Notices. Record of decision

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BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. SA04-1-000] CEC Technologies, Limited; Notice of Petition for Adjustment November 19, 2003. Take notice that on October 28, 2003, CEC Technologies Limited (CEC), filed a petition for staff adjustment under section 502(c) of the Natural Gas Policy Act

(NGPA)of 1978, 1 and Rules 207 and 212 (18 CFR 385.207—385.212) of the Commission's Rules of Practice and Procedure.CEC seeks relief from paying Kansas *ad valorem* tax refunds to Northern Natural Gas Company (Northern), pursuant to the Commission's January 2, 2003, order in Northern, Docket No. RP98-39-029. 2 1 15 U.S.C. 3142

(c)(1982). 2 102 FERC ¶ 61,007 (2003). In this petition, CEC asserts it first became aware of a refund claim against CEC earlier this year when it received a letter from Northern stating that Chinook Energy Corporation (Chinook) had a refund obligation of Kansas *ad valorem* taxes by reason of Chinook's ownership of working interest in natural gas wells in Comanche County, Kansas. *CEC asserts:*

(1)It had no knowledge of the claims made by Northern and therefore is not in a position to affirm or deny Northern's claims;

(2)it does not own any gas producing properties in Kansas or have any records of Chinook or CEC ever receiving any revenues from Northern or from any other pipeline with respect to gas producing properties in Kansas;

(3)it neither owns any working interests in any gas producing properties;

(4)it has no record of such Kansas properties;

(5)it has virtually no revenues from any source with which it might make refunds; and

(6)it does not have the financial resources to prosecute its claim for relief through the evidentiary and multiple briefing phases associated with the Commission hearing in Docket No. RP98-39-029. 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 sections 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 proceeding. Any person wishing to become a party to the proceeding or to participate as a party in any hearing therein must file a motion to intervene in accordance with the Commission rules. 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 eFiling link. *Comment Date:* December 3, 2003. Magalie R. Salas, Secretary. [FR Doc. E3-00392 Filed 11-25-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-18-000, et al.] Alfalfa Electric Cooperative, Inc., et al.; Electric Rate and Corporate Filings November 19, 2003. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Alfalfa Electric Cooperative, Inc., Choctaw Electric Cooperative, Inc., People's Electric Cooperative [Docket Nos. EC04-18-000 and EL04-18-000] Take notice that on November 12, 2003, Alfalfa Electric Cooperative, Inc. (AEC), Choctaw Electric Cooperative, Inc. (CEC), and People's Electric Cooperative

(PEC)(collectively, the Cooperatives) filed with the Federal Energy Regulatory Commission (the Commission) a petition for declaratory order pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2003), disclaiming jurisdiction under section 201 of the Federal Power Act (FPA), 16 U.S.C. 824(e) (2000). The Cooperatives state that they are seeking a disclaimer of jurisdiction over the passive investors, including owner lessors, owner participants, and managers or owner trustees (collectively, Passive Participants) in a lease and leaseback transaction (the Transaction) involving bulk electric distribution systems owned by the Cooperatives and including transmission facilities owned by PEC and wholesale distribution facilities owned by AEC (PEC's transmission facilities and AEC's wholesale distribution facilities are collectively the Jurisdictional Facilities.). The Cooperatives also petitioned the Commission to authorize the lease and leaseback of the Jurisdictional Facilities pursuant to section 203 of the FPA The Cooperatives request that the Commission issue the requested declaratory order by December 19, 2003. *Comment Date:* December 3, 2003. 2. Lake Road Trust Ltd. Lake Road Generating Company, L.P., Lake Road Holding Company LLC, Lake Road GP Company LLC [Docket No. EC04-19-000] Take notice that on November 12, 2003, Lake Road Trust Ltd. and Lake Road Generating Company, L.P. (together, the Lake Road Parties) and Lake Road Holding Company LLC and Lake Road GP Company LLC (collectively, Applicants) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization to transfer certain jurisdictional facilities held by the Lake Road Parties to the lenders, interest hedge providers and investors of the Lake Road Parties. Applicants seek expedited review of the application and request confidential treatment of certain documents submitted therewith. The Applicants state that a copy of the application was served upon the Connecticut Department of Public Utility Control. *Comment Date:* December 2, 2003. 3. Dominion Nuclear Marketing I, Inc., Dominion Nuclear Marketing II, Inc., Dominion Nuclear Connecticut, Inc., and Dominion Energy Marketing, Inc. [Docket Nos. EC04-20-000 and ER04-189-000] Take notice that on November 12, 2003, Dominion Nuclear Marketing I, Inc. (DNM I), Dominion Nuclear Marketing II, Inc. (DNM II), Dominion Nuclear Connecticut, Inc.

