Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. EL10-64-000]

                    Take notice that on May 4, 2010, pursuant to Rule 207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207, the Public Utilities Commission of the State of California (CPUC) filed a petition for declaratory order, requesting the Commission to find that the decisions, which promote Combined Heat and Power systems (                    *i.e.,*                     cogeneration) of 20 megawatts or less, are not preempted by the Federal Power Act (FPA), 16 U.S.C. 824,                     *et seq.,*                     Public Utilities Regulatory Policies Act (PURPA), 16 U.S.C. 824-a-1,                     *et seq.,*                     or Commission regulations. The CPUC also requests exemption from paying filing fees, pursuant to Rule 207(c) of the Commission Rules, 18 CFR 385.207(c), and 18 CFR 381.108(a).                

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

                    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at                     *http://www.ferc.gov.*                     Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the 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 email 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 June 3, 2010.                

Kimberly D. Bose,

Secretary.

[FR Doc. 2010-11530 Filed 5-13-10; 8:45 am]

BILLING CODE 6717-01-P