27480 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices 

to be officially filed in the Bureau of 

Land Management Oregon/Washington 

State Office, Portland, Oregon, 30 days 

from the date of this publication. 

Willamette Meridian 

Oregon 

T. 15 S., R. 2 W., accepted April 20, 2012. 

T. 24 S., R. 6 W., accepted April 20, 2012. 

Washington 

T. 14 N., R. 11 W., accepted April 25, 2012. 

ADDRESSES: A copy of the plats may be 

obtained from the Land Office at the 

Bureau of Land Management, Oregon/ 

Washington State Office, 333 SW. 1st 

Avenue, Portland, Oregon 97204, upon 

required payment. A person or party 

who wishes to protest against a survey 

must file a notice that they wish to 

protest (at the above address) with the 

Oregon/Washington State Director, 

Bureau of Land Management, Portland, 

Oregon. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Hensley, (503) 808–6124, Branch of 

Geographic Sciences, Bureau of Land 

Management, 333 SW. 1st Avenue, 

Portland, Oregon 97204. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339 to contact the above 

individual during normal business 

hours. The FIRS is available 24 hours a 

day, 7 days a week, to leave a message 

or question with the above individual. 

You will receive a reply during normal 

business hours. 

SUPPLEMENTARY INFORMATION: Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Mary J.M. Hartel, 

Chief, Cadastral Surveyor of Oregon/ 

Washington. 

[FR Doc. 2012–11194 Filed 5–9–12; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCAC069 L1711.0000 AL.0000 025B] 

Notice of Public Meeting of the Carrizo 

Plain National Monument Advisory 

Council 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act and the Federal Advisory 

Committee Act of 1972, the U.S. 

Department of the Interior, Bureau of 

Land Management (BLM) Carrizo Plain 

National Monument Advisory Council 

(MAC) will meet as indicated below. 

DATES: The meeting will be held on 

Saturday, June 30, 2012, at the Carrisa 

Plains Elementary School, located 

approximately 2 miles northwest of 

Soda Lake Road on Highway 58. The 

meeting will begin at 10:00 a.m. and 

finish at 2:00 p.m. The meeting will 

focus on the Travel Management Plan, 

accomplishments completed and 

continued implementation of the 

Resource Management Plan. There will 

be a public comment period from 

1:00 p.m. to 2:00 p.m. Lunch will be 

available for $8. 

FOR FURTHER INFORMATION CONTACT: The 

BLM, Johna Hurl, Monument Manager, 

Bakersfield Field Office, 3801 Pegasus 

Drive, Bakersfield, CA 93308, (661) 391– 

6093, jhurl@blm.gov. 

SUPPLEMENTARY INFORMATION: The tenmember MAC advises the Secretary of 

the Interior, through the BLM, on a 

variety of public land issues associated 

with public land management in the 

Carrizo Plain National Monument in 

Central California. At this meeting, 

Monument staff will outline the process 

for developing the Travel Management 

Plan for the monument, provide 

updated information on continued 

implementation of the Resource 

Management Plan and 

accomplishments. This meeting is open 

to the public. Depending on the number 

of persons wishing to comment and the 

time available, the time allotted for 

individual oral comments may be 

limited. Individuals who plan to attend 

and need special assistance such as sign 

language interpretation or other 

reasonable accommodations should 

contact the BLM as indicated above. 

Dated: May 1, 2012. 

Timothy Z. Smith, 

Field Manager, Bakersfield Field Office. 

[FR Doc. 2012–11265 Filed 5–9–12; 8:45 am] 

BILLING CODE 4310–40–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

Outer Continental Shelf Scientific 

Committee; Announcement of Plenary 

Session 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Notice of Meeting. 

SUMMARY: The Outer Continental Shelf 

(OCS) Scientific Committee (SC) will 

meet at the Fess Parker’s Doubletree 

Resort. 

DATES: Tuesday, May 22, 2012, from 

8:30 a.m. to 5:00 p.m.; Wednesday, May 

23, 2012, from 8:30 a.m. to 5:00 p.m.; 

and on Thursday, May 24, 2012, from 

9:00 a.m. to 3:30 p.m. 

ADDRESSES: 633 East Cabrillo Boulevard, 

Santa Barbara, California 93103, 

telephone (805) 564–4333. 