(DNC)and Dominion Energy Marketing, Inc.

(DEMI)filed an application pursuant to section 203 of the Federal Power Act, for an order authorizing the proposed internal corporate reorganization pursuant to which DNM I and DNM II's interest in DNC will be transferred to DEMI and DNM I and DNM II's market-based rate schedules shall be cancelled. *Comment Date:* December 3, 2003. 4. Union Electric Company d/b/a AmerenUE and Central Illinois Public Service Company d/b/a AmerenCIPS [Docket No. EC04-21-000] Take notice that on November 12, 2003, Union Electric Company d/b/a AmerenUE (AmerenUE) and Central Illinois Public Service Company d/b/a AmerenCIPS (AmerenCIPS) (collectively, AmerenUE and AmerenCIPS are referred to as Applicants), submitted an application pursuant to section 203 of the Federal Power Act, and Part 33 of the Federal Energy Regulatory Commission (Commission) regulations, 18 CFR Part 33, requesting all Commission authorizations and approvals necessary for AmerenUE to sell and transfer, and for AmerenCIPS to purchase and accept, certain jurisdictional assets now owned by AmerenUE. Applicants state that copies of this filing have been served on all affected state commissions and also parties to contracts affected by the transfer. *Comment Date:* December 3, 2003. 5. Covanta Energy Corporation Covanta Fairfax, Inc. Covanta Haverhill Associates Covanta Union, Inc. Covanta Onondaga, Limited Partnership [Docket No. EC04-22-000] Take notice that on November 13, 2003 Covanta Energy Corporation (Covanta), Covanta Fairfax, Inc., Covanta Haverhill Associates, Covanta Union, Inc. and Covanta Onondaga, Limited Partnership (collectively, the Applicants) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization to indirectly dispose of jurisdictional facilities through a change of control transaction that has been proposed as part of Covanta's plan of reorganization filed with the U.S. Bankruptcy Court for the Southern District of New York. Applicants respectfully request that the Commission approve this transfer on an expedited basis and no later than December 19, 2003. *Comment Date:* December 4, 2003. 6. FirstEnergy Corp. and its Public Utility Subsidiaries NRG Energy, Inc. and its Public Utility Subsidiaries [Docket No. EC04-23-000] Take notice that on November 14, 2003, FirstEnergy Corp. and its public utility subsidiaries (FirstEnergy) and NRG Energy, Inc. and its public utility subsidiaries

(NRG)(collectively Applicants) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization for FirstEnergy to acquire certain debt and common equity securities of NRG as a means of settling outstanding claims against NRG, and for authorization for FirstEnergy to dispose of such securities as soon as possible thereafter in light of market conditions. Applicants state that if a Settlement Agreement is approved, FirstEnergy will be entitled to receive approximately 6.5% of the common stock of NRG and approximately $30 million of NRG Senior Notes. *Comment Date:* December 5, 2003. 7. H.Q. Energy Services (U.S.) Inc. [Docket No. ER97-851-013] Take notice that on November 12, 2003, H.Q. Energy Services (U.S.) Inc.

(HQUS)tendered for filing an updated market power study and Change in Status Report pursuant to the Commission's order in H.Q. Energy Services (U.S.) Inc., 81 FERC ¶ 61,184 (1997). The HQUS states that its submission demonstrates that HQUS continues to satisfy the Commission's requirements for authority to sell power at market-based rates. *Comment Date:* December 3, 2003. 8. Midwest Independent Transmission System Operator, Inc. [ Docket No. ER03-986-002] Take notice that on November 12, 2003, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing a revised Interconnection and Operating Agreement among Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. (Transmission), the Midwest ISO and Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. (Generation) pursuant to Section 205 of the Federal Power Act and Section 35.13 of the Commission's regulations, 18 CFR 35.13 (2002). The Midwest ISO requests an effective date of June 17, 2003. The Midwest ISO states it has served all parties listed on the official service list maintained by the Secretary in this proceeding. In addition, the filing has been electronically posted on the Midwest ISO's website at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO further states it will provide hard copies to any interested parties upon request. *Comment Date:* December 3, 2003. 9. Kansas City Power & Light Company [Docket No. ER03-997-001] Take notice that on November 12, 2003, Kansas City Power & Light Company

