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Code · REGISTER · 2004-02-05 · DEPARTMENT OF ENERGY · Notices

Notices. Notice

13,706 words·~62 min read·/register/2004/02/05/04-2419·

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BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-52-000] CenterPoint Energy Gas Transmission Company; Notice of Request Under Blanket Authorization January 29, 2004. Take notice that on January 14, 2004, CenterPoint Energy Gas Transmission Company (CEGT), 1111 Louisiana Street, Houston, Texas 77002-5231, filed in Docket No. CP04-52-000, a request pursuant to sections 157.205 and 157.216 of the Commission's regulations under the Natural Gas Act (18 CFR 157.205 and 157.216) for authorization to abandon certain facilities in the State of Texas, under CEGT's blanket certificate issued in Docket Nos.
CP82-384-000 and 001 pursuant to section 7(C) of the Natural Gas Act, all as more fully described in the request. Copies of this request are on file with the Commission and are available for public inspection. This filing may also be 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. CEGT proposes to abandon, by sale and transfer, certain above-ground facilities that are currently a part of various CEGT delivery point facilities in the State of Texas as described more fully in the request. CEGT further proposes to sell and transfer these facilities to CenterPoint Energy Entex (Entex), a distribution division of CenterPoint Energy, Incorporated, at the estimated net book value, of $23,025.96. CEGT states that no services would be abandoned as a result of the proposed sale and transfer. Entex, it is said, would own and operate these facilities as part of its distribution system. Any person or the Commission's Staff may, within 45 days after the issuance of the instant notice by the Commission, file pursuant to rule 214 of the Commission's procedural rules (18 CFR 385.214) a motion to intervene or notice of intervention and, pursuant to section 157.205 of the Commission's regulations under the Natural Gas Act
(NGA)(18 CFR 157.205) a protest to the request. If no protest is filed within the time allowed therefor, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. Any questions regarding this application should be directed to Lawrence O. Thomas, Director—Rates & Regulatory, CenterPoint Energy Gas Transmission Company, P.O. Box 21734, Shreveport, Louisiana 71151, or call
(318)429-2804. 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. E4-188 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-055-000] Northwest Pipeline Corporation and Terasen Sumas Inc.; Notice of Application January 29, 2004. Take Notice that on January 20, 2004, Terasen Sumas Inc. (Sumas) and Northwest Pipeline Corporation (Northwest) jointly filed in Docket No. CP04-055-000, an application pursuant to section 3 of the Natural Gas Act (NGA), part 153 of the regulations of the Federal Energy Regulatory Commission (Commission), Executive Order Nos. 10485 and 12038 and the Secretary of Energy's Delegation Order No. 0204-112 to transfer from Sumas to Northwest the authorization and Presidential Permit previously issued to Sumas in CP92-259-000. Sumas requests the Commission to issue an order transferring to Northwest the NGA section 3 authorization and Presidential Permit to operate and maintain facilities 1 at the international boundary between the United States and Canada in Whatcom County, Washington and near Sumas, Washington (the Facilities) for the importation and exportation of natural gas with Canada. 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. 1 Sumas has filed in CP04-56-000 to abandon by sale the facilities consisting of 205 feet of 24-inch diameter pipeline operated under the NGA section 3 authorization and Presidential Permit issued in CP92-259-000 to Northwest. Any questions concerning this application may be directed to Cynthia Des Brisay, Director, Business Development, Terasen Sumas Inc., 16705 Fraser Highway, Surrey, British Columbia, Canada, V3S 2X7, at
(604)592-7837 or fax
(604)592-7620 or Gary K. Kotter, Manager, Certificates and Tariffs—3C1, Northwest Pipeline Corporation, P.O. Box 58900, Salt Lake City, Utah 84158-0900, at
(801)584-7117 or fax
(801)584-7764. 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 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) by the comment date, below. 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. 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. If the Commission decides to set the application for a formal hearing before an Administrative Law Judge, the Commission will issue another notice describing that process. At the end of the Commission's review process, a final Commission order approving or denying an application will be issued. *Comment Date:* February 19, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-189 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-056-000] Terasen Sumas Inc.; Notice of Application January 29, 2004. Take notice that on January 20, 2004, Terasen Sumas Inc. (Sumas), 16705 Fraser Highway, Surrey, British Columbia, Canada, V3S 2X7 filed in Docket No CP04-056-000, an abbreviated application pursuant to section 7(b) of the Natural Gas Act (NGA), as amended, and part 157 of the regulations of the Federal Energy Regulatory Commission (Commission), to abandon its interstate pipeline facilities, located at the United States and Canadian border 1 near Sumas, Washington, by sale to Northwest Pipeline Corporation (Northwest) pursuant to a Facilities Sales Agreement, dated November 11, 2003. Sumas also requests that the Commission vacate Sumas' existing part 284 blanket transportation certificate. 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. 1 Sumas and Northwest have filed in CP04-55-000 an application pursuant to section 3 of the Natural Gas Act (NGA), part 153 of the regulations of the Commission, Executive Order Nos. 10485 and 12038 and the Secretary of Energy's Delegation Order No. 0204-112 to transfer from Sumas to Northwest the authorization and Presidential Permit previously issued to Sumas in CP92-259-000 to operate and maintain the above referenced facilities. The Sumas facilities consist of approximately 205 feet of 24-inch pipe connecting Northwest's SIPI Meter Station to the United States/Canada border. The facilities are located within Northwest's Sumas Compressor Station site. To alleviate inefficiencies inherent with SIPI's operation of its facilities within Northwest's site, Sumas agreed to sell its facilities to Northwest. Northwest will maintain and operate the facilities as an integrated part of its SIPI Meter Station for receipt and delivery of natural gas for its part 284 Shippers. Upon sale of these facilities Sumas will no longer have interstate pipeline facilities, and will no longer be an interstate pipeline company subject to the Commission's jurisdiction. Any questions concerning this application may be directed to Cynthia Des Brisay, Director, Business Development, Terasen Sumas Inc., 16705 Fraser Highway, Surrey, British Columbia, Canada, V3S 2X7, at
(604)592-7837 or fax
