Notices. Notice

5,335 words·~24 min read·/register/2004/02/18/04-3432·

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BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC03-577-001, FERC-577] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review February 11, 2004. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget

(202)395-7856. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-30, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC03-577-001. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's E-mail address upon receipt of comments. User assistance for electronic filings is available at

(866)208-3676, or for TTY, contact

(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at

(202)502-8415, by fax at

(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: *1. Collection of Information:* FERC-577 “Gas Pipeline Certificates: Environmental Impact Statement”. *2. Sponsor:* Federal Energy Regulatory Commission. *3. Control No.:* 1902-0128. The Commission is now requesting that OMB approve and reinstate a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. *4. Necessity of the Collection of Information:* Submission of the information is necessary to enable the Commission to carry out its responsibilities in implementing the statutory provisions of the National Environmental Policy Act of 1969

(NEPA)(Pub. L. 91-190). NEPA requires that all Federal agencies must include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of human environment, a detailed statement on: The environmental impact on the proposed actions; any adverse environmental effects which cannot be avoided should the proposal be implemented; alternatives to the proposed action; the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. The Commission uses the pipeline's data to evaluate the environmental aspects of construction proposals and may be used in the Commission staff's independent preparation of Environmental Assessments or Environmental Impact Statements. The Commission implements these filing requirements in the Code of Federal Regulations

(CFR)under 18 CFR parts 2; 157; 284; 375; and 380. *5. Respondent Description:* The respondent universe currently comprises 76 companies (on average per year) subject to the Commission's jurisdiction. *6. Estimated Burden:* 233,226 total hours, 76 respondents (average per year), 16.57 responses per respondent, and 185.2 hours per response (average). *7. Estimated Cost Burden to Respondents:* 233, 226 hours/2080 hours per year × $107,185 per year = $13,123,560. The cost per respondent is equal to $172,678. **Statutory Authority:** Section 102

(C)of the National Environmental Policy Act of 1969, 42 U.S.C. 4332. Linda Mitry, Acting Secretary. [FR Doc. E4-306 Filed 2-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Committee [Docket No.IC04-547-000 FERC-547] Commission Collection Activities, Proposed Collection; Comment Request; Extension & Reinstatement February 11, 2004. AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3506(c)

(a)of the Paperwork Reduction Act of 1995 (Pub. L. No.104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments on the collection of information are due by April 16, 2004. ADDRESSES: Copies of the proposed collection of information can be obtained from Michael Miller, Office of the Executive Director, ED-30, 888 First Street NE., Washington, DC 20426. Comments on the proposed collection of information may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filings, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426 and should refer to Docket No. IC 04-547-000. Documents filed electronically via the Internet can be prepared in a variety of formats, including WordPerfect, MS Word, Portable Document Format, Rich Text Format or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's E-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by E-mail to *efiling@ferc.gov* . Comments should not be submitted to this E-mail address. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the eLibrary link. For user assistance, contact *FERCOnlineSupport@ferc.gov* or toll free at

(866)208-3676 or for TTY, contact

(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at

(202)502-8415, by fax at (202)273-0873 and by E-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC-547, “Gas Pipeline Rates: Refund Report Requirements” (OMB No. 1902-0084) is used by the Commission to implement the statutory refund provisions governed by sections 4, 5, and 16 of the Natural Gas Act

(NGA)(15 U.S.C. 717-717w). Sections 4 and 5 authorize the Commission to order a refund, with interest, on any portion of a natural gas company's increased rate or charge found to be not just or reasonable. Refunds may also be instituted by a natural gas company as stipulation to a Commission-approved settlement agreement or provision under the company's tariff. Section 16 authorizes the Commission to prescribe the rules and regulations necessary to administer its refund mandates. The Commission's refund and reporting requirements are set forth at Sections 154.501 and 154.502 of the Commission's regulations (18 CFR 154.501 and 154.502). The data collected thereunder allows the Commission to monitor the refunds owed by the Natural gas companies and to ensure the flow through of the refunds, with applicable interest, to the appropriate customers and ultimately to the residential customers and end users. *Action:* The Commission is requesting a three-year extension of the current expiration date, with no changes to the existing collection of data. *Burden Statement:* Public reporting burden for this information collection is estimated as: Number of respondents annually Number of responses per respondent Average burden (number of hours per response) Total annual burden (total number of hours)

(3)(1)x(2)x(3) 75 1 75 5,625 *Estimated cost to respondents:* 5,625 hours ( 2,080 per year × $107,185 = $289,863. The cost per respondent = $3,865 (rounded off). The reporting burden includes the total time, effort, or financial resources to generate, maintain, retain, disclose, or provide the information including:

(1)Reviewing instructions;

(2)developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, verifying, processing, maintaining, disclosing and providing information;

(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;

(4)training personnel to respond to a collection of information;

(5)searching data sources;

(6)completing and reviewing the collection of information; and

(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than anyone particular function or activity. Comments are invited on:

(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;

(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Linda Mitry, Acting Secretary. [FR Doc. E4-307 Filed 2-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC03-537-001, FERC-537] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted For OMB Review February 11, 2004. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget

(OMB)for review and extension of the current expiration date. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of October 6, 2003 (68 FR 57679-80), and has made this notation in its submission to OMB. DATES: Comments on the collection of information are due by March 17, 2004. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *Pamela_L._Beverly@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-7856. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-30, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC03-537-001. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's e-mail address upon receipt of comments. User assistance for electronic filings is available at

(202)502-8258 or by e-mail to *efiling@ferc.gov* . Comments should not be submitted to the e-mail address. All comments are available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at (866)208-3676, or for TTY, contact (202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at (202)502-8415, by fax at (202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: *1. Collection of Information:* FERC-537 “Gas Pipeline Certificates: Construction, Acquisition and Abandonment.” *2. Sponsor:* Federal Energy Regulatory Commission. *3. Control No.:* 1902-0060. The Commission is now requesting that OMB approve and reinstate with a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. *4. Necessity of the Collection of Information:* Submission of the information is necessary to enable the Commission to carry out its responsibilities in implementing the statutory provisions of the Natural Gas Policy Act of 1978 (NGPA), and the Natural Gas Act (NGA). Under the NGA, natural gas pipeline companies must obtain Commission authorization to undertake the construction or extension of any facilities, or to acquire or operate any such facilities, or to acquire or operate any such facilities or extensions in accordance with section 7(c) of the NGA. A natural gas company must also obtain Commission approval under section 7(b) of the NGA prior to abandoning any jurisdictional facility or service. Under the NGPA interstate and intrastate pipelines must obtain authorization for certain transportation arrangements. The information collected is necessary to certificate interstate pipelines engage the transportation and sale of natural gas, and the construction, acquisition, and operation of facilities to be used in those activities, to authorize the abandonment of facilities and services and to authorize certain NGPA transactions. If a certificate is granted, the natural gas company can construct, acquire, or operate facilities plus engage in transportation or sale of natural gas. Conversely, approval of an abandonment application permits the pipeline to cease service and/or discontinue the operation of such facilities. Authorization under NGPA section 311(a) allows the interstate or intrastate pipeline applicants to render certain transportation services. The Commission implements the filing requirements in the Code of Regulations

(CFR)under 18 CFR parts 157.5-.11; 157.13-.20; 157.22; 157.53; 157.201-.209; 157.211; 157.214-.218; 284.8; 284.11; 284.126; 284.221; 284.223-.224; 284.227. *5. Respondent Description:* The respondent universe currently comprises 76 companies (on average per year) subject to the Commission's jurisdiction. *6. Estimated Burden:* 210,234 total hours, 76 respondents (average per year), 10.2 responses per respondent, and 271.2 hours per response (average). *7. Estimated Cost Burden to respondents:* 210,234 hours / 2080 hours per years × $107,185 per year = $11,829,807. The cost per respondent is equal to $155.655. **Statutory Authority:** Section 311 Natural Gas Policy Act of 1978 (NGPA), 15 U.S.C. 33301-3432, and the Natural Gas Act

(NGA)15 U.S.C. 717-717w. Linda Mitry, Acting Secretary. [FR Doc. E4-309 Filed 2-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application to Reclassify Project Shoreline and for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions to Intervene, and Protests February 11, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Reclassification of project shoreline and non-project use of project lands and waters. b. *Project No.:* 2232-459. c. *Date Filed:* January 13, 2004. d. *Applicant:* Duke Power, a Division of Duke Energy Corporation. e. *Name of Project:* Catawba-Wateree Hydroelectric Project. f. *Location:* The project is located in Alexander, Burke, Caldwell, Catawba, Gaston, Iredell, Lincoln, McDowell and Mecklenburg Counties, North Carolina and Chester, Fairfield, Kershaw, Lancaster, and York Counties, South Carolina. This project does not occupy any Federal or tribal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791

(a)825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative, Duke Energy Corporation, PO Box 1006, Charlotte, North Carolina, 28201-1006,

