Notices. Record of Decision

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

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-127-000] Algonquin Gas Transmission Company; Notice of Tariff Filing January 2, 2004. Take notice that on December 30, 2003, Algonquin Gas Transmission Company (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Fourth Revised Sheet No. 654, to be effective February 1, 2004. Algonquin states that the purpose of this filing is to modify Section 18 of the General Terms and Conditions of its FERC Gas Tariff to provide that monthly invoices of Algonquin's customers shall be submitted, and shall be considered duly delivered, to customers by posting the invoices on Algonquin's LINK® System, or if requested by a customer in writing on or before February 15, 2004, by mailing the invoice to the customer by regular U.S. mail.

Algonquin states that copies of its filing have been served on 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 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. Linda Mitry, Acting Secretary. [FR Doc. E4-26 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-156-000, ER04-156-001, and EL04-41-000] Notice of Initiation of Proceeding and Refund Effective Date January 5, 2004. Allegheny Power System Operating Companies: Monongahela Power Company, Potomac Edison Company, and West Penn Power Company, all d/b/a Allegheny Power; PHI Operating Companies: (Consolidated) Potomac Electric Power Company, Delmarva Power & Light Company, and Atlantic City Electric Company; Baltimore Gas and Electric Company; Jersey Central Power & Light Company; Metropolitan Edison Company; PECO Energy Company; Pennsylvania Electric Company; PPL Electric Utilities Corporation; Public Service Electric and Gas Company; Rockland Electric Company; and UGI Utilities, Inc. Take notice that on January 2, 2004, the Commission issued an order in the above-indicated Docket Nos. initiating a proceeding in Docket No. EL04-41-000 under Section 206 of the Federal Power Act. The refund effective date in Docket No. EL04-41-000 will be 60 days after publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-34 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-617-001] Colorado Interstate Gas Company; Notice of Compliance Filing January 2, 2004. Take notice that on December 19, 2003, Colorado Interstate Gas Company

(CIG)tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, with an effective date of January 1, 2004: Tenth Revised Sheet No. 1 Second Revised Sheet No.11J CIG states that it is also filing a firm transportation agreement. CIG states that the tariff sheet update the list of non-conforming agreements and implement a new negotiated rate transaction in compliance with the Commission's Order issued October 24, 2003 in this proceeding. 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. Linda Mitry, Acting Secretary. [FR Doc. E4-21 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-36-000] Consolidated Edison Company of New York, Inc., Consolidated Edison Solutions, Inc., KeySpan Energy Services, Inc., Constellation New-Energy, Strategic Energy, New York Energy Buyer Forum, and Consumer Power Advocates, Complaints, v. New York Independent System Operator, Inc., Respondent; Notice Convening Conference January 6, 2004. Pursuant to Rule 601 of the Commission's Rules of Practice and Procedure, 18 CFR 385.601, the Dispute Resolution Service will convene a conference on Tuesday, January 13, 2004, to discuss how Alternative Dispute Resolution processes and procedures may assist the participants in resolving disputes arising in the above-docketed proceeding. The conference will be held at the Consolidated Edison Company of New York, Inc., building at 4 Irving Place, New York, New York, (212-460-1089) beginning at 11 p.m. and ending at approximately 5:30 p.m. Jerrilynne Purdy and Richard Miles, acting for the Dispute Resolution Service, will convene the conference. They will be available to communicate in private with any participant prior to the conference. If a participant has any questions regarding the conference, please call Ms. Purdy at 202/502-8671 or e-mail to *jerrilynne.purdy@ferc.gov* . Parties may also communicate with Richard Miles, the Director of the Commission's Dispute Resolution Service, at 1 877 FERC ADR (337-2237) or 202/502-8702 or e-mail to *richard.miles@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-41 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-37-000, CP04-44-000, CP04-45-000, and CP04-46-000] Corpus Christi LNG, L.P., Cheniere Corpus Christi Pipeline Company; Notice of Applications January 2, 2004. Take notice that on December 22, 2003, Corpus Christi LNG, L.P. (Corpus LNG) filed an application seeking authorization to site, construct and operate a liquefied natural gas

(LNG)terminal located near Corpus Christi, Texas. The LNG terminal will provide LNG tanker terminal services to third party shippers who would be importing LNG. Corpus LNG seeks authorization to site, construct and operate the LNG terminal pursuant to section 3(a) of the Natural Gas Act

(NGA)and part 153 of the Federal Energy Regulatory Commission(s (Commission) regulations. Corpus LNG also requests the approval of the Corpus LNG terminal as the place of entry for the imported LNG supplies (Docket No. CP04-37-000). Also take notice that on December 22, 2003, Cheniere Corpus Christi Pipeline Company (Cheniere Corpus Pipeline) filed an application seeking a certificate of public convenience and necessity, pursuant to section 7(c) of the NGA and part 157, subpart A of the Commission's regulations, to construct and operate a 24 mile pipeline and related facilities to transport natural gas on an open access basis (Docket No. CP04-44-000). Also, in Docket No. CP04-45-000, Cheniere Corpus Pipeline requests a blanket certificate under section 7(c) of the NGA and part 157, subpart F of the Commission's regulations to perform routine activities in connection with the future construction, operation and maintenance of the proposed 24 mile pipeline. Finally, Cheniere Corpus Pipeline requested authorization in Docket No. CP04-46-000 to provide the natural gas transportation services on a firm and interruptible basis pursuant to section 7(c) of the NGA and part 284 of the Commission(s Regulations. These applications are on file with the Commission and open to public inspection. These filings are 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 for TTY, contact

(202)502-8659. Any initial questions regarding these applications should be directed to Keith M Meyer, 333 Clay Street, Suite 3400, Houston, Texas. Phone:

(713)659-1361. Cheniere Corpus Pipeline will conduct a 30-day open season in January 2004 for the purpose of obtaining binding commitments for firm transportation capacity. Cheniere Corpus Pipeline says that the construction and operation of the pipeline will enable new competitively priced supplies of natural gas imported through the Corpus LNG terminal to reach markets throughout the U.S. The National Environmental Policy Act

(NEPA)review of the proposals will begin only after the Cultural Resources information required in part 380, appendix A, section 380.12 of the regulations has been filed with the Commission and found by staff to be sufficient. Based on the historic processing timeline for projects such as this one that use the traditional authorization process, we anticipate that a Draft Environmental Impact Statement would be issued for public comment about 8 to 10 months after the NEPA process has commenced. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's rules of practice and procedure (18 CFR 385.214 or 385.211) and the regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Those providing environmental comments will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. The environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Motions to intervene, protests and comments 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. *Comment Date:* January 23, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-14 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES04-10-000] Detroit Edison Company; Notice of Application January 2, 2004. Take notice that on December 18, 2003, the Detroit Edison Company (Detroit Edison) submitted an application pursuant to Section 204 of the Federal Power Act seeking authorization to issue securities, in an aggregate principal amount not to exceed $1.2 billion, consisting of approximately $1.0 billion of secured and unsecured long-term debt and approximately $200 million of common stock. Detroit Edison also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. 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 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 for TTY, contact

(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. *Comment Date:* January 20, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-16 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-124-000] East Tennessee Natural Gas Company; Notice of Tariff Filing January 2, 2003. Take notice that on December 30, 2003, East Tennessee Natural Gas Company (East Tennessee) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, Sixth Revised Sheet No. 132 to be effective February 1, 2004. East Tennessee states that the purpose of this filing is to modify section 16 of the General Terms and Conditions of its FERC Gas Tariff to provide that monthly invoices of East Tennessee's customers shall be submitted, and shall be considered duly delivered, to customers by posting the invoices on East Tennessee's LINK® System, or if requested by a customer in writing on or before February 15, 2004, by mailing the invoice to the customer by regular U.S. mail. East Tennessee states that copies of its filing have been served on 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 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

