48948 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

1Western’s authority to issue a record of decision 

is pursuant to authority delegated on October 4, 

1999, from the Assistant Secretary for Environment, 

Safety and Health to Western’s Administrator. 

1Capitalized terms in this Public Notice have the 

meaning provided in the Agreement and the 

Agreement constitutes the complete agreement of 

the Settling Parties. All matters in this docket that 

pertained to ETP’s affiliate, Oasis Pipeline, L.P., 

were resolved by a prior settlement approved by the 

Commission in Oasis Pipeline, L.P., 126 FERC 

¶ 61,188 (2009). 

2See Order No. 644, 105 FERC ¶ 61,217 (2003), 

formerly codified at 18 CFR § 284.403(a) (2005). 

Market Behavior Rule 2 was rescinded in Order No. 

673, 114 FERC ¶ 61,166 (2006). 

3The following forms are attached to this notice: 

(1) Conditional Notice to Participate in Settlement 

Fund, along with associated Declaration of 

Authorized Representative and Affidavit forms; and 

(2) Declaration of Final Opt-in Fund Participant and 

Waiver and Release of Claims, along with an 

associated Declaration of Authorized Representative 

form. 

Decision 

Western evaluated its participation in 

the MATL Project based on the 

principles, policies, and practices of 

Western’s TIP. This second ROD 

provides notice that Western has 

considered the potential environmental 

impacts of the MATL Project and 

required mitigation as presented in the 

first ROD. It also provides notice that 

Western has decided to partially finance 

the MATL Project, in exchange for 

owning 50 MW of southbound capacity 

on the line and approximately 18 miles 

of transmission line. This decision is 

contingent on the MATL Project 

satisfying the other requirements of the 

TIP. The decision in this second ROD 

will be implemented through contracts 

with MATL if all necessary conditions 

are met. 

In reaching this decision, Western 

reviewed the MATL EIS and first ROD 

and considered that the potential 

impacts from the selected alternative, 

with implementation of the stipulated 

mitigation measures, are expected to be 

low. Western’s decision to finance a 

portion of the MATL Project has no 

effect on the environmental impacts 

identified in the MATL EIS, and does 

not in any way modify the first ROD. 

Western has prepared this second 

ROD in accordance with the regulations 

of the Council on Environmental 

Quality (40 CFR Parts 1500–1508) for 

implementing NEPA, and DOE’s NEPA 

Implementing Procedures (10 CFR Part 

1021). Western’s authority to issue a 

ROD is pursuant to authority delegated 

on October 4, 1999.1

Dated: September 18, 2009. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E9–23186 Filed 9–24–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IN06–3–003] 

Energy Transfer Partners, L.P.; Energy 

Transfer Company; ETC Marketing, 

Ltd.; Houston Pipeline Company; 

Public Notice of Settlement 

September 21, 2009. 

Take notice that on September 21, 

2009, pursuant to Rule 602 of the 

Commission’s Rules of Practice and 

Procedure, 18 CFR 385.602 (2009), the 

Commission accepted and approved the 

Stipulation and Consent Agreement 

(‘‘Agreement’’) entered into by Energy 

Transfer Partners, L.P., et al. (‘‘ETP’’) 

and Enforcement Litigation Staff 

regarding settlement of Docket No. 

IN06–3–003.1 Concurrently with this 

Notice, the Agreement is being filed as 

a public document with the Secretary of 

the Commission. 

ETP and Enforcement Litigation Staff 

jointly state that the Agreement resolves 

all Claims alleged or asserted in this 

Proceeding by the Commission and 

Enforcement Litigation Staff against 

ETP, including the named respondents, 

any other ETP Entity, and any of its 

current or former directors, officers, 

employees, agents, or other 

representatives, relating to manipulation 

or attempted manipulation of natural 

gas prices in alleged violation of the 

Commission’s former Market Behavior 

Rule 2.2

By resolving all Claims through the 

Agreement, ETP and Enforcement 

Litigation Staff agree that the 

Commission shall dismiss all Claims 

against ETP with prejudice, terminate 

all investigations in this Proceeding, 

and forever release ETP and the ETP 

Entities and their current or former 

directors, officers, employees, agents, 

and other representatives, and any 

successor to ETP or the ETP Entities, 

from any and all administrative or civil 

claims for civil penalties and legal and 

equitable relief, including disgorgement 

of profits and restitution, under any and 

all theories of alleged liability based on 

or arising under in whole or part, the 

Claims. 