FOR FURTHER INFORMATION CONTACT: A 

copy of the agenda may be requested 

from BOEM by emailing Ms. Phyllis 

Clark at Phyllis.Clark@boem.gov. Other 

inquiries concerning the OCS SC 

meeting should be addressed to Dr. 

Rodney Cluck, Executive Secretary to 

the OCS SC, Bureau of Ocean Energy 

Management, 381 Elden Street, Mail 

Stop HM–3115, Herndon, Virginia 

20170–4817, or by calling (703) 787– 

1087 or via email at Rodney.Cluck@

boem.gov. 

SUPPLEMENTARY INFORMATION: The OCS 

SC will provide advice on the 

feasibility, appropriateness, and 

scientific value of the OCS 

Environmental Studies Program to the 

Secretary of the Interior through the 

Director of BOEM. The SC will review 

the relevance of the research and data 

being produced to meet BOEM’s 

scientific information needs for decision 

making and may recommend changes in 

scope, direction, and emphasis. 

The Committee will meet in plenary 

session on Tuesday, May 22. The Chief 

Environmental Officer will address the 

Committee on the general status of 

BOEM and its activities. There will be 

an update from each region’s 

Environmental Studies Chief on OCS 

activities and current issues. 

On Wednesday, May 23, the 

Committee will meet in discipline 

breakout groups (i.e., biology/ecology, 

physical sciences, and social sciences) 

to review the specific research plans of 

BOEM’s regional offices for Fiscal Years 

2013 and 2014. 

On Thursday, May 24, the Committee 

will meet in plenary session for reports 

of the individual discipline breakout 

sessions of the previous day and to 

continue with Committee business. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices 27481 

The meetings are open to the public. 

Approximately 30 visitors can be 

accommodated on a first-come-firstserved basis at the plenary session. 

Authority: Federal Advisory Committee 

Act, Pub. L. 92–463, 5 U.S.C., Appendix I, 

and the Office of Management and Budget’s 

Circular A–63, Revised. 

Dated: May 3, 2012. 

Alan Thornhill, 

Chief Environmental Officer, Bureau of Ocean 

Energy Management. 

[FR Doc. 2012–11277 Filed 5–9–12; 8:45 am] 

BILLING CODE 4310–VH–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

United States v. Exelon Corporation, et 

al.; Public Comment and Response on 

Proposed Final Judgment 

Pursuant to the Antitrust Procedures 

and Penalties Act, 15 U.S.C. 16(b)–(h), 

the United States hereby publishes 

below the comment received on the 

proposed Final Judgment in United 

States v. Exelon Corporation, et al., 

Civil Action No. 1:11–CV–02276–EGS, 

which was filed in the United States 

District Court for the District of 

Columbia on April 26, 2012, together 

with the response of the United States 

to the comment. 

Copies of the comment and the 

response are available for inspection at 

the Department of Justice Antitrust 

Division, 450 Fifth Street NW., Suite 

1010, Washington, DC 20530 

(telephone: 202–514–2481), on the 

Department of Justice’s Web site at 

http://www.justice.gov/atr, and at the 

Office of the Clerk of the United States 

District Court for the District of 

Columbia, 333 Constitution Avenue 

NW., Washington, DC 20001. Copies of 

any of these materials may be obtained 

upon request and payment of a copying 

fee. 

Patricia A. Brink, 

Director of Civil Enforcement. 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

UNITED STATES OF AMERICA 

Plaintiff, v. EXELON CORPORATION, 

and CONSTELLATION ENERGY 

GROUP, INC. Defendants. Case: 1:11– 

cv–02276. 

RESPONSE OF PLAINTIFF UNITED 

STATES TO PUBLIC COMMENT ON 

THE PROPOSED FINAL JUDGMENT 

Pursuant to the requirements of the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. § 16(b)–(h) (‘‘APPA’’ or 

‘‘Tunney Act’’), plaintiff, the United 

States of America (‘‘United States’’) 

hereby files the public comment 

concerning the proposed Final 

Judgment in this case and the United 

States’ response to that comment. After 

careful consideration of the comment 

submitted, the United States continues 

to believe that the proposed Final 

Judgment will provide an effective and 

appropriate remedy for the antitrust 

violation alleged in the Complaint. The 

United States will move the Court for 

entry of the proposed Final Judgment 

after the public comment and this 

response have been published in the 

Federal Register, pursuant to 15 U.S.C. 

