Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 66373 

Description: Fowler Ridge II Wind 

Farm LLC submits tariff filing per 35: 

Compliance Filing, Docket No. ER09– 

1650–001 and OA09–32–001 to be 

effective 12/31/9998. 

Filed Date: 10/20/2010 

Accession Number: 20101020–5123 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, November 10, 2010 

Docket Numbers: ER11–1854–000 

Applicants: NV Energy, Inc. 

Description: NV Energy, Inc. submits 

a Compliance Filing for its FERC 

Electric Tariff, Volume No 1—Open 

Access Transmission Tariff, to be 

effective 10/21/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5007 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1855–000 

Applicants: Cleco Power LLC 

Description: Cleco Power LLC submits 

revised OATT Section 23 for inclusion 

in its Open Access Transmission Tariff, 

to be effective 10/21/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5034 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1856–000 

Applicants: Southwest Power Pool, 

Inc. 

Description: Southwest Power Pool, 

Inc. submits tariff filing per 

35.13(a)(2)(iii): 2056 Broken Bow Wind, 

LLC GIA to be effective 9/27/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5042 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1857–000 

Applicants: NV Energy, Inc. 

Description: NV Energy, Inc. submits 

tariff filing per 35: Order 739 

Compliance Filing—Capacity 

Reassignment to be effective 10/1/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5049 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1858–000 

Applicants: NorthWestern 

Corporation 

Description: NorthWestern 

Corporation submits tariff filing per 35: 

Market-Based Rate Tariff to be effective 

10/21/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5053 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1859–000 

Applicants: Montana Generation, LLC 

Description: Montana Generation, LLC 

submits tariff filing per 35: Market 

Based Tariff to be effective 10/21/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5054 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1860–000 

Applicants: Public Service Company 

of New Mexico 

Description: Public Service Company 

of New Mexico submits tariff filing per 

35: Baseline Filing of PNM–EPE 

Interconnection Agreement to be 

effective 10/21/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5056 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1861–000 

Applicants: PacifiCorp 

Description: PacifiCorp submits tariff 

filing per 35: OATT Revised Section 23 

to be effective 9/24/2010. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5064 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Docket Numbers: ER11–1862–000 

Applicants: ISO New England Inc. 

Description: ISO New England Inc. 

Resource Termination Filing. 

Filed Date: 10/21/2010 

Accession Number: 20101021–5100 

Comment Date: 5 p.m. Eastern Time 

on Friday, November 12, 2010 

Any person desiring to intervene or to 

protest in any of the above proceedings 

must file in accordance with Rules 211 

and 214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214) on or before 5 p.m. Eastern 

time on the specified comment date. It 

is not necessary to separately intervene 

again in a subdocket related to a 

compliance filing if you have previously 

intervened in the same docket. 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. 

Anyone filing a motion to intervene or 

protest must serve a copy of that 

document on the Applicant. In reference 

to filings initiating a new proceeding, 

interventions or protests submitted on 

or before the comment deadline need 

not be served on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above proceedings 

are accessible in the Commission’s 

eLibrary system by clicking on the 

appropriate link in the above list. They 

are also 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 email FERCOnlineSupport@ferc.gov. or 

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

call (202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–27240 Filed 10–27–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9218–5] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Newport Borough Water Authority, 

Pennsylvania 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 3 is hereby granting a 

project waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(2) [manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the Newport Borough Water 

Authority (NBWA) for the purchase of 

membrane filtration cassettes, supplied 

by GE Water & Process Technologies 

(GE), that contains a primary component 

not manufactured in America, at its new 

Water Treatment Plant (WTP). NBWA 

indicates that the membrane filtration 

cassettes at its new WTP are necessary 

to replace groundwater wells that 

cannot meet the system demands during 

drought conditions and provide for the 

removal of Cryptosporidium and 

Giardia. The membrane cassettes under 

consideration are manufactured by a 

company located in Hungary and no 

United States manufacturer produces an 


emcdonald on DSK2BSOYB1PROD with NOTICES
66374 Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 

alternative that meets the NBWA’s 

technical specifications. This is a 

project specific waiver and only applies 

to the use of the specified product for 

the ARRA funded project being 

proposed. Any other ARRA project that 

may wish to use the same product must 

apply for a separate waiver based on the 

specific project circumstances. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the EPA Region III, 

Water Protection Division, Office of 

Infrastructure and Assistance. The 

NBWA has provided sufficient 

documentation to support its request. 