Under the terms of the Agreement, 

ETP will pay Five Million Dollars 

($5,000,000.00) in civil monetary 

penalties to the United States Treasury. 

In addition, under the terms of the 

Agreement, ETP will establish a Fund in 

the amount of Twenty-Five Million 

Dollars ($25,000,000.00) for the purpose 

of disgorging to Final Opt-In Fund 

Participants alleged unjust profits based 

on or arising from ETP’s Alleged 

Conduct. Third Parties that have 

asserted claims against ETP in private 

litigation or arbitration may become 

Fund Participants. If, after the allocation 

of money to Final Opt-In Fund 

Participants, there is any Remaining 

Fund Amount, such amount shall be 

available for the purpose of 

compensating Third Parties, in whole or 

part, in connection with the Private 

Settlement of Pending Claims or Future 

Claims. 

For purposes of this Proceeding, ETP 

neither admits nor denies the Claims. 

As specified in the Agreement, ETP 

does not admit or concede to any Third 

Party actual or potential fault, 

wrongdoing, or liability in connection 

with any facts or claims that have been 

or could have been alleged against it 

with respect to ETP’s Alleged Conduct. 

No later than sixty (60) days from the 

date of the publication of this Notice in 

the Federal Register (the ‘‘Fund Notice 

Period’’), any individual, business 

entity, or putative class that believes it 

may have a claim against any ETP 

Entity, with respect to the allegations 

covered by the Agreement, and elects to 

become a Conditional Opt-In Fund 

Participant, shall cause to be filed with 

the Commission and served upon ETP 

and Enforcement Litigation Staff a 

written, verified Conditional Notice as 

attached.3 No claims filed after 

expiration of the sixty-day Fund Notice 

Period shall be considered or eligible for 

participation in the Fund. Such 

submissions shall be treated as subject 

to the terms of the Protective Order 

entered in this Proceeding on February 

11, 2008, Energy Transfer Partners, L.P., 

122 FERC ¶ 61,122 (2008), as such 

Protective Order may be modified by the 

Commission or by an administrative law 

judge. 

Within one hundred twenty (120) 

days after the close of the Fund Notice 

Period, the Fund Administrator shall 

certify to the Commission and 

simultaneously serve the Settling Parties 

and each Conditional Opt-In Fund 

Participant an Initial Fund Allocation 

Report. This report shall describe the 

data submitted by each Conditional 

Fund Participant, the basis for its claim, 

its total claim, if any, supported by the 

data submitted, the initial allocation of 

the Fund, and the methodology 

employed in reaching the initial 

allocation of the Fund. The Agreement 

provides for Commission review and 

approval of the report. Within thirty (30) 

days after the Initial Fund Allocation 

Report becomes final, each Conditional 

Opt-In Fund Participant shall declare in 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 48949 

1Capitalized terms in this Conditional Notice 

have the meaning provided in the Agreement. 

writing whether or not it accepts the 

allocated amount to become a Final OptIn Fund Participant. As a condition of 

accepting the allocated amount, each 

Final Opt-In Participant must agree to 

forever waive and release all claims 

against ETP based on or arising, in 

whole or part, from ETP’s Alleged 

Conduct as specified in the Agreement. 

No individual, business entity, or 

putative class that becomes a 

Conditional Opt-In Fund Participant or 

a Final Opt-In Fund Participant shall 

become a Party to this Proceeding. 

No portion of the Fund shall be 

withdrawn by, recouped by, or revert to 

ETP. If, at the close of the allocation 

process set forth in the Agreement, there 

is any amount of money remaining in 

the fund, that amount shall be paid to 

the United States Treasury. 

For additional information regarding 

the Agreement, please contact: 

Enforcement Litigation Staff: 

John R. Kroeger, Division of 

Investigations, Office of 

Enforcement, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

T: (202) 502–8177, E: 

john.kroeger@ferc.gov. 

Energy Transfer Partners, L.P., et al. 

William S. Scherman, Skadden, Arps, 

Slate, Meagher & Flom, LLP, 1440 

New York Avenue, NW., 

Washington, DC 20005, T: (202) 

371–7000, E: 

William.scherman@skadden.com. 

Conditional Notices are due no later 

than sixty (60) days after publication of 

this Notice in the Federal Register. 

Kimberly D. Bose, 

Secretary. 

UNITED STATES OF AMERICA BEFORE 

THE FEDERAL ENERGY REGULATORY 

COMMISSION 

Energy Transfer Partners, L.P. 

