Notices. Notice of rate order

4,559 words·~21 min read·/register/2003/10/24/03-26897·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3810-FF-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-70-003] Algonquin Gas Transmission Company; Notice of Negotiated Rate Filing October 16, 2003. Take notice that on October 10, 2003, Algonquin Gas Transmission Company (Algonquin) tendered for filing five firm transportation service agreements and the related negotiated rate agreements, proposed to be effective on November 1, 2003, or such later date as the facilities constructed for the HubLine Mainline are placed into service.

Algonquin states that the purpose of this filing is to implement these negotiated rate agreements for firm service to be rendered to customers on Algonquin's new HubLine Mainline facilities (Docket No. CP01-5). Algonquin states that the agreements reflect its negotiated rate transactions with:

(1)Sithe Power Marketing, L.P.;

(2)Providence Gas Company d/b/a New England Gas Company—Rhode Island;

(3)TXU Energy Trading Company;

(4)Bay State Gas Company; and

(5)Boston Gas Company, d/b/a KeySpan Energy Delivery New England. Algonquin states that copies of the filing were mailed to all affected customers and interested state commissions, as well as all parties on the official service list compiled by the Secretary of the Commission in this proceeding. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing is 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”. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-filing” link. *Comment Date:* October 22, 2003. Magalie R. Salas, Secretary. [FR Doc. E3-00104 Filed 10-23-03; 8:45 AM] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-24-000] Algonquin Gas Transmission Company; Notice of Tariff Filing October 16, 2003. Take notice that on October 9, 2003, Algonquin Gas Transmission Company (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, the revised tariff sheets listed in Appendix A of the filing, effective on October 10, 2003. Algonquin states that the purpose of this filing is to implement a meter access charge applicable to deliveries at Algonquin's Manchester Street meter, M&R No. 00087 in Providence, Rhode Island, and at Algonquin's Brayton Point meter, M&R No. 00090 in Somerset, Massachusetts, thereby protecting its existing customers from the risk of non-payment by the defaulting shipper. Algonquin states that copies of its filing have been mailed to all affected customers and interested state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing is 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 “e-library”. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-filing” link. *Comment Date:* October 21, 2003. Magalie R. Salas, Secretary. [FR Doc. E3-00100 Filed 10-23-03; 8:45 a.m.] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. P-2232-407] Catawba-Wateree; Notice of Meeting October 16, 2003. a. *Date and Time of Meeting:* October 30, 2003, 10 am. b. *Place:* Federal Energy Regulatory Commission, teleconference, 888 First Street, NE., Washington, DC 20426. c. *FERC Contact:* Michael Spencer at

(202)502-6093, *michael.spencer@ferc.gov* d. *Purpose of the Meeting:* The Federal Energy Regulatory Commission, the U.S. Fish and Wildlife Service, and applicant, intend to have an informal discussion regarding federally-listed and candidate species for the Catawba-Wateree amendment application Project No. 2232-407. e. *Proposed Agenda:* A. Introduction Recognition of Participants B. Technical discussion C. Follow-up actions f. All local, state, and Federal agencies, Indian Tribes, and interested parties, are hereby invited to attend this meeting as participants. If you want to participate by teleconference, please contact *Michael Spencer* at the number listed above no later than *October 28, 2003.* Magalie R. Salas, Secretary. [FR Doc. E3-00103 Filed 10-23-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-625-000] Chandeleur Pipe Line Company; Notice of Proposed Changes in FERC Gas Tariff October 16, 2003. Take notice that on September 30, 2003, Chandeleur Pipe Line Company (Chandeleur) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, Fourteenth Revised Sheet No. 5, to become effective on November 1, 2003. Chandeleur states that the proposed changes would increase revenues from jurisdictional services by $3 million based on the 12-month period ending June 30, 2003 as adjusted. Chandeleur further states that the principal reasons for the tariff change are:

(1)Increased operations and maintenance expense,

(2)increased cost of equity; and

(3)interested transmission depreciation and net salvage rates. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed on or before the date as indicated below. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing is 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”. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* October 22, 2003. Magalie R. Salas, Secretary. [FR Doc. E3-00106 Filed 10-23-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-379-002] Dominion Cove Point LNG, LP; Notice of Compliance Filing October 16, 2003. Take notice that on October 9, 2003, Dominion Cove Point LNG, LP (Cove Point) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Second Substitute First Revised Sheet No. 279, with an effective date of July 1, 2003. Cove Point states that the purpose of this filing is to comply with the Commission's Letter Order issued September 29, 2003, in Docket No. RP03-379-001 requiring that Cove Point correct the references and incorporation of North American Energy Standards Board's Wholesale Gas Quadrant

