Notices. DEPARTMENT OF ENERGY

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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. CP04-49-000] Dominion Transmission, Inc.; Notice of Application January 8, 2004. On December 24, 2003, Dominion Transmission, Inc. (DTI), 120 Tredegar Street, Richmond, Virginia 23219, filed an application in the above referenced docket, pursuant to Section 7(c) of the Natural Gas Act (NGA), and Part 157 of the Federal Energy Regulatory Commission's (Commission) Rules and Regulations to construct, own, and operate certain facilities at its Fink Storage Field in Lewis County, West Virginia.

The purpose of this project is to protect storage operations from both gas migration and third party encroachment by expanding the active storage boundary by 3,163 acres; adding a 22,375 acre protective boundary; converting 15 oil wells in the Fink Oil Field to active storage use; replacing or retesting approximately 27,360 feet of main pipeline and approximately 18,200 feet of well lines in the Fink Oil Field to connect the wells to the Sweeney Compressor Station; and installing associated appurtenant facilities.

It is estimated the proposed project will cost approximately $9.2 million. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,

(866)208-3676, or for TTY,

(202)502-8659. Any questions regarding this application should be directed to Anne E. Bomar, Managing Director, Transmission Rates and Regulation, Dominion Transmission, Inc., 120 Tredegar Street, Richmond, Virginia 23219, telephone

(804)819-2134. 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 comment date stated below 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 in the proceeding with the Commission and must mail a copy to the applicant and to every other party. 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. 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 29, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-49 Filed 1-13-04; 8:45 am] BILLING CODE 6717-01 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-187-000 and ER04-187-001] North Jersey Energy Associates, a Limited Partnership; Notice of Issuance of Order January 8, 2004. North Jersey Energy Associates, a Limited Partnership (North Jersey Energy) filed an application for market-based rate authority, with an accompanying tariff. The proposed tariff provides for wholesale sales of electric capacity, energy and ancillary services at market-based rates. North Jersey Energy also requested waiver of various Commission regulations. In particular, North Jersey Energy requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by North Jersey Energy. On December 29, 2003, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by North Jersey Energy should file a motion to intervene or protest 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). Notice is hereby given that the deadline for filing motions to intervene or protests, as set forth above, is January 29, 2004. Absent a request to be heard in opposition by the deadline above, North Jersey Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of North Jersey Energy, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of North Jersey Energy's issuances of securities or assumptions of liability. Copies of the full text of the Order are available from the Commission's Public Reference Branch, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the e-Library (FERRIS) link. Enter the docket number excluding the last three digits in the docket number filed to access the document. 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. Linda Mitry, Acting Secretary. [FR Doc. E4-47 Filed 01-13-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-44-000, et al.] Victory Garden Power Partners I, LLC, et al.; Electric Rate and Corporate Filings January 5, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Victory Garden Power Partners I, LLC, ZWHC, LLC, and (not consolidated) Caithness VG Wind, LLC, Caithness 251 Wind, LLC [Docket Nos. EC04-44-000, ER03-527-001, and ER03-522-001] Take notice that on December 23, 2003, ZWHC, LLC

(ZWHC)and Victory Garden Power Partners I, LLC

(VGI)(collectively, the Sellers) and Caithness VG Wind, LLC (Caithness VG) and Caithness 251 Wind, LLC (Caithness 251) (collectively, the Purchasers) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization of the sale to Purchasers (both wholly-owned subsidiaries of Caithness Energy, L.L.C., of generation assets owned by ZWHC and VGI and Notification of Change in Status. *Comment Date:* January 16, 2004. 2. Citizens Communications Company, Great Bay Hydro Corporation, Vermont Electric Cooperative, Inc. [ Docket No. EC04-45-000] Take notice that on December 24, 2003, Citizens Communications Company (Citizens), Great Bay Hydro Corporation (Great Bay), and Vermont Electric Cooperative, Inc.