(ESNG)tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, with a proposed effective date of January 1, 2004: Forty-Eighth Revised Sheet No. 7 Forty-Eighth Revised Sheet No. 8 ESNG states that the purpose of this instant filing is to track rate changes attributable to storage services purchased from Transcontinental Gas Pipe Line Corporation (Transco) under its Rate Schedules GSS and LSS. ESNG further states that the costs of the above referenced storage services comprise the rates and charges payable under ESNG's Rate Schedules GSS and LSS. ESNG states that copies of the filing have been served upon its jurisdictional 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 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. Magalie R. Salas, Secretary. [FR Doc. E4-31 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-126-000] Egan Hub Storage, LLC; Notice of Tariff Filing January 2, 2004. Take notice that on December 30, 2003, Egan Hub Storage, LLC (Egan Hub) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Second Revised Sheet No. 81 to be effective February 1, 2004. Egan Hub states that the purpose of this filing is to modify Section 14 of the General Terms and Conditions of its FERC Gas Tariff to provide that monthly invoices of Egan Hub's customers shall be submitted, and shall be considered duly delivered, to customers by posting the invoices on Egan Hub's LINK® System, or if requested by a customer in writing on or before February 15, 2004, by mailing the invoice to the customer by regular U.S. mail. Egan Hub states that copies of its filing have been served on 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 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

(EPNG)tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1A, the following tariff sheets bearing a proposed effective date of January 23, 2004: Third Revised Sheet No. 200 Third Revised Sheet No. 361 Second Revised Sheet No. 362 EPNG states that these tariff sheets permit EPNG to hold capacity with upstream and downstream entities in compliance with Commission's off-system capacity policies. 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. Linda Mitry, Acting Secretary. [FR Doc. E4-22 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Docket No. RP04-130-000] Fidelity Exploration & Production Company Complainant v. Southern Star Central Gas Pipeline, Inc. Respondent; Notice of Complaint January 2, 2004. Take notice that on December 31, 2003, Fidelity Exploration & Production Company (Fidelity) submitted a complaint against Southern Star Central Gas Pipeline, Inc. (Southern Star) requesting fast track processing by the Federal Energy Regulatory Commission. Fidelity alleges that Southern Star violated its tariff provisions that outline the best bid procedure for an existing shipper's right of first refusal at the expiration or renegotiation of its agreement. Fidelity states that a copy of the complaint was served on Southern Star on December 31, 2003, via facsimile. Any person desiring to be heard 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. The answer to the complaint and all comments, interventions or protests must be filed on or before the comment date. 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 for TTY, contact (202)502-8659. The answer to the complaint, 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 under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date* : January 20, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-28 Filed 01-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP01-176-005 and CP01-179-003] Georgia Strait Crossing Pipeline LP; Notice Rejecting Request for Rehearing January 2, 2004. In September 2002 the Commission granted Georgia Strait Crossing Pipeline LP (Georgia Strait) authorization to construct a 47-mile pipeline across the northwest tip of Washington to carry gas to Vancouver Island. 1 One year later, Fuel Safe Washington (Fuel Safe) filed a request to reopen the record to supplement the EIA. Fuel Safe also sought judicial review of the Commission's decision. 1 100 FERC ¶ 61,280 (2002), *order denying reh'g and granting clarification* , 102 FERC ¶ 61,051 (2003). The Commission issued an Order on November 13, 2003, which stated: Judicial review of our decision in this case is pending before The Circuit Court of Appeals for the Tenth Circuit in Fuel Safe Washington v. FERC, Case No. 03-9577. Because that Court now has exclusive jurisdiction over this proceeding, we no longer have authority to reopen the record, unless directed by the Court. Consequently, Fuel Safe's request is dismissed. 2 2 105 FERC ¶ 61,190, paragraph 5 (2003). On December 16, 2003, Fuel Safe sought rehearing of the Commission's November 13 Order dismissing its request to reopen the record. Pursuant to Section 19(a) of the Natural Gas Act, 3 requests for rehearing of the Commission's Order were due within thirty days after issuance of the Order *i.e.* , no later than December 15, 2003. Because the 30-day rehearing deadline is statutorily based, it cannot be extended, and Fuel Safe's request for rehearing is rejected. 3 3 15 U.S.C. 717r. This notice constitutes final agency action. Request for rehearing by the Commission of this rejection notice must be filed within 30 days of the date of issuance of this notice, pursuant to 18 CFR 385.713 (2003). Linda Mitry, Acting Secretary. [FR Doc. E4-30 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-125-000] Maritimes & Northeast Pipeline, L.L.C.; Notice of Tariff Filing January 2, 2004. Take notice that on December 30, 2003, Maritimes & Northeast Pipeline, L.L.C. (Maritimes) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Second Revised Sheet No. 283 to be effective February 1, 2004. Maritimes states that the purpose of this filing is to modify Section 15 of the General Terms and Conditions of its FERC Gas Tariff to provide that monthly invoices of Maritimes's customers shall be submitted, and shall be considered duly delivered, to customers by posting the invoices on Maritimes's LINK System, or if requested by a customer in writing on or before February 15, 2004, by mailing the invoice to the customer by regular U.S. mail. Maritimes states that copies of its filing have been served on 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 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. *Protest Date:* January 9, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-20 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-109-000 and EL04-37-000] Pacific Gas and Electric Co.; Notice of Initiation of Proceeding and Refund Effective Date January 5, 2004. Take notice that on December 30, 2003, the Commission issued an order in the above-indicated Docket Nos. initiating a proceeding in Docket No. EL04-37-000 under section 206 of the Federal Power Act. The refund effective date in Docket No. EL04-37-000 will be 60 days after publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-32 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-48-003] Portland General Electric Company; Notice of Compliance Filing January 2, 2004. Take notice that on December 24, 2003, Portland General Electric Company (Portland) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, to become effective on December 3, 2003: First Revised Sheet No. 4 First Revised Sheet No. 60 First Revised Sheet No. 61 First Revised Sheet No. 79 Portland asserts that the purpose of this filing is to comply with the Commission's December 2, 2003 order in Docket Nos. RP04-48-000, 001 and 002. Portland states that on December 2, 2003, the Commission issued an order accepting Portland's tariff sheets to provide Part 284 service to be effective December 3, 2003, subject to Portland making certain specified changes relating to the calculation of Portland's depreciation rate, the crediting of penalty revenues to interruptible transportation customers, the lack of feasibility of a segmentation policy on Portland's system, and the ability of shippers to add or change primary points. Portland asserts that the purpose of its filing is to make the changes specified 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

(LNG)terminal located near Sabine Pass Channel, Louisiana. The LNG terminal will provide LNG tanker terminal services to third party shippers who would be importing LNG. Sabine LNG made the request to site, construct and operate the LNG terminal pursuant to Section 3(a) of the Natural Gas Act and part 153 of the Commission's regulations. Sabine LNG also requests the approval of the Sabine Pass LNG terminal as the place of entry for the imported LNG supplies (Docket No. CP04-47-000). Also take notice that on December 22, 2003, Cheniere Sabine Pass Pipeline Company (Cheniere Sabine) filled an application seeking a certificate of public convenience and necessity, pursuant to Section 7(c) of the NGA and part 157, Subpart A of the Commission's Regulations, to construct and operate a 120 mile pipeline and related facilities to transport natural gas on an open access basis (Docket No. CP04-38-000). Cheniere Sabine is an affiliate of Sabine LNG. Also, in Docket No. CP04-39-000, Cheniere Sabine requests a blanket certificate under Section 7(c) of the NGA and part 157, Subpart F of the Commission's regulations to perform routine activities in connection with the future construction, operation and maintenance of the proposed 120 mile pipeline. Finally, Cheniere Sabine requested authorization in Docket No. CP04-40-000 to provide the natural gas transportation services on a firm and interruptible basis pursuant to Section 7(c) of the NGA and part 284 of the Commission's Regulations. These applications are on file with the Commission and open to public inspection. These filings are 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 for TTY, contact

(202)502-8659. Any initial questions regarding these applications should be directed to Keith M. Meyer, 333 Clay Street, Suite 3400, Houston, Texas. Phone:

(713)659-1361. Cheniere Sabine will conduct a 30-day open season in January 2004 for the purpose of obtaining binding commitments for firm transportation capacity. Cheniere Sabine says that the construction and operation of its pipeline will enable new competitively priced supplies of natural gas imported through the Sabine Pass LNG terminal to reach markets all across the U.S. Cheniere has provided the minimal amount of cultural resources information necessary for staff to begin the traditional scoping process under the National Environmental Policy Act (NEPA). For projects such as this one that use the traditional authorization process, a Draft Environmental Impact Statement

(DEIS)is typically issued for public comment about 8 to 10 months from the filing date of the application. However, the Commission staff can complete and issue the DEIS only after the remaining cultural resources information is submitted. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Motions to intervene, protests and comments 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. *Comment Date:* January 23, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-15 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-128-000] Texas Eastern Transmission, LP; Notice of Tariff Filing January 2, 2004. Take notice that on December 30, 2003, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1, First Revised Sheet No. 583 and Second Revised Sheet No. 602, to be effective February 1, 2004. Texas Eastern states that the purpose of this filing is to modify Sections 8.5 and 10.2 of the General Terms and Conditions of its FERC Gas Tariff to provide that monthly invoices of Texas Eastern's customers shall be submitted, and shall be considered duly delivered, to customers by posting the invoices on Texas Eastern's LINK® System, or if requested by a customer in writing on or before February 15, 2004, by mailing the invoice to the customer by regular U.S. mail. Texas Eastern states that copies of its filing have been served on 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 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

(EWG)status to be effective as of the date of the original Application. CNC/SEGS is a corporation duly organized under the laws of California. CNC/SEGS states that it is an indirect owner of a partial interest in a solar-powered small power production facility located near Kramer Junction, California. *Comment Date:* January 15, 2004. 2. POSDEF Power Company, L.P. [Docket No. EG04-25-000] Take notice that on December 23, 2003, POSDEF Power Company, L.P. (the Applicant), with its principal office at 700 Universe Blvd., Juno Beach, Florida 33408, filed with the Federal Energy Regulatory Commission (the Commission) an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Applicant states that it is a California limited partnership engaged directly and exclusively in the business of owning and operating an approximately 44 MW coal-fueled cogeneration facility located in Stockton, California. Applicant further states that electric energy produced by the facility will be sold at wholesale. *Comment Date:* January 13, 2004. 3. El Paso Electric Company [Docket No. EL02-113-004] Take notice that on December 23, 2003, El Paso Electric Company submitted a compliance filing pursuant to the Commission's Letter Order issued October 23, 2003, 105 FERC ¶ 61,107. *Comment Date:* January 13, 2004. 4. Wolverine Power Supply Cooperative, Inc. [Docket No. ER98-411-012] Take notice that on December 23, 2003, Wolverine Power Supply Cooperative, Inc. (Wolverine) tendered for filing a triennial market power analysis in compliance with the Commission's December 23, 1997, Order in Wolverine Power Supply Cooperative, Inc., 81 FERC ¶ 61,369 (1997). *Comment Date:* January 13, 2004. 5. New York Independent System Operator, Inc. [Docket No. ER01-3001-008] Take notice that on December 23, 2003, the New York Independent System Operator, Inc. (NYISO) submitted a correction to its December 1, 2003, report on the status of its demand side management programs and the status of the addition of new generation resources in New York State. NYISO states that the filing corrects a statement that appears on page 5 of the cover letter to the report. The NYISO further states that it has served a copy of this filing upon all parties that have executed service agreements under the NYISO's Open Access Transmission Tariff and Market Administration and Control Area Services Tariff. *Comment Date:* January 13, 2004. 6. Alliant Energy Corporate Services, Inc. [Docket No. ER02-762-003] Take notice that on December 23, 2003, Alliant Energy Corporate Services, Inc.

(AESC)submitted for filing Original Sheet Nos. 27 and 28 under FERC Electric Tariff Volume No. 1, pursuant to Commission Order issued December 11, 2003 in Docket No. EL01-118-000, *et. al.* *Comment Date:* January 13, 2004. 7. American Electric Power Service Corporation, Commonwealth Edison Company, the Dayton Power and Light Company, and PJM Interconnection, L.L.C. [Docket No. ER03-262-012] Take notice that on December 22, 2003, Commonwealth Edison Company and Commonwealth Edison Company of Indiana, Inc. (collectively ComEd) submitted an informational filing to update the list of jurisdictional transmission facilities owned by ComEd which will be placed under the operational control of PJM Interconnection, L.L.C. *Comment Date:* January 12, 2004. 8. El Paso Electric Company [ Docket No. ER04-26-001] Take notice that on December 23, 2003, El Paso Electric Company

(EPE)submitted a filing in compliance with a November 24, 2003, Letter Order in Docket No. ER04-26-000. EPE states that the compliance filing contains cost data in support of EPE's rates charged for Real Power Loss service and EPE's newly issued Open Access Transmission Tariff, FERC Electric Tariff Third Revised Volume No. 1. *Comment Date:* January 13, 2004. 9. Xcel Energy Services Inc., Northern States Power Company [Docket No. ER04-92-001] Take notice that on December 23, 2003, Xcel Energy Services Inc.

(XES)on behalf of Northern States Power Company

(NSP)submitted a refund reporting compliance with the Commission's December 17, 2003, Letter Order in Docket No. ER04-92-000. *Comment Date:* January 13, 2004. 10. Bangor Energy Resale, Inc. [Docket No. ER04-326-000] Take notice that on December 23, 2003, Bangor Energy Resale, Inc. submitted a Notice of Cancellation for its market-based rate schedule. *Comment Date:* January 13, 2004. 11. Connexus Energy [Docket No. ER04-327-000] Take notice that on December 23, 2003, Connexus Energy submitted for filing revised sheets to Connexus Energy's Electric Rate Schedule FERC No. 1. Connexus Energy states that the revised sheets effect minor rate changes under Connexus Energy's contract with Elk River Municipal Utilities. Connexus Energy requests waiver of the Commission's notice requirement to allow a January 1, 2004, effective date. *Comment Date:* January 13, 2004. 12. Progress Energy, Inc. on Behalf of Carolina Power & Light Company [Docket No. ER04-328-000] Take notice that on December 23, 2003, Progress Energy, Inc. on behalf of Carolina Power & Light Company (CP&L) tendered for filing a Service Agreement for Network Integration Transmission Service and a Network Operating Agreement with Piedmont Electric Membership Corporation. CP&L is requesting an effective date of January 1, 2004, for this Service Agreement. CP&L further states that a copy of the filing was served upon the North Carolina Utilities Commission and the South Carolina Public Service Commission. *Comment Date:* January 13, 2004. 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. E4-37 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-39-000, et al.] Duke Energy Trading and Marketing, L.L.C., et al.; Electric Rate and Corporate Filings December 31, 2003. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Duke Energy Trading and Marketing, L.L.C. [Docket No. EC04-39-000] Take notice that on December 19, 2003, Duke Energy Trading and Marketing, L.L.C.