(604)592-7620. 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 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) by the comment date, below. 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. 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. If the Commission decides to set the application for a formal hearing before an Administrative Law Judge, the Commission will issue another notice describing that process. At the end of the Commission's review process, a final Commission order approving or denying an application will be issued. *Comment Date:* February 19,2004. Magalie R. Salas, Secretary. [FR Doc. E4-190 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-58-000, et al.] Louisiana Generating LLC, et al.; Electric Rate and Corporate Filings January 28, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Louisiana Generating LLC, and Big Cajun I Peaking Power LLC [Docket No. EC04-58-000] Take notice that on January 23, 2004, Louisiana Generating LLC and Big Cajun I Peaking Power LLC (Applicants) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization in connection with the transfer from Louisiana Generating LLC to Big Cajun I Peaking Power LLC of an interest in certain of Louisiana Generating LLC's jurisdictional switchyard facilities located in Louisiana. *Comment Date:* February 13, 2004. 2. Pacific Gas and Electric Company [Docket No. ER04-413-000] Take notice that on January 20, 2004, Pacific Gas and Electric Company (PG&E) tendered for filing Generator Special Facilities Agreements (GSFA), and Generator Interconnection Agreements between PG&E and Shiloh Wind Partners, LLC (Shiloh), Dinuba Energy, Inc. (Dinuba), and Kings River Conservation District (Kings River) (collectively, Parties). PG&E states that copies of this filing have been served upon Shiloh, Dinuba, Kings River, the California Independent System Operator Corporation and the California Public Utilities Commission. *Comment Date:* February 10, 2004. 3. Pacific Gas and Electric Company [Docket No. ER04-414-000] Take notice that on January 20, 2004, Pacific Gas and Electric Company (PG&E) tendered for filing a Generator Special Facilities Agreement, Generator Interconnection Agreement and a Supplemental Letter Agreement between PG&E and Calpine Gilroy Cogen, L.P. (Gilroy Cogen). PG&E states that copies of this filing have been served upon Gilroy Cogen, the California Independent System Operator Corporation and the CPUC. *Comment Date:* February 10, 2004. 4. Pacific Gas and Electric Company [Docket No. ER04-415-000] Take notice that on January 20, 2004, Pacific Gas and Electric Company (PG&E) tendered for filing Generator Special Facilities Agreements and Generator Interconnection Agreements between PG&E and the following parties: Berry Petroleum Company—Tannehill Cogen (Berry Tannehill), Berry Petroleum Company—University Cogen (Berry University), and Big Creek Water Works, Ltd. (Big Creek). PG&E states that copies of this filing have been served upon Berry Tannehill, Berry University, Big Creek, the California Independent System Operator Corporation and the California Public Utilities Commission. *Comment Date:* February 10, 2004. 5. Public Service Company of New Mexico [Docket No. ER04-416-000] Take notice that on January 20, 2004, Public Service Company of New Mexico
(PNM)submitted for filing certain revisions to PNM's Open Access Transmission Tariff (OATT), in compliance with the FERC “Notice Clarifying Compliance Procedures” in FERC Docket Nos. RM02-1-000 and RM02-1-001, to incorporate the Large Generator Interconnection Procedures and Large Generator Interconnection Agreement, as modified consistent with regional reliability standards. PNM states that its filing is available for public inspection at its offices in Albuquerque, New Mexico. PNM states that copies of the filing have been sent to all PNM large generation interconnection customers, to all entities that have pending large generation interconnection requests with PNM, to the New Mexico Public Regulation Commission, and to the New Mexico Attorney General. *Comment Date:* February 10, 2004. 6. Xcel Energy Operating Companies [Docket No. ER04-419-000] Take notice that on January 20, 2004, Xcel Energy Services Inc., on behalf of Xcel Operating Companies, filed proposed revisions to the Xcel Energy Operating Companies Joint Open Access Transmission Tariff (Joint OATT) pursuant to section 205 of the Federal Power Act, 16 U.S.C. 824d (2000), and in compliance with Federal Energy Regulatory Commission's Order No. 2003, Standardization of Generator Interconnection Agreements and Procedures, Order No. 2003, 68 FR 49845 (August 19, 2003); FERC Stats. & Regs. ¶ 31,146
(2003)(Final Rule). Xcel states that the revised tariff pages incorporate into the Joint OATT the *pro forma* standard Large Generation Interconnection Procedures and the *pro forma* standard Large Generation Interconnection Agreement adopted in Order No. 2003, with certain limited variations to reflect regional differences and to provide consistency in application across the Xcel Energy Operating Companies. Xcel Energy Services, Inc. states that the proposed Joint OATT changes will affect new large generation interconnection requests (20 MW and above) to the transmission systems of Public Service Company of Colorado and Cheyenne Light, Fuel & Power Company. Xcel further states that the revised tariff sheets are proposed to be effective January 20, 2004, the date of the instant filing, pursuant to the final rule, without suspension. *Comment Date:* February 10, 2004. 7. Central Maine Power Company [Docket No. ER04-425-000] Please take notice that on January 20, 2004, Central Maine Power Company
(CMP)submitted a Notice of Assignment and Assumption with respect to the Continuing Site/Interconnection Agreement between CMP and FPL Energy Maine, Inc., FERC Electric Tariff, Fifth Revised Volume No. 3, Original Service Agreement Number 158. *Comment Date:* February 10, 2004. 8. BlueStar Energy Services, Inc. [Docket No. ER04-426-000] Take notice that on January 20, 2004, BlueStar Energy Services, Inc. (BlueStar) petitioned the Commission for acceptance of 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. BlueStar states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer and is not in the business of generating or transmitting electric power. BlueStar further states that it is an unaffiliated company. *Comment Date* : February 10, 2004. 9. Nicor Energy Management Service Company [Docket No. ER04-427-000] Take notice that on January 20, 2004, Nicor Energy Management Services Company (NEMS), pursuant to section 35.15 of the Commission's regulations, filed with the Commission a Notice of Cancellation of its market-based wholesale electric tariff, which consists of Rate Schedule FERC No. 1 and all rate schedules and/or service agreements there under effective January 31, 2004. *Comment Date:* February 10, 2004. 10. Dayton Power and Light Company [Docket No. ER04-428-000] Take notice that on January 20, 2004, Dayton Power and Light tendered for filing an original tariff sheet to comply with the Federal Energy Regulatory Commission's Final Rule on Standardization of Generator Interconnection Agreements and Procedures in Docket No. RM02-1-000 issued July 23, 2003. *Comment Date:* February 10, 2004. 11. PacifiCorp [Docket No. ER04-431-000] Take notice that on January 20, 2004, PacifiCorp tendered for filing with the Federal Energy Regulatory Commission (Commission) a request for an extension of time to adopt the *pro forma* large generator interconnection tariff provisions ( *pro forma* ) of the Commission's Order No. 2003 or, in the alternative, a request for acceptance by the Commission of PacifiCorp's amended large generator interconnection provisions for incorporation into its open access transmission tariff. PacifiCorp states that these requests are necessary to protect its legal rights. PacifiCorp also states that copies of the filing were served upon all appropriate parties. *Comment Date:* February 10, 2004. 