(KCPL)submitted for filing its proposed procedures regarding the dispute between KCPL and the City of Independence, Missouri regarding an agreement filed under KCPL's Market-Based Rate Tariff providing for the sale of 90 MW of capacity from KCPL to the City of Independence. *Comment Date:* December 3, 2003. 10. Northeast Utilities Service Company [Docket No. ER03-1247-001] Take notice that on November 12, 2003, Northeast Utilities Service Company, on behalf of its affiliates, The Connecticut Light and Power Company, Western Massachusetts Electric Company, Holyoke Power Company, Holyoke Water Power Company, and Public Service Company of New Hampshire (collectively, NU Companies), submitted First Revised Sheet No. 29 superseding Original Sheet No. 29 of the NU Companies' Open-Access Transmission Tariff for local network service, FERC Electric Tariff Original Volume No. 10, in compliance with the Commission's October 22, 2003 Order Accepting and Suspending Revised Open Access Transmission Tariff, and Establishing Hearing and Settlement Judge Procedures, Northeast Utilities Service Company, 105 FERC ¶ 61,089 (2003). *Comment Date:* December 3, 2003. 11. Entergy Services, Inc. [Docket No. ER03-1272-001] Take notice that on November 12, 2003, Entergy Services, Inc., on behalf of Entergy Arkansas, Inc., Entergy Gulf States, Inc., Entergy Louisiana, Inc., Entergy Mississippi, Inc., and Entergy New Orleans, Inc., (collectively, Entergy) filed an amendment to its filing in the above-captioned proceeding in response to the Commission's October 22, 2003 Letter Order. Entergy states that the amendment and original filing address proposed revisions to the Entergy Open Access Transmission Tariff, FERC Electric Tariff Second Revised Volume No. 3, designed to implement an Available Flowgate Capability process for evaluating short-term transmission service requests. *Comment Date:* December 3, 2003. 12. Midwest Independent Transmission System Operator, Inc. [ Docket No. ER03-1260-001] Take notice that on November 12, 2003, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing a second revised Interconnection and Operating Agreement among GM Transmission, LLC, the Midwest ISO and Northern States Power Company d/b/a Xcel Energy pursuant to Section 205 of the Federal Power Act and Section 35.13 of the Commission's regulations, 18 CFR 35.13. The Midwest ISO requests an effective date of September 1, 2002. The Midwest ISO states it has served all parties listed on the official service list maintained by the Secretary in this proceeding. In addition, the filing has been electronically posted on the Midwest ISO's website at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO further states that it will provide hard copies to any interested parties upon request. *Comment Date:* December 3, 2003. 13. Northern/AES Energy, LLC [Docket No. ER04-102-001] Take notice that on November 12, 2003, Northern/AES Energy LLC (Northern) tendered for filing an amendment to the Notice of Cancellation filed on October 29, 2003 in Docket No. ER04-102-000. *Comment Date:* December 3, 2003. 14. Union Electric Development Corporation [Docket No. ER04-104-001] Take notice that on November 13, 2003, Union Electric Development Corporation

(UEDC)submitted for filing a Notice of Cancellation of its FERC Electric Tariff, Original Volume No. 1. UEDC asserts that the purpose of the filing is to cancel its market-based authority granted in Docket No. ER97-3663-000. *Comment Date:* December 4, 2003. 15. KeySpan Generation LLC [Docket No. ER04-112-001] Take notice that on November 13, 2003, KeySpan Generation LLC submitted for filing an amendment to their October 30, 2003 filing in Docket No. ER04-112-000. *Comment Date:* November 21, 2003. 16. New York Independent System Operator, Inc. [Docket No. ER04-186-000] Take notice that on November 12, 2003, the New York Independent System Operator, Inc. (NYISO), filed proposed revisions to the Independent System Operator Agreement. NYISO states that the proposed revisions would amend the Independent System Operator Agreement to allow two individuals to be elected to the position of chairperson or vice-chairperson of the Management Committee. The NYISO states it has served a copy of this filing to all parties that have executed Service Agreements under the NYISO's OATT or Services Tariff, the New York State Public Services Commission and to the electric utility regulatory agencies in New Jersey and Pennsylvania. *Comment Date:* December 3, 2003. 17. North Jersey Energy Associates, A Limited Partnership [ Docket No. ER04-187-000] Take notice that on November 12, 2003, North Jersey Energy Associates, A Limited Partnership

