Notices. Notice of proposed amendment to second consent decree regarding Portland, Maine; request for public comment

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2004-075-Massachusetts] City of Holyoke Gas & Electric Department; Notice February 18, 2004. By notice of January 28, 2003, Commission staff was assigned to help facilitate resolution of environmental and related issues associated with development of a comprehensive settlement agreement for the Holyoke Project. The following staff will also be considered “separated staff” and will take no part in the Commission's review of the offer of settlement and the comprehensive settlement agreement, or deliberations concerning the disposition of the rehearings:

Robert Grieve, Office of Energy Projects. Magalie R. Salas, Secretary. [FR Doc. E4-363 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission El Paso Natural Gas Company; Notice of Compliance Filing February 18, 2004. Take notice that on February 12, 2004, El Paso Natural Gas Company (El Paso) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1-A, Substitute Original Sheet No. 219H and Substitute Original Sheet No. 219I, with an effective date of February 1, 2004.

El Paso states that the filing is being filed in compliance with the Commission's Order addressing its directional transfer scheduling proposal. 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. E4-359 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-543-001] Iroquois Gas Transmission System, L.P.; Notice of Fuel Calculations February 18, 2004. Take notice that on January 8, 2004, Iroquois Gas Transmission System, L.P., (Iroquois) tendered for filing revised schedules to correct previously submitted calculations supporting the Measurement Variance/Fuel Use Factors utilized by Iroquois during the period January 1, 2003 through June 30, 2003. 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

(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 eLibrary e-Filing link. *Protest Date:* February 25, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-366 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-153-000] Iroquois Gas Transmission System, L.P.; Notice of Fuel Calculations February 18, 2004. Take notice that on January 8, 2004, Iroquois Gas Transmission System, L.P., (Iroquois) tendered for filing schedules reflecting calculations supporting the Measurement Variance/Fuel Use Factors utilized by Iroquois during the period July 1, 2003 through December 31, 2003. 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 link. Enter the docket number excluding the last three digits in the docket number field to access the document. For Assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

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

(202)502-8659. Comments, protests and interventions 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 under the e-Filing link. *Protest Date:* February 25, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-367 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-165-000] Midwestern Gas Transmission Company; Notice of Cashout Report February 18, 2004. Take notice that on February 11, 2004, Midwestern Gas Transmission Company (Midwestern) tendered for filing, its 10th annual cashout report for the September 2002 through August 2003 period. Midwestern states that the cashout report reflects a net cashout gain of $290,294. Midwestern states that it will credit this gain to its firm shippers in its next issuance of invoices. 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 25, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-369 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-62-000] Midwestern Gas Transmission Company; Notice of Application February 18, 2004. Take notice that Midwestern Gas Transmission Company (Midwestern), 13710 FNB Parkway, Omaha, Nebraska 68154, filed in Docket No. CP04-62-000 on February 11, 2004, an application pursuant to section 7(b) of the Natural Gas Act (NGA), as amended, to abandon in place pipeline facilities consisting of 1.6 miles of 30-inch diameter mainline (Midwestern's Line 2100-2) and appurtenant facilities, located near the Portland, Tennessee, Compressor Station, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call

(866)208-3676 or TTY,

(202)502-8659. Any questions regarding this application should be directed to Raymond D. Neppl, Vice President, Regulatory Affairs and Market Services, at

(402)492-7428. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before March 10, 2004, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's rules of practice and procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* March 10, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-371 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-164-000] Northwest Pipeline Corporation; Notice of Proposed Changes in FERC Gas Tariff February 18, 2004. Take notice that on February 11, 2004, Northwest Pipeline Corporation (Northwest) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the tariff sheets listed in the filing, to be effective April 1, 2004. Northwest states that the purpose of this filing is to revise Northwest's tariff to conform it to Northwest's current practices concerning certain electronic communication, transaction and contracting procedures. Northwest states that a copy of this filing has been served upon Northwest's customers and interested state regulatory 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. E4-368 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-166-000] Trunkline Gas Company, LLC; Notice of Proposed Changes in FERC Gas Tariff February 18, 2004. Take notice that on February 12, 2004, Trunkline Gas Company, LLC (Trunkline) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following revised tariff sheets to become effective March 14, 2004: First Revised Sheet No. 269 First Revised Sheet No. 270 Trunkline states that this filing is to revise the right of first refusal