(VEC)(together, Applicants), filed with the Federal Energy Regulatory Commission a joint application pursuant to section 203 of the Federal Power Act for authorization to dispose of and acquire jurisdictional facilities whereby Citizens will

(1)Transfer certain jurisdictional transmission facilities to Great Bay, or in the alternative,

(2)transfer certain jurisdictional transmission facilities to VEC, which will subsequently transfer these facilities to Great Bay as soon as practicable. Citizens also proposes to transfer certain related assets. The Applicants state that the above-described proposed transfer of jurisdictional transmission facilities is associated with Citizens' proposed transfer of certain generating facilities in the State of Vermont. Specifically, the application states that Citizens' proposes to transfer its hydraulic generating facilities and dams located in the State of Vermont (the Newport Generating Facility Units 1, 2, 3 and 11, the Troy Generating Facility, and the West Charleston Generating Facility) and diesel generators located at the Newport Generating Facility Units 1, 2 and 3. Applicants state that the total generating capacity of the facilities Citizens proposes to transfer is approximately 12 MW. *Comment Date:* January 16, 2004. 3. Citizens Communications Company, Vermont Electric Cooperative, Inc. [Docket No. EC04-46-000] Take notice that on December 24, 2003, Citizens Communications Company (Citizens) and Vermont Electric Cooperative, Inc.

(VEC)filed with the Federal Energy Regulatory Commission a joint application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities whereby Citizens will sell certain transmission facilities to VEC. *Comment Date:* January 16, 2004. 4. Crete Energy Venture, LLC, Entergy Asset Management, Inc., and ArcLight Capital Holdings, LLC [Docket No. EC04-47-000] Take notice that on December 24, 2003, Crete Energy Venture, LLC (Crete), Entergy Asset Management, Inc. (EAM), and ArcLight Capital Holdings, LLC, (together, Applicants) tendered for filing a joint application for authorization under section 203 of the Federal Power Act for EAM to sell its membership interests in Crete to a wholly-owned subsidiary of ArcLight Energy Partners Fund I, L.P. and/or ArcLight Energy Partners Fund II, L.P. *Comment Date:* January 16, 2004. 5. MNS Wind Company LLC [Docket No. ER04-330-000] Take notice that on December 24, 2003, MNS Wind Company LLC filed a Notice of Cancellation of its FERC Electric Rate Schedule No. 1. MNS Wind requests that this Notice of Cancellation be effective as of December 24, 2003. *Comment Date:* January 14, 2004. 6. Southern California Edison Company [Docket No. ER04-334-000] Take notice that on December 24, 2003, Southern California Edison Company

(SCE)tendered for filing revisions to its Transmission Owner Tariff (TO Tariff), FERC Electric Tariff, Second Revised Volume No. 6, Appendices I, II and III, to reflect the change in transmission rates resulting from the annual update of the Transmission Revenue Balancing Account Adjustment. SCE states that copies of the filing were served upon the Public Utilities Commission of the State of California, the California Independent System Operator, the Cities of Azusa, Banning, Colton, Riverside, California, the Department of Water and Power of the City of Los Angeles, California and all Scheduling Coordinators certified by the California Independent System Operator. *Comment Date:* January 14, 2004. 7. New England Power Pool [Docket No. ER04-335-000] Take notice that on December 24, 2003, the New England Power Pool (NEPOOL) Participants Committee filed revisions to NEPOOL Market Rule 1 to govern the issuance and administration of Gap RFPs in New England. A March 1, 2004, effective date is requested. 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. 8. Liberty Generating Company, LLC, Badger Generating Company, LLC, and Okeechobee Generating Company [ Docket No. ER04-336-000 ] Take notice that on December 24, 2003, Liberty Generating Company, LLC, Badger Generating Company, LLC and Okeechobee Generating Company tendered for filing Notice of Cancellation of their respective market-based rate tariffs. *Comment Date:* January 14, 2004. 9. Pacific Gas and Electric Company [Docket No. ER04-337-000] Take notice that on December 24, 2003, Pacific Gas and Electric Company (PG&E) tendered for filing changes in rates included in its Transmission Owner Tariff (TO Tariff) for the Transmission Revenue Balancing Account Adjustment (TRBAA) rate, the Reliability Services

(RS)rates and the Transmission Access Charge Balancing Account Adjustment (TACBAA). PG&E requests a January 1, 2004, effective for these changes in rates with the exception of the TACBAA rate. PG&E states that copies of the filing have been served on the California Independent System Operator (ISO), Scheduling Coordinators registered with the ISO, Southern California Edison Company, San Diego Gas & Electric Company, the California Public Utilities Commission and parties on the official service lists in recent TO Tariff rate cases, Docket Nos. ER01-1639-000, ER03-409-000 and ER04-109-000. *Comment Date:* January 14, 2004. 10. Southern California Edison Company [Docket No. ER04-338-000] Take notice that on December 24, 2003, Southern California Edison Company

