Notices. Notice of proposed settlement agreement; request for public comment

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BILLING CODE 3710-GM-M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-533-009] Algonquin Gas Transmission Company; Notice of Compliance Filing January 30, 2004. Take notice that on January 21, 2004, Algonquin Gas Transmission Company (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, the following tariff sheets, to become effective March 4, 2003: Second Sub Second Revised Sheet No. 632 Second Sub Fourth Revised Sheet No. 633 Third Sub First Revised Sheet No. 634 Second Sub Fourth Revised Sheet No. 800 Second Sub Fourth Revised Sheet No. 810 Second Sub Fourth Revised Sheet No. 820 Second Sub Fourth Revised Sheet No. 830 Second Sub Second Revised Sheet No. 900 Second Sub Tenth Revised Sheet No. 940 Algonquin states that the filing is being made to comply with the Commission's Order issued on December 22, 2003, in the above captioned proceeding.

Algonquin states that copies of the filing have been served upon all affected customers, interested state commissions, and all parties on the Commission's official service list in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with section 154.210 of the Commission's Regulations.

Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-202 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-144-000] ANR Pipeline Company; Notice of Tariff Filing January 30, 2004. Take notice that on January 26, 2004, ANR Pipeline Company (ANR), tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the tariff sheets referenced as Exhibit “A” to the filing, with an effective date of March 1, 2004. ANR states that it is tendering the revised tariff sheets to revise ANR's FERC Gas Tariff to include an updated Request for Service form and corresponding changes to the General Terms and Conditions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-211 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-36-006] Dauphin Island Gathering Partners; Notice of Negotiated Rates January 30, 2004. Take notice that on January 27, 2004, Dauphin Island Gathering Partners (Dauphin Island) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Sixteenth Revised Sheet No. 9 and Thirteenth Revised Sheet No. 10, to become effective January 1, 2004. Dauphin Island states that these tariff sheets reflect changes to Maximum Daily Quantities (MDQ's) and a shipper name. Dauphin Island states that copies of the filing are being served contemporaneously on all participants listed on the service list in this proceeding and on all persons who are required by the Commission's regulations to be served with the application initiating these proceedings. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the eFiling link. Magalie R. Salas, Secretary. [FR Doc. E4-207 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-361-021] Gulfstream Natural Gas System, L.L.C.; Notice of Compliance Filing January 30, 2004. Take notice that on January 20, 2004, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Sub Original Sheet No. 80, to be effective November 1, 2003. Gulfstream states that it is filing this tariff sheet to comply with the Commission's January 9, 2004, Order in the captioned docket regarding negotiated rate transactions under Rate Schedule ITS and Rate Schedule PALS. Gulfstream states that copies of its filing have been mailed to all parties on the Commission's Official Service List in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-204 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-153-006] Horizon Pipeline Company, L.L.C.; Notice of Compliance Filing January 30, 2004. Take notice that on January 26, 2004, Horizon Pipeline Company, L.L.C. (Horizon) tendered for filing to become part of its FERC Gas Tariff, Original Volume No. 1, certain tariff sheets, to be effective December 19, 2003. Horizon states that the purpose of this filing is to comply with the Commission's Order on Rehearing and Compliance Filing issued in the captioned docket on December 19, 2003 (Order). The Order addressed the one remaining issue pending in Horizon's Order No. 637 compliance plan. Horizon states that copies of the filing are being mailed to all parties set out on the Commission's official service list in Docket No. RP02-153-000. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(NBP)tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the tariff sheets listed in Appendix A to the filing. NBP requests that the Commission accept certain of the proposed tariff sheets to be effective August 12, 2002, and the remainder to be effective February 28, 2003. NBP states that the filing is being made to comply with the Commission's December 24, 2003 Order Denying Rehearing and Clarifying Prior Order and Accepting Compliance Filings Subject to Modification. NBP further states that a copy of this filing has been served on NBP's jurisdictional customers and interested state regulatory agencies. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(DIT)refund payments for the year 2003. Overthrust states that it is filing the refund report pursuant to a Commission Order issued May 21, 1991, “Order Approving Settlement with Modifications” in Docket Nos. RP85-60-000 and -002. Overthrust explains that Article V of the settlement, as modified, requires Overthrust to file an annual report 60 days after making the actual DIT refunds. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed on or before the protest date as shown below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(NGA)for permission and approval to abandon the Carter-Waters 4-inch pipeline XS-6 and appurtenant facilities and one domestic tap in Platte County, Missouri, all as more fully set forth in the application which is on file with the Commission and open to public inspection. Southern Star states the pipeline was constructed in 1950 to provide gas service to The Carter-Waters Corporation (Buildex), a quarry operation near New Market, Missouri, for use in its haydite plant. Souther Star further states that the Buildex measurement facilities were relocated in 1999 to the nearby Dearborn 6-inch pipeline XS-7 in order to locate them outside of the quarry area, and the Carter-Waters pipeline is no longer needed to provide the gas service for which it was originally constructed. Southern Star states that it proposes to abandon the pipeline in place where the land restoration to original condition will be difficult to obtain and to reclaim those sections where the land can be backfilled and seeded to restore to original condition and all aboveground auxiliary facilities such as meters, piping, regulators and fencing will be reclaimed. Southern Star states that those domestic customers who do not have a tap clause on another pipeline will be converted at Southern Star's sole expense to propane gas service. Any questions concerning this application may be directed to David N. Roberts, Manager, Regulatory Affairs, at

