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. RP96-190-026] Colorado Interstate Gas Company; Notice of Proposed Changes in FERC Gas Tariff January 9, 2004. Take notice that on December 10, 2003, Colorado Interstate Gas Company

(CIG)tendered for filing and acceptance by the Federal Energy Regulatory Commission, First Revised Sheet No. 11B to its FERC Gas Tariff, First Revised Volume No.1. CIG states that the tariff sheet updates a previously filed negotiated rate transaction and is proposed to become effective January 1, 2004. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 and 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with sections 385.214 or 385.211 of the Commission's rule and regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party 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” 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

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a) (1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* January 15, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-73 Filed 01-15-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP03-342-001 and CP03-343-001] Discovery Gas Transmission LLC, Discovery Producer Services LLC; Notice of Amendments January 9, 2004. Take notice that Discovery Gas Transmission LLC (Discovery), 2800 Post Oak Blvd., Houston, Texas, 77056, filed in Docket No. CP03-342-001 on December 30, 2003, pursuant to section 7(C) of the Natural Gas Act (NGA), as amended, and part 157 of the Commission's regulations an amendment to its application for certificate authorization for Discovery's Market Expansion Project. In conjunction with this filing, Discovery Producer Services LLC

(DPS)filed, in Docket No. CP03-343-001, an amendment to its application for a limited jurisdiction certificate to provide compression services to Discovery's Market Expansion Project. Discovery amends its Market Expansion Project application to adjust a portion of the route of its proposed pipeline to the proposed interconnection with Columbia Gulf Transmission Company (Columbia Gulf) in response to landowner concerns, to restate its proposed initial rates, and to revise its pro forma tariff to clarify that any commitments to deliver gas to the new delivery point at Transcontinental Gas Pipe Line Corporation (Transco) is subject to Discovery's lease of capacity from Texas Eastern Transmission, LP. In addition, DPS is amending its Compression Services Agreement with Discovery to cover the cost of some piping, valves and other miscellaneous items that will need to be constructed by DPS at the Larose gas processing plant, all as more fully set forth in the application which is on file with the Commission and open to public inspection. These filings may be also viewed on the Web 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

(202)502-8222 or TTY,

(202)208-1659. Any questions regarding the amendment applications should be directed to Kevin R. Rehm, Vice President, Discovery Gas Transmission LLC, 2800 Post Oak Boulevard—Level 36, Houston, Texas 77056, at

(713)215-2694, with fax at

(713)215-3050. 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 January 29, 2004, 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. The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible. 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. Magalie R. Salas, Secretary. [FR Doc. E4-77 Filed 01-15-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG04-26-000, et al.] Invenergy TN LLC, et al.; Electric Rate and Corporate Filings January 9, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Invenergy TN LLC [Docket No. EG04-26-000] Take notice that on December 31, 2003, Invenergy TN LLC, (Invenergy) having a business address of 233 South Wacker Drive, Suite 9450, Chicago, Illinois, 60606, filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Invenergy states that it is a Delaware limited liability company engaged directly and exclusively in the business of owning and operating a 27 MW wind-powered generation facility to be constructed in Anderson County, Tennessee and electric energy produced by the facility will be sold exclusively at wholesale. *Comment Date:* January 21, 2004. 2. Shuweihat CMS International Power Company [Docket No. EG04-27-000] Take notice that on December 31, 2003, Shuweihat CMS International Power Company (Shuweihat CMS), Suite 802, Al Ghaith Tower, Hamdan Street, Abu Dhabi, United Arab Emirates, filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Shuweihat CMS states that it is a private joint stock company that will engage directly or indirectly and exclusively in the business of owning and/or operating eligible facilities in the Emirate of Abu Dhabi, United Arab Emirates and selling electric energy at wholesale. Shuweihat CMS further states that it proposes to own an approximately 1,500 megawatt combined-cycle electric and steam cogeneration facility located in Shuweihat, Abu Dhabi, United Arab Emirates. *Comment Date:* January 21, 2004. 3. Shuweihat O&M Limited Partnership [Docket No. EG04-28-000] Take notice that on December 31, 2003, Shuweihat O&M Limited Partnership (Shuweihat O&M), Suite 302, Old GASCo Building, Al Kubeirah Street, Corniche West, Abu Dhabi, United Arab Emirates, filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Shuweihat O&M states that it is a limited liability partnership that will engage directly or indirectly and exclusively in the business of owning and/or operating eligible facilities in the Emirate of Abu Dhabi, United Arab Emirates and selling electric energy at wholesale. Shuweihat O&M further states that it proposes to operate an approximately 1,500 megawatt combined-cycle electric and steam cogeneration facility located in Shuweihat, Abu Dhabi, United Arab Emirates. *Comment Date:* January 21, 2004. 4. Jubail Energy Company [Docket No. EG04-29-000] Take notice that on December 31, 2003, Jubail Energy Company (Jubail), c/o CMS Enterprises Company, One Energy Plaza, Fifth Floor, Jackson, Michigan 49201, filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Jubail states that it is a limited liability company that will engage directly or indirectly and exclusively in the business of owning and/or operating eligible facilities in Saudi Arabia and selling electric energy at retail exclusively to consumers outside the United States. Jubail further states that it proposes to own and operate an approximately 242 megawatt combined-cycle electric and steam cogeneration facility located in Jubail Industrial City in Saudi Arabia. *Comment Date:* January 21, 2004. 5. Entergy-Koch Trading, LP, the Dayton Power & Light Company [Docket Nos. ER01-2781-003 and ER96-2602-005] Take notice that Entergy-Koch Trading, LP