(704)382-8576. i. *FERC Contact:* Any questions on this notice should be addressed to Brittany Schoenen at

(202)502-6097, or e-mail address: *bschoenen@ferc.gov* . j. *Deadline for filing comments and or motions:* March 12, 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-2197-068) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power

(Duke)is seeking Commission approval to reclassify 560' of project shoreline from “Public Infrastructure” to “Business Industrial”. Upon approval Duke seeks to issue a permit to Lake Norman Dredging & Marina Construction for the construction and operation of a commercial pier with one boat ramp and two boat slips. l. *Location of the Application:* This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or 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. Linda Mitry, Acting Secretary. [FR Doc. E4-305 Filed 2-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Tendered for Filing With the Commission and Soliciting Additional Study Requests February 11, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Major unconstructed project. b. *Project No.:* 11858-02. c. *Date Filed:* February 2, 2004. d. *Applicant:* Elsinore Municipal Water District and the Nevada Hydro Company, Inc. e. *Name of Project:* Lake Elsinore Advanced Pumped Storage Project. f. *Location:* On Lake Elsinore and San Juan Creek, in the Town of Lake Elsinore, Riverside County, California. The project would occupy federal lands, including lands managed by the Forest Service (Cleveland National Forest), Bureau of Land Management, and the Department of Defense (Camp Pendleton). g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Rexford Wait, The Nevada Hydro Company, 2416 Cades Way, Vista, California 92083,

(760)599-0086. i. *FERC Contact:* Jim Fargo, 202-502-6095, *james.fargo@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 18 CFR 4.32(b)(7) 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:* April 2, 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 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. Additional study requests and requests for cooperating agency status 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. m. The application is not ready for environmental analysis at this time. n. The proposed project would consist of:

(1)A new upper reservoir (Morrell Canyon) having a 180-foot-high main dam and a gross storage volume of 5,760 feet, at a normal reservoir surface elevation of 2,760 feet above mean sea level (msl);

(2)a powerhouse with two reversible pump-turbine units with a total installed capacity of 500 megawatts;

(3)the existing Lake Elsinore to be used as a lower reservoir;

(4)about 30 miles of 500 kV transmission line connecting the project to an existing transmission line owned by Southern California Edison located north of the proposed project and to an existing San Diego Gas & Electric Company transmission line located to the south. 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 to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(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 email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the California 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. q. *Procedural Schedule and Final Amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. Issue Acceptance or Deficiency Letter—May 2004 Request Additional Information—May 2004 Issue Acceptance letter—September 2004 Issue Scoping Document 1 for comments—October 2004 Hold Scoping Meeting—November 2004 Request Additional Information (if needed)—January 2005 Issue Scoping Document 2—January 2005 Notice of application is ready for environmental analysis—January 2005 Notice of the availability of the draft NEPA document—July 2005 Start 10(j) process—September 2005 Notice of the availability of the final NEPA document—January 2006 Ready for Commission's decision on the application—April 2006 Final amendments to the application must be filed with the commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Linda Mitry, Acting Secretary. [FR Doc. E4-308 Filed 2-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Boulder Canyon Project AGENCY: Western Area Power Administration, DOE. ACTION: Notice of proposed base charge and rates adjustment. SUMMARY: The Western Area Power Administration (Western) is proposing an adjustment to the Boulder Canyon Project

(BCP)firm power base charge and rates. The current base charge and rates expire September 30, 2004. The current base charge is not sufficient to pay all annual costs including operation, maintenance, replacement, and interest expenses, and to repay investment obligations within the required period. The proposed base charge will provide sufficient revenue to pay all annual costs, including operation, maintenance, replacement, and interest expenses, and to repay investment obligations within the allowable period. A detailed rate package that identifies the reasons for the base charge and rates adjustment will be available in March 2004. The proposed base charge and rates are scheduled to become effective on October 1, 2004, the beginning of Federal fiscal year

(FY)2005, and will remain in effect through September 30, 2005. This **Federal Register** notice initiates the formal process for the proposed base charge and rates. DATES: The consultation and comment period will begin today and will end May 18, 2004. Western representatives will explain the proposed base charge and rates at a public information forum on March 25, 2004, beginning at 10:30 a.m. m.s.t., in Phoenix, Arizona (AZ). Interested parties can provide oral and written comments at a public comment forum on April 15, 2004, beginning at 10:30 a.m. m.s.t., at the same location. ADDRESSES: The meetings will be held at the Desert Southwest Customer Service Regional Office, located at 615 South 43rd Avenue, Phoenix, AZ. Please send comments to: Mr. J. Tyler Carlson, Regional Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, e-mail *carlson@wapa.gov.* Western must receive comments by the end of the consultation and comment period to be assured consideration. FOR FURTHER INFORMATION CONTACT: Mr. Jack Murray, Rates Team Lead, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, telephone