(WGQ)standards governing partial day recalls. Cove Point states that it has made the changes requested by the Commission. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. This filing is 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-filing link. *Protest Date:* October 21, 2003. Magalie R. Salas. Secretary. [FR Doc. E3-00105 Filed 10-23-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2210-089] Appalachian Power Company; Notice of Availability of Environmental Assessment October 16, 2003. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR Part 380 (Order No. 486, 52 F.R. 47897), the Office of Energy Projects' staff has prepared an Environmental Assessment

(EA)for an application requesting Commission approval to permit J.W. Holdings, Inc. (permittee) to install and operate 3 stationary docks with a total of one hundred seventeen

(117)covered stationary slips and nineteen

(19)floating courtesy docks at the Bridge Club on Smith Mountain Lake. No dredging is planned as part of this proposal. The Smith Mountain Pumped Storage Project, FERC No. 2210, is located on the Roanoke and Blackwater Rivers in Bedford, Campbell, Pittsylvania, Franklin, and Roanoke Counties, Virginia. The EA contains the staff's analysis of the potential environmental impacts of the proposal and concludes that approval of the proposal would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is available for review at the Commission in the Public Reference Room, or it may be viewed on the Commission's Web site at * http:// www.ferc.gov * using the “e-library” link. Enter the docket number (prefaced by P-) and excluding the last three digits, in the docket number field to access the document. For assistance, call

(202)502-8371 or

(202)502-8659 (for TTY). For further information, contact Heather Campbell at 202-502-6182. Magalie R. Salas, Secretary. [FR Doc. E3-00102 Filed 10-23-03;8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. P-2169] Tapoco Hydroelectric; Notice of Site Visit October 16, 2003. a. *Date and Time of Site Visit:* November 3 and 4, 2003, 9 a.m. to 5:30 p.m. b. *Place:* All participants should meet at the office of Alcoa Power Generating Inc., Tapoco Division Office at 300 North Hall Road, Alcoa, TN 37701-2516. c. *FERC Contact:* Anyone having questions about the site visit should contact Lee Emery at

(202)502-8379 or e-mail at *lee.emery@ferc.gov* . Participants should contact Norman Pierson at

(865)977-3326 or by e-mail at *norm.pierson@alcoa.com* by October 29, 2003, to make arrangements for transportation from the Alcoa Office to the project development sites. All participants are responsible for their own transportation to the Alcoa Office. d. *Purpose of site visit:* The Applicant (Alcoa Power Generating, Inc.) and FERC staff will conduct a site visit to examine environmental and engineering features proposed for the Tapoco Project. All interested individuals, organizations, Indian Tribes, and agencies are invited to attend. e. This site visit is posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* . Magalie R. Salas, Secretary. [FR Doc. E3-00101 Filed 10-23-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Hydro Licensing Status Workshop 2003 October 16, 2003. In the matter of: AD04-1-000; 2069-003; 2306-008; 2205-006, 11475-000 and 11478-000; 176-018; 2964-006; 2474-004, 2539-003; 2283-005, 2612-005, and 2721-013; 2634-007; 1975-014, 2055-010, 2061-004, 2777-007, and 2778-005; 1927-008, 2342-005, and 2659-011; 2493-006; 11472-000 and 11566-003; 372-008 and 2017-011: Hydro Licensing Status Workshop 2003, Arizona Public Service Company, Citizens Utilities Company, Central Vermont Public Service Corporation, City of Escondido, California, City of Sturgis, Michigan, Erie Boulevard Hydropower, L.P., FPL Energy Maine, LLC, Great Lakes Hydro American, L.L.C., Idaho Power Company, PacifiCorp, Puget Sound Energy, Inc., Ridgewood Maine Hydro Partners, L.P., Southern California Edison Company A one-day, Commissioner-led workshop will be held on Thursday, December 11, 2003, beginning at 10:00 a.m., in the Commission Meeting Room at the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC. The workshop will focus on the above-listed 26 pending license applications filed at the Commission. The workshop is open to the public and all interested persons are invited to attend and participate. The goals of the workshop are to:

(1)Review and discuss the pending license applications;

(2)identify unresolved issues;

(3)determine next steps;

(4)agree on who will take the next step; and

(5)focus on solutions. The workshop will concentrate on identifying the unresolved issues associated with each project, and determining the best course of action to resolve or remove obstacles to final action on each pending license application. A transcript of the discussions will be placed in the public record for Docket No. AD04-1-000 and in the record for each of the pending license applications. Filing Requirements for Paper and Electronic Filings Comments, papers, or other documents related to this proceeding may be filed in paper format or electronically. Those filing electronically do not need to make a paper filing. For paper filings, the original and 8 copies of the comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Paper filings should, at the top of the first page, refer to Docket No. AD04-1-000 and reference the specific project name(s) and project number(s) that the comments concern. The deadline to file comments is January 10, 2004. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *www.ferc.gov* , click on “e-Filing” and then follow the instructions on the screen. First-time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's e-mail address upon receipt of comments. User assistance for electronic filing is available at 202-502-8258 or by e-mail to *efiling@ferc.gov* . Comments should not be submitted to the e-mail address. All comments will be placed in the Commission's public files and will be available for inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington DC 20426, during regular business hours. Additionally, all comments may be viewed on the Commission's Web site at *www.ferc.gov* using the “eLibrary” link. For assistance, call toll free 1-866-208-3676, or for TTY 202-502-8659, or by e-mail to *FERCONLINESUPPORT@ferc.gov* . Opportunities for Listening, Participating, and Viewing the Workshop Offsite and Obtaining a Transcript The workshop will be transcribed. Those interested in transcripts immediately for a fee should contact Ace-Federal Reporters, Inc. at 202-347-3700, or 1-800-336-6646. Transcripts will be available free to the public on the Commission's e-library system two weeks after the workshop. The Capitol Connection offers the opportunity for remote listening and viewing of the conference. It is available for a fee, live over the Internet, by phone or via satellite. Persons interested in receiving the broadcast, or who need information on making arrangements should contact David Reininger or Julia Morelli at the Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.org* and click on “FERC”. Anyone wishing to participate via teleconference should call or e-mail Susan Tseng 202-502-6065 or *susan.tseng@ferc.gov* , by December 4, 2003, to receive the toll free telephone number to join the teleconference. Anyone interested in participating in the workshop via video teleconference from one of the Commission's regional offices should call or e-mail the following staff, by December 4, 2003, to make arrangements. Seating capacity is limited. Regional office Staff contact Telephone No. E-mail address Atlanta Charles Wagner 770-452-3765 *charles.wagner@ferc.gov* Chicago John Hawk 312-596-4437 *john.hawk@ferc.gov* New York Chuck Goggins 212-273-5910 *charles.goggins@ferc.gov* Portland Pat Regan 503-552-2741 *patrick.regan@ferc.gov* San Francisco John Wiegel 415-369-3336 *john.wiegel@ferc.gov* By December 1, 2003, an agenda for the workshop and information about the pending license applications will be posted on the Commission's web site under Hydro Licensing Status Workshop 2003. Anyone without access to the Commission's Web site, or who has questions should contact Mark Pawlowski at 202-502-6052, or e-mail *mark.pawlowski@ferc.gov* or Nick Jayjack at 202-502-6073, or e-mail *nicholas.jayjack@ferc.gov* . This meeting is posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Magalie R. Salas, Secretary. [FR Doc. E3-00107 Filed 10-23-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Southwestern Power Administration Robert Douglas Willis Power Rate Schedule AGENCY: Southwestern Power Administration, DOE. ACTION: Notice of rate order. SUMMARY: Pursuant to Delegation Order No. 00-037.00 and 00-001-00A, effective December 6, 2001 and September 17, 2002, respectively, the Deputy Secretary of Energy has approved and placed into effect on an interim basis Rate Order No. SWPA-50 which increases the power rate for the Robert Douglas Willis Hydropower (Robert D. Willis) Project pursuant to the following Robert D. Willis Rate Schedule: Rate Schedule RDW-03, Wholesale Rates for Hydro Power and Energy Sold to Sam Rayburn Municipal Power Agency (Contract No. DE-PM75-85SW00117). FOR FURTHER INFORMATION CONTACT: Mr. Forrest E. Reeves, Assistant Administrator, Office of Corporate Operations, Southwestern Power Administration, Department of Energy, One West Third Street, Tulsa, OK 74103-3519,