(270)852-4654. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary.” Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date* : February 20, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-195 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP03-330-001] Tennessee Gas Pipeline Company; Notice of Compliance Filing January 30, 2004. Take notice that on January 21, 2004, Tennessee Gas Pipeline Company (Tennessee) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 2, First Revised Sheet No. 1401 to be made effective February 1, 2004. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-212 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-116-001] Texas Eastern Transmission, LP; Notice of Compliance Filing January 30, 2004. Take notice that on January 26, 2004, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1, Sub Original Sheet No. 521A, to be effective January 18, 2004. Texas Eastern states that it is making this filing in compliance with an Order issued by the Commission in the captioned docket on January 16, 2004. The January 16 Order accepted Original Sheet No. 521A, subject to Texas Eastern's submission, within 15 days, of revised tariff language reflecting certain modifications specified in the order. Texas Eastern states that copies of its filing have been served upon all affected customers of Texas Eastern and interested State commissions, and to all parties on the official service list compiled by the Secretary of the Commission in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-208 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-143-000] TransColorado Gas Transmission Company; Notice of Tariff Filing January 30, 2004. Take notice that on January 26, 2004, TransColorado Gas Transmission Company (TransColorado) tendered for filing to become part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, to become effective March 1, 2004: Second Revised Sheet No. 200 Original Sheet No. 268 Original Sheet No. 269 Sheet Nos. 270—299 TransColorado states that it is making this filing to clarify its discounting provisions to the General Terms and Conditions of TransColorado's FERC Gas Tariff to reflect the order in which the components of the maximum rate shall be discounted, and generic types of discount agreements that TransColorado may enter into with shippers on its system without creating a material deviation from TransColorado's pro forma service agreement. TransColorado states that a copy of this filing has been served upon all of its customers and affected state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-210 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP03-13-004 and RP01-236-014] Transcontinental Gas Pipe Line Corporation; Notice of Compliance Filing January 30, 2004. Take notice that on January 23, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing to its FERC Gas Tariff, Third Revised Volume No. 1, Second Revised Sheet No. 374O.01, which tariff sheet is proposed to be effective January 23, 2004. Transco states that the purpose of this filing is to comply with the Commission's “Order on Tariff Filing and Request for Clarification” issued on December 24, 2003, in the referenced dockets, in which the Commission directed Transco to file, within 30 days, revised tariff sheets to modify its right of first refusal provisions. Transco states that copies of the filing are being mailed to parties included on the official service list in the referenced dockets, interested State Commissions, and other interested parties. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-206 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-117-001] Trunkline Gas Company, LLC; Notice of Compliance Filing January 30, 2004. Take notice that on January 26, 2004, Trunkline Gas Company, LLC (Trunkline) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Sub First Revised Sheet No. 323, to be effective January 22, 2004. Trunkline states that this filing is being made to comply with the Commission's Letter Order dated January 21, 2004, in Docket No. RP04-117-000. Trunkline states that copies of this filing are being served on all affected shippers, applicable state regulatory agencies and parties to this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(LLC)to a corporation (INC); Pure Energy, LLC has changed to Pure Energy, Inc. *Comment Date* : February 10, 2004. 3. Louis Dreyfus Energy LL [Docket No. ER04-465-000] Take notice that on December 16, 2003, Louis Dreyfus Energy LLC

(LDE)filed to make ministerial changes to it First Revised Rate Schedule FERC No. 1. *Comment Date* : February 6, 2004. 4. Powerex Corp. [Docket No. ER04-466-000] Take notice that on December 17, 2003, Powerex Corp. (Powerex) tendered revisions to its Second Revised FERC Electric Rate Schedule No. 1. *Comment Date* : February 6, 2004. 5. The Clark Fort and Blackfoot, L.L.C. [Docket No. ER04-467-000] Take notice that on December 17, 2003, The Clark Fort and Blackfoot, L.L.C.