(EKT)and The Dayton Power and Light Company

(DPLC)tendered for filing Notification of a non-material change in the Characteristics that the Commission relied upon in granting EKT and DPLC market-based rate authorization under section 205 of the Federal Power Act. *Comment Date:* January 21, 2004. 6. PJM Interconnection, L.L.C. [Docket No. ER02-1326-008] Take notice that on December 31, 2003, the Market Monitoring Unit of PJM Interconnection, L.L.C.

(PJM)submitted its report assessing the status of PJM's load response programs in compliance with the Commission's December 31, 2003, order, 104 FERC ¶ 61,188. PJM states that copies of the filing have been served on each person on the official services list compiled by the Secretary in this proceeding. *Comment Date:* January 21, 2004. 7. New England Power Pool [Docket No. ER02-2330-023] Take notice that on December 31, 2003, the New England Power Pool (NEPOOL) Participants Committee submitted its Report on Compliance in response to the requirements of the Commission's June 6, 2003, order, 103 FERC ¶ 61,304 (2003). The NEPOOL Participants Committee states that copies of the filing were sent to all persons designated on the official service list in Docket No. ER02-2330-000. *Comment Date:* January 21, 2004. 8. New England Power Pool [Docket No. ER02-2330-024] Take notice that on December 31, 2003, ISO New England Inc.

(ISO)submitted an Independent Assessment of Demand Response Programs as directed by the Commission in its June 6, 2003, 103 FERC ¶ 61,304. The ISO states that copies of the filing have been served on all parties to the above-captioned proceeding. *Comment Date:* January 21, 2004. 9. PJM Interconnection, L.L.C. [Docket No. ER03-262-014] Take notice that on December 31, 2003, PJM Interconnection, L.L.C.

(PJM)supplemented its previous filings in this docket with additional revisions under sections 205 and 206 of the Federal Power Act (FPA), 16 U.S.C. 824d and 824e, to the Amended and Restated Operating Agreement of PJM Interconnection, L.L.C., the PJM Open Access Transmission Tariff, and the PJM West Reliability Assurance Agreement Among Load-serving Entities in the PJM West Region, for the integration of Commonwealth Edison Company (including Commonwealth Edison Company of Indiana, Inc.) into PJM on May 1, 2004. PJM requests an effective date for these changes of May 1, 2004. PJM states that copies of this filing have been served on all PJM members and utility regulatory commissions in the PJM Region and on all parties listed on the official service list compiled by the Secretary in this proceeding. *Comment Date:* January 21, 2004. 10. New England Power Pool [Docket No. ER04-345-002] Take notice that on December 31, 2003, ISO New England Inc.

(ISO)submitted a Status Report on Load Response Programs as directed by the Commission in its February 25, 2003, 102 FERC ¶ 61,202. The ISO states that copies of the filing have been served on all parties to the above-captioned proceeding. *Comment Date:* January 21, 2004. 11. Wisconsin Public Service Corporation [Docket No. ER04-354-000] Take notice that on December 31, 2003, Wisconsin Public Service Corporation

(WPSC)tendered for filing an amendment to its February 22, 1993, Agreement with the City of Marshfield, Wisconsin concerning the ownership and operation of combustion turbine generation. WPSC states that the amendment implements a revision to the capacity rating of the West Marinette Unit. WPSC requests waiver of the Commission's regulations to permit the amendment to become effective on January 1, 2004. *Comment Date:* January 21, 2004. 12. New England Power Pool [ Docket No. ER04-357-000] Take notice that on December 31, 2003, the New England Power Pool (NEPOOL) Participants Committee filed for acceptance materials to permit NEPOOL to expand its membership to include CAM Energy Products, LP (CAM), Emera Energy U.S. Subsidiary No. 1 Inc. (EE1), and Epic Merchant Energy, LP (Epic). The Participants Committee requests the following effective dates: January 1, 2004, for the commencement of participation in NEPOOL by Epic; February 1, 2004, for the commencement of participation in NEPOOL by CAM; and March 1, 2004, for the commencement of participation in NEPOOL by EEI. The New England Power Pool Participants Committee states that copies of these materials were sent to the New England state governors and regulatory commissions and the Participants in NEPOOL. *Comment Date:* January 21, 2004. 13. New England Power Pool [Docket No. ER04-358-000] Take notice that on December 31, 2003, the New England Power Pool (NEPOOL) Participants Committee, pursuant to the Commission's directives in the orders issued August 15, 2003, in Docket No. ER03-894 and April 30, 2003, in Docket No. EL03-25 submitted:

(1)The Hydro-Quebec Interconnection Capability Credit (HQICC) values established by the Participants Committee for the 2004/2005 NEPOOL Power Year,

(2)the procedural methodology to be used to establish HQICC values beginning with the 2005/2006 NEPOOL Power Year, and

(3)related descriptive materials. NEPOOL seeks a June 1, 2004, effective date for the 2004/2005 Power Year HQICC Values. The New England Power Pool Participants Committee states that copies of these materials were sent to the NEPOOL Participants and the New England state governors and regulatory commissions and the Participants in NEPOOL. *Comment Date:* January 21, 2004. 14. Emera Energy U.S. Subsidiary No. 1, Inc. [Docket No. ER04-359-000] Take notice that on December 31, 2003, Emera Energy U.S. Subsidiary No. 1, Inc., petitioned the Commission:

(1)For authorization to engage in the sale of electric energy and capacity at market-based rates,

(2)to waive certain of the Commission's regulations, and

(3)to grant certain blanket approvals. *Comment Date:* January 21, 2004. 15. Tucson Electric Power Company [ Docket No. ER04-360-000] Take notice that on December 31, 2003, Tucson Electric Power Company (Tucson Electric) tendered for filing a Notice of Cancellation of its Market Rate Tariff for Affiliate Sales in Docket No. ER98-1150-000. Tucson Electric also seeks to cancel the codes of conduct filed with its market rate tariffs in Docket Nos. ER97-4514-000 and ER98-1150-000. *Comment Date:* January 21, 2004. 16. PJM Interconnection, L.L.C. [ Docket No. ER04-361-000] Take notice that on December 31, 2003, PJM Interconnection, L.L.C.

(PJM)submitted revisions to the PJM Open Access Transmission Tariff and the Amended and Restated Operating Agreement of PJM Interconnection, L.L.C. to provide market-based credits to generation owners that adjust active power output at PJM's direction to provide increased reactive support to the transmission system. PJM requests an effective date of January 1, 2004, for the proposed revisions. PJM states that copies of the filing were served on all PJM members and on the regulatory commissions in the PJM region. *Comment Date:* January 21, 2004. 17. Sierra Pacific Power Company [ Docket No. ER04-362-000] Take notice that on December 31, 2003, Sierra Pacific Power Company (Sierra) tendered for filing an amendment to the Amended and Restated Operating Agreement No. 2 between Sierra and Mt. Wheeler Power, Inc. Sierra states that the proposed amendment consists of additional language to permit Sierra to interconnect a wind project generator to Mt. Wheeler's Gondor 230kV substation bus. Sierra has requested a November 1, 2003, effective date. *Comment Date:* January 21, 2004. 18. Jersey Central Power & Light Company [Docket No. ER04-363-000] Take notice that on December 31, 2003, Jersey Central Power & Light Company (JCP&L) tendered for filing a proposed tariff for the sale of power to wholesale purchasers at market-based rates. JCP&L has requested a December 17, 2003, effective date. *Comment Date:* January 21, 2004. 19. American Electric Power Service Corporation, Commonwealth Edison Company, and Commonwealth Edison Company of Indiana, Inc. [Docket No. ER04-364-000] Take notice that on December 31, 2003, American Electric Power Service Corporation (AEP), Commonwealth Edison Company and Commonwealth Edison Company of Indiana, Inc. (ComEd) tendered for filing a proposed Schedule 13 Financial Hold Harmless for the tariff of PJM Interconnection, LLC (PJM), to be effective for each company upon the date it transfers function control of its transmission facilities to PJM. ComEd and AEP state that this filing, along with the Joint Operating Agreement filed concurrently by PJM and Midwest Independent System Operator, will fulfill the Commission's requirement to hold the Michigan and Wisconsin utilities harmless from adverse financial impacts from congestion and loop flow resulting from AEP's and ComEd's choice of PJM. AEP and ComEd state that copies of the filing were served on the affected state commissions, and on parties listed on the service list in Docket No. EL02-65. *Comment Date:* January 21, 2004. 20. Duke Energy Corporation [Docket No. ER04-365-000] Take notice that on December 31, 2003, Duke Energy Corporation