12. Bangor Hydro-Electric Company, Central Maine Power Company, Fitchburg Gas and Electric Light Company, Maine Electric Power Company, New England Power Company, Northeast Utilities Service Company, on behalf of the Connecticut Light and Power Company, Western Massachusetts Electric Company, Public Service Company of New Hampshire, Holyoke Power and Electric Company, Holyoke Water Power Company, NSTAR Electric and Gas Corporation, on behalf of Boston Edison Company, Cambridge Electric Light Company, and Commonwealth Electric Company the United Illuminating Company, Unitil Energy Systems, Inc., and Vermont Electric Power Company [Docket No. ER04-432-000] Take notice that on January 20, 2004, New England Transmission Owners, consisting of the companies listed above, in compliance with Order No. 2003, Standardization of Generator Interconnection Agreements and Procedures, FERC ¶ 31,146 (2003), jointly submitted revisions to their Open Access Transmission Tariffs for Local Network Service incorporating, with proposed regional variations, Order No. 2003's pro forma Standardized Large Generator Interconnection Procedures and Standardized Large Generator Interconnection Agreement. *Comment Date:* February 10, 2004. 13. New England Power Pool [Docket No. ER04-433-000] Take notice that on January 20, 2004, the New England Power Pool (NEPOOL) Participants Committee submitted for filing amendments to the NEPOOL Open Access Transmission Tariff designed to include standardized generator interconnection procedures and a standardized generator interconnection agreement for interconnections to the regional transmission system in New England. NEPOOL states that these amendments are filed in compliance with the Commission's Order No. 2003. The NEPOOL Participants Committee states that copies of these materials were sent to the NEPOOL Participants, Non-Participant Transmission Customers and the New England state governors and regulatory commissions. *Comment Date:* February 10, 2004. 14. Basin Electric Power Cooperative [Docket No. NJ04-2-000] Take notice that on January 20, 2004, Basin Electric Power Cooperative (Basin Electric) tendered for filing its Large Generator Interconnection Procedures
(LGIP)and Large Generator Interconnection Agreement
(LGIA)in accordance with Order No. 2003 in compliance with Standardization of Generator Interconnection Agreements and Procedures, Order No. 2003, 68 FR 49845, FERC Stats. & Regs. ¶ 31,146, 104 FERC ¶ 61,103 (2003), order denying stay and granting extension, 105 FERC ¶ 61,043 (2003). Basin Electric requests that the Commission allow the Revised Sheets to become effective January 20, 2004. Basin Electric states that copies of the filing were served upon customers under the West-Side OATT and the Public Service Company of Colorado, the Iowa Utilities Board, the Minnesota Public Utilities Commission, the Montana Public Service Commission, the Nebraska Public Service Commission, the New Mexico Public Service Commission, the North Dakota Public Service Commission, the South Dakota Public Utilities Commission, and the Wyoming Public Service Commission. *Comment Date:* February 10, 2004. 15. New England Power Pool and New England Independent System Operator [Docket No. OA97-237-016] Take notice that on January 20, 2004, the New England Power Pool (NEPOOL) Participants Committee and ISO New England Inc. (ISO-NE), pursuant to the Commission's December 22, 2003, Order in Docket Nos. OA97-237-012, -013, and -014, 105 FERC ¶ 61,317 (the December 22 Order), and pursuant to rule 1907 of the Commission's rules of practice and procedure, 18 CFR 385.1907 (2003), have jointly submitted an informational report which:
(1)Provides annual transmission revenue requirement submissions for the Fitchburg Gas and Electric Light Company, revised in accordance with the December 22 Order; and,
(2)states that NEPOOL and ISO-NE will implement on or before NEPOOL's April 2004 billing cycle an adjustment for previously billed charges for regional network service under the formula rate provisions of the NEPOOL Tariff for charges in effect for the NEPOOL rate years June 1, 1997, through May 31, 2000, to reflect the findings in the December 22 Order regarding an audit of those charges undertaken by NEPOOL and ISO-NE. The NEPOOL Participants Committee and ISO-NE state that copies of these materials were sent to the NEPOOL Participants and the New England State governors and regulatory commissions. *Comment Date:* February 10, 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. E4-185 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-12-000] TransColorado Gas Transmission Company; Notice of Availability of the Environmental Assessment for the Proposed Compression Expansion Project January 29, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment
(EA)on the natural gas pipeline facilities proposed by TransColorado Gas Transmission Company (TransColorado) in the above-referenced docket. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The staff concludes that approval of the proposed project (“Compression Expansion Project”), with appropriate mitigating measures as recommended, would not constitute a major Federal action significantly affecting the quality of the human environment. The EA evaluates alternatives to the proposal, including the no-action alternative, system alternatives, and site alternatives. The EA assesses the potential environmental effects of the construction and operation of the proposed facilities in Colorado. The purpose of the Compression Expansion Project is to enable TransColorado to increase transportation capacity on its system by 125,000 dekatherms per day. Specifically, TransColorado would: • Construct a new compressor station (Whitewater) in Mesa County and install one 4,735-horsepower
(hp)compressor; • Re-wheel a compressor at the existing Olathe Compressor Station in Montrose County, with no change in horsepower; • Construct a new compressor station (Redvale) and 692 feet of 10-inch-diameter pipeline (Redvale Pipeline) in Montrose County, and install one 4,735-hp compressor; • Install one 3,550-hp compressor at the existing Dolores Compressor Station in Dolores County; • Construct a new compressor station (Mancos) in Montezuma County and install two 3,550-hp compressors; and • Construct, modify, and operate certain ancillary facilities entirely within the above-identified compressor stations. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference and Files Maintenance Branch, 888 First Street, NE., Room 2A, Washington, DC 20426,
