26202 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 

Individuals should provide their full 

name, current address and telephone 

number. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access to 

information about themselves contained 

in this system should address written 

inquiries to the Freedom of Information 

Act Office (DAN–1A/FOIA), Defense 

Intelligence Agency, 200 MacDill Blvd., 

Washington, DC 20340–5100. 

Individuals should provide their full 

name, current address and telephone 

number. 

CONTESTING RECORD PROCEDURES: 

DIAs rules for accessing records, for 

contesting contents and appealing 

initial agency determinations are 

published in DIA Instruction 5400.001. 

RECORD SOURCE CATEGORIES: 

Individual, military service 

component, educational institutions, 

previous employees and other Federal 

agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2010–11035 Filed 5–10–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DOD–2010–OS–0064] 

U.S. Court of Appeals for the Armed 

Forces Proposed Rules Changes 

ACTION: Notice of proposed change to 

the Rules of Practice and Procedure of 

the United States Court of Appeals for 

the Armed Forces. 

SUMMARY: This notice announces the 

following proposed change to Rule 

30A(a) of the Rules of Practice and 

Procedure, United States Court of 

Appeals for the Armed Forces. 

DATES: Comments on the proposed 

change must be received within 30 days 

of the date of this notice. 

ADDRESSES: You may submit comments, 

identified by docket number and title by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http:// 

regulations.gov as they are received 

without change, including personal 

identifiers or contact information. 

FOR FURTHER INFORMATION CONTACT: 

William A. DeCicco, Clerk of the Court, 

telephone (202) 761–1448. 

Dated: May 5, 2010. 

Mitchell S. Bryman, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

Rule 30A(a) 

Rule 30A(a) currently reads: 

(a) General. The Court will normally 

not consider any facts outside of the 

record established at the trial and the 

Court of Criminal Appeals. 

The proposed change to Rule 30A(a) 

would read: 

(a) General. The Court will normally 

not consider any facts outside of the 

record established at the trial and the 

Court of Criminal Appeals. Requests to 

consider factual material that is not 

contained in the record shall be 

presented by a motion to supplement 

the record filed pursuant to Rule 30. 

The motion shall include statements 

explaining why the matter was not 

raised previously at trial or before the 

Court of Criminal Appeals and why it is 

appropriate to be considered for the first 

time in this Court. Motions filed 

pursuant to this Rule will be granted 

only for good cause shown. 

Comment: The proposed change 

establishes a procedure for properly 

presenting a request to the Court to 

consider evidence that is not in the 

record. The rule requires a party to 

explain in a motion why the Court may 

consider the evidence although it was 

not considered previously and is not 

part of the record. The rule also contains 

a standard for granting motions under 

the rule. 

[FR Doc. 2010–11036 Filed 5–10–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

[OE Docket No. EA–367] 

Application To Export Electric Energy; 

EDF Trading North America, LLC 

AGENCY: Office of Electricity Delivery 

and Energy Reliability, DOE. 

ACTION: Notice of application. 

SUMMARY: EDF Trading North America, 

LLC (EDF) has applied for authority to 

transmit electric energy from the United 

States to Canada pursuant to section 

202(e) of the Federal Power Act. 

DATES: Comments, protests, or requests 

to intervene must be submitted on or 

before June 10, 2010. 

ADDRESSES: Comments, protests, or 

requests to intervene should be 

addressed as follows: Office of 

Electricity Delivery and Energy 

Reliability, Mail Code: OE–20, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0350 (FAX 202– 

586–8008). 

FOR FURTHER INFORMATION CONTACT: 

Christopher Lawrence (Program Office) 

202–586–5260 or Michael Skinker 

(Program Attorney) 202–586–2793. 

SUPPLEMENTARY INFORMATION: Exports of 

electricity from the United States to a 

foreign country are regulated by the 

Department of Energy (DOE) pursuant to 

sections 301(b) and 402(f) of the 

Department of Energy Organization Act 

(42 U.S.C. 7151(b), 7172(f)) and require 

authorization under section 202(e) of 

the FPA (16 U.S.C. 824a(e)). 

