E9-2688. Notice of Filing

February 3, 2009.

Sun Edison LLC. Take notice that on February 2, 2009, Sun Edison LLC, pursuant to 18 CFR 385.207(a), filed a Petition for Declaratory Order seeking confirmation from the Commission that certain of its subsidiaries' electricity sales to end use customers do not constitute the sale or transmission of electric energy at wholesale in interstate commerce for purposes of the Federal Power Act and regulations promulgated thereunder, nor jurisdictional rates for purposes of the Public Utility Holding Company Act of 2005 and regulations promulgated thereunder.

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

This filing is accessible on-line at http://www.ferc.gov,, using the “eLibrary” link and is 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 e-mail [e-mail], or call [phone] (toll free). For TTY, call [phone].

Comment Date: 5 p.m. Eastern Time on March 4, 2009.

Kimberly D. Bose,

Secretary.