Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63467 

file with the Commission and open to 

public inspection. 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. For assistance, call (202) 

502–8659 or TTY, (202) 208–3676. 

Any questions regarding this 

application should be directed to 

Stephen Cittadine, Vice President, 

Sawgrass Storage LLC, 3333 Warrenville 

Road, Suite 630, Lisle, Illinois 60532, or 

by calling (630) 245–7801 (telephone) or 

(630) 245–7839 (fax), scittad@nicor.com 

or to Christopher A. Schindler, Eric S. 

Lashner, Hogan Lovells US LLP, 

Columbia Square, 555 13th Street, NW., 

Suite 600, Washington, DC 20004, or by 

calling (202) 637–5723 (telephone) or 

(202) 637–5910 (fax), 

christopher.schindler@hogan

lovells.com. 

Pursuant to section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: Complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding; or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify Federal and 

state agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

Federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below, file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

14 copies of filings made with the 

Commission and must mail a copy to 

the applicant and to every other party in 

the proceeding. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commentors will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commentors will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commentors 

will not receive copies of all documents 

filed by other parties or issued by the 

Commission (except for the mailing of 

environmental documents issued by the 

Commission) and will not have the right 

to seek court review of the 

Commission’s final order. 

The Commission strongly encourages 

electronic filings of comments, 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 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: October 28, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–25953 Filed 10–14–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13798–000] 

Lanai Hydro, LLC; Notice of 

Preliminary Permit Application 

Accepted for Filing and Soliciting 

Comments, Motions To Intervene, and 

Competing Applications 

October 7, 2010. 

On June 10, 2010, Lanai, LLC filed an 

application for a preliminary permit, 

pursuant to section 4(f) of the Federal 

Power Act (FPA), proposing to study the 

feasibility of the Lanai Pumped Storage 

Project to be located on the Pacific 

Ocean in the vicinity of Lanai City, in 

Maui County, Hawaii. The sole purpose 

of a preliminary permit, if issued, is to 

grant the permit holder priority to file 

a license application during the permit 

term. A preliminary permit does not 

authorize the permit holder to perform 

any land-disturbing activities or 

otherwise enter upon lands or waters 

owned by others without the owners’ 

express permission. 

The proposed project would consist of 

the following: (1) An artificial, lined 57- 

acre reservoir created by the 

construction of embankments; (2) an 

approximately 11,650-foot-long conduit 

joined to the Pacific Ocean; (3) three 

reversible pump-turbines, totaling 300 

megawatts (MW) of generating capacity, 

with up to 100 MW of additional 

pumping capacity; (4) an approximately 

6-mile-long, single-circuit 230-kilovolt 

transmission line; and (5) appurtenant 

facilities. The estimated annual 

generation of the Lanai Pumped Storage 

project would be 919,800 megawatthours. 

Applicant Contact: Matthew Shapiro, 

CEO, Gridflex Energy, LLC, 725 1210 W. 

Franklin St., Suite 2, Boise, ID 83702; 

phone: (208) 246–9925. 

FERC Contact: Shana Murray (202) 

502–8333. 

Deadline for filing comments, motions 

to intervene, competing applications 

(without notices of intent), or notices of 

intent to file competing applications: 60 

days from the issuance of this notice. 

Competing applications and notices of 

intent must meet the requirements of 18 

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63468 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

1E-mail exchange with FERC staff. 

1Electric Quarterly Reports, 132 FERC ¶ 61,251 

(2010) (September 22 Order). 

2Revised Public Utility Filing Requirements, 

Order No. 2001, 67 FR 31,043, 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 filing, Order No. 

2001–D, 102 FERC ¶ 61,334 (2003). 

CFR 4.36. Comments, motions to 

intervene, notices of intent, and 

competing applications may be filed 

electronically via the Internet. See 18 

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

instructions on the Commission’s Web 

site 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. 

