23810 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

1Smart Grid Policy, 126 FERC ¶ 61,253 (2009). As 

the Proposed Policy Statement described, Smart 

Grid advancements will apply digital technologies 

to the electric transmission system and enable realtime coordination of information from various 

resources to bring new efficiencies to the grid. 

Id. P 1. 

2Public Law No. 110–140, 121 Stat. 1492 (2007). 

3EISA sec. 1301, to be codified at 15 U.S.C. 

17381. 4To be codified at 42 U.S.C. 17384, as amended 

by the American Recovery and Reinvestment Act of 

2009, Public Law No. 111–5, Title IV, Subpart A 

(ARRA). 5To be codified at 42 U.S.C. 17386, as amended 

by the ARRA. 6See Proposed Policy Statement, 126 FERC 

¶ 61,253 at P 7–8. 7 16 U.S.C. 824d. 

8Proposed Policy Statement, 126 FERC ¶ 61,253 

at P 46. The Commission also discussed other rate 

treatments. Id. P 51–52. 

9 Id. P 52 (footnote omitted). 

10For the section 1304 program, the Department’s 

National Energy Technology Laboratory issued a 

Draft Funding Opportunity Announcement 

numbered DE–FOA–0000036 on April 16, 2009 

(Draft Funding Opportunity Announcement). For 

the section 1306 program, the Department’s Office 

of Energy Delivery and Electric Reliability issued a 

Notice of Intent to Issue a Funding Opportunity 

Announcement numbered DE–FOA–0000058A on 

April 16, 2009 (Notice of Intent). 

11The Notice of Intent states that the evaluation 

of proposals will include ‘‘* * * the likelihood that 

the proposed work can be accomplished * * * with 

additional merit given to applications that * * * 

[o]ffer the greatest extent of institutional and 

organizational commitment with consideration 

given to: * * * [r]equired approvals from regulatory 

organizations.’’ Notice of Intent at 12–13. 

12 Draft Funding Opportunity Announcement at 

32–33. 

Development as meeting that 

requirement. 

* * * * * 

[FR Doc. E9–11890 Filed 5–20–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Chapter I 

[Docket No. PL09–4–000] 

Smart Grid Policy; Notice Requesting 

Supplemental Comments 

Issued May 19, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Request for supplemental 

comments. 

SUMMARY: On March 19, 2009, the 

Federal Energy Regulatory Commission 

(Commission) issued a Proposed Policy 

Statement and Action Plan (Proposed 

Policy Statement) that, among other 

things, proposed an interim rate policy 

to encourage the development of smart 

grid systems. In this notice, the 

Commission seeks supplemental 

comments regarding rate recovery for 

certain smart grid investments. 

DATES: Comments are due May 28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Ray Palmer (Technical Information), 

Office of Energy Policy and 

Innovation, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

6569. 

Elizabeth Arnold (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–8818. 

SUPPLEMENTARY INFORMATION: 

1. On March 19, 2009, the Federal 

Energy Regulatory Commission 

(Commission) issued a Proposed Policy 

Statement and Action Plan (Proposed 

Policy Statement) that, among other 

things, proposed an interim rate policy 

to encourage the development of Smart 

Grid systems.1 Subsequent to the 

Commission’s issuance of the Proposed 

Policy Statement, the U.S. Department 

of Energy (Department) announced two 

Smart Grid funding opportunities to be 

offered by the Department that may 

supply up to 50 percent of the funding 

for certain Smart Grid projects. In 

addition, the Department plans to 

require applicants to identify the source 

of non-Department funds, along with 

some evidence as to the certainty of 

these funds. Given that applicants for 

these programs might include 

jurisdictional public utilities that seek 

rate recovery through FERCjurisdictional rates for the nonDepartment portion of funds for 

transmission-related projects, the 

Commission seeks supplemental 

comments on this matter. 