(NJEA)petitioned the Commission to:

(1)accept for filing NJEA's FERC Electric Tariff (Tariff) and grant NJEA the blanket authority to make market-based sales of energy, capacity and ancillary services under its Tariff;

(2)accept for filing NJEA's Amended and Restated Power Purchase Agreement;

(3)grant NJEA such waivers and authorizations as have been granted by the Commission to other entities authorized to transact at market-based rates; and

(4)grant NJEA a waiver of the 60-day and 120-day notice requirements in section 35.3 of the Commission's regulations, 18 CFR 35.3, to the extent necessary to permit this filing to become effective conditioned on and as of the future date that NJEA notifies the Commission that it has terminated the Qualifying Facility status of its 300 MW natural gas-fired electricity and steam enerating facility in the borough of Sayreville, New Jersey. *Comment Date:* December 3, 2003. 18. Delmarva Power & Light Company [Docket No. ER04-188-000] Take notice that on November 12, 2003, Delmarva Power & Light Company (Delmarva) tendered for filing a Notice of Cancellation and an Order No. 614 compliant cancelled rate schedule sheet (collectively referred to as Cancellation Documents) terminating the rate schedule between Delmarva and the Delaware City of Lewes (the Lewes Rate Schedule). Delmarva also tendered for filing a new executed Interconnection Agreement with the City of Lewes (Lewes IA). Delmarva requests that the Commission allow the Cancellation Documents to become effective on December 31, 2003, the date that the Lewes Rate Schedule terminates as of its own terms. Delmarva further requests that the Commission allow the Lewes IA to become effective on January 1, 2004, the first date on which interconnection service will no longer be provided as part of the bundled service provided under the Lewes Rate Schedule. Delmarva states that copies of the filing were served upon the City of Lewes and the Delaware Public Service Commission. *Comment Date:* December 3, 2003. 19. Alan J. Fohrer [Docket No. ID-3949-000] Take notice that on October 8, 2003, Alan J. Fohrer submitted for filing an application for authorization under section 305(b) of the Federal Power Act to hold the following positions: Director and Chief, California Edison Company, Executive Officer, Director, Duratek, Inc. *Comment Date:* December 10, 2003. Standard Paragraph Any person desiring to intervene or to protest this filing 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). 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 motion to intervene. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “FERRIS” link. Enter the docket number excluding the last three digits in the docket number filed to access the document. For assistance, call

(202)502-8222 or TTY,

(202)502-8659. Protests and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E3-00391 Filed 11-25-03; 8:45 AM] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions November 19, 2003. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Subsequent Minor License. b. *Project No.:* 1413-032. c. *Date filed:* October 30, 2002. d. *Applicant:* Fall River Rural Electric Cooperative, Inc. e. *Name of Project:* Buffalo River Hydroelectric Project. f. *Location:* On the Buffalo River near its confluence with the Henry's Fork River, near the town of Idaho Falls, in Fremont County, Idaho. The project occupies 9.8 acres of land within the Targhee National Forest. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Fall River Rural Electric Cooperative, Inc., 1150 North 3400 East, Ashton, Idaho 83420, Tel. #

(208)652-7431, and/or Brent L. Smith, President, Northwest Power Services, Inc, P.O. Box 535, Rigby, Idaho 83442, Tel. #

(208)745-0834. i. *FERC Contact:* Gaylord Hoisington,

(202)502-6032, *gaylord.hoisington@ferc.gov* . j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice. Reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted, and is ready for environmental analysis at this time. l. The existing Buffalo River Project consists of:

(1)A 142-foot-long by 12-foot-high timber-faced rock-filled diversion dam;

(2)a 40-foot-long by 3-foot-high concrete slab spillway with stop logs;

(3)a fish passage structure;

(4)a concrete intake structure with a 5-foot steel slide gate;

(5)a trash rack;

