gas and Electric Company submits tariff
filing per 35.13(a)(2)(iii: 10--13--10 205 Filing Executed EEI
Interconnection to be effective 12/13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5061.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-98-000.
    Applicants: Kentucky Utilities Company.
    Description: Kentucky Utilities Company submits tariff filing per
35.13(a)(2)(iii: 10--13--10 KU Concurrence Executed EEI Interconnection
to be effective 12/13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5065.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-99-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): GRE-MN Power T-T Filing to
be effective 10/14/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5111.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-100-000.
    Applicants: Keystone Generation, LLC.
    Description: Keystone Generation, LLC submits tariff filing per
35.13(a)(2)(iii): Keystone Succession Filing to be effective 9/21/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5112.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-101-000.
    Applicants: Connecticut Yankee Atomic Power Company.
    Description: Connecticut Yankee Atomic Power Company submits tariff
filing per 35.12: Baseline Filing of Amended Rate Schedules to be
effective 1/1/2011.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5113.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-102-000.
    Applicants: Wildorado Wind, LLC, Wildorado Wind Two, LLC.
    Description: Wildorado Wind, LLC submits tariff filing per 35.12:
Assignment, Cotenancy and Common Facilities Agreement to be effective
10/13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5116.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-103-000.
    Applicants: The Potomac Edison Company.
    Description: The Potomac Edison Company submits tariff filing per
35.15: Potomac Edison Cancellation of Tariff Record to be effective 10/
13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5158.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-104-000.
    Applicants: Perryman Power, LLC.
    Description: Perryman Power, LLC submits tariff filing per
35.13(a)(2)(iii): Perryman Power Succession filing to be effective 9/
21/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5167.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-105-000.
    Applicants: Wildorado Wind, LLC, Wildorado Wind Two, LLC.
    Description: Wildorado Wind, LLC submits tariff filing per
35.13(a)(2)(iii): Revised Assignment, Cotenancy and Common Facilities
Agreement to be effective 10/13/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5170.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-106-000.
    Applicants: West Penn Power Company.
    Description: West Penn Power Company submits tariff filing per
35.15: West Penn Cancellation of Tariff Record to be effective 10/13/
2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5171.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-107-000.
    Applicants: Conemaugh Generation, LLC.
    Description: Conemaugh Generation, LLC submits tariff filing per
35.13(a)(2)(iii): Conemaugh Succession Filing to be effective 9/21/
2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5183.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-108-000.
    Applicants: C.P. Crane Power, LLC.
    Description: C.P. Crane Power, LLC submits tariff filing per
35.13(a)(2)(iii): CP Crane Power Succession Filing to be effective 9/
21/2010.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5187.

    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-109-000.
    Applicants: Yankee Atomic Electric Company.
    Description: Yankee Atomic Electric Company submits tariff filing
per 35.12: Baseline Filing of Amended Rate Schedule to be effective 1/
1/2011.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5202.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Docket Numbers: ER11-111-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.12: PNM Rate Schedules and Agreements to be effective 10/
15/2010.
    Filed Date: 10/14/2010.
    Accession Number: 20101014-5026.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 4, 2010.

    Docket Numbers: ER11-112-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Application of Oklahoma Gas and Electric Company.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5372.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 2, 2010.

    Docket Numbers: ER11-113-000.
    Applicants: Sandy Ridge Wind, LLC.
    Description: Sandy Ridge Wind, LLC submits tariff filing per 35.12:
Market-Based Rate Tariff to be effective 12/15/2010.
    Filed Date: 10/14/2010.
    Accession Number: 20101014-5048.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 4, 2010.

    Docket Numbers: ER11-114-000.
    Applicants: Public Service Company of Colorado.
    Description: Public Service Company of Colorado submits tariff
filing per 35: 2010-10-14--Att-O--SPS--Changes--FERC--Filing to be
effective 8/1/2010.
    Filed Date: 10/14/2010.
    Accession Number: 20101014-5060.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 4, 2010.

    Docket Numbers: ER11-115-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Louisville Gas and Electric Company submits tariff
filing per 35.13(a)(2)(iii): ER08--1275 TVA NITSA and NOA Executed to
be effective 7/18/2010.
    Filed Date: 10/14/2010.
    Accession Number: 20101014-5065.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 4, 2010.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES11-1-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Application for authority to issue short-term debt of
Oklahoma Gas and Electric Company.
    Filed Date: 10/13/2010.
    Accession Number: 20101013-5102.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 3, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-26756 Filed 10-21-10; 8:45 am]
BILLING CODE 6717-01-P