On April 27, 2010, DOE received an 

application from EDF for authority to 

transmit electric energy from the United 

States to Canada as a power marketer 

using existing international 

transmission facilities for five years. 

EDF does not own any electric 

transmission facilities nor does it hold 

a franchised service area. 

The electric energy that EDF proposes 

to export to Canada would be surplus 

energy purchased from electric utilities, 

Federal power marketing agencies and 

other entities within the United States. 

The existing international transmission 

facilities to be utilized by EDF have 

previously been authorized by 

Presidential permits issued pursuant to 

Executive Order 10485, as amended, 

and are appropriate for open access 

transmission by third parties. 

Procedural Matters: Any person 

desiring to become a party to these 

proceedings or to be heard by filing 

comments or protests to this application 

should file a petition to intervene, 

comment, or protest at the address 

provided above in accordance with 

§§ 385.211 or 385.214 of the Federal 

Energy Regulatory Commission’s Rules 

of Practice and Procedures (18 CFR 

385.211, 385.214). Fifteen copies of each 

petition and protest should be filed with 

DOE on or before the date listed above. 

Comments on the EDF application to 

export electric energy to Canada should 

be clearly marked with Docket No. EA– 

367. Additional copies are to be filed 

directly with Eric Dennison, General 

Counsel, EDF Trading North America, 

LLC, 4700 W. Sam Houston Parkway, 

N., Suite 250, Houston, TX 77041 and 

David J. Levine, McDermott Will & 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 26203 

1 e.g. municipalities, public power entities and 

electric cooperatives. 

2A smart meter is a good example of an enabling 

Smart Grid technology that can empower both 

utilities and consumers to extract value from twoway communications and real-time access to usage 

data. Smart meters play an important role in the 

success of the Smart Grid because they can generate 

an array of useful data including historical energy 

consumption data, real-time data, and price-anddemand-response data. 3 Dep’t of Energy, What the Smart Grid Means to 

Americans, 2, 23 (Aug. 31, 2009), available at 

http://www.oe.energy.gov/DocumentsandMedia/ 

ConsumerAdvocates.pdf. 

4Fed. Commc’n Comm’n, Connecting America: 

The National Broadband Plan, http:// 

www.broadband.gov/plan/ (last visited Apr. 26, 

2010). 

5 Id. 

Emery LLP, 600 13th Street, NW., 

Washington, DC 20005. A final decision 

will be made on this application after 

the environmental impacts have been 

evaluated pursuant to the National 

Environmental Policy Act of 1969, and 

a determination is made by DOE that the 

proposed action will not adversely 

impact on the reliability of the U.S. 

electric power supply system. 

Copies of this application will be 

made available, upon request, for public 

inspection and copying at the address 

provided above, by accessing the 

program Web site at http:// 

www.oe.energy.gov/ 

permits_pending.htm, or by e-mailing 

Odessa Hopkins at 

Odessa.hopkins@hq.doe.gov. 

Issued in Washington, DC, on May 5, 2010. 

Anthony J. Como, 

Director, Permitting and Siting, Office of 

Electricity Delivery and Energy Reliability. 

[FR Doc. 2010–11131 Filed 5–10–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Implementing the National Broadband 

Plan by Empowering Consumers and 

the Smart Grid: Data Access, Third 

Party Use, and Privacy 

AGENCY: Department of Energy. 

ACTION: Request for Information. 

SUMMARY: The Department of Energy 

(DOE) is seeking comments and 

information from interested parties to 

assist DOE in understanding current and 

potential practices and policies for the 

states and other entities 1 to empower 

consumers (and perhaps others) through 

access to detailed energy information in 

electronic form—including real-time 

information from smart meters, 

historical consumption data, and 

pricing and billing information. This 

request for information (RFI) asks 

interested parties, including industry, 

consumer groups and State 

governments, to report on State efforts 

to enact Smart Grid privacy and data 

collection policies. This RFI also seeks 

input regarding individual utility 

practices and policies regarding data 

access and collection; third party access 

to detailed energy information; and the 

role of the consumer in balancing the 

benefits of access and privacy. Finally, 

this RFI seeks comment on what 

policies and practices should guide 

policymakers in determining who can 

access consumers’ energy information 

and under what conditions. 

