Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 48947 

After the pre-survey consultation 60- 

day Federal Register notice was 

published on page 8075 on February 23, 

2009, EIA received funds in order to 

include weatherization and energy 

efficiency program participation 

questions on the survey. 

Please refer to the supporting 

statement as well as the proposed forms 

and instructions for more information 

about the purpose, who must report, 

when to report, where to submit, the 

elements to be reported, detailed 

instructions, provisions for 

confidentiality, and uses (including 

possible nonstatistical uses) of the 

information. For instructions on 

obtaining materials, see the FOR FURTHER

INFORMATION CONTACT section. 

Statutory Authority: Section 13(b) of the 

Federal Energy Administration Act of 1974, 

Pub. L. 93–275, codified at 15 U.S.C. 772(b). 

Issued in Washington, DC, September 21, 

2009. 

Stephanie Brown, 

Director, Statistics and Methods Group, 

Agency Clearance Officer Energy Information 

Administration. 

[FR Doc. E9–23185 Filed 9–24–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Record of Decision: Montana Alberta 

Tie Limited (DOE/EIS–0399) 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Record of decision. 

SUMMARY: The Western Area Power 

Administration (Western), an agency of 

the U.S. Department of Energy (DOE), 

has decided to finance a portion of the 

Montana Alberta Tie Ltd. (MATL) 230- 

kilovolt (kV) transmission line (MATL 

Project) in exchange for ownership of 50 

megawatts (MW) of southbound 

capacity on the line and ownership of 

approximately 18 miles of transmission 

line. This decision is contingent on the 

MATL Project meeting all necessary 

conditions under Western’s 

Transmission Infrastructure Program 

(TIP). MATL proposed to construct, 

operate, maintain, and connect a new 

214-mile, single-circuit 230-kV electric 

transmission line across the U.S.- 

Canada border near Cut Bank, Montana, 

and DOE prepared the Environmental 

Impact Statement for the Montana 

Alberta Tie Ltd. (MATL) 230-kV 

Transmission Line (DOE/EIS–0399), 

herein referred to as the MATL 

Environmental Impact Statement (EIS), 

as co-lead with the State of Montana, to 

analyze the environmental impacts that 

would be associated with construction 

and operation of the line. The 

environmental mitigation measures and 

electric reliability conditions required 

by DOE’s permit for the line are 

identified in the Record of Decision 

(ROD); Montana Alberta Tie Ltd. issued 

by DOE on November 17, 2008, (73 FR 

67860), herein referred to as the first 

ROD. 

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 the National 

Environmental Policy Act (NEPA), and 

DOE’s NEPA Implementing Procedures 

(10 CFR part 1021). 

FOR FURTHER INFORMATION CONTACT: For 

further information about Western’s 

decision, contact Robert J. Harris, 

Regional Manager, Upper Great Plains 

Customer Service Region, Western Area 

Power Administration, P.O. Box 35800, 

Billings MT 59107–5800, by telephone 

at (406) 247–7405 or (800) 358–3415, or 

by facsimile at (406) 247–7408. The 

MATL EIS and first ROD are available 

on the DOE NEPA Web site at http:// 

www.gc.energy.gov/NEPA/. In addition, 

the first ROD may be requested by 

contacting Ellen Russell, Senior Project 

Manager, Office of Electricity Delivery 

and Energy Reliability, OE–20, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, by telephone at 

(202) 586–9624, by facsimile at (202) 

586–8008, or at 

Ellen.Russell@hq.doe.gov. For 

information on the DOE NEPA process, 

contact Carol Borgstrom, Director, Office 

of NEPA Policy and Compliance, GC– 

20, U.S. Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, by telephone at 

(202) 586–4600 or (800) 472–2756, or by 

facsimile at (202) 586–7031. 

SUPPLEMENTARY INFORMATION: 

NEPA Review 

When DOE distributed the Final 

MATL EIS in October 2008, Western 

was not involved in the MATL Project 

as the MATL Project did not include an 

interconnection with Western’s 

transmission system and the American 

Recovery and Reinvestment Act of 2009 

(Pub. L. 111–5; the Recovery Act) was 

not then law. The environmental 

impacts that would be associated with 

the line were analyzed in the MATL 

EIS, and the MATL Project would result 

in low environmental impacts after 

mitigation measures required by DOE’s 

permit are implemented. The 

environmental mitigation measures and 

electric reliability conditions committed 

to are noted in the first ROD. 

Because the expected environmental 

impacts of the MATL Project were fully 

addressed in the MATL EIS, and given 

that Western’s participation and Federal 

action does not change the MATL 

Project or its impacts, Western has 

determined that further NEPA 

documentation is not required. For 

detailed information on the MATL EIS, 

please see the FOR FURTHER INFORMATION

section above. 

Purpose and Need for Agency Action 

Under section 402 of the Recovery 

Act, Western is given authority to 

borrow funds from the U.S. Treasury to 

construct, finance, facilitate, plan, 

operate, maintain, and/or study 

construction of new or upgraded electric 

power transmission lines and related 

facilities. These transmission lines and 

related facilities must have at least one 

terminus in Western’s marketing area 

and deliver or facilitate the delivery of 

power from renewable resources 

constructed or reasonably expected to 

be constructed after the date of 

enactment of the Recovery Act. 

On March 4, 2009, Western published 

a Notice of Proposed Program and 

Request for Public Comments in the 

Federal Register (74 FR 9391) 

describing its proposed Transmission 

Infrastructure Program (TIP) and 

soliciting public input on that program. 

After considering the comments 

received on its March 4 Federal Register 

notice, Western published its final TIP 

Notice of Program on May 14, 2009 (74 

FR 22732). The TIP will guide how 

Western evaluates proposals for funding 

under the Recovery Act. 

Western also published a Notice of 

Availability of Request for Interest on 

March 4, 2009, (74 FR 9391) that 

initiated a public process to help 

identify the first round of transmission 

projects to be developed under the 

Recovery Act. The MATL Project was 

one of the projects proposed for funding 

in response to this notice. 

Western’s proposed action is to 

partially finance under its TIP the 

MATL Project as described in the first 

ROD. In return for its portion of Project 

funding, Western would own 50 MW of 

southbound capacity on the MATL line 

and gain ownership of approximately 18 

miles of transmission line extending 

north from the Great Falls substation. 


jlentini on DSKJ8SOYB1PROD with NOTICES
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