(DETM)filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization of the transfer by DETM of certain wholesale power contracts to Morgan Stanley Capital Group Inc. *Comment Date:* January 13, 2004. 2. Duke Energy Vermillion, L.L.C. [Docket Nos. EC04-41-000 and ER04-320-000] Take notice that on December 19, 2003, Duke Energy Vermillion, L.L.C. (Duke Vermillion) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act

(FPA)for authorization to transfer an undivided ownership interest to Wabash Valley Power Association, Inc. (Wabash) of FPA-jurisdictional interconnection facilities and related books and records associated with the proposed sale to Wabash of a 25% undivided ownership interest in Duke Vermillion's approximately 648 MW generation facility located in Vermillion County, Indiana (the Transaction). Duke Vermillion requests confidential treatment for the documents contained in Exhibit I of the section 203 application. Duke Vermillion also tendered for filing pursuant to section 205 of the FPA as a rate schedule an ownership and operation agreement that Duke Vermillion and Wabash will enter into a closing which will govern the joint ownership and operation of the Facility. Duke Vermillion requests that the ownership and operation agreement rate schedule not become effective until the date the Transaction closes. *Comment Date:* January 9, 2004. 3. Cargill Power Markets, L.L.C. v. Midwest Independent Transmission System Operator, Inc. [Docket No. EL04-46-000] Take notice that on December 29, 2003, Cargill Power Markets, L.L.C. (CPM), filed a complaint against Midwest Independent Transmission System Operator, Inc. (MISO). CPM alleges that MISO has violated its open access transmission tariff and Commission policy when processing its queue when eligible customers have submitted competing transmission service requests for transmission capacity over certain congested facilities for which incumbent transmission customers have exercised their “rollover rights.” CPM states that the complaint was served on MISO on December 29, 2003. *Comment Date:* January 20, 2004. 4. TECO Energy Soures, Inc., Panda Gila River, L.P., TECO PANDA Generating Co., L.P., TPS Dell, L.L.C., TPS McAdams, L.L.C., Union Power Partners, L.P. [Docket Nos. ER96-1563-018, ER01-931-003, ER02-1000-002, ER02-510-001, ER02-507-001, and ER01-930-003] Take notice that on December 17, 2003, the above referenced companies, tendered a compliance filing in accordance with the Commission's Order issued November 17, 2003, in Docket Nos. EL01-118-000 and 001, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorization, 105 FERC ¶ 61,218 (2003). *Comment Date:* January 14, 2004. 5. Oklahoma Gas And Electric Company, OGE Energy Resources, Inc. [Docket Nos. ER98-511-002 and ER97-4345-014] Take notice that on December 22, 2003, Oklahoma Gas and Electric Company and OGE Energy Resources, Inc., energy affiliates, jointly filed a triennial market power update in support of their market pricing authority. In addition, they submitted revised versions of their market based rate tariffs in accordance with the Commission's Order issued November 17, 2003, in Docket Nos. EL01-118-000 and 001. *Comment Date:* January 14, 2003. 6. Southern Company Services, Inc. [Docket No. ER02-851-013] Take notice that on December 16, 2003, Southern Company Services, Inc. tendered for filing revisions of a calculation concerning the payment of Settlement refunds submitted in Docket No. ER02-851-013 on November 21, 2003. *Comment Date:* January 6, 2003. 7. Chanarambie Power Partners, L.L.C. [Docket No. ER03-1340-003] Take notice that on December 22, 2003, Chanarambie Power Partners, L.L.C., revised the effective date of pages 2 and 3 of its market-based wholesale power sales tariff filed in December 19, 2003, in ER03-1340-002. *Comment Date:* January 12, 2004. 8. Progress Energy, Inc. on behalf of Florida Power Corporation [Docket No. ER03-1402-001] Take notice that on December 22, 2003, Florida Power Corporation

(FPC)tendered for filing in compliance with Commission's Order issued November 28, 2003, revisions to their Operating Agreement between FPC d/b/a/ Progress Energy Florida, Inc. and Gainesville Regional Utilities. FPC states that a copy of this filing was served upon the Florida Public Service Commission and the North Carolina Utilities Commission. *Comment Date:* January 12, 2004. 9. FPL Energy VG Repower Wind, L.L.C. [Docket No. ER04-167-000] Take notice that on December 22, 2003, FPL Energy VG Repower Wind, L.L.C. tendered for filing a withdrawal of its Application for Market-based Rate Authority filed on November 5, 2003. *Comment Date:* January 12, 2004. 10. FPL Energy 251 Wind, L.L.C. [Docket No. ER04-168-000] Take notice that on December 22, 2003, FPL Energy 251 Wind, LLC tendered for filing a withdrawal of its Application for Market-based Rate Authority filed on November 5, 2003. *Comment Date:* January 12, 2004. 11. Delmarva Power & Light Company [Docket No. ER04-188-001] Take notice that on December 22, 2003, Delmarva Power & Light Company (Delmarva) tendered for filing a revised executed Interconnection Agreement (the Revised Lewes IA) with the City of Lewes, Delaware (Lewes). Delmarva states that copies of the filing were served upon the City of Lewes and the Delaware Public Service Commission. *Comment Date:* January 12, 2004. 12. Unitil Resources, Inc. [Docket No. ER04-319-000] Take notice that on December 22, 2003, Unitil Resources, Inc.

(URI)filed a Notice of Cancellation with the Federal Energy Regulatory Commission pursuant to sections 35.15 and 131.53 of the Commission's rules and regulations, 18 CFR 35.15 and 131.53. URI seeks to cancel its rate schedule for power sales at market-based rates, designated as Rate Schedule FERC No. 1. URI requests that the cancellation be made effective as of December 23, 2003. *Comment Date:* January 12, 2004. 13. Gilroy Energy Center, LLC [Docket No. ER04-321-000] On December 22, 2003, Gilroy Energy Center, LLC (Gilroy) filed an unexecuted Must-Run Service Agreement and accompanying schedules (RMR Agreement) between Gilroy and the California Independent System Operator Corporation

(ISO)setting forth the rates, terms and conditions under which Gilroy will provide reliability must-run services to the ISO. *Comment Date:* January 12, 2004. 14. Portland General Electric Company [Docket No. ER03-322-000] Take notice that on December 22, 2003, Portland General Electric Company

(PGE)filed revised tariff sheets to its Open Access Transmission Tariff. PGE states that the revised sheets are intended to:

(1)Describe Retail Network Integration Transmission Service to facilitate open access service in the PGE's service area; and

(2)set forth the rates for the Retail Network Integration Transmission Service. PGE requests an effective date of March 1, 2004. *Comment Date:* January 12, 2004. 15. Los Esteros Critical Energy Facility, LLC [Docket No. ER04-323-000] On December 22, 2003, Los Esteros Critical Energy Facility, LLC (Los Esteros) filed an unexecuted Must-Run Service Agreement and accompanying schedules (RMR Agreement) between Los Esteros and the California Independent System Operator Corporation

(ISO)setting forth the rates, terms and conditions under which Los Esteros will provide reliability must-run services to the ISO. *Comment Date:* January 12, 2004. 16. Creed Energy Center, LLC [Docket No. ER04-324-000] On December 22, 2003, Creed Energy Center, LLC (Creed) filed an unexecuted Must-Run Service Agreement and accompanying schedules (RMR Agreement) between Creed and the California Independent System Operator Corporation

(ISO)setting forth the rates, terms and conditions under which Creed will provide reliability must-run services to the ISO. *Comment Date:* January 12, 2004. 17. Goose Haven Energy Center, LLC [Docket No. ER04-325-000] On December 22, 2003, Goose Haven Energy Center, LLC (Goose Haven) filed an unexecuted Must-Run Service Agreement and accompanying schedules (RMR Agreement) between Goose Haven and the California Independent System Operator Corporation

(ISO)setting forth the rates, terms and conditions under which Goose Haven will provide reliability must-run services to the ISO. *Comment Date:* January 12, 2004. 18. New England Power Pool [Docket No. ER04-331-000] Take notice that on December 24, 2003, the New England Power Pool (NEPOOL) Participants Committee filed the One Hundred First Agreement Amending New England Power Pool Agreement (the Amendment) which modifies prospectively how NEPOOL expenses are to be shared among members of the Generation and Supplier Sectors. NEPOOL has requested that the Amendment become effective as of January 1, 2004. The NEPOOL Participants Committee states that copies of these materials were sent to the NEPOOL Participants and the New England state governors and regulatory commissions. *Comment Date:* January 14, 2004. 19. Southeast Chicago Energy Project, LLC [Docket No. ER04-333-000] Take notice that on December 22, 2003, Southeast Chicago Energy Project, LLC (Southeast Chicago) tendered for filing an amendment to its cost-based rate wholesale power sales agreement between Southeast Chicago and Exelon Generation Company, LLC, to provide Black Start Service. *Comment Date:* January 12, 2004. 20. PPL Electric Utilities Corporation [Docket No. ES04-1-002] Take notice that on December 31, 2003, PPL Electric Utilities Corporation, submitted further information in support of its application filed on October 10, 2003, pursuant to section 204 of the Federal Power Act, seeking authorization to issue short-term debt in an aggregate face amount not to exceed $600 million. *Comment Date:* January 9, 2004. 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. E4-36 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-36-000, CP04-41-000, and PF03-4-000] Weaver's Cove Energy, L.L.C. and Mill River Pipeline, L.L.C.; Notice of Status Change of Environmental Review and Expiration of Scoping Period for the Proposed Weaver's Cove LNG Project December 31, 2003. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental impact statement