(Duke)submitted for filing an amendment to the Interconnection Agreement between Duke and North Carolina Electric Membership Corporation (NCEMC). Duke requests an effective date of January 1, 2004, for the amendment. Duke states that a copy of the filing has been served on representatives of NCEMC and the North Carolina Utilities Commission and the Public Service Commission of South Carolina. *Comment Date:* January 21, 2004. 21. Jersey Central Power & Light Company [Docket No. ER04-366-000] Take notice that on December 31, 2003, Jersey Central Power & Light Company (JCP&L) tendered for filing a proposed tariff for the sale of power to wholesale purchasers at market-based rates (Tariff). JCP&L has asked for waiver of any applicable requirements in order to make the Tariff effective as of December 17, 2003. *Comment Date:* January 21, 2004. 22. PJM Interconnection, L.L.C., Commonwealth Edison Company [ Docket No. ER04-367-000] Take notice that on December 31, 2003, PJM Interconnection, L.L.C. and Commonwealth Edison Company submitted a transmittal letter and certain revised tariff sheets to the PJM Open Access Transmission Tariff. PJM and ComEd state that the revised tariff sheets are necessary to include ComEd as a transmission owner within PJM. PJM and ComEd request that the tariff sheets become effective on May 1, 2004. PJM and ComEd state that copies of this filing have been served on the members of PJM, the Illinois Commerce Commission, and on all parties on the Commission's service list in Docket No. ER03-262-000. *Comment Date:* January 21, 2004. 23. California Independent System Operator Corporation [ Docket No. ER04-370-000] Take notice that on December 31, 2003, the California Independent System Operator Corporation

(ISO)submitted an informational filing as to the ISO's updated Transmission Access Charge Rates effective as of January 1, 2004. The ISO states that this filing has been served upon the Public Utilities Commission of the State of California, the California Energy Commission, the California Electricity Oversight Board, the Participating Transmission Owners, and upon all parties with effective Scheduling Coordinator Service Agreements under the ISO tariff. ISO further states that it is posting the filing on the ISO Home Page. *Comment Date:* January 21, 2004. 24. San Diego Gas & Electric Company [Docket No. ER04-371-000] Take notice that on December 31, 2003, San Diego Gas & Electric (SDG&E) tendered for filing a change in rates for the Transmission Revenue Balancing Account Adjustment and its Transmission Access Charge Balancing Account Adjustment set forth in its Transmission Owner Tariff. SDG&E states that the effect of this rate change is to reduce rates for jurisdictional transmission service utilizing that portion of the California Independent System Operator-controlled grid owned by SDG&E. SDG&E requests that this rate change be made effective January 1, 2004. SDG&E states that copies of this filing were service upon the Public Utilities Commission of the State of California and on the California Independent System Operator Corporation. *Comment Date:* January 21, 2004. 25. Metropolitan Edison Company Pennsylvania Electric Company [Docket No. ER04-372-000] Take notice that on December 31, 2003, Metropolitan Edison Company and Pennsylvania Electric Company (collectively, MetEd/Penelec) tendered for filing a proposed tariff for the sale of power either individually or collectively to wholesale purchasers at market-based rates (Tariff). MetEd/Penelec have asked for waiver of any applicable requirements in order to make the Tariff effective as of December 17, 2003. *Comment Date:* January 21, 2004. 26. Williams Power Company, Inc. [Docket No. ER04-373-000] Take notice that on December 31, 2003, Williams Power Company, Inc.,

(WPC)submitted a Schedule F Informational Filing under its Reliability Must-Run Service Agreements with the California Independent System Operator Corporation

(ISO)for Alamitos and Huntington Beach generating facilities, Williams Power Rate Schedules FERC Nos. 17 and 19 respectively. WPC also submitted revised tariff pages reflecting the Schedule F Informational Filing. WPC states that copies of this filing have been served upon the ISO, the California Electricity Oversight Board, Southern California Edison Company and the California Public Utilities Commission. *Comment Date:* January 21, 2004. 27. Invenergy TN LLC [Docket No. ER04-374-000] Take notice that on December 31, 2003, Invenergy TN LLC tendered for filing an application for acceptance of an initial rate schedule authorizing it to sell energy, capacity, and ancillary services at market-based rates pursuant to section 205 of the Federal Power Act, and to resell transmission rights. Invenergy TN LLC requests the waivers and blanket authorizations typically granted to market-based rate sellers, and requests that its market-based rate authorization be made effective as of June 1, 2004. *Comment Date:* January 21, 2004. 28. Midwest Independent Transmission System Operator, Inc., PJM Interconnection, L.L.C. [Docket No. ER04-375-000] Take notice that on December 31, 2003, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and PJM Interconnection, L.L.C. (PJM), submitted for filing a Joint Operating Agreement Between Midwest ISO and PJM. Midwest ISO and PJM requests an effective date of March 1, 2004. Midwest ISO and PJM state that copies of this filing were served upon all Midwest ISO members and all PJM members, and each state electric utility regulatory commission in their respective regions. *Comment Date:* January 21, 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. E4-72 Filed 01-15-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests January 9, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Applications:* Preliminary permit (competing). b. *Applicants, Project Numbers, and Dates Filed:* Gibson Dam Hydroelectric Company, LLC filed the application for Project No. 12478-000 on October 29, 2003. Gibson Dam Hydro, LLC filed the application for Project No.12479-000 on November 3, 2003. c. Name of the project is Gibson Dam Project. The project would be located on North Fork Sun Fork in Teton and Lewis and Clark Counties, Montana. It would use the U.S. Bureau of Reclamation's Gibson Dam. d. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. e. *Applicants Contacts:* For Gibson Dam Hydroelectric Company, LLC: Mr. Steven C. Marmon, Project Manager Gibson Dam Hydroelectric Company, LLC, 3633 Alderwood Avenue, Bellingham, WA 98225,