Energy Transfer Company 

ETC Marketing, Ltd. 

Houston Pipeline Company 

Docket No. IN06–3–003 

Conditional Notice to Participate in 

Settlement Fund 

Pursuant to the Federal Energy Regulatory 

Commission’s lll, 2009 Order Approving 

Settlement, lll FERC ¶ll (2009), and 

Public Notice, l Fed. Reg. l [date of 

notice], and in accordance with the 

Stipulation and Consent Agreement (the 

‘‘Agreement’’) dated August 26, 2009 by 

ETP 1 and Enforcement Litigation Staff, the 

undersigned, a duly authorized 

representative of [company or other entity], 

hereby gives notice that [company or other 

entity] on behalf of itself and llll 

[identify each affiliate, subsidiary or other 

entity that may have a Fund Claim], believes 

it may have a Fund Claim against one or 

more ETP Entities arising from ETP’s Alleged 

Conduct and elects to become a Conditional 

Opt-In Fund Participant under the terms of 

the Agreement. 

[The company or other entity] hereby 

states and acknowledges that, should it 

accept that ultimate allocation of the Fund by 

the Fund Administrator and elect to become 

a Final Opt-In Fund Participant, it and each 

of its affiliates, subsidiaries, or other entities 

shall forever waive and release all claims 

against ETP based on or arising from, in 

whole or in part, the Claims and ETP’s 

Alleged Conduct as provided in Paragraph 64 

of the Agreement. 

[The company or other entity] further 

states and acknowledges that by such 

election, it shall not be a party to the 

Agreement or a party to the Proceeding. 

The basis for the Fund Claim of [company 

or other entity], together with its affiliates 

and related legal entities, is as follows: 

[Statement of how the Conditional Opt-In 

Fund Participant was purportedly injured by 

the Claims or ETP’s Alleged Conduct] 

Attached hereto are the following verified 

documents and data that support the Fund 

Claim and accompanying affidavits of the 

following individuals: 

[Description of verified documentation and 

other data showing sufficient information to 

support the Fund Claim and a statement of 

how the Conditional Opt-In Fund 

Participant was purportedly injured by the 

Claims or ETP’s Alleged Conduct. Such 

information for physical transactions shall 

include, for example, all monthly sales and 

purchases made by the Third Party and its 

affiliates or other related entities based on, 

in whole or part, the IFERC HSC Index for 

any or all of the months of September 2003 

through December 2006 inclusive; whether 

the transaction was a sale or purchase; the 

counter-party for each sale or purchase; the 

execution date of the transaction; the 

applicable sales or purchase price per 

MMBtu; all related positions; and all other 

information necessary to establish that the 

Third Party allegedly suffered a loss. Such 

information for derivative financial 

transactions shall include, for example, all 

instruments owned by the Third Party or its 

affiliates or other related entities based on, 

in whole or part, the IFERC HSC Index for 

any or all of the months of September 2003 

through December 2006 inclusive; whether 

the instrument had a long or short exposure 

to the IFERC HSC Index; the counter-party 

for each instrument; the execution date of 

the transaction; the applicable price for each 

instrument; all related positions; and all 

other information necessary to establish that 

the Third Party allegedly suffered a loss. The 

Conditional Notice may include any other 

information on which a Fund Claim is 

based.] 

Attached hereto and described below as 

necessary is any other information upon 

which a Fund Claim is based: 

[Description of attached documentation or 

statement of additional information.] 

This submission is subject to the 

Commission’s February 11, 2008 Order 

Adopting Protective Order and Appendix 

thereto, Energy Transfer Partners, L.P., 122 

FERC ¶ 61,122 (2008), as it may be modified 

by the Commission or the Fund 

Administrator. 

Electronic copies of this notice, including 

all attachments, are being served on each 

person designated as a receiving 

representative of the Settling Parties to the 

Agreement. 

Respectfully submitted, 

llllllllllllllllllll

[Authorized Representative] 

[Name, title, company or other entity, 

business address, telephone and email] 

UNITED STATES OF AMERICA BEFORE 

THE FEDERAL ENERGY REGULATORY 

COMMISSION 

Energy Transfer Partners, L.P. 

Energy Transfer Company 

ETC Marketing, Ltd. 