DATES: Comments must be postmarked 

by no later than July 12, 2010. Reply 

comments must be postmarked by no 

later than July 26, 2010. 

ADDRESSES: You may submit comments, 

identified by ‘‘NBP RFI: Data Access,’’ by 

any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: broadband@hq.doe.gov. 

Include ‘‘NBP RFI: Data Access’’ in the 

subject line of the message. 

Mail: U.S. Department of Energy, 

Office of the General Counsel, 1000 

Independence Avenue, SW., Room 

6A245, Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Maureen C. McLaughlin, Senior Legal 

Advisor to the General Counsel (202) 

586–5281; broadband@hq.doe.gov. 

For Media Inquires you may contact 

Jen Stutsman at 202–586–4940. 

SUPPLEMENTARY INFORMATION: 

Introduction 

The promise 2 of the Smart Grid is 

enormous and includes improved 

reliability, flexibility and power quality, 

reduction in peak demand, reduction in 

transmission congestion costs, 

environmental benefits gained by 

increased asset utilization, increased 

security, increased energy efficiency 

and increased durability and ease of 

repair in response to attacks or natural 

disasters. But the Smart Grid also 

presents new challenges. In particular, 

many of its benefits could be reduced or 

delayed and avoidable harms caused 

unless the Smart Grid adequately 

respects consumers’ reasonable—and 

often widely differing—expectations of 

privacy, expectations that could be 

compromised if detailed household 

energy consumption data is made too 

readily available, too inaccessible, or 

incorrectly anonymized. The Smart Grid 

is also likely to create a far more 

interactive relationship between utilities 

and consumers that will raise new 

questions about how to ensure that 

detailed energy data is properly 

collected, reported, managed, shared 

and disclosed in ways that are both 

lawful and adequately transparent to 

consumers.3

This RFI seeks to collect information 

and open a dialogue about the 

challenges inherent in empowering 

consumers, utilities, and third parties to 

realize the many potential benefits of 

the Smart Grid, while protecting 

reasonable consumer expectations of 

privacy and security, and ease-of-access 

and providing the flexibility to manage 

both. 

In the context of the Smart Grid, 

privacy and access are not so much 

conflicting goals as they are 

complementary goods: the value of the 

Smart Grid to consumers, utilities, and 

third parties depends upon its capacity 

to encourage and accommodate 

unpredicted innovations while making 

usage data reasonably available to those 

who should have it and respecting 

consumers’ reasonable interests in 

choosing how to balance the benefits of 

access against the protection of personal 

privacy and security. Only solutions 

that accommodate all of these critical 

values will maximize the value of the 

Smart Grid to consumers, utilities, 

third-party service providers and 

innovators, and State and Federal 

governments. 

Background 

In early 2009, Congress directed the 

Federal Communications Commission 

(‘‘FCC’’) to create the recently released 

National Broadband Plan (‘‘NBP’’).4 As 

Congress instructed, the NBP makes 

recommendations to various 

government entities, including 

Executive Branch agencies like DOE. In 

particular, the NBP recommended that 

DOE should consider consumer data 

accessibility policies when evaluating 

Smart Grid grant applications, report on 

states’ progress toward enacting 

consumer data accessibility policies, 

and develop best-practices guidance for 

the states.5 More generally, the NBP’s 

recommendations seek to modernize the 

electric grid with broadband by 

increasing reliability and efficiency, to 

unleash energy innovation in homes 

and buildings by making energy-usage 

data readily accessible to consumers, 

and to improve the energy efficiency 

and environmental impact of the 

Information and Communication 

Technologies (ICT) sector by integrating 

broadband into the developing Smart 

Grid. 

These new recommendations 

recognize and build upon DOE’s years 


emcdonald on DSK2BSOYB1PROD with NOTICES