(SCE)tendered for filing revised rate sheets (Revised Sheets) to the Agreement for Interconnection Service between SCE and Harbor Cogeneration Company (Harbor), Service Agreement No. 2 under SCE's FERC Electric Tariff, Second Revised Volume No. 6. SCE also tendered for filing a Reliability Management System Agreement (RMS Agreement) between SCE and Harbor. In addition, SCE also tendered for filing a Notice of Cancellation of the Interconnection Facilities Agreement between SCE and Harbor. SCE requests an effective date of November 30, 2003, for the Revised Sheets, the RMS Agreement, and the Notice of Termination. SCE states that copies of the filing were served upon the Public Utilities Commission of the State of California and Harbor. *Comment Date:* January 14, 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. E4-44 Filed 01-13-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-42-000, et al.] Pittsfield Generating Company, L.P., et al.; Electric Rate and Corporate Filings December 30, 2003. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Pittsfield Generating Company, L.P. and PE-Pittsfield LLC [Docket Nos. EC04-42-000 and ER98-4400-006] Take notice that on December 22, 2003, PE-Pittsfield LLC (PE-Pittsfield) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities whereby PE-Pittsfield will become general partner of Pittsfield Generating Company, L.P., a public utility and exempt wholesale generator in Massachusetts, with a nominal capacity of 163 MW. PE-Pittsfield requests privileged treatment for certain attachments to the filing. *Comment Date:* January 14, 2004. 2. Dominion Energy Kewaunee, Inc., Wisconsin Power and Light Company, and Wisconsin Public Service Corporation [Docket No. EC04-43-000] Take notice that on December 19, 2003, Dominion Energy Kewaunee, Inc., Wisconsin Power and Light Company and Wisconsin Public Service Corporation (collectively, Applicants) tendered for filing with the Federal Energy Regulatory Commission a joint applicant pursuant to section 203 of the Federal Power Act, seeking approvals and acceptances relating to the sale of the Kewaunee Nuclear Power Plant (nominally rated net capacity of 543 MW) and appurtenant interconnection facilities located in Kewaunee County, Wisconsin. This application contains a request for privileged treatment of the Asset Sales Agreement, which includes the Power Purchase Agreements. *Comment Date:* January 13, 2004. 3. Duke Energy Vermillion, LLC [Docket No. EG04-24-000] On December 19, 2003, Duke Energy Vermillion, LLC (Duke Vermillion) filed an application with the Federal Energy Regulatory Commission for redetermination of exempt wholesale generator status pursuant to section 32 of the Public Utility Holding Company Act of 1935, as amended, and part 365 of the Commission's regulations. *Comment Date:* January 9, 2004. 4. City of Banning, California [Docket No. EL04-42-000] Take notice that on December 19, 2003, the City of Banning, California (Banning) submitted for filing changes to its Transmission Revenue Balancing Account Adjustment (TRBAA) and to Appendix I of its Transmission Owner

(TO)Tariff. Banning requests a January 1, 2004, effective date for its filing. Banning further requests that the Commission waive any fees for the filing of its revised TRBAA. *Comment Date:* January 9, 2004. 5. Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., Long Island Lighting Company, New York State Electric and Gas Corporation, Niagara Mohawk Power Corporation, Orange and Rockland Utilities, Inc., Rochester Gas and Electric Corporation, and New York Power Pool [Docket Nos. ER97-1523-080, OA97-470-072, and ER97-4234-070] Take notice that on December 12, 2003, Niagara Mohawk Power Corporation, a National Grid Company, submitted a Compliance Filing pursuant to the Commission's November 14, 2003, Order issued in the above-captioned proceedings. *Comment Date:* January 13, 2004. 6. Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., Long Island Lighting Company, New York State Electric and Gas Corporation, Niagara Mohawk Power Corporation, Orange and Rockland Utilities, Inc., Rochester Gas and Electric Corporation, and New York Power Pool [Docket Nos. ER97-1523-081, OA97-470-073, and ER97-4234-071] Take notice that on December 15, 2003, the New York Independent System Operator, Inc., submitted a Compliance Filing pursuant to the Commission's November 14, 2003, Order issued in the above-captioned proceedings. *Comment Date:* January 13, 2004. 7. Great Lakes Hydro America, LLC [Docket No. ER02-159-007] Take notice that on December 19, 2003, Great Lakes Hydro America LLC