I. Background 

2. In the Energy Independence and 

Security Act of 2007 (EISA),2 Congress 

enacted a number of provisions related 

to Smart Grid. Section 1301 of the EISA 

states that it is the policy of the United 

States to support the modernization of 

the Nation’s electricity transmission and 

distribution system to maintain a 

reliable and secure electricity 

infrastructure that can meet future 

demand growth and to achieve each of 

several goals and characteristics, which 

together characterize a Smart Grid.3

EISA authorizes the Department to carry 

out two separate funding programs for 

Smart Grid projects: (1) Providing up to 

50 percent of the cost of certain 

demonstration projects, as described in 

section 1304; 4 and (2) providing federal 

matching funds for Smart Grid 

investment costs, as described in section 

1306.5 EISA also directed the 

development of a framework of 

protocols and standards to achieve 

interoperability of Smart Grid devices 

and systems, which was described in 

detail in the Proposed Policy Statement, 

and in which the Commission plays a 

role.6

3. In the Proposed Policy Statement, 

the Commission proposed an interim 

rate policy for Smart Grid investments, 

intended to encourage investment in 

technologies that advance efficiency, 

security, reliability and interoperability. 

Specifically, the Commission proposed 

to accept single-issue rate filings 

submitted by public utilities under 

section 205 of the Federal Power Act 7

to recover the costs of Smart Grid 

projects involving jurisdictional 

facilities, provided that certain 

showings are made.8 The Commission 

specifically noted that, ‘‘[w]e would also 

consider applying these rate treatments 

to the portion of a smart grid pilot or 

demonstration project’s cost that is not 

already paid for by Department of 

Energy funds, such as those authorized 

by EISA sections 1304 and 1306.’’ 9

4. Subsequent to the Commission’s 

issuance of the Proposed Policy 

Statement, the Department released two 

documents relative to forthcoming 

solicitations for applications for Smart 

Grid funding; one of these solicitations 

was authorized by EISA section 1304, 

and one authorized by EISA section 

1306.10

5. In the Notice of Intent, electric 

utilities are specifically identified as a 

category of eligible bidders. While the 

Notice of Intent does not specifically 

require that an applying electric utility 

get approval from a regulatory 

commission for non-Federal funds, the 

document could be read as indicating a 

preference for such approval.11

6. The Draft Funding Opportunity 

Announcement does not explicitly 

address regulatory approvals, but does 

instruct applicants to submit a funding 

plan that identifies all sources of project 

funds, and directs applicants to include 

a commitment letter from third parties 

providing a specific minimum dollar 

amount of cost sharing.12 For public 

utilities that plan to match the Federal 

funds with charges to ratepayers, it is 

possible that public utilities may seek to 

obtain an order addressing rate recovery 

from this Commission for charges 

subject to this Commission’s 

jurisdiction. 

II. Request for Comments 

7. Given the requirements for 

potential applications by public utilities 


dwashington3 on PROD1PC60 with PROPOSALS-1
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 23811 

to the two Department programs 

referenced above, the Commission seeks 

comments on how it should address 

requests for rate recovery that may be 

necessary for public utilities to qualify 

for awards under these programs. We 

also seek comment on whether some 

form of conditional approval could be 

useful to public utility applicants with 

respect to jurisdictional Smart Grid 

facilities. The Commission invites 

comments on whether the Commission, 

consistent with its obligations to ensure 

just and reasonable rates under the 

Federal Power Act (FPA), should adopt 

processes for public utilities that may 

apply for funding for jurisdictional 

Smart Grid facilities through the 

Department’s Smart Grid funding 

opportunities. 

III. Document Availability 

8. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

9. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. 

10. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours from FERC 

Online Support at 202–502–6652 (toll 

free at 1–866–208–3676) or e-mail at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. E-mail the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–12029 Filed 5–20–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF LABOR 

Office of Labor-Management 

Standards 

29 CFR Parts 403 and 408 

RIN 1215–AB62 

Labor Organization Annual Reports 

AGENCY: Office of Labor-Management 

Standards, Employment Standards 

Administration, Department of Labor. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: This document extends the 

period for comments on the proposed 

rule published on April 21, 2009 (74 FR 

18172). The proposed rule would 

rescind the regulations published on 

January 21, 2009 (74 FR 3677), which 

made several revisions to the current 

Form LM–2, which is used by the 

largest labor organizations to file their 

annual financial reports under the 

Labor-Management Reporting and 

Disclosure Act of 1959, as amended, and 

established a procedure by which the 

Secretary of Labor may revoke, under 

certain circumstances, a particular labor 

organization’s authorization to file a 

simplified annual report, Form LM–3. 

The comment period, which was to 

expire on May 21, 2009, is extended to 

June 22, 2009. 

DATES: Comments on the proposed rule 

published on April 21, 2009 (74 FR 

18172) must be received on or before 

June 22, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 1215–AB62, only by 

the following methods: 

Internet—Federal eRulemaking Portal. 

Electronic comments may be submitted 

through http://www.regulations.gov. To 

locate the proposed rule, use key words 

such as ‘‘Labor-Management Standards’’ 

or ‘‘Labor Organization Annual 

Financial Reports’’ to search documents 

accepting comments. Follow the 

instructions for submitting comments. 

Please be advised that comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Delivery: Comments should be sent to: 

Denise M. Boucher, Director of the 

Office of Policy, Reports and Disclosure, 

Office of Labor-Management Standards, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5609, Washington, DC 20210. Because 

of security precautions the Department 

continues to experience delays in U.S. 

mail delivery. You should take this into 

consideration when preparing to meet 

the deadline for submitting comments. 

The Office of Labor-Management 

Standards (OLMS) recommends that 

you confirm receipt of your delivered 

comments by contacting (202) 693–0123 

(this is not a toll-free number). 

Individuals with hearing impairments 

may call (800) 877–8339 (TTY/TDD). 

Only those comments submitted 

through http://www.regulations.gov, 

hand-delivered, or mailed will be 

accepted. Comments will be available 

for public inspection at http:// 

www.regulations.gov and during normal 

business hours at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Denise M. Boucher, Director, Office of 

Policy, Reports and Disclosure, Office of 

Labor-Management Standards, 

Employment Standards Administration, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5609, Washington, DC 20210, (202) 693– 

1185 (this is not a toll-free number), 

(800) 877–8339 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of April 21, 2009 (74 

FR 18172), the Department published a 

notice of proposed rulemaking that 

would rescind the regulations published 

on January 21, 2009 (74 FR 3678). 

Interested persons were invited to 

submit comments on or before May 21, 

2009, 30 days after the publication of 

the notice. 

Public commenters have requested an 

extension of time to submit comments. 

The Department has decided to extend 

the comment period until June 22, 2009. 

An extension of this duration is 

appropriate because it will afford parties 

additional time to submit comments on 

the proposal without unduly delaying 

final action on the proposal. In the 

rulemaking that led to promulgation of 

the January 21 regulations, the 

Department provided an initial 45 day 

comment period (73 FR 27346) that was 

later extended 15 additional days after 

requests for an extension (73 FR 34913). 

The extension of the comment period 

for the April 21 notice of proposed 

rulemaking to June 22 adds 32 days to 

the initial 30 day comment period. 

The proposed rule to rescind the 

regulations published on January 21, 

2009 is available on the Web site 

maintained by OLMS at http:// 

www.olms.dol.gov. Anyone who is 

unable to access this information on the 

Internet can obtain the information by 

contacting the Employment Standards 

Administration at 200 Constitution 

Avenue, NW., Room N–5609, 

Washington, DC 20210, at olmspublic@dol.gov or at (202) 693–0123 

(this is not a toll-free number). 

Individuals with hearing impairments 

may call 1–800–877–8339 (TTY/TDD). 


dwashington3 on PROD1PC60 with PROPOSALS-1