(6)a 52-foot-long by 5-foot-diameter concrete encased steel penstock;

(7)a 34-foot-long by 22-foot-high masonry block powerhouse containing a 250-kilowatt Bouvier Kaplan inclined shaft turbine; and

(8)other appurtenant facilities. The applicant estimates that the total average annual generation would be 1,679 megawatthours. m. A copy of the application 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, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. All filings must

(1)bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS”, “TERMS AND CONDITIONS”, or “PRESCRIPTIONS”;

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person submitting the filing; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E3-00393 Filed 11-25-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Applications for Non-Project Use of Project Lands and Soliciting Comments, Motions To Intervene, and Protests November 19, 2003. Take notice that the following applications have been filed with the Commission and are available for public inspection: a. *Application Types:* Non-Project Use of Project Lands. b. *Project Nos:* 2210-091, 2210-093 and 2210-094. c. *Dates Filed:* 2210-091 filed on October 14, 2003, 2210-093 filed on October 20, 2003, and 2210-094 filed on October 16, 2003. d. *Applicant:* Appalachian Power Company (APC). e. *Name of Project:* Smith Mountain Pumped Storage Project. f. *Location:* The project is located on the Roanoke River, in Bedford, Pittsylvania; Franklin and Roanoke Counties, Virginia. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a) 825(r) and 799 and 801. h. *Applicant Contact:* Teresa P. Rogers, Hydro Generation Department, American Electric Power, P.O. Box 2021, Roanoke, VA 24022-2121,

(540)985-2441 i. *FERC Contact:* Any questions on this notice should be addressed to Mrs. Heather Campbell at

(202)502-6182, or e-mail address: *heather.campbell@ferc.gov* . j. *Deadline for filing comments and or motions:* December 19, 2003. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2210-091, -093, or -094) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission(s Web site at *http://www.ferc.gov* under the (e-Filing( link. The Commission strongly encourages e-filings. k. *Description of Request:* Appalachian is requesting approval of non-project uses of project lands for the proposals described below. P-2210-091—Request for approval for Waterways Properties to install and operate within the project boundary two docks with a total of twenty-eight covered stationary slips and two floaters. The first dock would have 16 covered boat slips and two floaters. The second dock would have 12 boat slips. The docks and associated facilities will serve multi-family type dwellings and single family homes. Construction would take place along the Roanoke River at a development known as the Waterways. There is no dredging associated with the proposal. P-2210-093—Request for approval for Pat Bailey of CB Rentals and Sales to install and operate one dock with eight stationary covered slips, and four floating slips plus two additional floaters. In addition, the existing dock will be modified to incorporate 8 jet ski lifts. Construction would take place along the Roanoke River at an area identified as CB Rental and Sales. The site is located off Virginia Route 122. No dredging will be needed. P-2210-094—Request for approval for WHM Corporation to construct and operate twenty three stationary docks with a total of 296 covered boat slips and 6 boat docks with a total of 74 floating boat slips for a total of 370 boat slips. Construction would take place in the upper third of the Roanoke River at a site known as Bridgewater Bay. No dredging is proposed. l. *Location of the Applications:* These filings are available for review at the Commission in the Public Reference Room 888 First Street, NE, Room 2A, Washington, D.C. 20426 or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described applications. Copies of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E3-00394 Filed 11-25-03; 8:45 am BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 11847-003, Project No. 11848-003, Project No. 11849-003, and Project No. 11850-003] Washington Hydro Energy Development Corporation, Skookum Hydro Inc.: Notice of Surrender of Preliminary Permits November 19, 2003. Take notice that the permittees for the subject projects have requested to surrender their preliminary permits because of the status of current economic conditions. Project No. Project name Stream State Expiration date 11847-003 Cumberland Creek Cumberland Creek WA 11-30-2003 11848-003 Mill Creek Mill Creek WA 11-30-2003 11849-003 O'Toole Creek O'Toole Creek WA 11-30-2003 11850-003 Skookum Creek Skookum and Orsino Creeks WA 11-30-2003 The permits shall remain in effect through the thirtieth day after issuance of this notice unless that day is Saturday, Sunday, or holiday as described in 18 CFR 385.2007, in which case each permit shall remain in effect through the first business day following that day. New applications involving these project sites, to the extent provided for under 18 CFR part 4, may be filed on the next business day. Magalie R. Salas, Secretary. [FR Doc. E3-00395 Filed 11-25-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Valley Electric Association Interconnection of Ivanpah Energy Center to Mead Substation (DOE/EIS-0354) AGENCY: Western Area Power Administration, DOE. ACTION: Record of decision. SUMMARY: The Department of the Interior, Bureau of Land Management (BLM), prepared an Environmental Impact Statement