(GLHA)submitted for filing a notice of change in status to inform the Commission of GLHA's acquisition of the ownership interest in three companies, each owning a qualifying small power production facility. *Comment Date:* January 9, 2004. 8. Las Vegas Cogeneration II, LLC [Docket No. ER03-222-003] Take notice that on December 19, 2003, Las Vegas Cogeneration II, LLC, tendered a compliance filing in accordance with the Commission Order issued November 17, 2003, in Docket Nos. EL01-118-000 and 001, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). *Comment Date:* January 14, 2004. 9. Alliant Energy Neenah, LLC [Docket No. ER03-533-001] Take notice that on December 19, 2003, Alliant Energy Neenah, LLC, 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 Authorizations, 105 FERC ¶ 61,218 (2003). *Comment Date:* January 14, 2004. 10. Black Hills Wyoming, Inc. [Docket No. ER03-802-001] Take notice that on December 19, 2003, Black Hills Wyoming, Inc., 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 Authorizations, 105 FERC ¶ 61,218 (2003). *Comment Date:* January 14, 2004. 11. Black Hills Power, Inc., Basin Electric Power Cooperative, and Powder River Energy Corporation [Docket No. ER03-1354-002] Take notice that on December 19, 2003, Black Hills Power, Inc., Basin Electric Power Cooperative, and Powder River Energy Corporation tendered for filing revisions to their joint open access transmission tariff with the Federal Energy Regulatory Commission. *Comment Date:* January 9, 2004. 12. Craven County Wood Energy Limited Partnership [Docket No. ER03-1379-002] Take notice that on December 19, 2003, Craven County Wood Energy Limited Partnership submitted a compliance filing pursuant to the Commission' Order issued November 24, 2003, in Docket Nos. ER03-1379-000 and 001, requesting revisions to its rate schedule conforming to Commission's Order No. 614. *Comment Date:* January 9, 2004. 13. Southern Company Services, Inc. [Docket No. ER04-118-001] Take notice that on December 19, 2003, Southern Company Services, Inc. submitted revisions to an informational filing required under:

(1)The Unit Power Sales Agreement dated July 20, 1988, between Southern Companies ( *i.e.* , Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, and Southern Company Services, Inc.) and Florida Power & Light Company (FPL);

(2)the Unit Power Sales Agreement dated August 17, 1988, between Southern Companies and Jacksonville Electric Authority (JEA); and

(3)the Unit Power Sales Agreement dated July 19, 1988, between Southern Companies and Florida Power Corporation (FPC). The original informational filing was filed on October 30, 2003. Southern Company Services, Inc. states that copies of the revised material have been sent to representatives of FPL, FPC, and JEA. *Comment Date:* January 9, 2004. 14. Milford Power Limited Partnership [Docket No. ER04-278-001] Take notice that on December 19, 2003, Milford Power Limited Partnership (Milford) filed with the Federal Energy Regulatory Commission pursuant to section 205 of the Federal Power Act an Application to Amend Milford's Proposed Initial FERC Electric Rate Schedule. Milford seeks expedited review and a waiver of the 60-day pre-filing requirement under 18 CFR 35.3. *Comment Date:* January 7, 2004. 15. Agway Energy Services, Inc. [Docket No. ER04-283-001] Take notice that on December 19, 2003, Agway Energy Services, Inc tendered for filing an amendment to the Notice of Cancellation of its Rate Schedule FERC No. 1. *Comment Date:* January 9, 2004. 16. Michigan Electric Transmission Company, LLC [Docket No. ER04-315-000] Take notice that on December 19, 2003, Michigan Electric Transmission Company, LLC