(TCFB)tendered for filing revisions to its FERC Electric Tariff, First Revised Volume No. 1. *Comment Date* : February 6, 2004. 6. AES Eastern Energy, L.P. [Docket No. ER04-468-000] Take notice that on December 17, 2003, AES Eastern Energy, L.P., AES Creative Resources, L.P. and AEE 2, L.L.C. (collectively, the AES Parties) tendered for filing revisions to certain ministerial changes to the AES Parties' Codes of Conduct to reflect that they are no longer affiliated with Central Illinois Light Company. *Comment Date* : February 6, 2004. 7. FortisOntario, Inc. [Docket No. ER04-469-000] Take notice that on December 16, 2003, FortisOntario, Inc. tendered for filing an application for authorization to remove prohibition on inter-affiliate sales and a cancellation of code of conduct. *Comment Date* : February 6, 2004. 8. CAM Energy Products, Inc. [Docket No. ER04-481-000] Take notice that on December 17, 2003, CAM Energy Products, LP

(CAM)tendered for filing an amended Rate Schedule No. 1 to expand its authority to resell firm transmission rights, or their equivalent, beyond the PJM Interconnection, L.L.C. and New York markets. *Comment Date* : February 6, 2004. 9. Global Common Greenport, LLC [Docket No. ER04-482-000] Take notice that on December 17, 2003, Global Common Greenport, LLC

(GCG)filed revisions to its revised Rate Schedule FERC No. 1. *Comment Date* : February 6, 2004. 10. LMP Capital, LLC [Docket No. ER04-483-000] Take notice that on December 17, 2003, LMP Capital, LLC (LMP Capital) tendered for filing are amended Rate Schedule No. 1 to update LMP Capital's authorizations to include resale of auction revenue rights. *Comment Date* : February 6, 2004. 11. MS Retail Development Corp. [Docket No. ER04-488-000] Take notice that on December 17, 2003, MS Retail Development Corp., filed revisions to its market-based rate schedule to update certain rate schedule provisions. *Comment Date* : February 6, 2004. 12. PacifiCorp [Docket No. ER04-489-000] Take notice that on December 17, 2003, PacifiCorp tendered for filing proposed changes to its market based rate tariff to eliminate terms and conditions that conflict with the various standard agreements under which PacifiCorp and the industry now transact. *Comment Date* : February 6, 2004. 13. Merrill Lynch Capital Services, Inc. [Docket No. ER04-490-000] Take notice that on December 17, 2003, Merrill Lynch Capital Services, Inc., filed revisions to its market-based rate schedule to update certain rate schedule provisions. *Comment Date* : February 6, 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. E4-213 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-310-000, et al.] Morgan Stanley Capital Group, Inc., et al.; Electric Rate and Corporate Filings January 29, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Morgan Stanley Capital Group, Inc. [Docket No. ER04-310-000] Take notice that on December 17, 2003, Morgan Stanley Capital Group, Inc.,

(MSCG)tendered for filing proposed changes to its First Revised Rate Schedule FERC No. 1 to authorize sales of ancillary services, reassignments of transmission capacity and resale of firm transmission rights. *Comment Date* : February 6, 2004. 2. Nevada Power Company and Sierra Pacific Power Company [Docket No. ER04-418-000] Take notice that on January 21, 2004, Nevada Power Company and Sierra Pacific Power Company) submitted a compliance filing pursuant to the notice Clarifying Compliance Procedures issued January 8, 2004, in Docket Nos. RM02-1-000 and 001. *Comment Date* : February 11, 2004. 3. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-429-000] Take notice that on January 21, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO), pursuant to section 205 of the Federal Power Act and section 35.12 of the Commission's regulations, 18 CFR 35.12 (2002), submitted for filing an Interconnection and Operating Agreement among Manitowoc Public Utilities, a municipal electric utility operated under Chap. 66, Wisconsin Statutes and political subdivision of the State of Wisconsin, the Midwest ISO and American Transmission Company LLC. Midwest ISO states that a copy of this filing was served on the applicable parties. *Comment Date* : February 11, 2004. 4. Ameren Services Company [Docket No. ER04-430-000] Take notice that on January 21, 2004, Ameren Services Company

(ASC)tendered for filing an executed Network Integration Transmission Service and Network Operating Agreement between ASC and the City of Linneus, Missouri. ASC states that the purpose of the Agreements is to permit ASC to provide transmission service to the City of Linneus, Missouri, pursuant to Ameren's Open Access Transmission Tariff. *Comment Date* : February 11, 2004. 5. Southwest Power Pool, Inc. [Docket No.ER04-434-000] Take notice that on January 20, 2004, the Southwest Power Pool, Inc.

(SPP)submitted to the Federal Energy Regulatory Commission a compliance filing providing for changes to its currently effective Open Access Transmission Tariff (OATT). Specifically, SPP states that it filed proposed revisions in its standard Large Generator Interconnection Agreement

(LGIA)and Large Generator Interconnection Procedures (LGIP), in accordance with Order No. 2003. SPP states that it has served a copy of its transmittal letter on each of its Members and Customers, as well as on all generators in existing generation queue. SPP states that a complete copy of this filing will be posted on the SPP Web site *http://www.spp.org* , and is also being served on all affected State commissions. *Comment Date* : February 11, 2004. 6. Southern California Edison Company [Docket No. ER04-435-000] Take notice that on January 20, 2004, Southern California Edison Company