(202)502-8371. Copies of the EA have been mailed to Federal, State, and local agencies; public interest groups; interested individuals; newspapers; libraries; and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please follow these instructions carefully to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of Gas Branch 1, PJ-11.1; • Reference Docket No. CP04-12-000; and • Mail your comments so that they will be received in Washington, DC, on or before March 5, 2004. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. 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 which can be created on-line by clicking on “Sign-up.” Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to be a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214) 1 . Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed. 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 comments considered. Additional information about the proposed project is available from the Commission's Office of External Affairs, at 1-866-208-FERC (1-866-208-3372) or on the FERC Internet Web site ( *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 which 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 notifications of these filings, document summaries, and direct links to the documents. Go to *https://ferconline.ferc.gov/,* click on “eSubscription” and then click on “Sign-up.” Magalie R. Salas, Secretary. [FR Doc. E4-193 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-51-000] ANR Pipeline Company; Notice of Intent To Prepare an Environmental Assessment for the Proposed Eastleg Expansion Project and Request for Comments on Environmental Issues and Notice of Site Visit January 29, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)that will discuss the environmental impacts of the Eastleg Expansion Project involving construction and operation of facilities by ANR Pipeline Company
(ANR)in Washington, Brown and Ontoco Counties, Wisconsin. 1 These facilities would consist of about 8 miles of various diameter pipelines and one gas cooler at a compressor station. This EA will be used by the Commission in its decisionmaking process to determine whether the project is in the public convenience and necessity. 1 ANR's application was filed with the Commission under section 7 of the Natural Gas Act and part 157 of the Commission's regulations. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with State law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice ANR provided to landowners. 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* ). Summary of the Proposed Project ANR wants to expand the capacity of its natural gas pipeline facilities to transport an additional 143,400 million British Thermal Units per day of natural gas along its 30-inch-diameter mainline in Wisconsin that would in turn serve two recently approved power plants under construction. ANR seeks authority to construct and operate: • 4.7 miles of 30-inch-diameter pipeline to replace 4.7 miles of 14-inch-diameter pipeline, to be abandoned by removal, in Washington County, Wisconsin, including one new pig launcher and two new pig receivers (Mainline Replacement); • 3.5 miles of 8-inch-diameter pipeline looping in Brown County, Wisconsin, including one new pig launcher and receiver and two tie-in facilities (Denmark Lateral Loop); and • Modifications on its existing Mountain Compressor Station in Ontoco County, Wisconsin, including re-wheeling of a compressor unit and addition of a gas cooler and new piping and appurtenant facilities. The general location of the project facilities is shown in appendix 1. 2 2 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices, other than appendix 1 (maps), are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to page 6 of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Land Requirements for Construction Construction of the proposed facilities would require about 125 acres of land, of which 38 acres is currently in permanent right-of-way
(ROW)easement and 87 acres would be temporary ROW easement. Following construction, about 10 acres of the temporary ROW easement would be converted to new permanent right-of-way for maintenance of the Denmark Lateral Loop. The remaining 77 acres of temporary ROW would be restored and allowed to revert to its former use. The EA Process The National Environmental Policy Act
(NEPA)requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 3 to discover and address concerns the public may have about proposals. This process is referred to as “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission requests public comments on the scope of the issues it will address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern. 3 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: • Geology and soils • Water resources, fisheries, and wetlands • Vegetation and wildlife • Endangered and threatened species • Cultural resources • Air quality and noise • Hazardous waste • Public safety • Land use We will not discuss impacts to the following resource areas since they are not present in the project area, or would not be affected by the proposed facilities: • Sole source aquifers • Prime farmland We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are considered, please carefully follow the instructions in the public participation section beginning on this page. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by ANR. This preliminary list of issues may be changed based on your comments and our analysis. • Four state-protected aquifers occur in the project area, including the Sand and Gravel Aquifer, the Eastern Dolomite Aquifer, the Sandstone Aquifer, and the Crystalline Bedrock Aquifer. • Approximately twenty water wells may be within 150 feet of the construction work area. • Approximately 5.5 miles of cropland would be crossed by the pipelines. • Approximately 2,000 feet of wetlands would be crossed by the pipelines. • The Fox River would be crossed by drilling underneath the river. • Two federally threatened species may occur in the proposed project area. • Residential subdivisions occur along the pipeline replacement and looping, with at least 12 residences within 50 feet of the construction work area. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commenter, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal, including alternative pipeline alignments, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • 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 the comments for the attention of Gas Branch 2. • Reference Docket No. CP04-051-000. • Mail your comments so that they will be received in Washington, DC on or before March 1, 2004. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. *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 which can be created on-line. If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (appendix 4). If you do not return the Information Request, you will be taken off the mailing list. Notice of Site Visit The OEP staff will conduct a site visit on February 17 and February 18, 2004, to inspect ANR's proposed pipeline replacement and looping for the Eastleg Expansion Project. The areas will be inspected by automobile. Representatives of ANR will accompany the OEP staff. Anyone interested in participating in the February 17 site visit for the Mainline Replacement in Washington County should meet at the Hawthorn Inn & Suites, W227 N16890 Tillie Lake Court, Jackson, Wisconsin 53037, at 2 p.m. Anyone interested in participating in the February 18 site visit for the Denmark Lateral Loop in Brown County should meet at the Riverside Shell gas station, 1010 S Broadway, DePere, Wisconsin 54115, at 12 p.m. Participants must provide their own transportation. For additional information, contact the Commission's Office of External Affairs at 1-866-208-FERC. Becoming an Intervenor In addition to involvement in the EA 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. Likewise, each intervenor must provide 14 copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see appendix 2). 4 Only intervenors have the right to seek rehearing of the Commission's decision. 