38516 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 

1Revised Public Utility Filing Requirements, 

Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g 

denied, Order No. 2001–A, 100 FERC ¶ 61,074, 

reconsideration and clarification denied, Order No. 

2001–B, 100 FERC ¶ 61,342, order directing filings, 

Order No. 2001–C, 101 FERC ¶ 61,314 (2002), order 

directing filings, Order No. 2001–D, 102 FERC 

¶ 61,334 (2003). 2Order No. 2001 at P 222. 

3 Id. P 223. 

4See, e.g., Electric Quarterly Reports, 75 FR 

19,646 (Apr. 15, 2010); Electric Quarterly Reports, 

74 FR 44,841 (Aug. 31, 2009). 

5See Solaro Energy Marketing Corporation, 

Docket No. ER03–752–000 (April 22, 2010) 

(unpublished letter order); Strategic Energy 

Management Corp., Docket No. ER00–167–000 

(April 22, 2010) (unpublished letter order). 

6According to the Commission’s records, both 

companies subject to this order failed to file their 

Electric Quarterly Reports for the 4th quarter of 

2009 and the 1st quarter of 2010. 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Order on Intent To Revoke MarketBased Rate Authority 

Issued June 25, 2010. 

Before Commissioners: Jon Wellinghoff, 

Chairman; Marc Spitzer, Philip D. Moeller, 

and John R. Norris. 

In the matter of: ER02–2001–015, ER00– 

167–000, ER03–752–000, Electric Quarterly 

Reports, Strategic Energy Management Corp., 

Solaro Energy Marketing Corporation. 

1. Section 205 of the Federal Power 

Act (FPA), 16 U.S.C. 824d (2006), and 

18 CFR part 35 (2009), require, among 

other things, that all rates, terms, and 

conditions of jurisdictional services be 

filed with the Commission. In Order No. 

2001, the Commission revised its public 

utility filing requirements and 

established a requirement for public 

utilities, including power marketers, to 

file Electric Quarterly Reports 

summarizing the contractual terms and 

conditions in their agreements for all 

jurisdictional services (including 

market-based power sales, cost-based 

power sales, and transmission service) 

and providing transaction information 

(including rates) for short-term and 

long-term power sales during the most 

recent calendar quarter.1

2. Commission staff’s review of the 

Electric Quarterly Report submittals 

indicates that two utilities with 

authority to sell electric power at 

market-based rates have failed to file 

their Electric Quarterly Reports. This 

order notifies these public utilities that 

their market-based rate authorizations 

will be revoked unless they comply 

with the Commission’s requirements 

within 15 days of the date of issuance 

of this order. 

3. In Order No. 2001, the Commission 

stated that: 

[i]f a public utility fails to file a[n] Electric 

Quarterly Report (without an appropriate 

request for extension), or fails to report an 

agreement in a report, that public utility may 

forfeit its market-based rate authority and 

may be required to file a new application for 

market-based rate authority if it wishes to 

resume making sales at market-based rates.2

4. The Commission further stated that: 

[o]nce this rule becomes effective, the 

requirement to comply with this rule will 

supersede the conditions in public utilities’ 

market-based rate authorizations, and failure 

to comply with the requirements of this rule 

will subject public utilities to the same 

consequences they would face for not 

satisfying the conditions in their rate 

authorizations, including possible revocation 

of their authority to make wholesale power 

sales at market-based rates.3

5. Pursuant to these requirements, the 

Commission has revoked the marketbased rate tariffs of several market-based 

rate sellers that failed to submit their 

Electric Quarterly Reports.4

6. As noted above, Commission staff’s 

review of the Electric Quarterly Report 

submittals identified two public utilities 

with authority to sell power at marketbased rates that failed to file Electric 

Quarterly Reports through the first 

quarter of 2010. Commission staff 

contacted these entities to remind them 

of their regulatory obligations.5 None of 

the public utilities listed in the caption 

of this order has met those obligations.6

Accordingly, this order notifies these 

public utilities that their market-based 

rate authorizations will be revoked 

unless they comply with the 

Commission’s requirements within 15 

days of the issuance of this order. 

