[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Page 40820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17159]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL10-63-000]


EnerNOC, Inc. v. FirstEnergy Corp.; Notice Requiring Protective 
Order and Establishing Answer Date

July 8, 2010.
    On April 30, 2010, EnerNOC, Inc. (EnerNOC) filed a Complaint in 
this proceeding naming FirstEnergy Corp. (FirstEnergy) as the 
respondent (April 30 Complaint). On May 11, 2010, EnerNOC, Inc. and 
FirstEnergy (collectively, the Parties) filed an expedited joint motion 
to suspend the answer date (Joint Motion), noting that the Parties were 
working on a solution that would permit use, in this proceeding, of 
certain materials subject to protection in an on-going proceeding 
before the Public Utilities Commission of Ohio.
    On May 14, 2010, the Commission issued a notice suspending the 
answer date in this docket, as requested by the Parties (May 14 
Notice). In addition, the Commission informed the Parties that the 
submission, treatment and/or exchange of privileged information in this 
proceeding would be subject to the requirements of 18 CFR 385.206(e) 
and would therefore require the submission of a proposed protective 
agreement.
    On July 1, 2010, EnerNOC submitted a supplemental complaint filing 
(July 1 Supplemental Complaint Filing), under seal, along with a 
redacted version. EnerNOC requests that its submission, under seal, be 
accorded confidential treatment, pursuant to 18 CFR 388.112 (2010). 
EnerNOC further states that a portion of its confidential submittal 
(Attachment 2) is a data response subject to an existing protective 
agreement.
    EnerNOC's July 1 Supplemental Complaint Filing does not include a 
proposed form of protective agreement applicable to this proceeding. As 
indicated by the May 14 Notice, this is required by 385.2069 (e) of the 
Commission's regulations. Nor does EnerNOC address the means by which 
the parties to this proceeding will be entitled to review material 
submitted under seal, or the extent to which the existing protective 
agreement addresses this matter. Accordingly, EnerNOC is hereby 
directed to provide to FirstEnegy and to any other entity (at its 
request) that has filed a motion to intervene, herein, a proposed form 
of protective agreement that can be used to obtain an unredacted 
version of EnerNOC's July 1, 2010 submittal and any other submittal 
filed under seal. The Commission will require EnerNOC to provide that 
protected agreement by July 15, 2010. The time period for filing 
answers, protests and/or comments on EnerNoc's April 30 Complaint and 
the July 1 Supplemental Complaint Filing will be extended to August 4, 
2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17159 Filed 7-13-10; 8:45 am]
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