Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10491 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2206–021] 

Progress Energy Carolinas, Inc.; 

Notice of Application for Amendment 

of License and Soliciting Comments, 

Motions To Intervene, and Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Application Type: Updated 

shoreline management plan. 

b. Project No: 2206–021. 

c. Date Filed: December 19, 2011. 

d. Applicant: Progress Energy 

Carolinas, Inc. 

e. Name of Project: Yadkin-Pee Dee 

Hydroelectric Project. 

f. Location: Lake Tillery in 

Montgomery and Stanly counties, North 

Carolina. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a–825r. 

h. Applicant Contact: Larry Mann, 

Progress Energy Carolinas, Inc., 179 

Tillery Dam Rd., Mt. Gilead, NC 27306, 

(919) 546–5300. 

i. FERC Contact: Mark Carter, (678) 

245–3083, mark.carter@ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, and protests: 

March 16, 2012. 

All documents may be filed 

electronically via the Internet. See, 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site at http://www.ferc.gov/docs-filing/ 

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 

without prior registration, using the 

eComment system at http:// 

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

(202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents may also be 

paper-filed. To paper-file, mail an 

original and seven copies to: Secretary, 

Federal Energy Regulatory Commission, 

888 First Street NE., Washington, DC 

20426. Please include the project 

number (P–2206–021) on any 

comments, motions, or 

recommendations filed. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person whose name appears on the 

official service list for the project. 

Further, if an intervenor files comments 

or documents with the Commission 

relating to the merits of an issue that 

may affect the responsibilities of a 

particular resource agency, they must 

also serve a copy of the document on 

that resource agency. 

k. Description of Application: 

Progress Energy Carolinas, Inc. 

(licensee) filed an updated shoreline 

management plan (SMP) for Lake 

Tillery, one of the project’s reservoirs. 

The current SMP was approved on 

November 24, 2004, and included a 

provision for the licensee to update the 

SMP every 10 years. The licensee’s goal 

for the updated SMP is to balance the 

protection and enhancement of the 

environmental, scenic, and recreational 

values provided by Lake Tillery and the 

surrounding project lands, while 

ensuring the continued safe and reliable 

production of hydroelectric power at the 

project. Among other things, the 

updated SMP includes a more recent 

shoreline habitat survey and a reduction 

in the number of shoreline 

classifications. 

l. Locations of the Application: A 

copy of the application is available for 

inspection and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street, NE., Room 

2A, Washington, DC 20426, or by calling 

(202) 502–8371. This filing may also be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. You may also register online 

at http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, call 1–866–208–3676 or 

email FERCOnlineSupport@ferc.gov, for 

TTY, call (202) 502–8659. A copy is also 

available for inspection and 

reproduction at the address in item (h) 

above. Agencies may obtain copies of 

the application directly from the 

applicant. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214, 

respectively. In determining the 

appropriate action to take, the 

Commission will consider all protests or 

other comments filed, but only those 

who file a motion to intervene in 

accordance with the Commission’s 

Rules may become a party to the 

proceeding. Any comments, protests, or 

motions to intervene must be received 

on or before the specified comment date 

for the particular application. 

o. Filing and Service of Documents: 

Any filing must (1) bear in all capital 

letters the title ‘‘COMMENTS’’, 

‘‘PROTEST’’, or ‘‘MOTION TO 

INTERVENE’’ as applicable; (2) set forth 

in the heading the name of the applicant 

and the project number of the 

application to which the filing 

responds; (3) furnish the name, address, 

and telephone number of the person 

commenting, protesting or intervening; 

and (4) otherwise comply with the 

requirements of 18 CFR 385.2001 

through 385.2005. All comments, 

motions to intervene, or protests must 

set forth their evidentiary basis. Any 

filing made by an intervenor must be 

accompanied by proof of service on all 

persons listed in the service list 

prepared by the Commission in this 

proceeding, in accordance with 18 CFR 

385.2010. 