(SCE)tendered for filing revisions to its Transmission Owner Tariff in compliance with Commission Order No. 2003, Standardization of Generator Interconnection Agreements and Procedures. *Comment Date* : February 10, 2004. 7. Tampa Electric Company [Docket No. ER04-436-000] Take notice that on January 20, 2004, Tampa Electric Company (Tampa Electric) tendered for filing open access transmission tariff sheets containing the Large Generator Interconnection Procedures and the Large Generator Interconnection Agreement that the Commission adopted in Order No. 2003, Standardization of Generator Interconnection Agreements and Procedures ¶ 31,146 (2003). Tampa Electric is requesting an effective date of January 20, 2004. Tampa Electric states that the filing has been served on the customers under Tampa Electric's open access transmission tariff and the Florida Public Service Commission. *Comment Date* : February 10, 2004. 8. Idaho Power Company [Docket No. ER04-437-000] Take notice that on January 20, 2004, Idaho Power Company in compliance with Order No. 2003, Standardization of Generator Interconnection Agreements and Procedures, FERC Stats. & Regs. Preambles ¶ 31,146 (2003), tendered for filing Attachment J to its revised Open Access Transmission Tariff, FERC Electric Tariff First Revised Volume No. 1. *Comment Date* : February 10, 2004. 9. Novarco Ltd. [Docket No. ER04-438-000] Take notice that on January 20, 2004, Navarco Ltd. tendered for filing a Notice of Cancellation of its Rate Schedule FERC No. 1. *Comment Date* : February 10, 2004. 10. PacifiCorp [Docket No. ER04-439-000] Take notice that PacifiCorp on January 20, 2004, tendered for filing in accordance with 18 CFR 35 of the Commission's Rules and Regulations, revisions to Schedules 4, 7, and 8 and Attachments M and S to PacifiCorp's Open Access Transmission Tariff. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, and PacifiCorp's Network Customers. *Comment Date:* February 10, 2004. 11. PSI Energy, Inc. [Docket No. ER04-440-000] Take notice that on January 20, 2004, PSI Energy, Inc.,

(PSI)tendered for filing the Transmission and Local Facilities Agreement for Calendar Year 2002 Reconciliation between PSI and Wabash Valley Power Association, Inc., and between PSI and Indiana Municipal Power Agency. PSI Energy, Inc., states that the Transmission and Local Facilities Agreement has been designated as PSI's Rate Schedule FERC No. 253. *Comment Date:* February 10, 2004. 12. San Diego Gas & Electric Company [Docket No. ER04-441-000] Take notice that on January 20, 2004, San Diego Gas & Electric Company (SDG&E) tendered for filing its Transmission Owner Tariff (TO Tariff), FERC Electric Tariff, Original Volume No. 11 and the first revised rate sheets for its TO Tariff to comply with the Federal Energy Regulatory Commission's Order No. 2003. SDG&E states that copies of this filing were served upon the California Public Utilities Commission. *Comment Date:* February 10, 2004. 13. Arizona Public Service Company [Docket No. ER04-442-000] Take notice that on January 20, 2004, Arizona Public Service Company

(APS)tendered for filing revisions to its Open Access Transmission Tariff

(OATT)in order to comply with Order 2003 in FERC Docket Nos. RM02-1-000 and 001. APS requests an effective date of January 20, 2004. APS states that a copy of the transmittal letter has been served on the Arizona Corporation Commission and all customers taking service under APS' OATT. APS further states that copies of the complete filing can be found at *http://www.azpsoasis.com* . *Comment Date:* February 10, 2004. 14. Pacific Gas and Electric Company [Docket No. ER04-443-000] Take notice that on January 20, 2004, Pacific Gas and Electric Company (PG&E) tendered for revisions to its Transmission Owner

(TO)Tariff, FERC Electric Tariff, Sixth Revised Volume No. 5 to comply with Commission Order No. 2003. PG&E requests that the subject revisions to its TO Tariff become effective on the same date as a companion tariff filing being made by the California Independent System Operator Corporation in compliance with Order No. 2003. *Comment Date:* February 10, 2004. 15. Diverse Power Incorporated (formerly Troup Electric Membership Corp.) [Docket No. ER04-444-000] Take a notice that on January 20, 2004, Diverse Power Incorporated, an Electric Membership Corporation, tendered for filing with the Federal Energy Regulatory Commission a compliance filing in response to the Commission's November 17, 2003, Order Amending Market-based Rate Tariffs and Authorizations, in Docket No. EL01-118-000 and 001. *Comment Date:* February 10, 2004. 16. California Independent System Operator System [Docket No. ER04-445-000] Take notice that on January 20, 2004, California Independent System Operator Corporation