4 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. 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. Environmental Mailing List An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within distances defined in the Commission's regulations of certain aboveground facilities. By this notice we are also asking governmental agencies, especially those in appendix 3, to express their interest in becoming cooperating agencies for the preparation of the EA. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC 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 which 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. Go to *http://www.ferc.gov/esubscribenow.htm.* Finally, 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. E4-187 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene and Protests January 29, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New major license. b. *Project No.:* 382-026. c. *Date Filed:* February 26, 2003. d. *Applicant:* Southern California Edison Company. e. *Name of Project:* Borel Hydroelectric Project. f. *Location:* On the Kern River near the town of Bodfish, Kern County, California. The canal intake for the project is located on approximately 188 acres of Sequoia National Forest Service lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Nino J. Mascolo, Senior Attorney, Southern California Edison Co., 2244 Walnut Grove Avenue, P.O. Box 800, Rosemead, California 91770. i. *FERC Contact:* Emily Carter at
(202)502-6512 or *Emily.Carter@ferc.gov* . j. *Deadline for filing motions to intervene and protests:* 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. 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 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 for filing, but is not ready for environmental analysis at this time. l. The existing Borel Hydroelectric Project (Project) consists of:
(1)A 158-foot long, 4-foot-high concrete diversion dam with fishway;
(2)a 61-foot-long intake structure with three 10- by 10-foot radial gates;
(3)a canal inlet structure consisting of a canal intake, trash racks, and a sluice gate;
(4)a flowline with a combined total length of 1,985 feet of tunnel, 1,651 feet of steel Lennon flume, 3,683 feet of steel siphon, and 51,835 feet of concrete-lined canal;
(5)four steel penstock, penstocks 1 and 2 are 526 feet long and 565 feet long, respectively with varying diameters between 42 and 60 inches, penstocks 3 and 4 each have a 60-inch-diameter and extend 622 feet at which point they wye together to form a single 84-inch-diameter, 94-foot-long penstock;
(6)a powerhouse with two 3,000-kW generators and a 6,000-kW generator for a total installed capacity of 12,000 kW or 12 MW; and
(7)other appurtenant facilities. The Project has no storage capability and relies on water releases from Lake Isabella made by the U.S. Army Corp of Engineers. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit a protest or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests 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 protests or motions to intervene must be received on or before the specified deadline date for the particular application. When the application is ready for environmental analysis, the Commission will issue a public notice requesting comments, recommendations, terms and conditions, or prescriptions. All filings must
(1)bear in all capital letters the title “PROTEST” or “MOTION TO INTERVENE”;
(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 protesting or intervening; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. Magalie R. Salas, Secretary. [FR Doc. E4-186 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12451-001] SAF Hydroelectric, LLC; Notice of Application Tendered for Filing With the Commission, Soliciting Additional Study Requests, and Establishing Procedures for Licensing and a Deadline for Submission of Final Amendments January 29, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Original major license. b. *Project No.:* 12451-001. c. *Date Filed:* January 20, 2004. d. *Applicant:* SAF Hydroelectric, LLC. e. *Name of Project:* Lower St. Anthony Falls Hydroelectric Project. f. *Location:* On the Mississippi River, in the Town of Minneapolis, Hennepin County, Minnesota. The project affects Federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Douglas A. Spaulding, P.E., Spaulding Consultants, 1433 Utica Avenue South, Suite 162, Minneapolis, MN 55416,
(952)544-8133 or Robert Larson, 33 South 6th Street, Minneapolis, MN 55402,
(612)343-2913. i. *FERC Contact:* Kim Carter at
(202)502-6486, or *Kim.Carter@ferc.gov* . j. *Cooperating Agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item
(l)below. k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. *Deadline for Filing Additional Study Requests and Requests for Cooperating Agency Status:* March 22, 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. The Commission's rules of practice require all interveners 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 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. Additional study requests may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filing. *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. After logging into the e-Filing system, select “Comment on Filing” from the Filing Type Selection screen and continue with the filing process. m. *Status:* This application is not ready for environmental analysis at this time. n. *Description of Project:* The proposed Lower St. Anthony Falls Hydroelectric Project would be located at the U.S. Army Corps of Engineers (Corps) Lower St. Anthony Falls Lock and Dam and would utilize 5.9 acres of Corps lands. The generation turbines would be located in an auxiliary lock chamber adjacent to the Corp's main lock chamber. An auxiliary building, storage yard, and buried transmission line would occupy additional Corps lands. The project would operate in a run-of-river mode, according to the Corp's operating criteria which maintains a constant water surface elevation of 750.0 m.s.l. in the 33.5-acre reservoir. The proposed project would consist of the following features:
(1)16 turbine/generator units grouped in eight steel modules 6.2-foot-wide by 12.76 feet high having a total installed capacity of 8,980 kilowatts, each module contains 2 turbine/generator sets (two horizontal rows of 1 unit each) installed in eight stoplog slots on the auxiliary lock structure;
(2)a 1,050-foot-long, 13,800-volt buried transmission line;
(3)a 21-foot by 81-foot control building to house switchgear and controls;
(4)a 20-foot by 30-foot project office and storage building; and
(5)appurtenant facilities. The applicant estimates that the average annual generation would be about 57,434,000 kilowatt-hours. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field (P-12451), to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* , or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in paragraph
