26852 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

document is added to a subscribed 

dockets(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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–13006 Filed 6–3–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER09–1182–000] 

NaturEner Montana Wind Energy 2, 

LLC; Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

May 28, 2009. 

This is a supplemental notice in the 

above-referenced proceeding of 

NaturEner Montana Wind Energy 2, 

LLC’s application for market-based rate 

authority, with an accompanying rate 

tariff, noting that such application 

includes a request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is June 18, 

2009. 

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-referenced 

proceeding 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 

dockets(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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–13004 Filed 6–3–09; 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 

May 28, 2009. 

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. 

Exempt: 

Docket No. File date Presenter or requester 

1. CP09–69–009 ..................................................................................................................................... 5–20–09 Hon. John Hoeven. 

2. P–606–000 ......................................................................................................................................... 5–19–09 Hon. Dianne Feinstein. 

3. P–2113–022 ....................................................................................................................................... 5–20–09 Hon. Russell D. Feingold. 

4. P–2210–169 ....................................................................................................................................... 5–26–09 Robert S. Enzinna. 

5. P–2210–169 ....................................................................................................................................... 5–26–09 Quita A. Schweizer. 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26853 

1This part was originally titled Part B; however, 

it was redesignated Part A after Part B was repealed 

by Public Law 109–58. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–13002 Filed 6–3–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–009] 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver and Notice of 

Granting the Application for Interim 

Waiver of Electrolux From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver, 

Notice of Granting Application for 

Interim Waiver, and request for public 

comments. 

SUMMARY: This notice announces receipt 

of and publishes the Electrolux Home 

Products, Inc. (Electrolux) Petition for 

Waiver (hereafter, ‘‘Petition’’) from parts 

of the Department of Energy (DOE) test 

procedure for determining the energy 

consumption of electric refrigerators 

and refrigerator-freezers. The waiver 

request pertains to Electrolux’s specified 

French door bottom-mount residential 

refrigerators and refrigerator-freezers, a 

product line that utilizes a control logic 

that changes the wattage of the antisweat heaters based upon the ambient 

relative humidity conditions in order to 

prevent condensation. The existing test 

procedure does not take humidity or 

adaptive control technology into 

account. Therefore, Electrolux has 

suggested an alternate test procedure 

that takes adaptive control technology 

into account when measuring energy 

consumption. DOE is soliciting 

comments, data, and information 

concerning Electrolux’s Petition and the 

suggested alternate test procedure. DOE 

is also publishing notice of its March 3, 

2009 grant of an interim waiver to 

Electrolux. Subsequently, DOE received 

a request from Electrolux to expand the 

scope of its interim waiver to four 

additional products. DOE has decided to 

grant this request. 

DATES: DOE will accept comments, data, 

and information with respect to 

Electrolux’s Petition until, but no later 

than July 6, 2009. 

ADDRESSES: You may submit comments, 

identified by case number [RF–009], by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include either the case number [RF– 

009], and/or ‘‘Electrolux Petition’’ in the 

subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Petition for Waiver Case No. RF–008, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Instructions: All submissions received 

must include the agency name and case 

number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Exchange (ASCII)) file format. Avoid the 

use of special characters or any form of 

encryption. Wherever possible, include 

the electronic signature of the author. 

Absent an electronic signature, 

comments submitted electronically 

must be followed and authenticated by 

submitting the signed original paper 

document. DOE does not accept 

telefacsimiles (faxes). 

Pursuant to section 430.27(b)(1)(iv) of 

10 CFR Part 430, any person submitting 

written comments must also send a 

copy of the comments to the petitioner. 

The contact information for the 

petitioner is: Ms. Sheila A. Millar, 

Keller and Heckman, LLP, 1001 G 

Street, NW., Washington, DC 20001. 

Telephone: (202) 434–4100. E-mail: 

millar@khlaw.com. 

Under 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit two copies: one copy of the 

document including all the information 

believed to be confidential, and one 

copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Docket: For access to the docket to 

review the documents relevant to this 

matter, you may visit the U.S. 

Department of Energy, 950 L’Enfant 

Plaza SW, (Resource Room of the 

Building Technologies Program), 

Washington, DC 20024, (202) 586–9127, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards at (202) 

586–2945 for additional information 

regarding visiting the Resource Room. 

Please note that the DOE’s Freedom of 

Information Reading Room (formerly 

Room 1E–190 in the Forrestal Building) 

is no longer housing rulemaking 

materials. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

9611. E-mail: 

Michael.Raymond@ee.doe.gov. 

Ms. Francine Pinto or Mr. Michael 

Kido, U.S. Department of Energy, Office 

of the General Counsel, Mailstop GC–72, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–9507. E-mail: 

Francine.Pinto@hq.doe.gov or 

Micael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

II. Petition for Waiver 

III. Application for Interim Waiver 

IV. Alternate Test Procedure 

V. Summary and Request for Comments 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (‘‘EPCA’’) sets forth a 

variety of provisions concerning energy 

efficiency. Part A1 of Title III provides 

for the ‘‘Energy Conservation Program 

for Consumer Products Other Than 

Automobiles.’’ (42 U.S.C. 6291–6309) 

Part A includes definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part A authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results which measure energy 

efficiency, energy use, or estimated 

operating costs, and that are not unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) The test procedure for 

residential refrigerators and refrigeratorfreezers is contained in 10 CFR Part 430, 

Subpart B, Appendix A1. 

The regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

consumer products. A waiver will be 

granted by the Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) if it is