(METC)submitted an executed Cost Reimbursement Agreement between Michigan Electric Transmission Company, LLC and Michigan Public Power Agency and the executed Cost Reimbursement Agreement between Michigan Electric Transmission Company, LLC and Michigan South Central Power Agency (Cost Reimbursement Agreements). METC requests an effective date of October 1, 2003, for the Cost Reimbursement Agreements. *Comment Date:* January 9, 2004. 17. Idaho Power Company [Docket No. ER04-317-000] Take notice that on December 19, 2003, Idaho Power Company submitted Notices of Cancellation for forty-nine rate schedules with various counterparties. Idaho Power states that it has served copies of the filing on each of the counterparties. Idaho Power seeks an effective date for the cancellations of December 31, 2003. *Comment Date:* January 9, 2004. 18. Dominion Energy Kewaunee, Inc. [Docket No. ER04-318-000] Take notice that on December 19, 2003, Dominion Energy Kewaunee, Inc. (Dominion Energy Kewaunee) petitioned the Commission for acceptance of Dominion Energy Kewaunee, Inc. Rate Schedule FERC No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. *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,

(RTOs)and Independent System Operators

(ISOs)(collectively, independent Transmission Providers) an extension of time until January 20, 2004 to comply with Order No. 2003. On October 7, 2003, the Commission granted requests to extend the effective date of the Final Rule and the date on which compliance filings are due for non-independent Transmission Providers, 2 also to January 20, 2004. 105 FERC ¶61,043 at P 17-18 (2003). This notice clarifies the process for complying with that January 20, 2004 effective date. 1 Standardization of Generator Interconnection Agreements and Procedures, Order No. 2003, 68 FR 49,845 (Aug. 19, 2003), FERC Stats. & Regs. ¶31,146 (2003), *reh'g pending* (Final Rule or Order No. 2003). 2 Non-independent Transmission Providers are utilities that

(a)are not RTOs or ISOs or

(b)are members of RTOs or ISOs but maintain ownership and operational control over certain of their Commission-jurisdictional facilities. 2. For all non-independent Transmission Providers, their open access transmission tariffs

(OATT)will be deemed to be revised to include the *pro forma* Large Generator Interconnection Procedures

(LGIP)and Large Generator Interconnection Agreement

(LGIA)in Order No. 2003 on January 20, 2004. These Transmission Providers are directed to make ministerial filings reflecting those revisions to their OATT in their next filings with the Commission. Any non-independent Transmission Provider seeking a variation from the *pro forma* LGIP and LGIA based on existing regional reliability standards must so inform the Commission on or before January 20, 2004. These filings should specify the proposed changes and why such changes are necessary. The Commission will solicit comments on these filings before acting on them. After January 20, 2004, a non-independent Transmission Provider may separately file under Federal Power Act Section 205 3 proposed changes to its LGIPs and LGIAs using the “consistent with or superior to” standard described in the Final Rule. Order No. 2003 at P 825. 3 16 U.S.C. § 824d (2000). 3. Independent Transmission Providers must make compliance filings on or before January 20, 2004. Until the Commission acts on those compliance filings, the independent Transmission Provider's existing Commission-approved interconnection standards and procedures will remain in effect. An independent Transmission Provider may meet the January 20, 2004 deadline by filing:

(a)A notice that it intends to adopt the Order No. 2003 *pro forma* LGIP and LGIA; or

(b)new standard interconnection procedures and agreements developed according to Order No. 2003's “independent entity variation” standard. Order No. 2003 at P 827. If the independent Transmission Provider files the

(b)option, the Commission will solicit comments on that filing before acting on it, and the independent Transmission Provider's existing, Commission-approved standards and procedures will continue to apply pending Commission action. After submitting its compliance filing, an independent Transmission Provider will continue to have the right to propose changes to its LGIP and LGIA using the “independent entity variation” standard. 4. We would also like to clarify that for non-independent Transmission Providers that belong to an RTO or ISO, the RTO or ISO's Commission-approved standards and procedures shall govern interconnection to its members' facilities that are under the operational control of the RTO or ISO. An interconnection to a Commission-jurisdictional facility that is owned by a non-independent Transmission Provider but is not under the operational control of the RTO or ISO shall be conducted according to the non-independent Transmission Provider's LGIP and LGIA. The Commission Orders The Secretary is hereby directed to publish this notice in the **Federal Register** . By direction of the Commission. Linda Mitry, Acting Secretary. [FR Doc. 04-780 Filed 1-13-04; 8:45 am]

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