(ISO)pursuant to section 205 of the Federal Power Act and section 35.13 of the Commission Regulations, submitted for filing its Standard Large Generator Interconnection Procedures compliance with Order No. 2003. The ISO states that it included the related pro forma interconnection study agreements, which will not be part of the ISO Tariff, and related ISO Tariff amendments for Commission approval. *Comment Date:* February 10, 2004. 17. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-446-000] Take notice that on January 20, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing a proposed Schedule 10-FERC-METC of its Open Access Transmission Tariff, FERC Electric Tariff, Second Revised Volume No. 1. Midwest ISO is requested an effective date of January 21, 2004. The Midwest ISO requested waiver of the service requirements set forth in 18 CFR 385.2010. The Midwest ISO states that it has electronically served a copy of this filing, with attachments, upon all Midwest ISO Members, Member representatives of Transmission Owners and Non-Transmission Owners, the Midwest ISO Advisory Committee participants, as well as all state commissions within the region and in addition, the filing has been electronically posted on the Midwest ISO's Web site at *www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO will provide hard copies to any interested parties upon request. *Comment Date:* February 10, 2004. 18. PacifiCorp [Docket No. ER04-447-000] 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 the filing was served upon all appropriate parties. *Comment Date:* February 10, 2004. 19. El Paso Electric Company [Docket No. ER04-448-000] Take notice that on January 20, 2004, El Paso Electric Company in compliance with Order No. 2003, Standardization of Generator Interconnection Agreements and Procedures, FERC Stats. & Regs. Preambles ¶ 31,146 (2003), tendered for filing Attachment J to its revised Open Access Transmission Tariff, FERC Electric Tariff Third Revised Volume No. 1. *Comment Date:* February 10, 2004. 20. New York Independent System Operator Inc. [Docket No. ER04-449-000] Take notice that on January 20, 2004, the New York Independent System Operator, Inc. (NYISO) and the New York Transmission Owners filed a joint Compliance Filing pursuant to Order No. 2003. NYISO states that it has served a copy of this filing upon all parties that have executed Service Agreements under the NYISO's Open-Access Transmission Tariff or Services Tariff, the New York State Public Service Commission and to the electric utility regulatory agencies in New Jersey and Pennsylvania. *Comment Date* : February 10, 2004. 21. Citizens Communications Company [Docket No. ER04-450-000] Take notice that on January 20, 2004, Citizens Communications Company (Citizens) filed with the Federal Energy Regulatory Commission a Notice of Cancellation of its FERC Electric Tariff Original Volume No. 2 and all Service Agreements thereunder. Citizens states that it filed the Notice of Cancellation in connection with the sale of its remaining jurisdictional assets in Vermont to Vermont Electric Cooperative, Inc. (VEC). *Comment Date* : February 10, 2004. 22. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-453-000] Take notice that on January 21, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) pursuant to section 205 of the Federal Power Act and section 35.12 of the Commission's regulations, 18 CFR 35.12 (2002), the submitted for filing an Interconnection and Operating Agreement among Borderline Wind, LLC, the Midwest ISO and Otter Tail Power Company, a division of Otter Tail Corporation. Midwest ISO states that a copy of this filing was served on the applicable parties. *Comment Date* : February 11, 2004. 23. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-454-000] Take notice that on January 21, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) pursuant to section 205 of the Federal Power Act and section 35.12 of the Commission's regulations, 18 CFR 35.12 (2002), submitted for filing an Interconnection and Operating Agreement among GM Transmission, LLC, the Midwest ISO and Interstate Power and Light Company, a wholly owned subsidiary of Alliant Energy Corporation. Midwest ISO states that a copy of this filing was served on the applicable parties. *Comment Date* : February 11, 2004. 24. Duke Energy Corporation [Docket No. ER04-455-000] Take notice that on January 21, 2004, Duke Energy Corporation, on behalf of Duke Electric Transmission, (collectively, Duke) tendered for filing a new Service Agreement for Network Integration Transmission Service between Duke and each of Energy United Electric Membership Corporation, Piedmont Electric Membership Corporation, Blue Ridge Electric Membership Corporation, Rutherford Electric Membership Corporation, and Western Carolina Energy, LLC. Duke seeks an effective date of January 1, 2004. *Comment Date* : February 11, 2004. 25. Ameren Services Company [Docket No. ER04-456-000] Take notice that on January 20, 2004, Ameren Services Company (Ameren) filed revisions to its open access transmission tariff

(OATT)to comply with the Commission's order, issued July 23, 2003, in Docket No. RM02-1-000, by amending Attachment J and setting out in Attachment K the procedures for large generator interconnection, applicable to Generating Facilities that exceed 20 MWs. Ameren states that it has served copies of this filing on its transmission customers and on the Missouri Public Service Commission and the Illinois Commerce Commission. *Comment Date* : February 10, 2004. 26. PJM Interconnection, L.L.C. [Docket No. ER04-457-000] Take notice that on January 20, 2004, PJM Interconnection, L.L.C.