(360)738-9999. For Gibson Dam Hydro, LLC: Mr. Brent L. Smith, Northwest Power Services Inc., P.O. Box 535, Rigby, ID 83442,

(208)752-0834. f. *FERC Contact:* Robert Bell,

(202)502-6062. g. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. 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. h. *Description of Projects:* The project proposed by Gibson Dam Hydroelectric Company, LLC using the U.S. Bureau of Reclamation's Gibson Dam and operated in a run-of-river mode and would consist of:

(1)Two proposed 300-foot-long, steel penstocks,

(2)a powerhouse containing two generating units having a total installed capacity of 15 megawatts,

(3)a proposed 34.5 kilovolt underground transmission line, and

(4)appurtenant facilities. The Gibson Dam Hydroelectric Company, LLC project would have an average annual generation of 50 gigawatt-hours. The project proposed by Gibson Dam Hydro, LLC using the U.S. Bureau of Reclamation's Gibson Dam and operated in a run-of-river mode and would consist of:

(1)A proposed 100-foot-long, 120-inch-diameter steel penstock,

(2)a proposed powerhouse containing two generating units with a total installed capacity of 16 megawatts,

(3)a proposed 1-mile-long, 14.7 kilovolt transmission line, and

(4)appurtenant facilities. The Gibson Dam Hydro, LLC project would have an average annual generation of 45 gigawatt-hours. i. *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. j. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. k. *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. l. *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. m. *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. n. *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. o. *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. 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 “e-filing” link. The Commission strongly encourages electronic filing. p. *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. 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. q. *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. E4-74 Filed 01-15-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Project No. 1390-005] Southern California Edison; Notice of Meeting To Discuss Settlement Negotiations January 9, 2004. a. *Date and Time of Meeting:* January 21, 2004, 10 a.m. to 12 p.m. P.s.t. b. *Place:* U.S. Forest Service, Mono Basin Scenic Area Visitor Center, Lee Vining, California, 1/2 mile north of the Town of Lee Vining on Highway 395. c. *Teleconference:* To participate by teleconference please call 760-647-3043 or contact Jim Canaday, California State Water Resources Control Board, at 916-341-5308. d. *FERC Contact:* John Smith at

(202)502-8972; *John.Smith@FERC.gov* . e. *Purpose of the Meeting:* The U.S. Forest Service on behalf of itself and other stakeholders have requested a meeting with Commission staff to discuss the progress of ongoing settlement negotiations regarding minimum flows at the Lundy Hydroelectric Project No. 1390. f. *Proposed Agenda:*

