Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11939 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on March 20, 2009. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–6080 Filed 3–19–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Guidance Notice Clarifying Procedures 

for Submitting Non-Public Materials 

March 12, 2009. 

Take notice that the Commission is 

hereby clarifying and explaining the 

importance of the procedures for 

submitting Non-Public material to the 

Commission via paper, (DVD/CD), or 

electronic filing. The procedures are 

designed to ensure that Non-Public 

information is properly designated, 

identified, and processed in order to 

minimize the risk of Public disclosure of 

sensitive information. Explained below 

are the categories of materials that are 

considered Non-Public and the 

applicable regulation that can be found 

in Title 18 of the Code of Federal 

Regulations. 

Non-public materials include: 

1. Privileged Material: Material for 

which Privileged Treatment is requested 

under 18 CFR 388.112 because of the 

confidential nature of the information. 

2. Critical Energy Infrastructure 

Information (CEII): Maps, drawings, and 

other information for which CEII 

treatment is requested under 18 CFR 

388.112 because the information may be 

sensitive to the security of the nation’s 

hydroelectric and natural gas pipeline 

infrastructure. 

3. Protected Material: Material filed 

under a Protective Order issued by an 

FERC Administrative Law Judge or the 

Commission, or material for which such 

treatment is requested along with a draft 

protective order. Protected material 

must be filed under seal. The material 

is indexed in eLibrary; however, the 

actual Protected material is not added to 

eLibrary because of the requirement to 

sign a non-disclosure agreement for 

access. 

Because of the instantaneous nature of 

the Commission eFiling system, it is 

essential that every document be 

processed into eLibrary with the correct 

security designation. The security 

process for submissions begins with the 

filer of non-public materials. It is critical 

that documents submitted to the 

Commission be properly identified and 

patently and conspicuously marked 

when such documents are non-public 

materials. This helps ensure that 

Commission staff identify and correctly 

process each category of non-public 

material into eLibrary, and do so 

accurately and efficiently. 

In order to ensure that non-public 

material is processed into eLibrary 

correctly, the filer must observe the 

following procedures for paper filings 

information submitted via the 

Commission’s electronic filing system 

and information included on DVD/ 

CD(s). 

Paper Filings 

Paper filings containing non-public 

material must include a cover letter 

identifying the filer, all applicable 

docket or project numbers (unless it’s a 

new application), a description of the 

filing, and a clear indication on the first 

page of the cover letter that the filing 

contains Public, Privileged, CEII, and/or 

Protected versions, as applicable. 

Copies of a cover letter must be 

attached to each version, with the 

security designation in bold print in the 

top right portion of the first page. Use 

the applicable security designations 

‘‘PUBLIC VERSION,’’ ‘‘PRIVILEGED 

VERSION,’’ or ‘‘CEII MATERIAL.’’ The 

first page of the underlying material 

should also contain the same 

designation. Ensure that Protected 

Material is filed ‘‘under seal,’’ with a 

copy of the cover letter attached to the 

sealed enclosure and ‘‘PROTECTED 

MATERIAL’’ in bold print in the upper 

right area of the cover letter. 

Large filings should be collated 

according to security. Where multiple 

binders are involved, the cover letter 

should list and clearly identify the 

security of each volume. 

Failure to comply with these 

guidelines may result in a document not 

being considered ‘‘filed’’ until issues 

pertaining to document security are 

resolved with the submitter. 

eFILING 

The Commission’s electronic filing 

system accepts Public, Privileged and 

CEII material. Protected material may 

not be efiled at this time. Every 

electronic submission must have at least 

one Public file (which may be a 

redacted version of the filing, or only be 

a cover letter, depending on the nature 

of the content of the document). 

The security of efiled documents must 

be clear to everyone involved in 

document preparation, submission, and 

processing of the filing. For example, 

the person submitting an efiling (e.g., a 

paralegal) is often someone other than 

the document preparer (e.g., an 

attorney) and could possibly be unaware 

of the security designation. Moreover, 

submissions may include files provided 

to the document preparer or submitter 

by other entities. All of these 

individuals should be aware of what 

security designation applies to the 

document that is being efiled. Persons 

preparing documents with non-public 

material are advised to organize files in 

folders by security level and/or with file 

names beginning with PUBLIC, PRIV, or 

CEII. This will help to ensure that when 

efiling the document submitter correctly 

uploads files under the appropriate 

security tab on the File Upload screen. 

Again, the designation of security begins 

with the filing party. 

Failure to comply with these 

guidelines may result in a document not 

being considered ‘‘filed’’ until issues 

pertaining to document security are 

resolved with the submitter. 

DVD/CD Submissions 

The Commission receives numerous 

filings containing one or more DVDs or 

CDs. The Commission, in fact, allows a 

reduced number of paper copies of large 

filings to be submitted if the filer 

includes the entire filing on DVD/CD. In 

other cases, the information on DVD/CD 

supplements information in a paper 

filing, or contains only a portion of the 

material on paper. 

Each paper submission that includes 

information on DVD/CD must include a 

cover letter describing the content and 

security status of each DVD/CD and 

indicating whether the electronic media 

contains the entire filing, part of the 

filing, or is a supplement containing 

information not submitted on paper. 

The security for all files on each DVD/ 

CD must be clear. For all filings, Public, 

Privileged, and CEII, files should be 

submitted on separate, clearly-labeled 

DVD/CDs (i.e., should be labeled 

PUBLIC, PRIVILEGED, or CEII in bold). 

Protected material included on 

electronic media must always be on a 

11940 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

1Petitioners are NorthWestern Corporation, and 

Mountain States Transmission Intertie, LLC. 

separately labeled DVD/CD and 

included with the paper material 

‘‘under seal.’’ 