7. In the event that any of the abovecaptioned market-based rate sellers has 

already filed its Electric Quarterly 

Report in compliance with the 

Commission’s requirements, its 

inclusion herein is inadvertent. Such 

market-based rate seller is directed, 

within 15 days of the date of issuance 

of this order, to make a filing with the 

Commission identifying itself and 

providing details about its prior filings 

that establish that it complied with the 

Commission’s Electric Quarterly Report 

filing requirements. 

8. If any of the above-captioned 

market-based rate sellers do not wish to 

continue having market-based rate 

authority, they may file a notice of 

cancellation with the Commission 

pursuant to section 205 of the FPA to 

cancel their market-based rate tariff. 

The Commission orders: 

(A) Within 15 days of the date of 

issuance of this order, each public 

utility listed in the caption of this order 

shall file with the Commission all 

delinquent Electric Quarterly Reports. If 

a public utility fails to make this filing, 

the Commission will revoke that public 

utility’s authority to sell power at 

market-based rates and will terminate 

its electric market-based rate tariff. The 

Secretary is hereby directed, upon 

expiration of the filing deadline in this 

order, to promptly issue a notice, 

effective on the date of issuance, listing 

the public utilities whose tariffs have 

been revoked for failure to comply with 

the requirements of this order and the 

Commission’s Electric Quarterly Report 

filing requirements. 

(B) The Secretary is hereby directed to 

publish this order in the Federal 

Register. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–16131 Filed 7–1–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R01–OW–2010–0316, FRL–9170–4] 

Massachusetts Marine Sanitation 

Device Standard—Notice of 

Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of determination. 

SUMMARY: The Regional Administrator 

of the Environmental Protection 

Agency—New England Region, has 

determined that adequate facilities for 

the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available for the coastal 

waters of Pleasant Bay/Chatham Harbor, 

MA. 

ADDRESSES: Docket: All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically in 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ann 

Rodney, U.S. Environmental Protection 

Agency—New England Region, Office of 

Ecosystem Protection, Oceans and 

Coastal Protection Unit, Five Post Office 

Square, Suite 100, OEP06–1, Boston, 

MA 02109–3912. Telephone: (617) 918– 

1538. Fax number: (617) 918–0538. Email address: rodney.ann@epa.gov. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 38517 

SUPPLEMENTARY INFORMATION: On May 7, 

2010, EPA published a notice that the 

Commonwealth of Massachusetts had 

petitioned the Regional Administrator, 

Environmental Protection Agency, to 

determine that adequate facilities for the 

safe and sanitary removal and treatment 

of sewage from all vessels are 

reasonably available for the waters of 

Pleasant Bay/Chatham Harbor. Three 

comments were received on this 

petition. The response to comments can 

be obtained utilizing the above contact 

information. 

The petition was filed pursuant to 

Section 312 (f) (3) of Public Law 92–500, 

as amended by Public Laws 95–217 and 

100–4, for the purpose of declaring 

these waters a No Discharge Area 

(NDA). 

Section 312 (f) (3) states: After the 

effective date of the initial standards 

and regulations promulgated under this 

section, if any State determines that the 

protection and enhancement of the 

quality of some or all of the waters 

within such State require greater 

environmental protection, such State 

may completely prohibit the discharge 

from all vessels of any sewage, whether 

treated or not, into such waters, except 

that no such prohibition shall apply 

until the Administrator determines that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for such water to which such 

prohibition would apply. 

