43956 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Notices 

DEPARTMENT OF ENERGY 

Energy Information Administration 

Agency Information Collection 

Activities: Proposed Change of 

Disclosure Information From Protected 

to Public 

AGENCY: Energy Information 

Administration (EIA), Department of 

Energy (DOE). 

ACTION: Agency Information Collection 

Activities: Proposed Public Release of 

Past Responses; Comment Request. 

SUMMARY: The EIA proposes to change 

the data confidentiality protection 

provisions for data collected from the 

‘‘Annual Nonutility Power Producer 

Report’’ Form EIA–867. 

DATES: Comments must be filed by 

September 27, 2010. If you anticipate 

difficulty in submitting comments 

within that period, contact the person 

listed below as soon as possible. 

ADDRESSES: Send comments to 

Christopher Cassar. To ensure receipt of 

the comments by the due date, 

submission by FAX (202–287–1938) or 

e-mail (EIA–867@eia.doe.gov) is 

recommended. The mailing address is 

Christopher Cassar, EI–53, Forrestal 

Building, U.S. Department of Energy, 

1000 Independence Ave., SW., 

Washington, DC 20585. Alternatively, 

Christopher Cassar may be contacted by 

telephone at 202–586–5448. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Christopher Cassar 

at the address listed above. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Current Actions 

III. Request for Comments 

I. Background 

The Form EIA–867, ‘‘Annual 

Nonutility Power Producer Report’’ was 

used to collect data from the nonutility 

electricity generator sector from 1989 

through 1997. The data collected on the 

survey form included plant-level 

electric power production and 

consumption data. The survey also 

collected ownership statistics such as, 

company name, number of electric 

generating facilities owned, and contact 

person name, title, and telephone 

number. From 1989 through 1997, EIA 

collected some information as public 

and non-confidential and other data 

such as fuels consumed, generation, 

purchases of electricity, sales, electricity 

used at the facility, number and type of 

customers, maximum contract amount 

by customer, deliveries by customer, 

environmental information, and electric 

generator information as confidential. 

EIA stated in its survey instructions that 

it would protect the information to the 

extent that it satisfied the criteria for 

exemption under the Freedom of 

Information Act (FOIA), 5 U.S.C. 552, 

the Department of Energy (DOE) 

regulations, 10 CFR 1004.11 

implementing the FOIA, and the Trade 

Secrets Act, 18 U.S.C. 1905. 

After 1997, the industry became 

deregulated and many plants previously 

categorized as ‘‘utility plants’’ were 

divested by utilities, and moved into the 

‘‘nonutility’’ sector as independent 

power producers. Those facilities were 

accustomed to EIA’s publicly disclosing 

information that was collected on Form 

EIA–867. On January 13, 1998, EIA 

published a Federal Register Notice 

(Volume 63, Number 8) to solicit 

comments on what electric power data 

should be treated as non-confidential 

and be available for dissemination in 

company-specific form and what 

electric power data should be treated as 

confidential by EIA and not disclosed in 

identifiable form. Based on the 

comments received from the electric 

power producers and data users, EIA 

made the decision to treat the 

information collected on Form EIA–867 

as public information and began 

releasing plant-level electric power 

production and consumption data from 

its Web site beginning with data 

collected from January 1, 1998. 

II. Current Actions 

The Form EIA–867 survey was 

discontinued December 31, 1998, and 

the data elements were merged into 

Form EIA–860. Beginning with the 

collection of 1998 data on January 1, 

1999, these data elements are treated as 

public information. EIA now proposes 

to treat all data submitted on Form EIA– 

867 from 1989 through 1997 data as 

public information and release it on 

EIA’s Web site. 

III. Request for Comments 

Past respondents to Form EIA–867 

and other interested parties should 

comment on the actions discussed in 

item II. Comments submitted in 

response to this notice will be 

considered before EIA changes the 

disclosure status. 

Statutory Authority: Section 13(b) of the 

Federal Energy Administration Act of 1974, 

Public Law 93–275, codified at 15 U.S.C. 

772(b). 

Issued in Washington, DC, July 21, 2010. 

Stephanie Brown, 

Director, Statistics and Methods Group, 

Energy Information Administration. 

[FR Doc. 2010–18356 Filed 7–26–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13806–000] 

5440 Hydro Inc.; Notice of Preliminary 

Permit Application Accepted for Filing 

and Soliciting Comments, Motions To 

Intervene, and Competing Applications 

July 19, 2010. 

On July 9, 2010, 5440 Hydro Inc. filed 

an application, pursuant to section 4(f) 

of the Federal Power Act, proposing to 

study the feasibility of the Brooklyn 

Dam Hydroelectric Project (Brooklyn 

Dam), to be located on the Ammonoosuc 

River near the Town of Groveton, Coos 

County, New Hampshire. 

The proposed project would consist 

of: (1) An existing approximately 15- 

foot-high, 90-foot-long crib dam with a 

30-foot-long spillway; (2) an existing 18- 

acre reservoir; (3) an existing 50-foot × 

50-foot concrete powerhouse and outlet 

structure; (4) two new turbine generator 

units with a total installed capacity of 

600 kilowatts (kW); (5) a 50-foot-long 

transmission line connecting to an 

existing Public Service of New 

Hampshire distribution line located 

adjacent to the powerhouse; and 

(6) appurtenant facilities. The project 

would produce an estimated average 

annual generation of about 3,000 

megawatt-hours, which would be sold 

directly to a local utility. 

Applicant Contact: Mr. Luz Loegters, 

717 Atlantic Avenue, Suite 1A, Boston, 

MA 02111, (416) 643–6610. 

FERC Contact: John Ramer, (202) 502– 

8969. 

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/ 

ferconline.asp) under the ‘‘eFiling’’ link. 

For a simpler method of submitting text 

only comments, click on ‘‘Quick 

Comment.’’ For assistance, please 


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