(EIS)evaluating the construction, operation and maintenance of the Ivanpah Energy Center

(IEC)power plant and ancillary facilities. The project would provide 500 megawatts

(MW)of baseload power to the southern Nevada power grid. As a cooperating agency for the EIS, the Department of Energy's

(DOE)Western Area Power Administration (Western) considered the environmental impacts of the Ivanpah Energy Center Project (Project) and the interconnection to Western's Mead Substation. Western specifically evaluated proposed modifications to facilities at the substation. The modifications are necessary to accommodate the new Valley Electric Association

(VEA)230-kilovolt

(kV)transmission line interconnection for this new source of electric power. Western adopted the BLM EIS on May 28, 2003. This Record of Decision

(ROD)announces Western's decision to grant the VEA interconnection request. Western will ensure that its responsibilities under the National Historic Preservation Act and the Endangered Species Act are met before the interconnection is implemented. FOR FURTHER INFORMATION CONTACT: Mr. John Holt, Environmental Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005, telephone

(602)352-2592, E-mail *holt@wapa.gov.* Copies of the EIS and the BLM Record of Decision are available from Jerry Crockford, Project Manager, BLM Farmington Field Office, 1235 La Plata Hwy, Suite A, Farmington, NM 87401, telephone

(505)599-6333, E-mail *jcrockford@nm.blm.gov.* For information about the DOE National Environmental Policy Act

(NEPA)process, contact Carol M. Borgstrom, Director, NEPA Policy and Compliance, EH-42, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, telephone