Dated: February 15, 2012. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2012–4075 Filed 2–21–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13254–002] 

City of Aspen; Notice of Intent To File 

License Application, Filing of PreApplication Document, and Approving 

Use of the Traditional Licensing 

Process 

a. Type of Filing: Notice of Intent to 

File License Application and Request to 

Use the Traditional Licensing Process. 

b. Project No.: 13254–002. 

c. Date Filed: December 12, 2011. 

d. Submitted By: City of Aspen. 

e. Name of Project: Castle Creek 

Hydroelectric Project. 

f. Location: On Maroon and Castle 

Creeks near the City of Aspen, in Pitkin 

County, Colorado. Parts of the Castle 

Creek Hydroelectric Project would 

occupy federal lands of the White River 

National Forest. 

g. Filed Pursuant to: 18 CFR 5.3 of the 

Commission’s regulations. 

h. Potential Applicant Contact: David 

Hornbacher, City of Aspen, 130 South 

Galena Street, Aspen, CO 81611. 

i. FERC Contact: Jim Fargo at (202) 

502–6095; or email at 

james.fargo@ferc.gov. 


srobinson on DSK4SPTVN1PROD with NOTICES
10492 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

1Analysis of Horizontal Market Power under the 

Federal Power Act, Notice of Inquiry, 76 FR 16,394 

(Mar. 23, 2011), FERC Stats. & Regs. ¶ 35,571 (2011) 

(NOI). 

2 16 U.S.C. 824b (2006). 

3 16 U.S.C. 824d (2006). 

4A list of the commenters is provided in 

Appendix A. 

5 Inquiry Concerning the Commission’s Merger 

Policy Under the Federal Power Act: Policy 

Statement, Order No. 592, FERC Stats. & Regs. 

¶ 31,044 (1996) (Merger Policy Statement), 

reconsideration denied, Order No. 592–A, 79 FERC 

¶ 61,321 (1997); see also FPA Section 203 

Supplemental Policy Statement, FERC Stats. & Regs. 

¶ 31,253 (2007) (Supplemental Policy Statement). 

6Energy Policy Act of 2005, Public Law 109–58, 

1289, 119 Stat. 594, 982–83 (2005), codified, 16 

U.S.C. 824b(a)(4). 7U.S. Dept. of Justice & Federal Trade 

Commission, ‘‘Horizontal Merger Guidelines’’ 

(1992), as revised (1997) (1992 Guidelines). 8Merger Policy Statement, FERC Stats. & Regs. 

¶ 31,044 at 30,118, 30,130. The five steps are: (1) 

Assess whether the merger would significantly 

increase concentration and result in a concentrated 

market, properly defined and measured; (2) assess 

whether the merger, in light of market 

concentration and other factors that characterize the 

market, raises concern about potential adverse 

competitive effects; (3) assess whether market entry 

would be timely, likely and sufficient either to deter 

or counteract the competitive effects of concern; (4) 

assess whether the merger would result in increases 

in efficiency that cannot reasonably be achieved 

through the parties by other means; and (5) assess 

whether either party to the merger would fail 

without the merger, causing its assets to exit the 

market. Id. at 30,111. 

9The HHI is a widely accepted measure of market 

concentration, calculated by squaring the market 

share of each firm competing in the market and 

summing the results. The HHI increases both as the 

number of firms in the market decreases and as the 

disparity in size between those firms increases. 

Both the Antitrust Agencies and the Commission 

use HHI to assess market concentration. 

10Merger Policy Statement, FERC Stats. & Regs. 

¶ 31,044 at 30,119–20, 30, 128–37. 

j. City of Aspen filed its request to use 

the Traditional Licensing Process on 

December 12, 2011. The city provided 

public notice of its request on December 

19, 2011. In a letter dated February 2, 

2012, the Director of the Office of 

Energy Projects approved the City of 

Aspen’s request to use the Traditional 

Licensing Process. 

k. With this notice, we are initiating 

informal consultation with: (a) The U.S. 