(h)above. p. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. q. With this notice, we are initiating consultation with the Minnesota State Historic Preservation Officer (SHPO), as required by § 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. r. *Procedural Schedule and Final Amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made if the Commission determines it necessary to do so: Action Tentative date Issue Deficiency Letter March 2004. Issue Acceptance letter March 2004. Issue Scoping Document 1 for comments May 2004. Request Additional Information March 2004. Notice of application is ready for environmental analysis January 2005. Notice of the availability of the EA May 2005. Ready for Commission's decision on the application July 2005. Unless substantial comments are received in response to the EA, staff intends to prepare a single EA in this case. If substantial comments are received in response to the EA, a final EA will be prepared with the following modifications to the schedule. Notice of the availability of the final EA: July 2005. Ready for Commission's decision on the application: September 2005. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice. Magalie R. Salas, Secretary. [FR Doc. E4-191 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 2601-007, 2602-005, 2603-012, and 2619-012] Duke Power; Notice of Intent To Prepare an Environmental Assessment and Notice of Scoping Meetings and Site Visits and Soliciting Scoping Comments January 29, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Applications* : 3 Subsequent Minor Licenses and 1 New Major License. b. *Project Nos.* : 2601-007, 2602-005, 2603-012, and 2619-012. c. *Date filed* : July 22, 2003. d. *Applicant* : Duke Power. e. *Names of Projects* : Bryson Hydroelectric Project No. 2601-007 (Minor); Dillsboro Hydroelectric Project No. 2602-005 (Minor); Franklin Hydroelectric Project No. 2603-012 (Minor); and Mission Hydroelectric Project No. 2619-012 (Major). f. *Location* : On the Oconaluftee River, Swain County, NC; on the Tuckasegee River, Jackson County, NC; on the Little Tennessee River, Macon County, NC; and on the Hiwassee River, Clay County, NC, respectively. The projects do not occupy any Federal lands. g. *Filed Pursuant to* : Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact* : Mr. Jeffrey G. Lineberger; Manager, Hydro Licensing. Duke Power. 526 South Church Street, PO Box 1006, Charlotte, NC 28201-1006. i. *FERC Contact* : Lee Emery,
(202)502-9379 or *lee.emery@ferc.gov* and Carolyn Holsopple,
(202)502-6407 or *carolyn.holsopple@ferc.gov* . j. *Deadline for filing scoping comments* : March 12, 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. 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 on 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. Scoping comments 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. These applications are not ready for environmental analysis at this time. l. The proposed Bryson Hydroelectric Project would operate in a run-of-river
(ROR)mode, within 6 inches of full pond elevation. Project operation is dependent on available flow in the Oconaluftee River. The project consists of the following features:
(1)A 341-foot-long, 36-foot-high concrete multiple arch dam, consisting of, from left to right facing downstream,
(a)a concrete, non-overflow section,
(b)two gravity spillway sections, each surmounted by a 16.5-foot-wide by 16-foot-high Taintor gate, and
(c)an uncontrolled multiple-arch spillway with four bays;
(2)a 1.5-mile-long, 38-acre impoundment at surface elevation 1828.41 feet (ft.) msl (mean sea level);
(3)two intake bays, each consisting of an 8.5-foot-diameter steel intake pipe with a grated trashrack having a clear bar spacing of between 2.25 to 2.5 inches;
(4)a powerhouse containing two turbine/generating units, having a total installed capacity of 980 kilowatts (kW);
(5)a switchyard, with three single-phased transformers; and
(6)appurtenant facilities. There is no bypassed stream reach. Duke Power estimates that the average annual generation is 5,534,230 kilowatt hours (kWh). Duke Power uses the Bryson Project facilities to generate electricity for use by retail customers living in the Duke Power-Nantahala Area. The proposed Dillsboro Hydroelectric Project would operate in a ROR mode, within 6 inches of full pond elevation. Project operation is dependent on flows in the Tuckasegee River, which are affected by Duke Power's East Fork and West Fork Tuckasegee River projects which release flows upstream from the Dillsboro Project. The Dillsboro Project consists of the following features:
(1)A 310-foot-long, 12-foot-high concrete masonry dam, consisting of, from left to right facing downstream,
(a)a concrete, non-overflow section,
(b)a 14-foot-long uncontrolled spillway section,
(c)a 20-foot-long spillway section with two 6-foot-wide spill gates,
(d)a 197-foot-long uncontrolled spillway section;
(e)an 80-foot-long intake section, and
(f)a concrete, non-overflow section;
(2)a 0.8-mile-long,15-acre impoundment at elevation 1972.00 ft. msl;
(3)two intake bays, each consisting of a reinforced concrete flume and grated trashracks having a clear bar spacing varying from 2.0 to 3.38 inches;
(4)a powerhouse containing two turbine/generating units, having a total installed capacity of 225 kW;
(5)a switchyard, with three single-phased transformers; and
(6)appurtenant facilities. There is no bypassed stream reach. Duke estimates that the average annual generation is 912,330 kWh. Duke uses the Dillsboro Project facilities to generate electricity for use by retail customers living in the Duke Power-Nantahala Area. Duke has determined that the Dillsboro Project is uneconomical and a settlement recently filed with the Commission may influence whether the dam and powerhouse would be removed or not. However, Duke has not filed a license surrender application for the project or withdrawn its current license application. The proposed Franklin Hydroelectric Project would operate in a ROR mode, within 6 inches of full pond elevation. Project operation is dependent on available flow in the Little Tennessee River. The Franklin Project consists of the following features:
(1)A 462.5-foot-long, 35.5-foot-high concrete masonry dam, consisting of, from left to right facing downstream,
(a)a 15-foot-long non-overflow section,
(b)a 54-foot-long ungated Ogee spillway,
(c)a 181.5-foot-long gated spillway section, having six gated, ogee spillway bays,
(d)a 54-foot-long ungated Ogee spillway,
(e)a 25-foot-long non-overflow section, and
(f)a 70-foot-long non-overflow section;
(2)a 4.6-mile-long, 174-acre impoundment at elevation 2000.22 ft. msl;
(3)three intake bays, each consisting of a flume and grated trashracks having a clear bar spacing of 3 inches;
(4)a powerhouse containing two turbine/generating units having a total installed capacity of 1,040 kW;
(5)a switchyard, with a single three-phase transformer; and
(6)appurtenant facilities. There is no bypasses stream reach. Duke Power estimates that the average annual generation is 5,313,000 kWh. Duke Power uses the Franklin Project facilities to generate electricity for use by retail customers living in the Duke Power-Nantahala Area. The proposed Mission Hydroelectric Project would operate in a ROR mode, within 6 inches of full pond elevation. Project operation is dependent on available flow in the Hiwassee River, which is regulated by TVA's Chatuge dam located upstream from the Mission Project. The Mission Project consists of the following features:
(1)A 397-foot-long, 50-foot-high concrete gravity dam, consisting of, from left to right facing downstream,
(a)three bulkhead sections,
(b)seven ogee spillway sections, surmounted by 14-foot-high by 16-foot-wide gates,
(c)four bulkhead sections, and
(d)a powerhouse intake structure;
(2)a 47-acre impoundment at elevation 1658.17 ft. msl;
(3)three intake bays, each consisting of an 8-foot-diameter steel-cased penstock and a grated trashrack having a clear bar spacing of between 2.25 to 2.5 inches;