(602)352-2442, e-mail *jmurray@wapa.gov.* SUPPLEMENTARY INFORMATION: Proposed Base Charge and Rates for BCP Firm Power The proposed base charge and rates for BCP firm power service are designed to recover an annual revenue requirement that includes the investment repayment, interest, operation and maintenance, replacements, payment to states, visitor services, and uprating payments. These annual costs are reduced by the projected revenue from water sales, visitor services, water pump energy sales, facility use charges, regulation and spinning reserve services, miscellaneous leases, and late fees. The projected annual revenue requirement is the base charge for firm power service and is divided equally between capacity dollars and energy dollars. Annual energy dollars are divided by annual energy sales, and annual capacity dollars are divided by annual capacity sales to determine the proposed energy rate and the proposed capacity rate. The Deputy Secretary of the Department of Energy

(DOE)approved the existing rate formula for calculating the base charge and rates in Rate Schedule BCP-F6 for BCP firm power service on September 18, 2000 (Rate Order No. WAPA-94, October 13, 2000). The Federal Energy Regulatory Commission confirmed and approved the rate formula on a final basis in Docket No. EF00-5092-000 issued July 31, 2001. Rate Schedule BCP-F6 became effective on October 1, 2000, for the period ending September 30, 2005. Under Rate Schedule BCP-F6, for FY 2004, the base charge is $51,719,075, the forecasted energy rate is 6.46 mills per kilowatt-hour (mills/kWh) and the forecasted capacity rate is $1.17 per kilowatt month (kWmonth). The composite rate is 12.91 mills/kWh. The FY 2005 proposed base charge is $59,460,550, the forecasted energy rate is 6.95 mills/kWh, and the forecasted capacity rate is $1.27/kWmonth. The proposed composite rate is 13.90 mills/kWh. This is approximately an 8-percent increase from the current composite rate. The proposed base charge and rates are based on the FY 2004 operating plan for Western and the Bureau of Reclamation, and also account for the lower revenue level due to restriction of public tours at Hoover Dam following the September 11, 2001, terrorist attack in the United States. The following table compares the current and proposed base charge and rates. Comparison of Current and Proposed Base Charge and Rates Current Oct. 1, 2003 through Sept. 30, 2004 Proposed Oct. 1, 2004 through Sept. 30, 2005 Percent change increase Total Composite (mills/kWh) 12.91 13.90 8 Base Charge ($) 51,719,075 59,460,550 15 Energy Rate (mills/kWh) 6.46 6.95 8 Capacity Rate ($/kWmonth) 1.17 1.27 8 The increase in the base charge and rates results from higher annual costs in operation and maintenance, replacements, visitor's center costs and lower revenue projections for the visitor center. Procedural Requirements Western will hold both a public information forum and a public comment forum. After considering comments, Western will recommend the proposed base charge and rates for final approval by the DOE Deputy Secretary. The proposed firm power service base charge and rates for BCP are being set under the DOE Organization Act, 42 U.S.C. 7152; the Reclamation Act of 1902, ch. 1093, 32 Stat. 388, as amended and supplemented by subsequent enactments, particularly section 9(c) of the Reclamation Project Act of 1939, 43 U.S.C. 485h(c); and other acts that specifically apply to the project involved. Availability of Information Interested parties may review and copy all brochures, studies, comments, letters, memorandums, or other documents made or kept by Western for developing the proposed base charge and rates. These documents are at the Desert Southwest Customer Service Regional Office, located at 615 South 43rd Avenue, Phoenix, AZ. Regulatory Procedural Requirements Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, *et seq.* ) requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities, and there is a legal requirement to issue a general notice of proposed rulemaking. This action does not require a regulatory flexibility analysis since it is a rulemaking specifically involving rates or services. Environmental Compliance In compliance with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321, *et seq.* ); Council On Environmental Quality Regulations (40 CFR parts 1500-1508); and DOE NEPA Regulations (10 CFR part 1021), Western has determined that this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; therefore, this notice requires no clearance by the Office of Management and Budget. Small Business Regulatory Enforcement Fairness Act Western has determined that this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking specifically relating to rates or services and involves matters of procedure. Dated: February 2, 2004. Michael S. Hacskaylo, Administrator. [FR Doc. 04-3432 Filed 2-17-04; 8:45 am]

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