§ 16(d). 

I. BACKGROUND 

A. Procedural History 

On April 28, 2011, Defendant Exelon 

Corporation (‘‘Exelon’’) agreed to merge 

with Defendant Constellation Energy 

Group, Inc. (‘‘Constellation’’). Exelon 

and Constellation are two of the largest 

sellers of wholesale electricity in all or 

parts of Delaware, Illinois, Indiana, 

Kentucky, Maryland, Michigan, New 

Jersey, North Carolina, Ohio, 

Pennsylvania, Tennessee, Virginia, West 

Virginia and the District of Columbia. 

Wholesale electricity is resold to 

customers by utilities and other 

organizations, generally for resale to 

end-use consumers. 

On December 21, 2011, the United 

States filed a civil antitrust Complaint 

alleging that the proposed merger of 

Exelon and Constellation would 

substantially lessen competition in the 

provision of wholesale electricity in 

parts of the Mid-Atlantic states in 

violation of Section 7 of the Clayton 

Act, 15 U.S.C. § 18, and result in higher 

wholesale electricity prices, raising 

retail electricity prices for residential, 

commercial, and industrial customers in 

these markets. Simultaneously with the 

filing of the Complaint, the United 

States filed the proposed Final 

Judgment and a Hold Separate 

Stipulation and Order (‘‘Hold Separate 

Order’’) signed by the United States and 

Defendants consenting to the entry of 

the proposed Final Judgment after 

compliance with the requirements of the 

APPA, 15 U.S.C. § 16. The Court signed 

and entered the Hold Separate Order on 

December 30, 2011. 

Pursuant to the requirements of the 

APPA, the United States filed a 

Competitive Impact Statement (‘‘CIS’’) 

in this Court on December 21, 2011; 

published the proposed Final Judgment 

and CIS in the Federal Register on 

December 28, 2011 (see 76 Fed. Reg. 

81528); and arranged for the publication 

of a summary of the terms of the 

proposed Final Judgment, together with 

directions for the submission of written 

comments relating to the proposed Final 

Judgment, in The Washington Post for 

seven days beginning on December 26, 

2011 and ending on January 2, 2012. 

The Defendants filed the statement 

required by 15 U.S.C. § 16(g) on January 

3, 2012. The 60-day period for public 

comments ended on March 2, 2012; one 

comment was received as described in 

Section III below and is attached hereto. 

B. The Complaint and Proposed Final 

Judgment 

The Complaint alleges that the 

combination of Exelon’s and 

Constellation’s generating units would 

enhance post-merger Exelon’s ability 

and incentive to reduce output and raise 

wholesale electricity prices, likely 

resulting in increased retail electricity 

prices for customers in two regions, PJM 

Mid-Atlantic North and PJM MidAtlantic South, as defined in the 

Complaint and as discussed in detail in 

the CIS (at pp. 8–12). Absent the merger, 

Exelon and Constellation would 

compete against each other to sell 

electricity at wholesale. As explained in 

the CIS, the proposed merger would 

substantially lessen competition by 

combining the ownership or control of 

(a) low-cost baseload units that provide 

the incentive to raise prices with (b) 

higher-cost units that provide the ability 

to raise prices, and thus substantially 

increasing the likelihood that postmerger Exelon would find it profitable 

to withhold output and raise prices. 

The proposed Final Judgment would 

preserve the competition that would 

have been lost had the merger gone 

forward without divestitures. The 

remedy in the proposed Final Judgment 

resolves the alleged competitive effects 

by requiring defendants to divest three 

electric generating plants to a viable 

purchaser approved by the United 

States in its sole discretion. In addition, 

the proposed Final Judgment prohibits 

the merged company from reacquiring 

or controlling any of the divested assets. 

See CIS at pp. 12–15. 

C. Review of Proposed Merger by Other 

Government Agencies 

In addition to a review under the 

antitrust laws by the United States 

Department of Justice, which led to the 

Complaint and proposed Final 

Judgment, the proposed merger required 

approvals from the Federal Energy 

Regulatory Commission, the Public 

Service Commissions of Maryland and 

New York, the Public Utility 

Commission of Texas, the Federal 

Communications Commission, and the 

mstockstill on DSK4VPTVN1PROD with NOTICES