(4)a powerhouse containing three turbine/generating units, having a total installed capacity of 1,800 kW;
(5)a switchyard, with a single three-phase transformer; and
(6)appurtenant facilities. There is no bypassed reach. Duke Power estimates that the average annual generation is 8,134,370 kWh. Duke Power uses the Mission Project facilities to generate electricity for use by retail customers living in the Duke Power-Nantahala Area. 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 website 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, 1-202-502-8659. Copies are also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/esuscribenow.htm* to be notified via e-mail of new filings and issuances related to these or other pending projects. For assistance, contact FERC Online Support. n. *Scoping Process* : The Commission intends to prepare a single, combined Environmental Assessment
(EA)for the proposed projects in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action. *Scoping Meetings* : FERC staff will conduct two afternoon scoping meetings and two evening scoping meetings. The evening scoping meetings are primarily for public input, while the afternoon scoping meetings will focus on resource agency, tribal, and non-governmental organization
(NG)concerns. All interested individuals, organizations, Indian tribes, and agencies are invited to attend one or both of the meetings, and to assist the staff in identifying the scope of the environmental issues that should be analyzed in the EA. The times and locations of these meetings are as follows: *Agency Scoping Meetings* : *Date* : Tuesday, February 10, 2004. *Time* : 2 p.m.-4 p.m. *Place* : Macon County Courthouse. *Address* : 5 West Main Street, Franklin, NC 28734. *Date* : Wednesday, February 11, 2004. *Time* : 11 a.m.-1 p.m. *Place* : Moss Memorial Library. *Address* : 26 Anderson Street, Hayesville, NC 28904. *Public Scoping Meetings* : *Date* : Tuesday, February 10, 2004. *Time* : 7 p.m.-10 p.m. *Place* : Jackson County Administration Building. *Address* : 401 Grindstaff Cove Road, Sylva, NC 28779. *Date* : Wednesday, February 11, 2004. *Time* : 7 p.m.-10 p.m. *Place* : United Community Bank. *Address* : 95 Highway 64 West, Hayesville, NC 28904. *Objectives* : At the scoping meetings, staff will:
(1)Summarize the environmental issues tentatively identified for analysis in the EA;
(2)solicit from the meeting participants all available information, especially empirical data, on the resources at issue;
(3)encourage statements from experts and participants on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff's preliminary views;
(4)determine the resource issues to be addressed in the EA; and
(5)identify those issues that do not require a detailed analysis. *Procedures* : The meetings will be recorded by a stenographer and become part of the formal record of the Commission proceeding on the project. Individuals, organizations, agencies, and Indian tribes with environmental expertise and concerns are encouraged to attend the meetings and to assist Commission staff in defining and clarifying the issues to be addressed in the EA. Copies of the Scoping Document
(SD1)outlining the subject areas to be addressed in the EA are being distributed to the parties on the Commission's mailing list. Copies of the SD1 will be available at the scoping meetings or may be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link ( *see* item m above). These meetings are posted on the Commission's calendar located on the Internet at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. *Site Visits:* Duke Power and the Commission staff will conduct project site visits in two segments on February 10 and February 11, 2004. On the first day we will meet at 8 a.m. at the Bryson Project. On the second day we will meet at 9 a.m. at the Mission Project. Site visitors will be responsible for their own transportation. Anyone with questions regarding the site visits should contact Mr. John C. Wishon of Duke Power at
(828)369-4604. The times and locations of these site visits are as follows: *Re:* Bryson, Dillsboro, and Franklin Projects. *Date:* Tuesday, February 10, 2004. *Time:* 8 a.m.-12 p.m. *Place:* Bryson Project. *Address:* 310 Dam Road, Whittier, NC 28789. *Re:* Mission Project. *Date:* Wednesday, February 11, 2004. *Time:* 9 a.m.-10 a.m. *Place:* Mission Project. *Address:* 1765 Mission Dam Road, Murphy, NC 28906. Magalie R. Salas, Secretary. [FR Doc. E4-192 Filed 2-4-04; 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 30, 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.:* 12484-000. c. *Date Filed:* December 30, 2003. d. *Applicant:* Metro Hydroelectric Company LLC. e. *Name of Project:* Metro Hydroelectric Project f. *Location:* The proposed project would be located at the FirstEnergy Corporation's (formally Ohio Edison) dam on the Cuyahoga River in Summit County near Akron, Ohio. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. M. Clifford Phillips, Metro Hydroelectric Company LLC, 3465 Arlington Road Suite E-168, Akron, Ohio 44312,
(330)256-7979. i. *FERC Contact:* Any questions on this notice should be addressed to Mr. Lynn R. Miles, Sr. at
(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. Please include the project number (P-12484-000) on any comments, protest, 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. *Description of Project:* The proposed run-of-river project would consist of:
(1)An existing 429-foot-long, 47-foot-high dam,
(2)an impoundment with a surface area of 34 acres and a storage capacity of 589 acre-feet at normal maximum water surface elevation of 912 feet mean sea level,
(3)one proposed 350-foot-long, 7.5-foot-diameter penstock,
(4)a proposed powerhouse containing one or more turbine/generating units with a combined installed capacity of 27.75 megawatts,
(5)a proposed one-half mile-long, 12.5-kilovolt transmission line, and
(6)appurtenant facilities. The project would have an average annual generation of 10,300 megawatt-hours. l. *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. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *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. o. *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. p. *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. q. *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. r. *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. s. *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. t. *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. E4-215 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER03-1345-000] Midwest Independent Transmission System Operator, Inc.; Supplemental Notice of Technical Conference January 30, 2004. The January 22, 2004, Notice of Technical Conference in this proceeding indicated that a technical conference regarding the Midwest Independent Transmission System Operator, Inc.'s (Midwest ISO) proposed revision to Attachment C of its Open Access Transmission Tariff, relating to the calculation of Available Flowgate Capacity (AFC), will be held on Thursday, February 5, 2004, at 9 a.m. This conference will be held in Room 3M-1 at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All interested persons may attend the conference, and registration is not required. However, attendees are asked to contact Nat Davis at