(EIS)that will discuss the environmental impacts of Weaver's Cove Energy L.L.C.'s and Mill River Pipeline L.L.C.'s (collectively referred to as Weaver's Cove) proposed Weaver's Cove LNG Project, which includes facilities in Fall River, Somerset, Swansea, and Freetown, Massachusetts. On December 30, 2003, the Commission gave notice that on December 19, 2003, in Docket Nos. CP04-36-000 and CP04-41-000, Weaver's Cove's applications were filed with the Commission under section 3 and section 7 of the Natural Gas Act and part 153, part 157, and part 284 of the Commission's regulations. That notice gave a deadline of January 13, 2004, for the filing of motions to intervene, protests and comments. The instant notice announces a final opportunity for interested stakeholders to submit comments on the Weaver's Cove LNG Project before the close of the scoping period. Details on how to submit written comments are provided in the public participation section of this notice. Please note that the scoping period will close on January 30, 2004. We 1 are sending this notice to residences within 0.5 mile of the proposed LNG terminal site; potentially-affected landowners along the proposed pipeline routes; Federal, State, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; and local libraries and newspapers. We have asked State and local government representatives to notify their constituents of this planned action and encourage them to comment on their areas of concern. 1 “We,” “us,” and “our” refer to the environmental staff of the Office of Energy Projects. Summary of the Proposed Project Weaver's Cove proposes to construct and operate a liquefied natural gas

(LNG)import terminal and natural gas pipelines to import LNG and deliver a baseload sendout of 400 million cubic feet per day (MMcf/d), and a peak sendout of 800 MMcf/d to markets in New England. The facilities would consist of: • A pier and unloading facilities capable of receiving LNG tankers with a capacity of up to 145,000 cubic meters; • One LNG storage tank with a capacity of 200,000 cubic meters (4.4 billion cubic feet of gas equivalent); • Four shell and tube vaporizers supplied by 12 natural gas fired heaters; • Four truck loading stations to deliver LNG to other storage facilities in the northeastern United States; • Ancillary utilities, buildings, and service facilities; • Two 24-inch-diameter pipelines (the 2.52-mile-long Western Pipeline and the 3.6-mile-long Northern Pipeline) to interconnect with the Algonquin Gas Transmission Company pipeline system; and • Two meter and regulation stations. A map depicting the proposed terminal site and the two pipeline routes is provided in appendix 1. 2 3 2 Requests for detailed maps of the facilities may be made to the company directly. Call or e-mail: local 508-678-5700, toll free 1-877-633-5700, or *info@weaverscove.com.* Be as specific as you can about the location(s) of your area(s) of interest. 3 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices are available on the Commission(s website ( *http://www.ferc.gov* ) at the (eLibrary( link or from the Commission(s Public Reference and Files Maintenance Branch, 888 First Street, NE., Washington, DC 20426, or call at

(202)502-8371. For instructions on connecting to eLibrary refer to the last two pages of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Weaver's Cove is requesting approval to begin construction of the LNG facilities by late 2004. The approximate duration of construction of the terminal facilities would be 3 years. The duration of pipeline construction would be approximately 5 months. Weaver's Cove proposes to place the project in service in the fourth quarter of 2007. Land Requirements The proposed LNG terminal would be on a 73-acre site zoned for industrial use on the Taunton River in Fall River, Massachusetts. The site has been formerly used as an oil refinery and a marine import terminal for petroleum products. The riverfront areas of the site are in a Designated Port Area as defined by the Massachusetts Coastal Zone Management plan. The project would also require maintenance and improvement dredging of approximately 7 miles of the Federal Navigation Channel within Mount Hope Bay and the Taunton River and a turning basin within the Taunton River to enable the LNG tankers to access the proposed site. The dredging would occur in Massachusetts and Rhode Island. The total volume of dredging including overdredge is anticipated to be about 2,500,000 cubic yards. Weaver's Cove is proposing to reuse the dredged material at the terminal site as general fill material and would create landforms with the material to provide a visual barrier. Dredge disposal alternatives being investigated by Weaver's Cove include confined aquatic disposal cell, confined disposal, or ocean disposal methods. The EIS Process The Commission will be the lead Federal agency for this EIS process which is being conducted to satisfy the requirements of the National Environmental Policy Act (NEPA). The Commission will use the EIS to consider the environmental impacts that could result if it issues a Certificate of Public Convenience and Necessity under section 7, and an import authorization under section 3, of the Natural Gas Act for the proposed project. The U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, Region 1, and the U.S. Coast Guard have agreed to be cooperating agencies and will use the EIS in their decision-making processes. The EIS will also be used by the Massachusetts Executive Office of Environmental Affairs

(EOEA)pursuant to a Special Review Procedure established by the Secretary of Environmental Affairs to comply with the Massachusetts Environmental Policy Act regulations. By this notice, we are formally requesting additional comments and announcing the closing of the process referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EIS on the important environmental issues. We are soliciting input from the public and interested agencies to help us focus the analysis in the EIS on the potentially significant environmental issues related to the proposed action. All comments received will be considered during the preparation of the EIS which will include our independent analysis of the identified issues. For the Weaver's Cove LNG Project, the scoping process began on May 2, 2003, with an interagency meeting in Fall River, Massachusetts to discuss the project and the environmental review process with Weaver's Cove and other key Federal and state agencies. On July 11, 2003, the Commission issued a Notice of Intent to Prepare an EIS for the proposed Weaver's Cove LNG Project, request for comments on environmental issues, and notice of joint public scoping meeting (NOI). The FERC staff subsequently conducted a joint public scoping meeting with the Massachusetts EOEA in Swansea, Massachusetts on July 29, 2003, to receive oral comments and concerns about the project. Prior to receipt of a formal application, the NOI announced that the FERC Staff was initiating its NEPA Pre-filing review on Weaver's Cove's project under Docket No. PF03-4-000. 4 The purpose of the FERC's NEPA Pre-filing Process is to:

(1)Establish a framework for constructive discussion between the project proponents, potentially affected landowners, agencies, and the Commission staff;

(2)encourage the early involvement of interested stakeholders to identify issues and study needs; and

(3)attempt to identify and resolve issues early, before an application is filed with the FERC. 4 To view the NOI and any information filed under PF03-4-000, follow the instructions for using the eLibrary link at the end of this notice. Our independent analysis of the proposed project will be included in a draft EIS. The draft EIS will be published and mailed to Federal, State, and local agencies, public interest groups, interested individuals, affected landowners, Native American tribes, newspapers, libraries, and the Commission's official service list for this proceeding. A 45-day comment period will be allotted for review of the draft EIS. We will consider all timely comments on the draft EIS and revise the document, as necessary, before issuing the final EIS. In addition, we will consider all comments on the final EIS before we make our recommendations to the Commission. With this notice, we are asking other Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to the environmental issues to formally cooperate with us in the preparation of the EIS. These agencies may choose to participate once they have evaluated the proposal relative to their responsibilities. Agencies which would like to request cooperating status should follow the instructions for filing comments described later in this notice. If you are an affected property owner receiving this letter, a Weaver's Cove representative may contact you about the acquisition of an easement to construct, operate, and maintain the planned facilities. You may have already been contacted by Weaver's Cove about the Weaver's Cove LNG Project. A fact sheet has been prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Public Participation You can make a difference by providing us with your specific comments or concerns about the project. If you provided comments to us during the pre-filing period, you do not need to resubmit them. For those who will submit comments for the first time, you should focus your comments on the potential environmental effects, reasonable alternatives (including alternative locations), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please mail your comments so they will be received in Washington, DC on or before January 30, 2004, and carefully follow these instructions: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of your comments for the attention of Gas Branch 1; and • Reference Docket Nos. CP04-36-000 and CP04-41-000 on the original and both copies. The Commission strongly encourages you to file your comments 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 and the link to the User's Guide. Before you can file comments you will need to create a free account by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” Becoming an Intervenor In addition to involvement in the EIS scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. As mentioned before, the Commission issued on December 30, 2003, a notice announcing the filing of the applications and a deadline of January 13, 2004, to file motions to intervene, protests and comments in this proceeding. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Availability of Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208 FERC