Houston Pipeline Company 

Docket No. IN06–3–003 

COUNTY OF llllllllllllll

STATE OF lllllllllllllll

Declaration of [Authorized Representative]* 

I, [Authorized Representative], declare 

under penalty of perjury that I am the 

authorized representative of [company or 

other entity], its affiliates and related legal 

entities, with the authority to bind [company 

or other entity], its affiliates and related legal 

entities, and that the foregoing Conditional 

Notice to Participate in Settlement Fund, 

together with all attachments, is true, correct, 

and complete to the best of my information, 

knowledge, and belief. 

Executed on this l day of l 2009. 

lllllllllllllllllllll

[Authorized Representative] 

[Name, title, company or other entity] 

Subscribed and Sworn to before me 

This l day of l 2009. 

lllllllllllllllllllll

Notary Public 

My Commission Expires: 

* [To be submitted by the duly authorized 

representative.] 

UNITED STATES OF AMERICA BEFORE 

THE FEDERAL ENERGY REGULATORY 

COMMISSION 

Energy Transfer Partners, L.P. 

Energy Transfer Company 

ETC Marketing, Ltd. 

Houston Pipeline Company 

Docket No. IN06–3–003 

COUNTY OF llllllllllllll

STATE OF lllllllllllllll

Affidavit of [Affiant]* 

I, [Affiant], declare under penalty of 

perjury that I am [title] of [company or other 

entity] doing business at [business address] 

and that the attached documents and data 

entitled [identify attached documents and 

data] submitted in support of the claim of 

[company or other entity] on behalf of itself, 

its affiliates and all related legal entities, is 

true, correct, and complete to the best of my 

information, knowledge, and belief. 

Executed on this l day of l 2009. 

lllllllllllllllllllll


jlentini on DSKJ8SOYB1PROD with NOTICES
48950 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

1Capitalized terms in this Final Notice have the 

meaning provided in the Agreement. 

[Affiant] 

[Name, business address, telephone] 

Subscribed and Sworn to before me 

This l day of l 2009. 

lllllllllllllllllllll

Notary Public 

My Commission Expires: 

* [To be submitted for each affiant 

necessary to verify the documents and data 

submitted.] 

Declaration of Final Opt-In Fund Participant 

and Waiver and Release of Claims 

Pursuant to the Federal Energy Regulatory 

Commission’s lll 2009 Order Approving 

Settlement, l FERC ¶ll (2009), and 

Public Notice, l Fed. Reg. ll [date of 

notice], and in accordance with the terms of 

the Stipulation and Consent Agreement (the 

‘‘Agreement’’) dated August 26, 2009 by and 

among ETP 1 and Enforcement Litigation 

Staff, the undersigned, a duly authorized 

representative of [company or other entity 

and each subsidiary, affiliate, or other legal 

entity], hereby states that [company or other 

entity] accepts the amount of $[amount of 

allocation] allocated to it by the Final Fund 

Allocation Report of [date of Final Fund 

Allocation Report], 2010 and elects to 

become a Final Opt-In Fund Participant 

pursuant to the terms and conditions 

specified in the Agreement. 

[The company or other entity] hereby 

states and acknowledges that, by such 

election for itself, its affiliates and all other 

related legal entities, it forever waives and 

releases each and every ETP Entity, and each 

of their respective, current and former 

directors, officers, employees, agents or other 

representatives, from each and every past, 

existing and future claim for civil damages 

and/or penalties and/or equitable relief, 

including but not limited to disgorgement 

and restitution, whether known or unknown, 

suspected or unsuspected, based on or 

arising from, in whole or part, the Claims or 

ETP’s Alleged Conduct. Such claims include, 

but are not limited to any claims relating to 

ETP’s Alleged Conduct arising under the 

Natural Gas Act, the Natural Gas Policy Act 

of 1978, the Energy Policy Act of 2005, the 

Commodity Exchange Act, and any 

regulation thereunder, any federal or state 

antitrust law or consumer protection law, 

however denominated, and any state or 

common law tort theory, contract theory or 

equitable theory. 

This declaration is final and binding and 

may not be qualified or withdrawn. 

Electronic copies of this notice are being 

served on each person designated as a 

receiving representative of the Settling 

Parties to the agreement. 

Respectfully submitted, 

lllllllllllllllllllll

[Authorized Representative] 

[Name, title, company or other entity, 

business address, telephone and email] 

Attachment(s) 

UNITED STATES OF AMERICA BEFORE 

THE FEDERAL ENERGY REGULATORY 

COMMISSION 

Energy Transfer Partners, L.P. 

Energy Transfer Company 

ETC Marketing, Ltd. 