(202)502-6171 or *nathaniel.davis@ferc.gov* so that name tags for attendees can be created. The agenda for the technical conference is attached. The topics will commence with a presentation by the Midwest ISO followed by a discussion. The conference will focus on the questions identified in the agenda. After the conference, Commission Staff will set a schedule for Comments and Reply Comments to be filed. Magalie R. Salas, Secretary. Technical Conference Agenda *9-9:30 a.m.:* Introductions—Commission Staff and Midwest ISO. *9:30-12 p.m.:* Questions and responses to Midwest ISO proposed AFC calculation for transmission requests that source and/or sink within the AmericanTransmission Company, LLC
(ATCo)footprint (Staff's questions are set forth below). • Is the technology available to the Midwest ISO system operator to evaluate all affected flowgates for firm and non-firm transmission requests
(a)for the individual ATCo control areas and
(b)for the combined ATCo control areas? • The proposed interim treatment of non-firm transactions sourcing and sinking within the ATCo footprint would reduce granularity, as compared with the ongoing work of Midwest ISO in increasing the level of specificity and detail (granularity) employed in its flow-based analysis of transmission service requests for all other Midwest ISO transactions, both firm and non-firm. How does Midwest ISO plan to
(a)ensure that non-firm transactions are approved on a first-come, first-served basis and
(b)ensure that transactions that cause congestion are not approved and not scheduled? • Midwest ISO refers to the combining of the ATCo control areas into one as a “Virtual ATC area.” What is a “Virtual ATC area”? Are there any other examples within Midwest ISO or in other system of a “Virtual ATC area”? • Does Midwest ISO have a procedure to identify and provide transparency of non-firm transactions that take place within the “Virtual ATC area”? • If congestion occurs within the “Virtual ATC area,” how does Midwest ISO plan to relieve such congestion;
(a)by curtailing specific non-firm transactions within ATCo,
(b)curtailing all non-firm transactions within ATCo,
(c)curtailing non-firm transactions sourcing and sinking outside ATCo, but with flowgate impacts within ATCo, or
(d)other? • Are all non-firm transactions within the ATCo footprint required to be “tagged” in the E-tag system, and input into the NERC Interchange Distribution Calculator (IDC)? By what process is Midwest ISO informed that such transactions have received the proper tag? • Given that Midwest ISO has the capability of analyzing the flowgate impact of all firm and non-firm transactions within the Midwest ISO footprint, under what circumstances would transactions be approved without such analysis, and what would be the justification? • Are all non-firm transactions sourcing and sinking in ATCo assumed to have the same impact on congestion, regardless of what a flowgate analysis, if actually performed, would indicate? • How is congestion to be relieved for non-firm transactions that source and sink within ATCo, but impact flowgates outside ATCo? • How is congestion to be relieved for non-firm transactions that source and sink outside ATCo, but impact flowgates within ATCo? • What has been the recent experience of congestion within ATCo? Have there been instances when Transmission Load Relief
(TLR)has been initiated? To what extent has the congestion been relieved by curtailing transactions sourcing and sinking within ATCo? outside ATCo? • Does Midwest ISO anticipate that “Virtual ATC area” procedures will increase or decrease ATCo system congestion? [FR Doc. E4-216 Filed 2-4-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OECA-2003-0027; FRL-7618-5] Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers Production Plants, EPA ICR Number 1790.03, OMB Number 2060-0361 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on January 31, 2004. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before March 8, 2004. ADDRESSES: Submit your comments, referencing docket ID number OECA-2003-0027, to
(1)EPA online using EDOCKET (our preferred method), by email to *docket.oeca@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Enforcement and Compliance Docket and Information Center (EPA/DC), EPA West, Mail Code 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)564-4113; fax number:
(202)564-0050; e-mail address: *williams.learia@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On May 19, 2003 (68 FR 27059), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID Number OECA-2003-0027, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20460. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is
(202)566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is:
(202)566-1752. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to submit or to view public comments, to access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, *see* EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *www.epa.gov/edocket.* *Title:* NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production Plants (40 CFR part 63, subparts AA & BB). *Abstract:* Owners/operators of affected phosphoric acid manufacturing and phosphate fertilizer production must submit one-time notifications (where applicable) and annual reports on performance test results. Semiannual reports are required. In addition, a quarterly report is required when excess emissions occur. Subparts AA and BB require respondents to install monitoring devices to measure the pressure drop and liquid flow rate for wet scrubbers. These operating parameters are permitted to vary within ranges determined concurrently with performance tests. Exceedances of the operating ranges are considered violations of the site-specific operating limits. The standards require sources to determine and record the amount of phosphatic feed material processed or stored on a daily basis. Respondents also maintain records of specific information needed to determine that the standards are being achieved and maintained. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 18 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Phosphoric Acid Manufacturing and Phosphate Fertilizers Production Plants. *Estimated Number of Respondents:* 12. *Frequency of Response:* Initially, quarterly, semiannually and annually. *Estimated Total Annual Hour Burden:* 1,542 hours. *Estimated Total Annual Costs:* $109,908 which includes $0 annualized capital/startup costs, $11,000 annual O&M costs, and $98,908 in respondent labor costs. Changes in the Estimates: There is a decrease of 2,601 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. The decrease in burden from the most recently approved ICR is due in part to a decrease in the number of sources. Since there were no new sources, the burden was drastically reduced. The decrease was also due to a math error in the tables from the active ICR that increased the number of hours and the burden. Dated: January 27, 2004. Doreen Sterling, Acting Director, Collection Strategies Division. [FR Doc. 04-2419 Filed 2-4-04; 8:45 am]
Connectionstraces to 13
5 references not yet in our index
  • 16 USC 791a-825r
  • 5 CFR 1320.12
  • 5 CFR 1320.8(d)
  • 40 CFR 63
  • 40 CFR 9
Citation graph
cites case law
Notices
Notice
C.F.R.§ 157.205
C.F.R.§ 385.214
C.F.R.§ 385.2001
C.F.R.§ 157.10
U.S.C.§ 824d
C.F.R.§ 385.1907
C.F.R.§ 385.211
U.S.C.§ 791
C.F.R.§ 385.210
Cite16 USC 791a-825r
Cite5 CFR 1320.12
Cite5 CFR 1320.8(d)
Cites 18 · showing 12Cited by 0 across 0 sources
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