The Assistant Administrator of the 

EPA’s Office of Administration and 

Resources Management has concurred 

on this decision to make an exception 

to Section 1605 of ARRA. This action 

permits the purchase of membrane 

filtration cassettes for the proposed 

project being implemented by the 

NBWA. 

DATES: Effective Date: October 7, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Chominski, Deputy Associate 

Director, (215) 814–2162, or David 

McAdams, Environmental Engineer, 

(215) 814–5764, Office of Infrastructure 

& Assistance (OIA), Water Protection 

Division, U.S. EPA Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2029. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Sections 1605(c) 

and 1605(b)(2), EPA hereby provides 

notice that it is granting a project waiver 

of the requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements to the Newport Borough 

Water Authority (NBWA) for the 

acquisition of a ‘‘GE ZeeWeed® 500 D 

membrane cassettes.’’ NBWA has been 

unable to find membrane filtration 

equipment that contains Americanmade membrane cassettes to meet its 

specific water requirements. 

Section 1605 of the ARRA requires 

that none of the appropriated funds may 

be used for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 

used in the project are produced in the 

United States unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided if EPA 

determines that (1) applying these 

requirements would be inconsistent 

with public interest; (2) iron, steel, and 

the relevant manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality; 

or (3) inclusion of iron, steel, and the 

relevant manufactured goods produced 

in the United States will increase the 

cost of the overall project by more than 

25 percent. 

EPA has determined that NBWA’s 

waiver request may be treated as timely 

even though the request was made after 

the construction contract was signed. 

Consistent with the direction of the 

OMB Guidance at 2 CFR 176.120, EPA 

has evaluated the NBWA’s request to 

determine if the request, though made 

after the contract date, can be treated as 

if it were timely made. EPA will 

generally regard waiver requests with 

respect to components that were 

specified in the bid solicitation or in a 

general/primary construction contract as 

‘‘late’’ if submitted after the contract 

date. However, in this case EPA has 

determined that the NBWA’s request 

may be treated as timely because the 

need for a waiver was not foreseeable at 

the time the contract was signed. The 

project was bid and the general 

contractor for the NBWA project 

submitted documentation that the 

equipment utilized in preparing their 

bid met the ARRA Buy American 

provisions. Contracts were awarded in 

December 2009. GE initially believed 

that its ZeeWeed® 500 D membrane 

cassettes, though manufactured outside 

of the United States, would fulfill the 

Buy American provisions through the 

Substantial Transformation test. In May 

2010, GE sent a letter to the General 

Contractor stating that the membrane 

cassettes would not be substantially 

transformed in the United States. 

NBWA responded back to GE inquiring 

if the cassettes were the only piece of 

equipment in the ZeeWeed® 500 D ultra 

filtration membrane system that would 

require a Buy American waiver if the 

product was used. GE responded back 

on July 14, 2010 that only the cassettes 

required the Buy American waiver. The 

need for a waiver was not determined 

until after the contractor had completed 

their review of information provided by 

GE and had confirmed that there were 

no domestically made membrane 

cassettes available to meet project 

specifications. Accordingly, EPA will 

evaluate the request as a timely request. 