(918)595-6696, *gene.reeves@swpa.gov* . SUPPLEMENTARY INFORMATION: The existing hydroelectric power rate for the Robert D. Willis project is $353,700 per year. The Federal Energy Regulatory Commission approved this rate on a final basis on October 22, 2001, for the period ending September 30, 2005. The FY 2003 Robert D. Willis Power Repayment Studies indicates the need for an increase in the annual rate by $99,952 or 28.1 percent beginning November 1, 2003. The Administrator of Southwestern Power Administration (Southwestern) has followed Title 10, Part 903 Subpart A, of the Code of Federal Regulations, “Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions” in connection with the proposed rate schedule. On June 24, 2003, Southwestern published notice in the **Federal Register** , 68 FR 37483, of a 60-day comment period, together with a Public Information Forum and a Public Comment Forum, to provide an opportunity for customers and other interested members of the public to review and comment on a proposed rate increase for the Robert D. Willis project. Both public forums were canceled when no one expressed an intention to participate. Written comments were accepted through August 25, 2003. The only comment received was from Gillis & Angley, Counsellors at Law, on behalf of Sam Rayburn Municipal Power Agency (SRMPA), which stated that SRMPA (the sole hydropower customer) had no objection to the proposed rate adjustment. Information regarding this rate proposal, including studies and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, Suite 1400, One West Third Street, Tulsa, Oklahoma 74103. Following review of Southwestern's proposal within the Department of Energy, I approved Rate Order No. SWPA-50, which increases the existing Robert D. Willis rate to $452,952 per year for the period November 1, 2003, through September 30, 2007. Dated: October 10, 2003. Kyle E. McSlarrow, Deputy Secretary. Department of Energy Deputy Secretary of Energy *In the matter of:* Southwestern Power Administration, Robert Douglas Willis Hydropower Project; Rate Order No. SWPA-50. Order Confirming, Approving and Placing Increased Power Rate Schedule in Effect on an Interim Basis Pursuant to Sections 302(a) and 301(b) of the Department of Energy Organization Act, Public Law 95-91, the functions of the Secretary of the Interior and the Federal Power Commission under Section 5 of the Flood Control Act of 1944, 16 U.S.C. 825s, relating to the Southwestern Power Administration (Southwestern) were transferred to and vested in the Secretary of Energy. By Delegation Order No. 00-037.00 (December 6, 2001), the Secretary of Energy delegated to the Administrator of Southeastern the authority to develop power and transmission rates, and delegated to the Deputy Secretary of the Department of Energy the authority to confirm, approve, and place in effect such rates on an interim basis and delegated to the Federal Energy Regulatory Commission

(FERC)the authority to confirm and approve on a final basis or to disapprove rates developed by the Administrator under the delegation. This rate order is issued by the Deputy Secretary pursuant to said delegation, and pursuant to Delegation Order No. 00-001-00A, effective September 17, 2002. Background Dam B (Town Bluff Dam), located on the Neches River in eastern Texas downstream from the Sam Rayburn Dam, was originally constructed in 1951 by the U.S. Army Corps of Engineers (Corps) and provides streamflow regulation of releases from the Sam Rayburn Dam. The Lower Neches Valley Authority contributed funds toward construction of both projects and makes established annual payments for the right to withdraw up to 2000 cubic feet of water per second from Town Bluff Dam for its own use. Power was legislatively authorized at the project, but installation of hydroelectric facilities was deferred until justified by economic conditions. A determination of feasibility was made in a 1982 Corps study. In 1983, the Sam Rayburn Municipal Power Agency (SRMPA) proposed to sponsor and finance the development at Town Bluff Dam in return for the output of the project to be delivered to its member municipalities and participating member cooperatives of the Sam Rayburn Dam Electric Cooperative. Since the hydroelectric facilities at the Town Bluff Dam have been completed, the facilities have been renamed the Robert Douglas Willis Hydropower Project (Robert D. Willis). The Robert D. Willis rate is unique in that it excludes the costs associated with the hydropower design and construction performed by the Corps, because all funds for these costs were provided by SRMPA. Under the Southwestern/SRMPA power sales Contract No. DE-PM75-85SW00117, SRMPA will continue to pay all annual operating and marketing costs, as well as expected capital replacement costs, through the rate paid to Southwestern, and will receive all power and energy produced at the project for a period of 50 years. The existing rate for the Robert D. Willis project was approved by FERC on October 22, 2001, for the period October 1, 2001, through September 30, 2005. Discussion The 2003 current Robert D. Willis power repayment study