(1)Introduction of participants,

(2)settlement group presentation to Commission staff on status of negotiations,

(3)discussion, and

(5)close of meeting. g. All local, State, and Federal agencies, Indian Tribes, and interested parties, are hereby invited to attend this meeting as participants. Magalie R. Salas, Secretary. [FR Doc. E4-75 Filed 01-15-04; 8:45 am BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket Nos. PL02-8-000, ER96-2495-016, ER97-4143-004, ER97-1238-011, ER98-2075-010, ER98-542-006 (Not Consolidated), ER91-569-018, and ER97-4166-010] Before Commissioners: Conference on Supply Margin Assessment, AEP Power Marketing, Inc., AEP Service, Corporation, CSW Power Marketing, Inc., CSW Energy Services, Inc., Central and South West Services, Inc., Entergy Services, Inc., Southern Company Energy Marketing L.P.; Supplemental Notice of Technical Conference on Supply Margin Assessment Screen and Alternatives January 9, 2004. The December 19, 2003, Notice of Technical Conference in this proceeding indicated that a technical conference will be held on January 13-14, 2004 from 9:30 a.m. to 4 p.m. in the Commission Meeting Room of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. The agenda for the technical conference is set forth in the Attachment to this notice. The December 19, 2003, Notice of Technical Conference indicated that transcripts of the proceeding will be available for the public on the Commission's e-Library two weeks after the conference. Please note, however, that the transcripts will be available one week after the conference. In addition, Capitol Connection offers the opportunity for remote listening as well as viewing of the conference for a fee. Persons interested in this service should contact David Reininger or Julia Morelli at the Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.gmu.edu* and click on “FERC.” Magalie R. Salas, Secretary. Supply Margin Assessment Technical Conference Agenda January 13, 2004—Morning Session *9:30 a.m.-12 p.m.* —Panel 1: Discussion on Defining the Relevant Geographic Markets, Including Transmission Considerations. Opening comments and introduction by staff. Presentations and reactions by panelists: Joe Pace, Director, LECG, LLC; John Apperson, Director of Trading, PacifiCorp; Jesse Tilton, CEO of ElectriCities of NC; Ricky Biddle, Vice President of Planning, Rates and Dispatching, Arkansas Electric Cooperative; Ron McNamara, Vice President of Regulatory Affairs and Chief Economist, MISO; Steven Corneli, Director of Regulatory Affairs, NRG Energy, Inc. Open microphone. This session will include a discussion of how transmission should be accounted for in the context of the interim generation dominance analysis and statutory deadlines. Transmission affects which generators are in the market, and how they should be accounted for in a screen. There is some overlap between this session and the afternoon session. Specific topics to be discussed in this session include the following: Should the relevant geographic market be defined as the control area? More broadly? More narrowly? Where can reliable data be found for markets that are not defined using control areas? How to account for load pockets inside and outside of RTOs/ISOs; How to account for transmission limitations; —TTC, ATC, Historical; —What is the public source of the information used; How to account for competing supplies; How much transmission capacity should be included in the analysis where transmission providers (whose control over transmission has not been transferred to an RTO or ISO) calculate the capacity and also participate in generation markets? Where transmission or other operating constraints exist within a control area (such that some generators are not able to run to their maximum rated capacity), what percent of these generators' capacity should be included as participating in the market? *12 p.m.-1 p.m.* —Lunch. January 13, 2004—Afternoon Session *1 p.m.-4 p.m.* —Panel 2: Discussion of the Appropriate Interim Generation Dominance Screen. Opening comments and introduction by staff. Presentations and reactions by panelists: Bill Marshall, Vice President of Fleet Operations and Trading, Southern Company; Steve Henderson, Vice President, Charles River Associates; Michael Wroblewski, Assistant General Counsel for Policy Studies, Federal Trade Commission; Bob Stibolt, Senior Vice President of Risk Management, Tractebel Corporation; Gary Ackerman, Executive Director, Western Power Trading Forum; Denise Goulet, Senior Assistant Consumer Advocate, Pennsylvania Office of the Consumer Advocate. Open microphone. This session will include a discussion of staff's proposed interim generation dominance screens and alternative proposals offered by others. Specific topics to be discussed in this session include the following: Which approach is preferable for the interim screen: pivotal supplier? market share? other? —Should the analysis be applied on a monthly or annual basis; —Whether and how to capture generators' ability to withhold on non-peak days or over a sustained period of time; How to determine capacity (installed and/or uncommitted); How to determine “opportunity” demand under the Wholesale Market Share screen; Whether and under what circumstances to adopt an ISO/RTO exemption. January 14, 2004—Morning Session *9:30 a.m.-12 p.m.* —Panel 3: Discussion of the Appropriate Mitigation Measures for Those That Fail the Applicable Screen. Opening comments and introduction by staff. Presentations and reactions by panelists: Bill Hieronymus, Vice President, Charles River Associates; Bill Dudley, Assistant General Counsel of Xcel Energy Services Inc.; Pat Alexander, Energy Industry Advisor, Dickstein Shapiro Morin & Oshinsky; Don Sipe, Counsel with Preti Flaherty; Robert O'Neil, General Counsel, Golden Spread Electric Cooperative; Craig Roach, Partner, Boston Pacific Company. Open microphone. This session will include a discussion of staff's Proposed Price Mitigation Measures (Cost-Based Rates and Single Market Clearing Price) as well as alternatives proposed by others. Specific topics to be discussed in this session include the following: Which approach is preferable (cost-based rate, single market clearing price, or other), and to what products should the price mitigation apply; Over what time period should price mitigation be applied (monthly, seasonally, daily); Posting of Incremental/Decremental costs; Other mitigation proposals (different from staff's proposals); Revocation of market-based rate authority or use of formula rates; Whether utilities that fail the interim generation dominance screen should be allowed to propose their own remedy; The extent to which control of transmission may create opportunities for affiliate abuse or convey market power to those that own generation in the same market (and if so, should such entities be required to hand over control of transmission system to a third party); Is mitigation only needed in the short term, or should it also apply in the long term ( *e.g.* , long-term contract mitigation); Adopting a formula that sets a generic area-wide rate cap ( *e.g.* , using a cost of capital set by the State commission(s)). *12 p.m.-1 p.m.* —Lunch. January 14, 2004—Afternoon Session *1 p.m.-4 p.m.* —Panel 4: Data Concerns and Miscellaneous Issues. Opening comments and introduction by staff. Presentations and reactions by panelists: Rodney Frame, Managing Partner, Washington Office of Analysis Group; Joe Pace, Director, LECG, LLC; Seabron Adamson, Director, Tabors, Caramoni & Associates; William Townsend, Senior Director of Database and Spatial, Platt's Energy Information and Trading Services; Steve Schleimer, Director of Market and Regulatory Affairs, Calpine Corp. Open microphone. Specific topics to be discussed in this session include the following: Restrictions on data access, related to security concerns or critical infrastructure (including confidentiality issues); Data concerns; Supply, demand (native load), outages, accuracy of FERC forms; Public accessibility to information used, and cost to obtain it; Accuracy of and access to OASIS postings; Definitions and conforming to NERC terms where possible; How should the generation dominance screen be used—as a definitive test or an indicative test? If indicative, does screen failure result in a hearing or additional studies? Should the Commission consider other measures of market power in generation markets in determining whether to grant market-based rate authority ( *e.g.* , monopsony power)? [FR Doc. E4-76 Filed 1-15-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6647-5] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at

