30068 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

1 Mandatory Reliability Standards for Critical 

Infrastructure Protection, Order No. 706, 122 FERC 

¶ 61,040 (2008) (Order No. 706); order on reh’g, 

Order No. 706–A, 123 FERC ¶ 61,174 (2008) (Order 

No. 706–A); order on clarification, Order No. 706– 

B, 126 FERC ¶ 61,229 (2009) (Order No. 706–B). 

2 16 U.S.C. 824o(d)(5)(2006). 

3U.S. Nuclear Regulatory Commission, Power 

Reactor Security Requirements; Final Rule, 74 FR 

13926 (Mar. 27, 2009). 

4 Id. P 50. Safeguards information is a special 

category of sensitive unclassified information to be 

protected pursuant to Section 147 of the Atomic 

Energy Act, 42 U.S.C. 2167 (2006). Safeguards 

information concerns the physical protection of 

operating power reactors, spent fuel shipments, 

strategic special nuclear material, or other 

radioactive material. See 10 CFR 73.21 (2009) 

(setting forth requirements for the protection of 

safeguards information, including access to such 

information). 

5 Id. P 55. 

6The memorandum of agreement is available on 

the Commission’s Web site, at http://www.ferc.gov/ 

legal/maj-ord-reg/mou.asp. 

(EEI’s) request for clarification of Order 

No. 706–B.1 Specifically, the 

Commission denies EEI’s request that 

the Commission clarify its views with 

regard to the need and the time frame 

for the Commission’s developing a 

memorandum of understanding or other 

means of coordinating cyber-security 

related activities with the U.S. Nuclear 

Regulatory Commission (NRC). 

Likewise, the Commission denies EEI’s 

request that the Commission clarify that 

the North American Electric Reliability 

Corporation (NERC) must seek 

stakeholder input in developing and 

implementing an ‘‘exception process’’ as 

discussed in Order No. 706–B. 

I. Background 

2. In Order No. 706, the Commission 

approved the Critical Infrastructure 

Protection (CIP) Reliability Standards 

that require certain users, owners and 

operators of the Bulk-Power System, 

including generator owners and 

operators, to comply with specific 

requirements to safeguard critical cyber 

assets. In addition, pursuant to section 

215(d)(5) of the Federal Power Act 

(FPA),2 the Commission directed the 

ERO to develop modifications to the CIP 

Reliability Standards to address specific 

concerns identified by the Commission. 

3. In Order No. 706–B, the 

Commission clarified the scope of the 

CIP Reliability Standards approved in 

Order No. 706 to assure that no ‘‘gap’’ 

occurs in the applicability of these 

Standards. In particular, each of the CIP 

Reliability Standards provides that 

facilities regulated by the NRC are 

exempt from the Standard. The 

Commission explained that NRC staff 

had raised a concern at a joint public 

meeting of the NRC and the Commission 

that NRC regulations do not extend to 

all equipment within a nuclear power 

plant. Thus, to assure that there is no 

‘‘gap’’ in the regulatory process, the 

Commission clarified that the ‘‘balance 

of plant’’ equipment within a nuclear 

power plant in the United States that is 

not subject to NRC cyber security 

regulations,3 is subject to compliance 

with the CIP Reliability Standards 

approved in Order No. 706. The 

Commission explained that: 

a nuclear power plant licensee may seek an 

exception from the ERO to the extent that the 

licensee believes that specific equipment 

within the balance of plant is subject to NRC 

cyber security regulations. If the ERO grants 

the exception, that equipment within the 

balance of plant would not be subject to 

compliance with the CIP Reliability 

Standards. We would expect that the ERO 

would make such determinations with the 

consultation of NRC and oversight of 

Commission staff. Thus, to further the 

development of this ERO process, the ERO 

should consider the appropriateness of 

developing a memorandum of understanding 

with the NRC, or revising existing 

agreements, to address such matters as NRC 

staff consultation in the exception 

application process and sharing of 

Safeguard[s] Information.4

4. In response to comments suggesting 

that the NRC and the Commission 

develop a memorandum of 

understanding, the Commission agreed 

that it is advisable for the two 

commissions to coordinate their 

respective cyber security-related 

activities with regard to nuclear power 

plants.5 However, the Commission 

declined to resolve for purposes of the 

proceeding the need for a new 

memorandum of understanding between 

the two commissions. 

II. EEI Request for Clarification 

5. EEI requests that the Commission 

clarify its views with respect to the need 

and the time frame for the Commission’s 

developing a memorandum of 

understanding or other means of 

coordinating cyber security-related 

activities with the NRC. EEI suggests 

that, given the volume of work on cyber 

security matters and recent regulatory 

changes such as the NRC’s issuance of 

its cyber security regulations, it is vital 

that the Commission and the NRC 

commit to develop a memorandum of 

understanding on an expeditious 

schedule. EEI expresses concern that the 

Commission’s deferral of a decision on 

the need for a memorandum of 

understanding may lead to confusion 

and regulatory uncertainty. 

6. EEI also requests that the 

Commission clarify that NERC should 

seek stakeholder input in developing 

and implementing both the ‘‘exception 

process’’ and any process for sharing 

Safeguards Information. EEI posits that 

stakeholder input and industry 

technical expertise will be critical to 

implementing both processes. 

III. Discussion 

7. The Commission denies EEI’s 

request for clarification. The 

Commission and the NRC entered into 

a memorandum of agreement in 

September 2004.6 The Commission 

views the decision of whether to 

develop a new or revised memorandum 

of agreement with the NRC, and the 

timing of that decision, as an intragovernmental matter between the two 

commissions. Accordingly, the 

Commission will not make 

commitments to EEI or others in this 

proceeding regarding the scope or 

timing of any coordinated activities 

between the Commission and the NRC. 

8. As for EEI’s request that the 

Commission clarify that NERC should 

seek stakeholder input in developing 

and implementing an exception process 

and process for sharing Safeguard 

Information, we note that NERC sought 

stakeholder input in a ‘‘Town Hall 

Meeting’’ on ‘‘Auditing of U.S. Nuclear 

Plants for CIP Standards Compliance’’ 

held on June 11, 2009. We expect that 

NERC will allow for further stakeholder 

input regarding these processes. Thus, 

we see no need to address EEI’s request. 

The Commission orders: 

Edison Electric Institute’s request for 

clarification is hereby denied, as 

discussed in the body of this order. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–14795 Filed 6–23–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER09–1286–000] 

Elizabethtown Energy, LLC; 

Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

June 17, 2009. 

This is a supplemental notice in the 

above-referenced proceeding of 

Elizabethtown Energy, LLC’s 

application for market-based rate 

authority, with an accompanying rate 

tariff, noting that such application 

includes a request for blanket 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30069 

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 July 16, 

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 email 

FERCOnlineSupport@ferc.gov. or call 

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

(202) 502–8659. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–14789 Filed 6–23–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER09–1283–000] 

The Energy Cooperative of 

Pennsylvania, Inc.; Supplemental 

Notice That Initial Market-Based Rate 

Filing Includes Request for Blanket 

Section 204 Authorization 

June 17, 2009. 

This is a supplemental notice in the 

above-referenced proceeding of The 

Energy Cooperative of Pennsylvania, 

Inc.’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 July 16, 

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 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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–14786 Filed 6–23–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER09–1285–000] 

Streator-Cayuga Ridge Wind Power 

LLC; Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

June 17, 2009. 

This is a supplemental notice in the 

above-referenced proceeding of StreatorCayuga Ridge Wind Power 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 July 16, 

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