(PRS)tests the adequacy of the existing rate, based on the latest cost evaluation period extending from FY 2003 through FY 2007, to cover annual expenses for marketing, operation and maintenance, and to amortize additions to plant and major replacements of the generating facilities. The current PRS for the Robert D. Willis project, using the existing annual rate of $353,700, indicates that the legal requirements to repay all costs will not be met without additional revenue. This shortfall is primarily a result of increased operations and maintenance expenses estimated by the Corps. The revised PRS shows that an additional $99,252 (28.1 percent) annually is needed to satisfy repayment criteria. Accordingly, Southwestern developed a rate schedule with a proposed annual rate of $452,952 that would satisfy repayment criteria. Pursuant to Title 10, Part 903, Subpart A of the Code of Federal Regulations (10 CFR 903.21), “Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions,” 50 FR 37837, the Administrator, published notice in the **Federal Register** on June 24, 2003, 68 FR 37483, announcing a 60-day period for public review and comment concerning the proposed minor rate adjustment increase. Southwestern provided notice of the **Federal Register** , together with supporting data, to the customer and interested parties for review and comment during the formal period of public participation. In addition, prior to the formal 60-day public participation process, Southwestern met with the customer representative to discuss with them preliminary information on the proposed rate adjustment. Subsequent to discussions with the customer regarding the initial PRS findings, Southwestern again questioned the Corps regarding the large increase in the operations and maintenance expense estimates. This questioning led to the Corps revising their expense estimates downward, and thereby changing the preliminary results from the initial 35 percent rate increase as stated in the **Federal Register** to a 28.1 percent rate increase. As no requests were received to convene either of the public forums, neither was held. Only one formal comment was received during the public process. That comment, on behalf of the sole customer SRMPA, expressed no objection to the final proposed rate. Upon conclusion of the comment period, Southwestern finalized the PRS and rate schedule for the proposed annual rate of $452,952 which is the lowest possible rate needed to satisfy repayment criteria. This rate represents an increase of 28.1 percent over the existing rate. Information regarding this rate increase, including studies and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, One West Third Street, Tulsa, Oklahoma 74103-3519. Comments and Responses Southwestern received one written comment in which the customer representative expressed no objection to the proposed rate adjustment. Other Issues There were no other issues raised during the informal meeting or during the formal public participation period. Administrator's Certification The FY 2003 revised Robert D. Willis PRS indicates that the annual power rate of $452,952 will repay all costs of the project, including amortization of additions to plant and major replacements of the generating facilities consistent with provisions of the Department of Energy

(DOE)Order No. RA 6120.2. In accordance with Delegation Order No. 00-037.00, December 6, 2001, and Section 5 of the Flood Control Act of 1944, the Administrator has determined that the proposed Robert D. Willis power rate is consistent with applicable law and the lowest possible rate consistent with sound business principles. Environment The environmental impact of the rate increase proposal was evaluated in consideration of DOE's guidelines for implementing the procedural provisions of the National Environmental Policy Act, 10 CFR 1021, and was determined to fall within the class of actions that are categorically excluded from the requirements of preparing either an Environmental Impact Statement or an Environmental Assessment. Order In view of the foregoing and pursuant to the authority delegated to me by the Secretary of Energy, I hereby confirm, approve and place in effect on an interim basis, for the period November 1, 2003, through September 30, 2007, the annual Robert D. Willis rate of $452,952 for the sale of power and energy from Robert D. Willis project to the Sam Rayburn Municipal Power Agency, under Contract No. DE-PM75-85SW00117, as amended. This rate shall remain in effect on an interim basis through September 30, 2007, or until the FERC confirms and approves the rate on a final basis. Dated: October 10, 2003. Kyle E. McSlarrow, Deputy Secretary. [FR Doc. 03-26897 Filed 10-23-03; 8:45 am]

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