(202)564-7167. An explanation of the ratings assigned to draft environmental impact statements

(EISs)was published in FR dated April 4, 2003 (68 FR 16511). Draft EISs *ERP No. D-AFS-G65091-NM Rating LO,* Surface Management of Gas Leasing and Development in the Carson National Forest, Implementation, Jicarilla Ranger District, Rio Arriba County, NM. *Summary:* EPA has no objections to the proposed action since the project includes mitigation and site specific Conditions of Approval (COA)'s. *ERP No. D-AFS-J65395-WY Rating EC2,* Lost Cabin Mine Project, Improvement of Historic Mining Road (Way 4170H) to Allow Motorized Access to the Lost Mine for Mineral Exploration, Plan-of -Operations, Medicine-Bow Routt National Forests and Thunder Basin National Grassland, Carbon County, WY. *Summary:* EPA expressed environmental concerns with potential impacts to water quality. The final EIS should include more information on the potential of the mining exploration to cause acid mine drainage. *ERP No. D-AFS-J65398-MT Rating EC2,* Judith Restoration Project, Proposal to Maintain and/or Restore Healthy Soil, Water and Vegetation Conditions, Lewis and Clark National Forest, Judith Ranger District, Judith Basin County, MT. *Summary:* EPA expressed environmental concerns with potential impacts to water quality, fisheries, and consistency of project activities with State/EPA development of TMDLs and Water Quality Restoration Plans to address impairments in the 303(d) listed South Fork Judith River. EPA recommended modifications in the final EIS to address these issues. *ERP No. D-AFS-K65261-CA Rating EC2,* Larson Reforestation and Fuel Reduction Project, Implementation, Stanislaus National Forest, Groveland Ranger District, Mariposa and Tuolumne Counties, CA. *Summary:* EPA expressed environmental concerns regarding the potential impacts to aquatic habitat as a result of aerial herbicide applications. EPA requested additional information regarding Best Management Practices, a more extensive cumulative impacts analysis, and including recent studies regarding impacts of nonylphenol and its ethoxylates on riparian ecosystems. *ERP No. D-BLM-J02041-WY Rating EC2,* Desolation Flats Natural Gas Field Development Project, Drilling Additional Development Wells, Carbon and Sweetwater Counties, WY. *Summary:* EPA expressed environmental concerns with potential adverse impacts to air quality, water quality and wildlife. EPA requested that the final EIS identify additional mitigation for air quality impacts and to include benefits and costs of implementation. EPA recommended updating visibility and lake acidification impacts and including mitigation to reduce additional emissions in Class 1 areas. The final EIS should add mitigation that would reduce storm water runoff from well pads, compressor stations and other disturbed areas related to project development. *ERP No. D-FHW-C40160-NY Rating EC2,* Cumberland Head Connector Road Construction, County Road 57 between U.S. 9 and the Peninsula (known as the Parkway), Funding, Town of Plattsburg, Clinton County, NY. *Summary:* EPA has environmental concerns regarding the alternative analysis, the direct/indirect impacts to wetlands and the appropriate mitigation requirements, and the need for further mitigation of stormwater runoff associated with the project. *ERP No. D-FHW-E40800-FL Rating EC2,* Indian Street Bridge PD&E Study, New Bridge Crossing of the South Fork of the St. Lucie River County Road 714 (Martin Highway)/SW 36th Street/Indian Street from Florida's Turnpike to East of Willoughby Boulevard, Martin County, FL. *Summary:* EPA has environmental concerns with the proposed project regarding the long term impacts and the continued degradation to aquatic resources of the St. Lucie River. Deficiencies have been identified in the alternatives analysis and consideration of options for mitigating adverse impacts. In addition, indirect and cumulative impacts were not assessed adequately in the DEIS. *ERP No. D-FRC-G02012-TX Rating EC2,* Freeport Liquefied Natural Gas

(LNG)Project, To Deliver Imported Liquefied Natural Gas to Shippers, Authorization of Site, Construction and Operation, Stratton Ridge Meter Station 2007, City of Freeport, Brazoria County, TX. *Summary:* EPA expressed environmental concern regarding wetland impacts/mitigation, Clean Water Act Section 402 permitting, vaporization water intake and discharge impacts, and conformity with the state's implementation plan for air quality. EPA requested additional information on these issues. *ERP No. D-FRC-L05230-OR Rating LO,* Pelton Round Butte Hydroelectric Project, (FERC No. 2030-036), Application for a New License for Existing 366.82-megawatt Project, Deschutes River, OR. *Summary:* EPA Region 10 used a screening tool to conduct a limited review of this action. Base upon the screen, EPA does not foresee having environmental objections to the proposed project. Therefore, EPA will not conduct a detailed review. *ERP No. D-NOA-K91012-00 Rating EC2,* Bottomfish and Seamount Groundfish Fisheries Conservation and Management Plan, Implementation, US Economic Zone