Houston Pipeline Company 

Docket No. IN06–3–003 

COUNTY OF llllllllllllll

STATE OF lllllllllllllll

Declaration of [Authorized Representative] 

I, [Authorized Representative], declare 

under penalty of perjury that I am an 

authorized representative of [company or 

other entity], its affiliates and related legal 

entities, with the authority to bind [company 

or other entity], its affiliates and related legal 

entities. Under penalty of perjury, the 

foregoing Declaration of Final Opt-In Fund 

Participant and Waiver and Release of Claims 

is true, correct, and complete to the best of 

my information, knowledge, and belief. 

Executed on this l day of ll 2010. 

lllllllllllllllllllll

[Authorized Representative] 

[Name, title, company or other entity] 

Subscribed and Sworn to before me 

This l day of ll 2010. 

lllllllllllllllllllll

Notary Public 

My Commission Expires: 

lllllllllllllllllllll

[FR Doc. E9–23145 Filed 9–24–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8597–7] 

Environmental Impact Statements and 

Regulations; Availability of EPA 

Comments 

Availability of EPA comments 

prepared pursuant to the Environmental 

Review Process (ERP), under section 

309 of the Clean Air Act and Section 

102(2)(c) of the National Environmental 

Policy Act as amended. Requests for 

copies of EPA comments can be directed 

to the Office of Federal Activities at 

202–564–7146. An explanation of the 

ratings assigned to draft environmental 

impact statements (EISs) was published 

in FR dated July 17, 2009 (74 FR 34754). 

Draft EISs 

EIS No. 20090188, ERP No. D–AFS– 

K65369–AZ, Pinaleno Ecosystem 

Restoration Project, Proposed On-theGround Treatments to Improve Forest 

Health and Improve or Protect Red 

Squirrel Habitat, Coronado National 

Forest, Graham County, AZ. 

Summary: EPA does not object to the 

proposed project, but did request 

clarification of Christmas tree removal 

and public firewood gathering issues. 

Rating LO. 

EIS No. 20090227, ERP No. D–UAF– 

K10011–AZ, Barry M. Goldwater 

Ranger East Range Enhancements, 

Proposes to Take Ten Different 

Actions would Enhance Range 

Operations and Training, Yuma, Pima 

and Maricopa Counties, AZ. 

Summary: EPA expressed 

environmental concerns about impacts 

to surface water and air emissions from 

the sand and gravel excavation of 

washes. Rating EC2. 

EIS No. 20090235, ERP No. D–AFS– 

K65374–CA, Sugar Pine Adaptive 

Management Project, Proposal to 

Create a Network of Strategically 

Placed Landscape Area Treatments 

(SPLATs) and Defensible Fuels 

Profiles near Key Transportation 

Corridors to Reduce the Intensity and 

Spread of Wildfires across the 

landscape and near Communities, 

Madera and Mariposa Counties, CA. 

Summary: EPA expressed 

environmental concerns about impacts 

to water and air quality, and requested 

for additional information on and 

commitments to mitigation measures to 

minimize those impacts. Rating EC2. 

EIS No. 20090241, ERP No. D–IBR– 

H28002–KS, Aquifer Storage Recharge 

and Recovery Project, To Provide 

Municipal and Industrial (M&I) Water 

to City and Surrounding Region, 

Equus Beds Division, Wichita Project, 

Kansas, Harvey, Sedgwick, and Reno 

Counties, KS. 

Summary: EPA does not object to the 

proposed project Rating LO. 

EIS No. 20090253, ERP No. D–AFS– 

L65575–OR, Deadlog Vegetation 

Management Project, To Implement 

Treatments that would Reduce the 

Risk of High Intensity, Stand 

Replacement Wildlife and the Risk of 

Heavy Tree Mortality from Insects and 

Disease, Deschutes National Forest 

Lands, Deschutes County, OR. 

Summary: EPA expressed 

environmental concerns about the 

project’s potential to impact air quality. 

Rating EC2. 

EIS No. 20090256, ERP No. D–BLM– 

K65378–NV, Round Mountain 

Expansion Project, Proposed to 

Construct and Operate and Expand 

the Existing Open-Pit Gold Mining 

and Processing Operations, north of 

the town of Tonopah in Nye County, 

NV. 

Summary: EPA expressed 

environmental concerns about impacts 

to groundwater and surface water 

quality and quantity, riparian areas, and 

air quality, and requested additional 


jlentini on DSKJ8SOYB1PROD with NOTICES