(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance with eLibrary, the eLibrary helpline can be reached at 1-866-208-3676, TTY

(202)502-8659, or at *FERConlinesupport@ferc.gov.* The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . Weaver's Cove has established an Internet Web site for this project at *http://www.weaverscoveenergy.com* . The Web site includes a description of the project, an overview map of the terminal site and pipeline routes, and a link for the public to submit comments on the project. Weaver's Cove will continue to update its website with information about the project, and will always accept comments. Finally, any future public meetings or site visits will be 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. E4-35 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing; Ready for Environmental Analysis; and Soliciting Motions To Intervene and Protests, Comments, Recommendations, Terms and Conditions, and Prescriptions January 2, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection. a. *Type of Applications:* New major licenses. b. *Project Nos.:* 2130-033, 2118-007, 2005-012, and 2067-020. c. *Dates Filed:* P-2130 and P-2118 filed December 26, 2002; P-2005 and P-2067 filed December 23, 2002. d. *Applicants:* Pacific Gas and Electric Company, current licensee for P-2130 and P-2118; and Tri-Dam Project, current licensee for P-2005 and P-2067. e. *Names of Projects:* Spring Gap-Stanislaus Project No. 2130-033, Donnells-Curtis Transmission Line Project No. 2118-007, Beardsley/Donnells Project No. 2005-012, and Tulloch Project No. 2067-020. f. *Location:* On the Middle Fork, South Fork, and mainstem of the Stanislaus River in Tuolumne and Calaveras counties, California. All of the Beardsley/Donnells Project, most of the Spring Gap-Stanislaus Project, and all of the Donnell-Curtis Transmission Line Project are located within the Stanislaus National Forest. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contacts:* Mr. Randy Livingston, Pacific Gas and Electric Company, P.O. Box 770000, Mail Code: N11C, San Francisco, CA 94117; and Mr. Steve Felte, Tri-Dam Project, P.O. Box 1158, Pinecrest, CA 95364. i. *FERC Contact:* Susan O'Brien, *susan.obrien@ferc.gov* ,

(202)502-8449. j. *Deadline for Filing Motions to Intervene and Protests, Comments, Recommendations, Terms and Conditions, and Prescriptions:* 60 days from the issuance date 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. Motions to intervene and protests, 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 Spring Gap-Stanislaus Project is composed of four developments: Relief, Pinecrest, Spring Gap, and Stanislaus. It has a combined capacity of 98 MW. The existing Donnells-Curtis Transmission Line Project is a 115 kV transmission line. Portions of the transmission line under FERC jurisdiction include an 8-mile segment extending from Donnells Powerhouse to Spring Gap Junction and the 2.2-mile tap line from Beardsley Powerhouse to Beardsley Junction. The existing Beardsley/Donnell Project is composed of the Beardsley and Donnell Developments and has a combined capacity of 64 MW. The existing Tulloch Project is composed of a single development and has a capacity of 17.1 MW. m. Copies of the applications are 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. Copies are also available for inspection and reproduction at the addresses in item h above. All filings must

(1)bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “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 email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. *Procedural schedule:* The remaining schedule for processing this relicense application is revised as shown below. Revisions to this schedule may be made as appropriate. Milestone Target date Issue scoping document 2 December 2003 Notice accepting applications and ready for environmental analysis, solicit motions to intervene December 2003 Issue acceptance letters and request clarification December 2003 Notice of the availability of the draft EIS document April 2004 Initiate 10(j) process May 2004 Notice of the availability of the final EIS document October 2004 Ready for Commission decision on the application December 2004 Linda Mitry, Acting Secretary. [FR Doc. E4-17 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Transfer of License and Soliciting Comments, Motions To Intervene, and Protests January 2, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Partial Transfer of License. b. *Project No:* 4784-063. c. *Date Filed:* December 11, 2003. d. *Applicants:* UtilCo Group Inc. (Transferor), UtilCo SaleCo, LLC (Transferee), Chrysler Capital Corporation and Topsham Hydro Partners Limited Partnership (Co-licensees). e. *Name and Location of Project:* The Pejepscot Hydroelectric Project is located on the Androscoggin River in the town of Topsham, in Sagadahoc, Cumberland and Androscoggin Counties, Maine. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). g. *Applicant Contacts:* For Transferor: Victor A. Contract, Orrick, Herrington & Sutcliffe LLP, 3050 K Street, NW., Washington, DC 20007,

(202)339-8495. For Transferee: Brogan Sullivan, Assistant General Counsel, UtilCo Group Inc. c/o Aquila, Inc., 20 W. Ninth Street, Kansas City, MO 64105,

(816)467-3659. h. *FERC Contact:* Lynn R. Miles

(202)502-8763. i. *Deadline for filing comments, protests, and motions to intervene:* January 23, 2004. 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. 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 under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-4784-063) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all interveners filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener 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 documents on that resource agency. j. *Description of Application:* The Transferor and Transferee request that the license be modified to reflect a partial transfer of license from transferor, as a co-licensee for the project, to transferee, a newly-formed affiliate of transferor. The named Co-licensees would remain as such. k. 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 “FERRIS” link. Enter the project number excluding the last three digits (P-4784) 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 addresses in item g. above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. *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. n. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. o. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application 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. Linda Mitry, Acting Secretary. [FR Doc. E4-18 Filed 1-9-04; 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 January 6, 2004. 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:* 2210-095, 2210-096 and 2210-097. c. *Dates Filed:* P-2210-095 was filed on November 10, 2003, P-2210-096 was filed on November 17, 2003, and P-2210-097 was filed on November 13, 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:* February 6, 2004. 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-2210-095, -096, or -097) 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:* APC is requesting approval of non-project uses of project lands for the proposals described below. P-2210-095—Request for approval for Resource Partnership L.L.C to install and operate within the project boundary 15 docks with a total of 62 covered stationary slips and 30 floaters. The docks and associated facilities will serve multi-family dwellings and single family homes. Construction would take place along the Blackwater River portion of the project at an area known as the Cottages at Contentment Island. There is no dredging associated with the proposal. P-2210-096—Request for approval for Bayview Holdings L.L.C. to install and operate three docks with a total of 31 covered stationery slips. Construction would take place along the Roanoke River at an area identified as Emerald Bay. No dredging will be needed. P-2210-097—Request for approval for Harbor Ridge Homeowners Association to install and operate an additional 7 covered stationery slips to a dock that has two slips. These slips, along with an existing dock with 15 slips, will serve multi-family type dwellings. Construction would take place along the Roanoke River at a site known as Harbor Ridge. 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, DC 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. E4-38 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Request To Amend License and To Solicit Comments, Motions To Intervene, and Protests January 6, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of license to delete license Article 411. b. *Project No:* 11264-027. c. *Date Filed:* April 30, 2003. d. *Applicant:* South Yadkin Power, Inc. e. *Name of Project:* Cooleemee Hydro Project. f. *Location:* The project is located on the South Yadkin River in Davie County, North Carolina. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791

(a)825(r) and 799 and 801. h. *Applicant Contact:* Mrs. Pearlie Bullock, South Yadkin Power, Inc., 6898-A Coltrane Mill Road, Greensboro, NC 27406,