(EEZ)around the State of Hawaii, Territories of Samoa and Guam, Commonwealth of the Northern Mariana and various Islands and Atolls known as the U.S. Pacific remove island areas, HI, GU and AS. *Summary:* EPA expressed concerns regarding the integration of the proposed alternative with other restrictions on Bottomfish fishing in the Western Pacific, and impacts to federally-endangered Hawaiian Monk Seals. *ERP No. DS-COE-D36107-WV, Rating EC2,* Lower Mud River at Milton Project, Updated Information on the Milton Local Protection Project, Proposed Flood Damage Reduction Measure, City of Milton, Cabell County, WV. *Summary:* EPA expressed environmental concerns over impacts to wetlands and the effectiveness of the proposed wetland mitigation measures. EPA requested additional information regarding the mitigation measures, as well as baseline environmental conditions and predicted cumulative impacts. Final EISs *ERP No. F-AFS-J65369-MT,* Windmill Timber Sale and Road Decommissioning Project, Timber Harvesting, Road Construction and Road Decommissioning, Mill Creek Drainage, Absaroka Mountain Range, Gallatin National Forest, Park County, MT. *Summary:* The Final EIS includes planning, design and mitigation measures which will reduce environmental impacts to water quality and old growth habitat. EPA does have concerns for potential adverse environmental impacts from development of land transferred through exchange, should insufficient revenue be generated by the Windmill Timber Sale for land acquisition under the Gallatin Land Consolidation Act. *ERP No. F-AFS-J70021-SD,* Prairie Project Area, (Lower Rapid Creek Area) Multiple Resource Management Actions, Implementation, Black Hills National Forest, Mystic Ranger District, Pennington County, SD. *Summary:* EPA continues to have environmental concerns with erosion and impacts to soils and fish and wildlife habitats from roads and transportation, water runoff and sediment. *ERP No. F-COE-E39060-GA,* Lake Sidney Lanier Project to Continue the Ongoing Operation and Maintenance Activities Necessary for Flood Control, Hydropower Generation, Water Supply, Recreation, Natural Resources Management and Shoreline Management, US Army COE Section 10 and 404 Permits, Dawson, Forsyth, Lumpkin, Hill and Gwinnett Counties, GA. *Summary:* EPA has no objections to the proposed project. *ERP No. F-FHW-J40154-WY,* US 287/26 Improvements Project, Moran Junction to 12 miles west of Dubois to where the roadway traverses thru the Bridger-Teton and Shoshone National Forests and Grand Teton National Park, NPDES and U.S. Army COE Section 404 Permits Issuance, Teton and Fremont Counties, WY. *Summary:* EPA has environmental concerns with the preferred alternative regarding impacts to endangered species, habitat, water quality and the National Parks as well as concerns regarding erosion. *ERP No. F-FRC-E03010-FL,* Ocean Express Pipeline Project, Construction, Operation and Maintenance of an Interstate Natural Gas Pipeline extending from the Exclusive Economic Zone

(EEZ)boundary between the United States and the Bahamas, (Docket No. CP02-090-001-1) Plan of Operations Approval, NPDES and U.S. Army COE Section 10 and Possible 404 Permits, Broward County, FL. *Summary:* EPA expressed environmental concerns regarding

(1)the uncertainty of the actual level of impacts during proposed pipeline placement,

(2)the specifics of the final project mitigation, and

(3)the potential for public involvement in certain final project decisions such as contingencies. *ERP No. F-FRC-L05200-OR,* Bull Run Hydroelectric Project (FERC No.477-024), Proposal to Decommission the Bull Run Project and Remove Project Facilities including Marmot Dam, Little Sandy Diversion Dam and Roslyn Lake, and an Application to Surrender License, Sandy, Little Sandy, Bull Run Rivers, Town of Sandy, Clackamas County, OR. *Summary:* No formal comment letter was sent to the preparing agency. *ERP No. F-USA-C11021-NY,* Thomas Jefferson Hall and Other Construction Activities in the Cadet Zone of the United States Military Academy, Implementation, West Point, Hudson River Valley, Orange and Putnam Counties, NY. *Summary:* EPA has no objections to the proposed action. *ERP No. FS-BLM-K67051-NV,* Millennium Expansion Project, New Facilities Construction and Existing Gold Mining Operations Expansion, Plan-of-Operations Approval, Winnemucca, Humboldt County, NV. *Summary:* EPA expressed environmental concerns that additional measures may be needed to minimize potential air impacts and suggests that BLM pursue further reductions of mercury emissions and particulates, and require restoration of vegetation on future evaporation basins. Dated: January 13, 2004. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. 04-1051 Filed 1-15-04; 8:45 am]

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