(PJM)tendered for filing proposed changes to the PJM Open Access Transmission Tariff to comply with the Commission's Order No. 2003, issued July 24, 2003, in Docket No. RM02-1-000. PJM states that copies of this filing have been served on all PJM Members and the State electric regulatory commissions in the PJM region. *Comment Date* : February 10, 2004. 27. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-458-000] Take notice that on January 20, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO), filed proposed revised and original tariff sheets to its Open Access Transmission Tariff to comply with the Federal Energy Regulatory Commission's Standardization of Generator Interconnection Agreements and Procedures, 68 FR 49845 (Aug. 19, 2003), FERC Stats. & Regs. ¶ 31,146

(2003)(Order No. 2003). *Comment Date* : February 10, 2004. 28. Southern Company Services, Inc. [Docket No. ER04-459-000] Take notice that on January 20, 2004, Southern Company Services, Inc., on behalf of Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Savannah Electric and Power Company, submitted a filing pursuant to the Notice Clarifying Compliance Procedures issued in Docket No. RM02-1-000 on January 8, 2004. *Comment Date* : February 10, 2004. 29. Tucson Electric Power Company UNS Electric, Inc. [Docket No. ER04-460-000] Take notice that on January 20, 2004, Tucson Electric Power Company (Tucson Electric) and UNS Electric, Inc. (UNS Electric) submitted a joint compliance filing pursuant to Order No. 2003, Standardization of Generator Interconnection Agreements and Procedures ¶ 31,146 (2003). *Comment Date* : February 10, 2004. 30. Eagle Energy Partners I, L.P. [Docket No. ER04-463-000] On December 17, 2003, Eagle Energy Partners I, L.P. tendered for filing a name change from Eagle Energy Partners, Inc. This filing is in compliance with Order No. 614. *Comment Date* : February 6, 2004. 31. Devon Power LLC, Middletown Power LLC, Montville Power LLC, and NRG Power Marketing Inc. [Docket Nos. ER04-464-000 and 001, and ER04-23-002 and 003 (not consolidated)] Take notice that on January 16, 2004, as amended on January 22, 2004, Devon Power LLC, Middletown Power LLC, and Montville Power LLC (Applicants), and NRG Power Marketing Inc. (PMI), acting as agent for Applicants, tendered for filing, pursuant to section 205 of the Federal Power Act and part 35 of the Federal Energy Regulatory Commission's regulations, Reliability Must Run Agreements among each of the Applicants, PMI and ISO New England Inc. Applicants state that they have provided copies of the filings to ISO-NE and served each person designated on the official service list in Docket Nos. ER04-23-000. *Comment Date* : February 12, 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. E4-214 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2100-119] California Department of Water Resources; Notice of Availability of Draft Environmental Assessment January 30, 2004. In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Energy Regulatory Commission's (Commission or FERC) regulations (18 CFR part 380), the Commission staff reviewed an application for amendment to the approved recreation plan for the Feather River Project (FERC No. 2100) and prepared a draft environmental assessment

(EA)on the application. The project is located on the Feather River in Butte County, California, near the city of Oroville. Specifically, the project licensee, the California Department of Water Resources, has requested that the Commission amend the approved recreation plan for the project to allow shared use of certain recreation trails within the project boundaries. In the EA, the Commission staff analyzes the probable environmental effects of the proposed amendment and concludes that the proposal should not be approved. Copies of the DEA are available for review in Public Reference Room 2-A of the Commission's offices at 888 First Street, NE., Washington, DC. The DEA also may be viewed on the Commission's Web site ( *http://www.ferc.gov* ) using the eLibrary (formerly FERRIS) link. Additional information about the project is available from the Commission's Office of External Affairs, at

(202)502-8004, or on the Commission's Web site using the eLibrary link. You may 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 *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or for TTY,

(202)502-8659. Any comments on the DEA should be filed within 30 days of the date of this notice and should be addressed to Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please reference “Feather River Project, FERC Project No. 2100-119” on all comments. Comments may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the eFiling link. Magalie R. Salas, Secretary. [FR Doc. E4-198 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests January 30, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of license. b. *Project No.:* 2514-086. c. *Date Filed:* January 8, 2004. d. *Applicant:* Appalachian Power Company, Virginia. e. *Name of Project:* Byllesby/Buck Project. f. *Location:* The project is located on the New River in Carroll County, Virginia. g. *Filed Pursuant to:* Federal Power Act, 18 CFR 4.38(a)(4)(v). h. *Applicant Contact:* Frank M. Simms, American Electric Power, P.O. Box 2021, Roanoke, VA 24022-2121. i. *FERC Contact:* Any questions on this notice should be addressed to Mr. Eric Gross at

(202)502-6213, or e-mail address: *eric.gross@ferc.gov* . j. *Deadline for filing comments and or motions:* March 1, 2004. k. *Description of Request:* The Appalachian Power Company is requesting a temporary variance to their license to allow them to lower the reservoir at the Byllesby Development by up to 11 feet below the licensed minimum elevation. The variance is needed to perform routine maintenance on the spillway and tainter gates. The drawdown would occur from May 1 through October 15 in 2004 and 2005. 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. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