(336)674-6293. i. *FERC Contacts:* Any questions on this notice should be addressed to Ms. Shana High at

(202)502-8674, or e-mail address: *shana.high@ferc.gov* . j. *Deadline for Filing Comments and or Motions:* February 6, 2004. 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-11264-027) 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 under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Article 411 requires South Yadkin Power, Inc. to file a final recreation plan providing for a canoe portage and associated directional signs. The April 30, 2003, application specifically requests that South Yadkin Power, Inc. be relieved of the responsibility of the canoe portage trail since a canoe portage trail is constructed on the opposite side of the river within RiverPark. l. *Location of the Applications:* The filings are available for review at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, 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 call the Helpline at

(866)208-3676 or contact *FERCOnLineSupport@ferc.gov* . For TTY, contact

(202)502-8659. 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. A copy 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. q. 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. Magalie R. Salas, Secretary. [FR Doc. E4-39 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests January 6, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No:* 12480-000. c. *Date Filed:* November 12, 2003. d. *Applicant:* The Eastern Shoshone Tribe of the Wind River Reservation. e. *Name of Project:* Eastern Shoshone Wind River Hydroelectric Project. f. *Location:* The proposed project would be located at the Bureau of Reclamation's

(BOR)Wind River Diversion Dam, on the Big Wind River within Fremont County, Wyoming, on the sovereign territory of the Wind River Reservation. A portion of the project area includes lands owned by the BOR and the United States in trust for the Eastern Shoshone and Northern Arapaho Tribes. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contacts:* Eastern Shoshone Tribe of the Wind river Reservation, 14 North Fork Road, P.O. Box 538, Fort Washakie, WY 82520-0538,

(307)332-3532. Vernon Hill, Chairman, Shoshone Business Council, Eastern Shoshone Tribe, P.O. Box 538, Fort Washakie, WY 82514. Don Clary, Holland & Knight, LLP, 633 West Fifth Street, Suite 2100, Los Angeles, CA 90071,

(213)896-2450. i. *FERC Contact:* Mr. Lynn R. Miles,

(202)502-8763. j. *Deadline for filing motions to intervene, protests and comments:* 60 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. 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 under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12480-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener 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. k. *Competing Application:* Project No. 12457-000, Date Filed: May 20, 2003, Date Issued: August 15, 2003, Due Date: November 15, 2003. l. *Description of Project:* The proposed run-of-river project using the BOR's existing Wind River Diversion Dam would consist of:

(1)A penstock,

(2)a powerhouse containing one generating unit with a total installed capacity of 1 MW,

(3)an existing transmission line, and

(4)appurtenant facilities. The project would have an annual generation of 4.5 GWh. m. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling

(202)502-8371. This filing may also 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, 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. n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. o. *Competing Preliminary Permit:* Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. p. *Competing Development Application:* Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. q. *Notice of Intent:* A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. r. *Proposed Scope of Studies Under Permit:* A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. s. *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, 385.211, 385.214. 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. t. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. 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 under the “e-Filing” link. The Commission strongly encourages electronic filings u. *Agency Comments:* Federal, State, and local agencies are invited to file comments on the described application. A copy of the application 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. E4-40 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RT02-2-000, RT04-2-000, ER04-116-000, and ER04-157-000] State-Federal Regional RTO Panels, ISO New England Inc., Bangor Hydro-Electric Company, New England Transmission Owners; Notice of State-Federal Regional Panel Discussion January 2, 2004. At the request of the New England Conference of Public Utility Commissioners (NECPUC), on January 8, 2004, from approximately 1 p.m. to 3 p.m. members of the Federal Energy Regulatory Commission will hold a discussion with NECPUC Commissioners and staff to discuss issues that are related to ISO New England Inc. RTO formation currently pending before the Commission. This conference is established pursuant to the Order Announcing the Establishment of State-Federal Regional Panels to Address RTO Issues, Modifying the Application of Rule 2201 in the Captioned Dockets, and Clarifying Order No. 607, 97 FERC ¶ 61,182 (2001), reh'g denied, 98 FERC ¶ 61,309 (2002), amended by 99 FERC ¶ 61,092 (2002). Attendance at this meeting is limited to the Commission, NECPUC commissioners, and their respective staffs. To accommodate Federal sunshine rules, the meeting will not be attended by more than two FERC Commissioners at the same time. The discussion will take place at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. A transcript of the discussion will be placed in the above-captioned dockets. Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. They will be available for the public on the Commission's eLibrary system seven calendar days after FERC receives the transcript. Linda Mitry, Acting Secretary. [FR Doc. E4-13 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the Record Communications; Public Notice January 2, 2004. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of exempt and prohibited off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or prohibited off-the-record communication relevant to the merit's of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of prohibited and exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are 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 (FERRIS) 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 for TTY, contact (202)502-8659. Prohibited Docket No. Date filed Presenter or requester 1. CP04-12-000 12-19-03 Gary H. Harding, Alice L. Epstein. 2. CP04-12-000 12-19-03 Cheryl Moore. 3. CP04-12-000 12-19-03 L. Karl Roller. 4. Project No. 2342-000 12-29-03 Karen Janda. Exempt Docket No. Date filed Presenter or requester 1. Project No. 2630-000 12-17-03 Nicholas Jayjack. 2. Project Nos. 1930-000, 2290-000 12-19-03 Philip Scordelis. 3. Project No. 1971-000 12-19-03 Bev Stultz. 4. Project No. 11659-000 12-29-03 Robert Easton (to: Eric Cutler). 5. Project No. 11659-000 12-29-03 Robert Easton (to: Richard Levitt). Linda Mitry, Acting Secretary. [FR Doc. E4-19 Filed 1-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Sacramento Area Voltage Support Project (DOE/EIS-0323) AGENCY: Western Area Power Administration, DOE. ACTION: Record of Decision. SUMMARY: Based upon the analysis and information contained in the Sacramento Area Voltage Support

(SVS)Environmental Impact Statement (EIS), the Western Area Power Administration (Western) has decided that, should the SVS project proceed, it should follow the configuration of the preferred alternative described in the SVS Final EIS. This alternative is identified as Proposed Action Option B and would consist of

(1)reconductoring a double-circuit, 230-kilovolt

(kV)transmission line from Elverta Substation to Tracy Substation,

(2)constructing a new double-circuit, 230-kV transmission line from O'Banion Substation to Elverta Substation, and

(3)realigning the transmission line near Pleasant Grove Cemetery between O'Banion and Elverta substations and Option B of the Cottonwood-Roseville single-circuit, 230-kV transmission line. In making this decision, Western evaluated

(1)alternatives to the proposed project, and

(2)alternatives that cover the reasonable range of options to complete enhancements to the 230-kV power transmission system between O'Banion and Tracy substations. These transmission enhancements and additions are necessary to maintain transmission security and reliability. Of the alternatives evaluated, Proposed Action Option B provides the highest degree of security and reliability for voltage support while having relatively few environmental impacts. FOR FURTHER INFORMATION CONTACT: Ms. Loreen McMahon, Environmental Project Manager, Sierra Nevada Customer Service Region, Western Area Power Administration, 114 Parkshore Drive, Folsom, CA 95630-4710, telephone

(916)353-4460, e-mail *mcmahon@wapa.gov.* For information about the Department of Energy