Failure to comply with these 

guidelines may result in a document not 

being considered ‘‘filed’’ until issues 

pertaining to document security are 

resolved with the submitter. 

In addition to security concerns, 

persons submitting information on 

DVD/CD must observe the following 

restrictions: 

1. The acceptable file formats for 

information on DVD/CD are included in 

the Submission Guidelines posted at: 

http://www.ferc.gov/help/submissionguide/user-guide.pdf. 

2. The file size limit is 50 Mb per file. 

Submit maps in individual files if 

necessary to comply with this limit. 

3. The file name, including the 

extension, cannot exceed 60 characters. 

It is important that such restrictions be 

strictly followed, as a failure to comply 

could prohibit the Commission’s access 

to the contents of that submission. 

Accordingly, the Commission reserves 

the right to not accept such 

submissions. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–6069 Filed 3–19–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL09–29–000; Docket No. 

EL09–30–000] 

NorthWestern Corporation; Mountain 

States Transmission Intertie, LLC; 

NorthWestern Corporation; PostTechnical Conference Notice 

March 13, 2009. 

The Commission Staff convened an 

informal technical conference in the 

above-referenced proceedings on 

Thursday, March 12, 2009, at 1 p.m. 

(EDT), at the offices of the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

Notice of the technical conference was 

issued on February 25, 2009, and a 

supplemental notice of technical 

conference was issued on March 5, 

2009. 

Post-technical conference information 

and comments will be filed as follows. 

Petitioners 1 will make a filing on or 

before March 27, 2009 supplementing 

the Petitions for Declaratory Order in 

the referenced proceedings addressing 

the topics and questions discussed at 

the conference. Thereafter, interested 

persons, regardless of whether they 

attended the technical conference, may 

file comments to respond to the 

Petitioners’ supplemental filing on or 

before April 14, 2009. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–6078 Filed 3–19–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP09–69–000] 

Viking Gas Transmission Company; 

Notice of Request Under Blanket 

Authorization 

March 12, 2009. 

Take notice that on February 26, 2009, 

Viking Gas Transmission Company 

(Viking), 100 West 5th Street, Tulsa, 

Oklahoma 74103, filed a prior notice 

request pursuant to part 157 of the 

Commission’s regulations under the 

Natural Gas Act (NGA) and Viking’s 

blanket certificate issued in Docket No. 

CP82–414, for authorization to 

construct, own, and operate an 

expansion to an existing lateral 

terminating at the Fargo, North Dakota 

city gate (Fargo Lateral) and to abandon 

the existing Fargo Lateral pipeline 

facilities that are to be replaced, all as 

more fully set forth in the application, 

which is on file with the Commission 

and open to public inspection. The 

filing may also be viewed on the Web 

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. For assistance, contact FERC 

at FERCOnlineSupport@ferc.gov or call 

toll-free, (866) 208–3676 or TTY, (202) 

502–8659. 

Specifically, Viking proposes to 

expand its Fargo Lateral pipeline 

facilities by constructing and operating, 

in two segments, approximately 9.98 

miles of a 12-inch diameter natural gas 

pipeline to replace 9.98 miles of 8-inch 

diameter natural gas pipeline to be 

abandoned in place, all in Clay County, 

Minnesota and Cass County, North 

Dakota. Viking states that, when fully 

operational, the new pipeline facilities 

will be capable of transporting up to 

91,000 dekatherms per day (Dth/d) of 

natural gas from the existing Viking 

mainline pipeline to the existing Fargo, 

Dilworth, and Moorhead interconnects. 

Viking asserts that the existing Fargo 

Lateral facilities are capable of 

transporting only 53,332 Dth/d. Viking 

states that, as a part of the subject 

project, it proposes the abandonment in 

place of certain pipeline and auxiliary 

facilities on its Fargo Lateral, which 

include approximately 9.98 miles of 8- 

inch pipeline, as well as short segments 

of aboveground pipeline that connect 

directly to tie-in valves which are also 

to be replaced. Viking states that it has 

entered into a precedent agreement with 

Northern States Power Company, a 

Minnesota corporation (NSP–MN), 

which provides for a minimum firm 

transportation capacity of 37,688 Dth/d. 

Viking asserts that the estimated cost of 

the proposed project is $14.6 million. 

Any questions regarding the 

application should be directed to 

Brenda Storbeck, General Manager, 

Rates & Regulatory Affairs, ONEOK 

Partners GP, L.L.C., ONEOK Plaza, 

Tulsa, Oklahoma 74103, at (918) 588– 

7707. 

Any person may, within 60 days after 

the issuance of the instant notice by the 

Commission, file pursuant to Rule 214 

of the Commission’s Procedural Rules 

(18 CFR 385.214) a motion to intervene 

or notice of intervention. Any person 

filing to intervene or the Commission’s 

staff may, pursuant to section 157.205 of 

the Commission’s regulations under the 

NGA (18 CFR 157.205) file a protest to 

the request. If no protest is filed within 

the time allowed therefore, the proposed 

activity shall be deemed to be 

authorized effective the day after the 

time allowed for protest. If a protest is 

filed and not withdrawn within 30 days 

after the time allowed for filing a 

protest, the instant request shall be 

treated as an application for 

authorization pursuant to section 7 of 

the NGA. 

The Commission strongly encourages 

electronic filings of comments, protests, 

and interventions via the Internet in lieu 

of paper. See 18 CFR 385.2001(a)(1)(iii) 

and the instructions on the 

Commission’s Web site (http:// 

www.ferc.gov) under the ‘‘e-Filing’’ link. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–6065 Filed 3–19–09; 8:45 am] 

BILLING CODE