(202)586-4600 or

(800)472-2756. SUPPLEMENTARY INFORMATION: The BLM is the lead agency for the IEC EIS (Final EIS dated May 2003). Western requested to be, and was designated, a cooperating agency for the IEC EIS on October 2, 2002. The EIS addresses the effects of the Project, including modification of Western's transmission system. After an independent review of the EIS, Western concluded that its comments and suggestions had been satisfied and subsequently adopted the IEC EIS as its own under 40 CFR part 1506.3. Western's EIS document number is DOE/EIS-0354. Project Purpose and Need The Project is designed to provide electric power to the southern Nevada power grid. Currently, demand in the southwestern United States exceeds capacity and continues to increase. Peak demand energy requirements for the Arizona-New Mexico-southern Nevada Power Area are projected to grow at an annual compound rate of 3.3 percent between 2000 and 2010. Annual energy requirements for the period are expected to increase at a compound rate of 3.4 percent according to North American Electric Reliability Council projections. The Project action alternatives considered in the EIS would partially satisfy this projected need. Description of Alternatives The Draft EIS evaluated two alternative plant sites, four alternative transmission line alignments, and the No Action Alternative. The Primm Plant site was selected as the environmentally preferred alternative. However, this alternative became commercially unavailable to the Project proponent after the Draft EIS was published. The Final EIS, therefore, evaluated only the proposed alternative plant site (Goodsprings Site) and two associated alternative transmission line alignments, plus the No Action Alternative. The proposed alternative is located entirely within Clark County, Nevada, and primarily on BLM land, within a BLM utility corridor, or on Western withdrawn land. The alternative principally consists of a 30-acre (permanent disturbance) site for the generation plant southeast of the town of Goodsprings, Nevada, and a new 230-kV transmission line to Western's Mead Substation. The plant design is a 500-MW, natural gas-fired, combined-cycle, dry- and refrigeration-cooled, baseload electrical power generation station, as described in the EIS. Associated Project components include an onsite power substation, transmission line interconnection for the proposed Table Mountain Wind Generation Facility, fiber optic ground wires, natural gas pipeline, water treatment plant, water supply pipeline, telecommunications cable, and necessary temporary and permanent access roads. Two alternative transmission line alignments were considered, Alternatives C and E. Both include interconnecting with the existing VEA 230-kV Pahrump-to-Mead transmission line at the Goodsprings power plant site and constructing a new Goodsprings-to-Mead 230-kV line. Alternative E would generally follow or parallel the existing Pahrump-to-Mead line and right-of-way southeast across the Ivanpah Valley, then northeast across the McCullough Mountain Range and the Eldorado Valley to Mead Substation (approximately 47.5 miles). Alternative C deviates from Alternative E only along one line segment that remains on the west side of Eldorado Valley before crossing to Mead Substation (approximately 47.8 miles). Regardless of the transmission line alternative, the interconnection at Western's Mead Substation will require constructing a new transmission line within the same alignment across Western's withdrawn lands, and modifying the 230-kV area of the substation. The No Action Alternative would preclude construction and operation of the proposed power plant, transmission line, and other Project components. Existing conditions would remain unchanged. No environmental impacts are associated with the No Action Alternative, but the generation, transmission, and end use of the proposed electric power would be unavailable to potential users of the southern Nevada power grid. Western's Decision The BLM released its Project ROD on October 23, 2003, granting BLM rights-of-way for the Goodsprings Alternative plant site and Alternative E transmission line alignment. Based on the need for the Project and the results of the EIS, Western's decision is to grant the interconnection request for the VEA transmission line component of the Project. Western will facilitate the VEA 230-kV Alternative E transmission line approach across Western's withdrawn lands to Mead Substation and modify current substation configuration to accommodate the requested interconnection in the southeast portion of the 230-kV area within the Mead Substation. The No Action Alternative was not selected because it would not meet the defined purpose and need for the Project. Nor would this alternative allow Western to meet its obligations to VEA, as defined by Western's General Requirements for Interconnections and Western's obligations to provide interconnection under Section 211 of the Federal Power Act. Mitigation Measures and Commitments The Final EIS identified mitigation measures needed to reduce Project impacts. Specific measures are discussed in Section 1.3 on pages 1-2 to 1-6 of the Final EIS. Additional mitigation measures and standard practices are provided in the BLM Construction, Operations and Maintenance Plan. The EIS impact analysis concluded that, with mitigation measures, most impacts from the selected Project alternative would not be significant. The only significant and unavoidable impacts of the Project are to Category B (medium population density) desert tortoise habitat. These impacts are associated with construction at the plant site, telecommunication lines, access roads, water supply line, and transmission lines. Significant impacts would result from direct incidental take during construction or operation, habitat fragmentation, introduction of nonnative plant species, soil compaction, and increased public access to the Project area. The BLM provided a biological assessment outlining Project impacts to the U.S. Fish and Wildlife Service (FWS). In response, the FWS issued a Biological Opinion for the Project dated October 17, 2003. Western's decision is to grant the VEA interconnection request. However, the grant is issued with the condition that the Project must comply with the terms and conditions recommended in the FWS Final Biological Opinion to avoid, minimize, or mitigate any Project impacts to biological resources. Western will ensure that its responsibilities under the Endangered Species Act are met before the transmission system modifications are implemented. The BLM has consulted with the State Historic Preservation Office and Native American Tribes. A Programmatic Agreement

(PA)and treatment plan were developed to avoid, minimize, and mitigate adverse effects to historical and cultural properties. Western is a signatory to the PA and will ensure that its responsibilities under the PA and the National Historic Preservation Act are met before the action is implemented. Western contacted 26 Native American Tribes during the Final EIS 30-day waiting period to ensure it satisfied Nation-to-Nation consultation requirements regarding the Project. Western received no response to its inquiries and no additional action is required. The Project area does intersect 100-year floodplains in a few locations, but individual and cumulative floodplain impacts associated with transmission line structure location and construction are negligible. There are no wetlands affected by the Project. However, Western will require appropriate measures to minimize any potential impacts. Western is adopting those mitigation measures that apply to its action, the interconnection and authorization for use of its withdrawn land for the 230-kV transmission line, and will issue a Mitigation Action Plan before any construction activity takes place. The Plan will address the adopted and standard mitigation measures. When completed, the Mitigation Action Plan will be made available to the public. Compliance With Regulations This ROD has been prepared following Council on Environmental Quality 1 regulations for implementing NEPA (40 CFR parts 1500-1508) and DOE Procedures for Implementing NEPA (10 CFR part 1021). Dated: November 18, 2003. Michael S. Hacskaylo, Administrator. [FR Doc. 03-29566 Filed 11-25-03; 8:45 am]

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