Fish and Wildlife Service under section 

7 of the Endangered Species Act and the 

joint agency regulations thereunder at 

50 CFR Part 402; and (b) the Colorado 

State Historic Preservation Officer, as 

required by section 106, National 

Historical Preservation Act, and the 

implementing regulations of the 

Advisory Council on Historic 

Preservation at 36 CFR 800.2. 

l. With this notice, we are designating 

the City of Aspen as the Commission’s 

non-federal representative for carrying 

out informal consultation, pursuant to 

section 7 of the Endangered Species Act, 

section 305 of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, and section 106 of the National 

Historic Preservation Act. 

m. City of Aspen filed a PreApplication Document (PAD; including 

a proposed process plan and schedule) 

with the Commission, pursuant to 18 

CFR 5.6 of the Commission’s 

regulations. 

n. A copy of the PAD is available for 

review at the Commission in the Public 

Reference Room or may be viewed on 

the Commission’s Web site (http:// 

www.ferc.gov), using the ‘‘eLibrary’’ 

link. Enter the docket number, 

excluding the last three digits in the 

docket number field to access the 

document. For assistance, contact FERC 

Online Support at 

FERCONlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

(202) 502–8659. A copy is also available 

for inspection and reproduction at the 

address in paragraph h. Register online 

at http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

email of new filing and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

Dated: February 14. 2012. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2012–4012 Filed 2–21–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM11–14–000] 

Order Reaffirming Commission Policy 

and Terminating Proceeding; Analysis 

of Horizontal Market Power Under the 

Federal Power Act 

Before Commissioners: Jon Wellinghoff, 

Chairman; Philip D. Moeller, John 

R. Norris, and Cheryl A. LaFleur. 

1. On March 17, 2011, the 

Commission issued a Notice of Inquiry1

seeking comment on whether, and, if so, 

how, the Commission should revise its 

approach to examining horizontal 

market power concerns under section 

203 of the Federal Power Act (FPA) 2 to 

reflect the Horizontal Merger Guidelines 

issued by the Department of Justice 

(DOJ) and Federal Trade Commission 

(FTC) (collectively, Antitrust Agencies) 

on August 19, 2010 (2010 Guidelines). 

The Commission also sought comment 

on what impact, if any, the 2010 

Guidelines should have on the 

Commission’s analysis of horizontal 

market power in its electric-market 

based rate program under section 205 of 

the FPA.3 Seventeen parties filed 

comments in response to the NOI.4

2. As discussed below, after reviewing 

the comments received, the Commission 

has decided to retain its existing 

policies regarding the analysis of 

horizontal market power when 

reviewing transactions under section 

203 of the FPA and in its electric 

market-based rate program. 

Accordingly, we will terminate the 

proceeding in Docket No. RM11–14– 

000. 

I. Background 

A. Section 203 

3. Under section 203 of the FPA, 

Commission authorization is required 

for public utility mergers and 

consolidations and for public utility 

acquisitions of jurisdictional facilities. 

Section 203(a) provides that the 

Commission shall approve such 

transactions if they are consistent with 

the public interest. The Commission has 

stated that it will consider three factors 

when analyzing a proposed merger: the 

effect on competition, the effect on 

rates, and the effect on regulation.5 The 

Energy Policy Act of 2005 added the 

further requirement that the 

Commission determine whether a 

proposed transaction would result in 

cross-subsidization, and if so, whether 

the resulting cross-subsidization would 

be consistent with the public interest.6

4. The Commission adopted the fivestep framework set out in the Antitrust 

Agencies’ 1992 Horizontal Merger 

Guidelines (1992 Guidelines) 7 as the 

basic framework for evaluating the 

competitive effects of proposed 

mergers.8 The Commission also adopted 

an analytic screen (Competitive 

Analysis Screen), based on the 1992 

Guidelines and outlined in Appendix A 

of the Merger Policy Statement, which 

focuses on the first step in the analysis: 

Whether the merger would significantly 

increase concentration in relevant 

markets. The components to a screen 

analysis are as follows: (1) Identify the 

relevant products; (2) identify customers 

who may be affected by the merger; (3) 

identify potential suppliers to each 

identified customer (includes a 

delivered price test (DPT) analysis, 

consideration of transmission 

capability, and a check against actual 

trade data); and (4) analyze market 

concentration using the HerfindahlHirschman Index (HHI) 9 thresholds 

from the 1992 Guidelines.10


srobinson on DSK4SPTVN1PROD with NOTICES