This Notice of Determination is for 

the waters of Pleasant Bay/Chatham 

Harbor. The NDA boundaries are as 

follows: 

Waterbody/General area From latitude From longitude To latitude To longitude 

Bounded on the west by mainland Chatham, Harwich, 

Brewster and Orleans; bounded on the east by Nauset 

Beach (North Beach) and North Beach Island. A line 

drawn cross the mouth of the North inlet across from 

Minister’s Point:.

41°42′19.43′′ N. 69°55′44.76′′ W. 41°42′13.31′′ N. 69°55′45.11′′ W. 

From West of a line across the mouth of the South Inlet: 41°40′41.51′′ N. 69°56′3.47′′ W. 41°39′56.52′′ N. 69°56′30.48′′ W. 

The area includes the municipal 

waters of Chatham, Harwich, Brewster 

and Orleans. 

The information submitted to EPA by 

the Commonwealth of Massachusetts 

certifies that there are three pumpout 

facilities located within this area. A list 

of the facilities, with locations, phone 

numbers, and hours of operation is 

appended at the end of this 

determination. 

Based on the examination of the 

petition and its supporting 

documentation, and information from 

site visits conducted by EPA New 

England staff, EPA has determined that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the area covered under this 

determination. 

This determination is made pursuant 

to Section 312 (f) (3) of Public Law 92– 

500, as amended by Public laws 95–217 

and 100–4. 

PUMPOUT FACILITIES WITHIN THE NO DISCHARGE AREA

Name Location Contact info. Hours Mean low 

water depth 

Pleasant Bay/Chatham Harbor 

Harbormaster ......................... Round Cove Harwich ............. 508–430–7532, VHF 60 ........ On demand ............................ N/A. 

Harbormaster ......................... Ryder’s Cove Chatham ......... 508–945–1067 or 508–945– 

5185, VHF 66.

M–F 8 a.m.–5 p.m., Sat. 9 

a.m.–1 p.m.

3 ft. 

Nauset Marine East ............... 37 Barley Neck Road, East 

Orleans.

508–255–3045, VHF 9 .......... On demand ............................ 3 ft. 

Dated: June 24, 2010. 

H. Curtis Spalding, 

Regional Administrator, New England Region. 

[FR Doc. 2010–16174 Filed 7–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8991–2] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–1399 or http://www.epa.gov/ 

compliance/nepa/. Weekly receipt of 

Environmental Impact Statements. Filed 

06/21/2010 through 06/25/210. 

Pursuant to 40 CFR 1506.9. 

Notice 

In accordance with Section 309(a) of 

the Clean Air Act, EPA is required to 

make its comments on EISs issued by 

other Federal agencies public. 

Historically, EPA has met this mandate 

by publishing weekly notices of 

availability of EPA comments, which 

includes a brief summary of EPA’s 

comment letters, in the Federal 

Register. Since February 2008, EPA has 

been including its comment letters on 

EISs on its Web site at: http:// 

www.epa.gov/compliance/nepa/ 

eisdata.html. Including the entire EIS 

comment letters on the Web site 

satisfies the Section 309(a) requirement 

to make EPA’s comments on EISs 

available to the public. Accordingly, on 

March 31, 2010, EPA discontinued the 

publication of the notice of availability 

of EPA comments in the Federal 

Register. 

EIS No. 20100236, Draft EIS, FERC, CA, 

Kilarc-Cow Creek Hydroelectric 

Project (FERC Project No. 606) 

Proposes to Surrender the License for 

Operation Project, Old Crow Creek 

and South Cow Creek, Shasta County, 

CA, Comment Period Ends: 08/16/ 

2010, Contact: Mary O’Driscoll, 

1–866–208–3372. 

EIS No. 20100237, Final Supplement, 

BLM, NV, Newmont Gold Mining, 

South Operations Area Project 

Amendment, Updated Information on 

the Cumulative Effects Analyses, 

Operation and Expansion, Plan of 

Operations, Elko and Eureka 

Counties, NV, Wait Period Ends: 08/ 


emcdonald on DSK2BSOYB1PROD with NOTICES