NBWA’s waiver request is to allow for 

the purchase of the GE ZeeWeed® 500 

D ultra filtration membrane system with 

thirty-two membrane filtration cassettes, 

manufactured by GE Water & Process 

Technologies of Hungary, for use in a 

new WTP in Pennsylvania. The 

membrane filtration cassettes are an 

integral component of the ultra filtration 

membrane process because it achieves 

the 4 log removal of Cryptosporidium 

and Giardia from drinking water. After 

an engineering analysis of alternate 

treatment processes, the NBWA 

determined that the ultra filtration 

membrane system to be the most 

environmentally sound and cost 

effective solution. The ultra filtration 

membrane system is an advanced water 

treatment process which is designed to 

achieve 4 log removal of 

Cryptosporidium and Giardia. In 

addition, in anticipation of procuring 

the ultra filtration membrane system, 

the NBWA has already incorporated 

specific technical design requirements 

for installation of membrane filter 

cassettes with the ultra filtration 

membrane process at their WTP, 

including specific tankage footprint, 

geometry and configuration. To require 

NBWA to redesign its project would 

cause an unacceptable delay to the 

completion of the project. 

The NBWA has provided information 

to the EPA demonstrating that there are 

no membrane filtration cassettes 

manufactured in the United States in 

sufficient and reasonable quantity and 

of a satisfactory quality to meet the 

required technical specification. Three 

companies were considered for the 

membrane filtration cassettes that either 

manufactured their membranes outside 

the United States or did not meet the 

specifications of the project. The NBWA 

has performed market research but was 

unsuccessful in its effort to locate any 

domestic manufacturers of membrane 

filtration cassettes for its WTP. 

The April 28, 2009 EPA HQ 

Memorandum, Implementation of Buy 

American provisions of Public Law 

111–5, the ‘‘American Recovery and 

Reinvestment Act of 2009,’’ defines 

reasonably available quantity as ‘‘the 

quantity of iron, steel, or relevant 

manufactured good that is available or 

will be available at the time needed and 

place needed, and in the proper form or 

specification as specified in the project 

plans and design.’’ The NBWA has 

incorporated specific technical design 

requirements for installation of 

membrane filtration cassettes at its 

WTP. 

The purpose of the ARRA is to 

stimulate economic recovery in part by 

funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready’’ by requiring utilities, 

such as the NBWA, to revise their 

standards and specifications, institute a 

new bidding process, and potentially 

choose a more costly, less efficient 

project. The imposition of ARRA Buy 

American requirements on such projects 

otherwise eligible for State Revolving 

Fund assistance would result in 

unreasonable delay and thus displace 

the ‘‘shovel ready’’ status for this project. 

To further delay construction is in 

direct conflict with a fundamental 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 66375 

economic purpose of the ARRA, which 

is to create or retain jobs. 

Based on additional research 

conducted by EPA’s Office of 

Infrastructure and Assistance (OIA) in 

Region 3, and to the best of the Region’s 

knowledge at the time of review, there 

do not appear to be other membrane 

filtration cassettes manufactured 

domestically that would meet the 

NBWA’s technical specification. EPA’s 

national contractor prepared a technical 

assessment report dated August 18, 

2010 based on the waiver request 

submitted. This report included a 

detailed review intended to enable EPA 

to determine if any company could be 

considered to substantially transform 

these cassettes in the United States. 

However, sufficient information was not 

available or made available to establish 

either performance characteristics for 

any potential alternative product, or the 

substantial transformation of any such 

product in the United States. 

Accordingly, the report determined that 

the waiver request submittal was 

complete, that adequate technical 

information was provided, and that 

there were no significant weaknesses in 

the justification provided. The report 

confirmed the waiver applicant’s claim 

that there are no American-made 

membrane filtration cassettes available 

from a domestic manufacturer in the 

proper form or specification as specified 

in the project plans and design, and the 

quality specified in the project plans 

and designs. 

The OIA has reviewed this waiver 

request and to the best of our knowledge 

at the time of review has determined 

that the supporting documentation 

provided by the NBWA is sufficient to 

meet the criteria listed under Section 

1605(b) and in the April 28, 2009, 

‘‘Implementation of Buy American 

provisions of Public Law 111–5, the 

‘American Recovery and Reinvestment 

Act of 2009’ Memorandum:’’ Iron, steel, 

and the manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality. 