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

(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* — Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, N.., 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. p. *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. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E4-199 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests January 30, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type* : Non-Project Use of Project Lands and Waters. b. *Project No* : 349-091. c. *Date Filed* : January 16, 2004. d. *Applicant* : Alabama Power Company. e. *Name of Project* : Martin Dam Hydroelectric Project. f. *Location* : Lake Martin in Tallapoosa County, Alabama. g. *Filed Pursuant to* : Federal Power Act, 16 U.S.C. 791(a), 825(r) and §§ 799 and 801. h. *Applicant Contact:* Mr. Keith E. Bryant, Sr. Engineer, Hydro Services, Alabama Power, 600 North 18th Street, Post Office Box 2641, Birmingham, Alabama 35291,

(205)257-1403. i. *FERC Contacts* : Any questions on this notice should be addressed to Ms. Jean Potvin at

(202)502-8928, or e-mail address: *jean.potvin@ferc.gov* . j. *Deadline for filing comments and or motions* : March 1, 2004. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-349-091) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Proposal:* Alabama Power Company is requesting Commission approval to permit Harbor Pointe Development to use project lands below the 490-foot contour to accommodate the following:

(1)Installation of a total of 64 new boat slips;

(2)relocation and upgrade of a walkway and fuel dock;

(3)relocation and upgrade of the sewage pump out station;

(4)construction of a seawall approximately 2,812 feet long (of which 400 feet are presently under construction pursuant to the Commission's Order Approving Non-Project Use of Project Lands issued December 23, 2003); and

(5)the construction of a new boat ramp. The marina presently consists of 153 floating boat slips, a fuel dock and sewage pump out station. The marina is located on the Blue Creek portion of Lake Martin within the StillWaters Resort near Dadeville, Tallapoosa County, Alabama. l. *Location of the Applications* : The filings are available for review at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, D.C. 20426, or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please call the Helpline at

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

(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E4-200 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Transfer of License and Soliciting Comments, Motions To Intervene, and Protests January 30, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Transfer of License. b. *Project No.:* 8866-006. c. *Date Filed:* November 12, 2003, supplemented on January 23, 2004. d. *Applicants:* Jerry Lou Jaramillo, William J. Stevenson, and Linda S. Akers, co-personal representatives of the Estate of Lynn E. Stevenson (Transferor) and N. Stanley Standal, Jr. and Loretta M. Standal (Transferees). e. *Name of Project:* Project No. 2. f. *Location:* On an unnamed tributary of the Snake River in Gooding County, Idaho near the town of Bliss. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicants Contact:* N. Stanley Standal, Jr., 609 River Road, Bliss, Idaho 83314. i. *FERC Contact:* Regina Saizan,

(202)502-8765. j. *Deadline for filing comments and or motions:* March 1, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-8866-006) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all interveners filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Transfer:* Jerry Lou Jaramillo, William J. Stevenson, and Linda S. Akers, as co-personal representatives of the Estate of Lynn E. Stevenson, and N. Stanley Standal, Jr. and Loretta M. Standal jointly seek Commission approval to transfer the license for Project No. 2 from Lynn E. Stevenson to N. Stanley Standal, Jr. and Loretta M. Standal. l. *Locations of Application:* 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 addresses in item h. above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described 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. E4-201 Filed 2-5-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7619-2] Proposed Settlement Agreement, Clean Air Act Petitions For Review AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (“Act”), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address one of four issues briefed in lawsuits filed by Sierra Club and Georgia ForestWatch (collectively, “Petitioners”): *Sierra Club* v. *Leavitt,* Nos. 03-10262-F & 03-10263-F, and *Georgia ForestWatch* v. *Leavitt,* Nos. 03-10264-F and 03-10265-F (11th Cir.) (consolidated). On or about January 16, 2003, Petitioners filed petitions for review of four orders in which the Administrator denied Petitioners' administrative petitions requesting that EPA object to operating permits issued by the Georgia Department of Natural Resources, Environmental Protection Division (“Georgia EPD”), under title V of the Act for four facilities in Georgia. The petitions for review, which have been consolidated, seek a court order requiring EPA to object to the permits based on Petitioners' allegations that the permits fail to comply with aspects of Georgia's title V program, the Act and EPA's title V implementing regulations. One of Petitioners' allegations is that EPA was required to object to the title V operating permit issued by Georgia EPD for the Monroe Power facility in Monroe (Walton County), Georgia, because the permit contains inadequate monitoring for carbon monoxide. Under the terms of the proposed settlement agreement, EPA and Petitioners (collectively, the “Parties”) jointly would request that the court stay the oral argument (scheduled for January 29, 2004) and hold the consolidated cases in abeyance while Georgia EPD proposes to reopen and revise the Monroe Power title V permit to require continuous monitoring of carbon monoxide emissions from two combustion turbines and to include certain related requirements. If the permit were revised consistent with the draft permit revisions attached to the proposed settlement agreement, the Parties jointly would notify the court that their dispute concerning the Monroe Power carbon monoxide monitoring issue had been resolved and would ask that the court set a date for oral argument on the remaining issues in the consolidated cases. DATES: Written comments on the proposed settlement agreement must be received by March 8, 2004. ADDRESSES: Submit your comments, identified by docket ID number OGC-2004-0002, online at *http://www.epa.gov/edocket* (EPA's preferred method); by e-mail to *oei.docket@epa.gov;* mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Wordperfect or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Kerry E. Rodgers, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone

(202)564-5671. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement On or about January 16, 2003, Petitioners filed four petitions for review with the U.S. Court of Appeals for the Eleventh Circuit challenging four orders in which the Administrator of the EPA denied administrative petitions filed by Sierra Club and Georgia ForestWatch. The administrative petitions asked the Administrator to object to operating permits issued by the Georgia Department of Natural Resources, Environmental Protection Division (“Georgia EPD”), pursuant to title V of the Clean Air Act (“Act”), 42 U.S.C. 7661-7661f, for four facilities in Georgia:

(1)King America Finishing, Inc.;

(2)Monroe Power Company;

(3)Shaw Industries, Inc., Plant No. 2; and

(4)Shaw Industries, Inc., Plant No. 80 (collectively, “Shaw”). 1 The petitions for review asked the court to order EPA to object to the permits based on Petitioners' allegations that the permits violate aspects of Georgia's title V operating permits program and fail to meet certain requirements of the Act and EPA's title V implementing regulations at 40 CFR part 70. Specifically, Petitioners sought to require EPA to object to the permits issued to King Finishing, Monroe Power and Shaw based on the State's requirements for reporting monitoring results and the content of the State's public notices of draft permits. Sierra Club also sought to require EPA to object to the King Finishing permit because Georgia EPD did not use a mailing list as one of several means of providing public notice of the draft permit. Finally, Sierra Club sought to require EPA to object to the Monroe Power permit based on allegations that the permit contains inadequate monitoring requirements for carbon monoxide (“CO”) emissions from two combustion turbines. The permit relies on continuous monitoring of nitrogen oxides (“NO <sup>X</sup> ”) as a surrogate for CO, rather than direct monitoring of CO. In an order signed on October 9, 2002, the Administrator found that this approach complies with the Act and therefore denied Sierra Club's administrative petition for an objection to the Monroe Power permit based on the adequacy of the CO monitoring requirements. 1 EPA published notice of the orders at 67 FR 69739, 69740 (November 19, 2002), and at 67 FR 79610, 79611 (December 30, 2002). The orders are available at: *http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2001.htm.* The proposed settlement agreement only concerns the Parties' dispute over the adequacy of the CO monitoring requirements in the Monroe Power permit. It does not address the other issues in the consolidated cases. Under the proposed settlement agreement, the Parties jointly would request that the court stay the oral argument (scheduled for January 29, 2004) and hold the consolidated cases in abeyance while Georgia EPD proposes to reopen and revise the title V operating permit issued for the Monroe Power facility in Monroe (Walton County), Georgia, to require continuous monitoring of CO emissions and to include certain related requirements as set forth in the draft permit revisions attached to the proposed settlement agreement. 2 Petitioners could ask the court to lift the stay if certain events specified in the proposed settlement agreement occur ( *e.g.* , if Georgia EPD did not propose the draft permit revisions within a certain time) and the Parties could not resolve their dispute through mediation. If the permit were revised consistent with the draft permit revisions attached to the proposed settlement agreement, the Parties jointly would notify the court that their dispute concerning the Monroe Power CO monitoring issue had been resolved and would ask that the court set a new date for oral argument on the remaining issues in the consolidated cases. The proposed settlement agreement would reserve Petitioners' right to seek attorneys' fees from the court. 2 The Parties filed a “Joint Motion To Stay Proceedings Pending Settlement Discussions” on January 13, 2004. In an order dated January 14, 2004, U.S. Circuit Judge R. Lanier Anderson granted the joint motion and directed EPA to file monthly status reports every thirty

(30)days beginning February 17, 2004. For a period of thirty

(30)days following the date of publication of this notice, the Agency will receive written comments relating to the proposed settlement agreement from persons who were not named as parties or interveners to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determine, based on any comment which may be submitted, that consent to the settlement agreement should be withdrawn, the terms of the agreement will be affirmed. II. Additional Information About Commenting on the Proposed Settlement A. How Can I Get a Copy of the Settlement? EPA has established an official public docket for this action under Docket ID No. OGC-2004-0002 which contains a copy of the settlement agreement. The official public docket is available for public viewing at the Office of Environmental Information

(OEI)Docket in the EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 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 Public Reading Room is

(202)566-1744, and the telephone number for the OEI Docket is

(202)566-1752. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket identification number. It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in EPA's electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center. B. How and To Whom Do I Submit Comments? You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment and with any disk or CD ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (e-mail) system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, your e-mail address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. Dated: January 28, 2004. Lisa K. Friedman, Associate General Counsel, Air and Radiation Law Office, Office of General Counsel. [FR Doc. 04-2623 Filed 2-5-04; 8:45 am]

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