(DOE)National Environmental Policy Act

(NEPA)process, contact Ms. 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: Population growth and development in the Sacramento, California, area has steadily increased electricity demand. The need for generation interconnections and operational flexibility in using existing electrical transmission facilities has increased. These factors combine to reduce security and reliability of the interconnected transmission system, which includes Western's Federal transmission system. While Western is not responsible for the load growth, transmission lines in the Sacramento area have reached their maximum transfer limits in serving existing needs. New transmission and transmission upgrades are needed to mitigate transmission line overload, reduce the frequency of automatic generation and load curtailment during the summer peak load periods, and help maintain reliability of the interconnected system operation. Power system studies conducted by the Sacramento Area Transmission Planning Group and the River City Transmission Group concluded that transmission additions in the Sacramento area are needed to alleviate voltage sag and ensure power system reliability. The EIS analyzed environmental impacts of alternatives identified to improve electric system reliability and provide voltage support for the Sacramento area. Alternatives Western identified five broad alternative categories (new power generation, demand-side management (DSM), distributed generation, new transmission, and transmission upgrades) in its Notice of Intent (65 FR 48496) to prepare this EIS. Between September 12 through September 21, 2000, Western conducted a series of four scoping meetings in Lodi, Marysville, and Folsom, California. Public scoping comments were collected from August 8 through October 2, 2000. Western held two public workshops (March and September 2001) to address public comments on the broad selection of alternatives under consideration. The results of public scoping meetings, workshops, meetings with agencies, and transmission system studies contributed to identifying the alternatives carried forward for detailed review. Alternatives eliminated from detailed review included new power generation, DSM, and distributed generation. New power generation and distributed generation alternatives will not solve short-term voltage support and reliability issues. DSM would be more applicable to the distribution of electricity, and the local utilities have implemented programs to decrease electrical loads during peak-use hours. Western believes that in the short term, imposing regulations of this type would not solve the reliability issues. The alternatives carried forward for detailed analysis included new transmission and transmission upgrades. To minimize environmental impacts, Western incorporated standard Environmental Protection Measures

(EPM)into the project description for the Proposed Action and all alternatives. Detailed evaluation of the Proposed Action and alternatives in the Draft EIS considered the three types of project activities below. 1. Reconductoring would consist of replacing the existing transmission line conductors (wires) with higher capacity conductors. In general, the existing rights-of-way

(ROW)would be used, although some new structures may be needed. 2. New construction of transmission lines would include designing and building new structures and installing new conductors. New construction would occur on existing ROW where possible or require new ROW in parallel with existing ROW. 3. Realignment would include route deviations from Western's existing transmission lines. The Notice of Availability

(NOA)for the Draft EIS was published in the **Federal Register** on November 15, 2002, followed by a 45-day public comment period. During the public comment period, three public hearings were held: December 9, 2002, in Lodi, California; December 11, 2002, in Folsom, California; and December 12, 2002, in Marysville, California. Comments on the Draft EIS were made at the public hearings and were sent to Western via mail, telephone, and e-mail. A total of 117 comments were received from 28 individuals, companies, and government agencies. Comments to the Draft EIS prompted a minor modification to avoid residential property. This modification affects two of the alternatives, resulting in adding two alternatives as described in the Final EIS. The description and impacts of the modification are identical for both the Proposed Action and Alternative 2. The title description “Option A” was added to the original project description of the Proposed Action and Alternative 2. The title description “Option B” was added to the modified alignments. The Final EIS is an abbreviated version, which references the Draft EIS in its entirety. The Final EIS identifies the Preferred Alternative and provides corrections to the Draft EIS, additional information not included in the Draft EIS, public comments, Western's responses to those comments, and analyses of the modification applicable to the Proposed Action and Alternative 2. Option A and Option B of the Proposed Action, as well as the other alternatives, are described below. Proposed Action *Option A:* This is the original alignment of the Proposed Action. It would consist of

(1)Reconductoring 73.2 miles of double-circuit, 230-kV transmission line from Elverta Substation to Tracy Substation,

(2)constructing 26.6 miles of new double-circuit, 230-kV transmission line from O'Banion Substation to Elverta Substation, and

(3)realigning the transmission line near Pleasant Grove Cemetery, between O'Banion and Elverta substations and 5 miles of the Cottonwood-Roseville single-circuit, 230-kV transmission line north of Elverta Substation. *Option B:* This is the modified alignment of the Proposed Action. It would consist of

(1)Reconductoring 73.2 miles of double-circuit, 230-kV transmission line from Elverta Substation to Tracy Substation,

(2)constructing 26.6 miles of new double-circuit, 230-kV transmission line from O'Banion Substation to Elverta Substation, and

(3)realigning the transmission line near Pleasant Grove Cemetery, between O'Banion and Elverta substations, and 6.1 miles of the Cottonwood-Roseville single-circuit, 230-kV transmission line. This modified realignment of the Cottonwood-Roseville line would extend about 2 miles east of the original alignment and then traverse south. Alternative 1 Reconductoring Transmission Lines between O'Banion and Tracy substations would consist of reconductoring 99.8 miles of the existing double-circuit and single-circuit, 230-kV transmission lines from O'Banion Substation to Tracy Substation. Alternative 2 *Option A:* New Transmission from O'Banion Substation to Elverta Substation is the original alignment of Alternative 2. It would consist of

(1)constructing 26.6 miles of new double-circuit, 230-kV transmission line from O'Banion Substation to Elverta Substation, and

(2)realigning the transmission line near Pleasant Grove Cemetery and 5 miles of the Cottonwood-Roseville single-circuit, 230-kV transmission line north of Elverta Substation. *Option B:* New Transmission from O'Banion Substation to Elverta Substation is the modified alignment of Alternative 2. It would consist of

(1)constructing 26.6 miles of new double-circuit, 230-kV transmission line from O'Banion Substation to Elverta Substation, and

(2)realigning the transmission line near Pleasant Grove Cemetery and 6.1 miles of the Cottonwood-Roseville single-circuit, 230-kV transmission line. This modified realignment of the Cottonwood-Roseville line would extend about 2 miles east of the original alignment then traverse south. Alternative 3 New Transmission from Elk Grove Substation to Tracy Substation would consist of constructing 46.2 miles of new double-circuit, 230-kV transmission line from Elk Grove Substation to Tracy Substation. No Action Alternative The No Action Alternative would involve unchanged operation of the existing transmission line system. Western would not develop or build additional transmission lines or substation facilities in the study area relative to voltage support. The NOA of the Final EIS was published in the **Federal Register** on September 19, 2003. Western publicized the Notice of Intent, public scoping meetings, public hearings, and availability of the Draft EIS in local newspapers. Western will also publish the availability of this Record of Decision

(ROD)in local newspapers. Decision Western selected Proposed Action Option B as its action, since it provides the maximum load-serving capability and reduces the need for automatic generation and load curtailment during the summer peak load periods to the greatest degree. This action best fulfills the agency's statutory mission and responsibilities under the Central Valley Project Act authority and it has relatively low environmental impacts. Through analysis in the EIS, Western determined two of the alternatives were environmentally preferable. The No Action Alternative was determined to be the environmentally preferred alternative with the least environmental impact. It would not, however, meet the purpose and need. Western determined that Alternative 1 is the environmentally preferred action alternative due to fewer environmental impacts on land use, visual resources, and water resources compared to the Proposed Action Option B and the other action alternatives. However, none of the action alternatives, including Alternative 1, would avoid significant air impacts. The environmentally preferred action alternative was not selected because its fewer environmental impacts do not outweigh Western's need to provide maximum load-serving capability that is provided with the selected alternative. Proposed Action Option B Project financing for construction is uncertain. With this decision, Western is adopting the EPMs outlined in the EIS. Once funding is secured, Western would complete an air quality analysis to predict potential emissions, conduct biological and cultural resource surveys as necessary, complete a biological assessment and Section 7 consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, and consult with the State Historic Preservation Office on cultural resources. Stipulations identified through these analyses and consultations would be developed based on agreements reached between Western and the regulatory agencies. Western would develop a mitigation action plan

(MAP)for such stipulations to ensure all practical means of avoiding environmental harm. Western would make the MAP available to the public. This ROD meets the requirements of NEPA as well as the Council on Environmental Quality and DOE's NEPA implementing regulations. Additional analyses results may affect this decision and result in subsequent analysis or decisions. The public will be notified of any additional activities necessary to meet Western's NEPA and other public involvement requirements. Dated: December 29, 2003. Michael S. Hacskaylo, Administrator. [FR Doc. 04-571 Filed 1-9-04; 8:45 am]

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