Although the Commission strongly 

encourages electronic filing, documents 

may also be paper-filed. To paper-file, 

mail an original and seven copies to: 

Kimberly D. Bose, Secretary, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

More information about this project, 

including a copy of the application, can 

be viewed or printed on the ‘‘eLibrary’’ 

link of Commission’s Web site at 

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

elibrary.asp. Enter the docket number 

(P–13798–000) in the docket number 

field to access the document. For 

assistance, contact FERC Online 

Support. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–25961 Filed 10–14–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM98–1–000] 

Records Governing Off-the-Record 

Communications; Public Notice 

October 5, 2010. 

This constitutes notice, in accordance 

with 18 CFR 385.2201(b), of the receipt 

of prohibited and exempt off-the-record 

communications. 

Order No. 607 (64 FR 51222, 

September 22, 1999) requires 

Commission decisional employees, who 

make or receive a prohibited or exempt 

off-the-record communication relevant 

to the merits of a contested proceeding, 

to deliver to the Secretary of the 

Commission, a copy of the 

communication, if written, or a 

summary of the substance of any oral 

communication. 

Prohibited communications are 

included in a public, non-decisional file 

associated with, but not a part of, the 

decisional record of the proceeding. 

Unless the Commission determines that 

the prohibited communication and any 

responses thereto should become a part 

of the decisional record, the prohibited 

off-the-record communication will not 

be considered by the Commission in 

reaching its decision. Parties to a 

proceeding may seek the opportunity to 

respond to any facts or contentions 

made in a prohibited off-the-record 

communication, and may request that 

the Commission place the prohibited 

communication and responses thereto 

in the decisional record. The 

Commission will grant such a request 

only when it determines that fairness so 

requires. Any person identified below as 

having made a prohibited off-the-record 

communication shall serve the 

document on all parties listed on the 

official service list for the applicable 

proceeding in accordance with Rule 

2010, 18 CFR 385.2010. 

Exempt off-the-record 

communications are included in the 

decisional record of the proceeding, 

unless the communication was with a 

cooperating agency as described by 40 

CFR 1501.6, made under 18 CFR 

385.2201(e)(1)(v). 

The following is a list of off-therecord communications recently 

received by the Secretary of the 

Commission. The communications 

listed are grouped by docket numbers in 

ascending order. These filings are 

available for review at the Commission 

in the Public Reference Room or may 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. For assistance, please contact 

FERC, Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

Docket No. File date Presenter or 

requester 

Prohibited: 

1. ER08–386– 

000.

9–8–10 Peter C. 

Luchsinger. 

Exempt: 

1. CP09–35– 

000.

9–14–10 Elizabeth 

Kendziora. 

2. CP10–477– 

000.

9–22–10 Hon. John Barrow. 

3. CP10–494– 

000.

9–30–10 Ashley and Stuart Moberley. 

4. CP10–494– 

000.

10–4–10 Lisa Reddick. 

5. CP10–494– 

000.

9–30–10 Jackie and Victoria Truelove. 

6. Project No. 

606–000.

9–16–10 Hon. Wally 

Herger. 

Docket No. File date Presenter or 

requester 

7. Project No. 

2621–000.

9–29–10 Jim Seay.1

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–26039 Filed 10–14–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Notice of Revocation of Market-Based 

Rate Tariff 

October 7, 2010. 

Electric Quarterly Reports.Docket No. ER02– 

2001–016 

BM2 LLC ................... Docket No. ER06– 

885–000 

DJGW, LLC ............... Docket No. ER04– 

289–000 

On September 22, 2010, the 

Commission issued an order 

announcing its intent to revoke the 

market-based rate authority of the above 

captioned public utilities, which had 

failed to file their required Electric 

Quarterly Reports.1 The Commission 

provided the utilities fifteen days in 

which to file their overdue Electric 

Quarterly Reports or face revocation of 

their market-based rate tariffs. 

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.2

In the September 22 Order, the 

Commission directed BM2 LLC and 

DJGW, LLC to file the required Electric 

Quarterly Reports within 15 days of the 

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