The basis for this project waiver is the 

authorization provided in Section 

1605(b)(2). Due to the lack of production 

of this product in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality 

in order to meet the NBWA’s technical 

specifications, a waiver from the Buy 

American requirement is justified. 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

authority to issue exceptions to Section 

1605 of ARRA within the geographic 

boundaries of their respective regions 

and with respect to requests by 

individual grant recipients. Having 

established both a proper basis to 

specify the particular good required for 

this project, and that this manufactured 

good was not available from a producer 

in the United States, the Newport 

Borough Water Authority is hereby 

granted a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

thirty-two membrane filtration cassettes 

using ARRA funds as specified in the 

Newport Borough Water Authority’s 

request of August 4, 2010. This 

supplementary information constitutes 

the detailed written justification 

required by Section 1605(c) for waivers 

‘‘based on a finding under subsection 

(b).’’ 

Authority: Pub. L. 111–5, section 1605. 

Dated: October 7, 2010. 

W.C. Early, 

Acting Regional Administrator, U.S. 

Environmental Protection Agency, Region III. 

[FR Doc. 2010–27279 Filed 10–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9218–4] 

Notice of a Regional Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the City of Kimberly (the City), ID 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 10 is hereby granting a 

waiver of the Buy American 

requirements of ARRA Section 1605(a) 

under the authority of Section 

1605(b)(2) [manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the City for the purchase of three ABB 

ultra low harmonics (ULH) ACS800 

Series, variable frequency drives (VFDs): 

75–HP VFD, 100–HP VFD, and 150–HP 

VFD manufactured in Helsinki, Finland 

by ABB. This is a project specific waiver 

and only applies to the use of the 

specified products for the ARRA project 

being proposed. Any other ARRA 

recipient that wishes to use the same 

product must apply for a separate 

waiver based on project specific 

circumstances. The waiver applicant 

states that the project requires the ULH 

VFDs be installed because they do not 

require a separate harmonics filter and 

thus can be installed in smaller places. 

In addition, the waiver applicant 

provided a supplemental requirement 

from the local utility, Idaho Power. 

Idaho Power requires that harmonic 

distortion be minimized in accordance 

with the power quality standard, IEEE 

STD 519–1992. According to the waiver 

applicant’s consulting engineer, the 

relevant requirement in IEEE STD 519– 

1992 is that the VFD generate 4% or less 

AC line harmonic distortion without 

additional filtration. There are no 

known domestic manufacturers of 

comparable VFDs that satisfactorily 

meet all aspects of the project 

specifications. 

The Regional Administrator is making 

this determination based on the review 

and recommendations of the Drinking 

Water Unit. The City has provided 

sufficient documentation to support 

their request. 

DATES: Effective Date: October 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Johnny Clark, DWSRF ARRA Program 

Management Analyst, Drinking Water 

Unit, Office of Water & Watersheds 

(OWW), (206) 553–0082, U.S. EPA 

Region 10 (OWW–136), 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

SUPPLEMENTARY INFORMATION: 

In accordance with ARRA Section 

1605(c), the EPA hereby provides notice 

that it is granting a project waiver of the 

requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements, to the City for the 

acquisition of three ABB ultra low 

harmonics (ULH) ACS800 Series 

variable frequency drives (VFDs): 75–HP 

VFD, 100–HP VFD, and 150–HP VFD 

manufactured in Helsinki, Finland by 

ABB. The applicant indicates that ABB 

ULH VFDs are the ideal components, 

based upon project specifications and 

there are no known U.S. manufacturers 

that manufacture comparable products. 

The ARRA funded project involves 

water system improvements in well 

house #7, and two water storage tanks. 

One 150–HP VFD is to be incorporated 

into the new Well House #7; one 100– 

HP VFD is to be incorporated into the 

existing Redwood Booster Station on an 

existing booster pump; and one 75–HP 

VFD is to be incorporated into the 

existing City Hall Booster Station on a 

new booster pump. The applicant 

indicates ULH VFDs do not require a 

separate harmonics filter and thus can 

be installed in smaller spaces. At the 

Redwood Booster Station, which the 

applicant explains has limited space 

and is located in a residential 

neighborhood, the ULH VFD could be 

installed inside of the building rather 

than installing a separate harmonics 


emcdonald on DSK2BSOYB1PROD with NOTICES