(ROFR)provisions in section 11.3 of the General Terms and Conditions of Trunkline's tariff to clarify its rights to allow a contractual ROFR when a service agreement might otherwise not be eligible for such rights. Trunkline further states that copies of this filing are being served on all affected customers and applicable state regulatory agencies. 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. E4-370 Filed 2-23-04;8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-350-000] XL Trading Partners America LLC; Notice of Issuance of Order February 17, 2004. XL Trading Partners America LLC (XL Trading) filed an application for market-based rate authority, with an accompanying tariff. The proposed tariff provides for wholesale sales of capacity, energy, and ancillary services at market-based rates. XL Trading also requested waiver of various Commission regulations. In particular, XL Trading requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by the XL Trading. On February 9, 2004, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under Part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by XL Trading should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Notice is hereby given that the deadline for filing motions to intervene or protests, as set forth above, is March 10, 2004. Absent a request to be heard in opposition by the deadline above, XL Tading is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of XL Trading, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of XL Trading's issuances of securities or assumptions of liability. Copies of the full text of the Order are available from the Commission's Public Reference Branch, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the e library (FERRIS) link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. *See* , 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E4-356 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-64-000, et al.] Denver City Energy Associates, L.P., et al.; Electric Rate and Corporate Filings February 13, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Denver City Energy Associates, L.P. [Docket No. EC04-64-000] Take notice that on February 11, 2004, Denver City Energy Associates, L.P.

(DCE)filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization of an indirect disposition of jurisdictional facilities in connection with the sale by United States Power Fund, L.P. to UnionBanCal Equities, Inc. DCE states that it request confidential treatment of a document submitted therewith. DCE states that copies of the application were served upon the Public Utility Commission of Texas and Golden Spread Electrical Cooperative, Inc. *Comment Date:* March 3, 2004. 2. ALLETE, Inc. [Docket No. EL04-81-000] Take notice that on February 9, 2004, ALLETE, Inc. (ALLETE) tendered for filing a Petition for Declaratory Order pursuant to rule 207 of the Commission's rules of practice and procedure, 18 CFR 385.207, seeking Commission ratification that:

(i)The distribution to ALLETE's shareholders of common stock of its indirect wholly-owned non-utility subsidiary, ADESA Corporation is not prohibited by section 305(a) of the Federal Power Act; and

(ii)the manner in which ALLETE proposes to account for the distribution is acceptable and in accordance with the Uniform System of Accounts. *Comment Date:* March 1, 2004. 3. BlueStar Energy Services, Inc. [Docket No. ER04-426-001] Take notice that on February 11, 2004, BlueStar Energy Services, Inc. (BlueStar) tendered for filing an amendment to its petition filed January 20, 2004, in Docket No. ER04-426-000. *Comment Date:* March 3, 2004. 4. PacifiCorp [Docket No. ER04-489-001] Take notice that on February 11, 2004, PacifiCorp tendered for filing in accordance with 18 CFR part 35 of the Commission's rules and regulations an amendment to PacifiCorp's December 17, 2003, filing submitting proposed revisions to PacifiCorp's market based rate tariff designated as FERC Electric Tariff, 4th Rev. Volume No. 12. PacifiCorp requests waiver of the Commission's prior notice requirements so that the revisions may be effective on December 17, 2003. PacifiCorp states that copies of this filing have been supplied to all parties designated on the official service list compiled by the Secretary in this proceeding. *Comment Date:* March 3, 2004. 5. SWEPI LP [Docket No. ER04-547-000] Take notice that on February 11, 2004, SWEPI LP tendered for filing a Notice of Cancellation, of its FERC Electric Tariff, Original Volume No. 1, which was accepted by the Commission on October 24, 2002, in Docket No. ER02-2558-000. SWEPI LP requests waiver of the 60-day notice period to allow the cancellation of its tariff to become effective immediately. *Comment Date:* March 3, 2004. 6. PJM Interconnection, L.L.C. [Docket No. ER04-548-000] Take notice that on February 11, 2004, PJM Interconnection, L.L.C.

(PJM)submitted revisions to Schedule 9-2 and Schedule 9-3 of the PJM Open Access Transmission Tariff (PJM Tariff) regarding the recovery of costs of administering Financial Transmission Rights and Market Support Services. PJM requests waiver of 18 CFR 35.3 to permit an effective date of April 1, 2004, for the proposed revisions to Schedule 9-2. PJM requests an effective date of May 1, 2004, for the proposed revisions to Schedule 9-3. PJM states that copies of the filing were served on all PJM members and on the utility regulatory commissions in the PJM region. *Comment Date:* March 3, 2004. 7. Virginia Electric and Power Company [Docket No. ER04-549-000] Take notice that on February 11, 2004, Virginia Electric and Power Company, doing business as Dominion Virginia Power, tendered for filing its Large Generator Interconnection Procedures and Large Generator Interconnection Agreement in compliance with Order No. 2003 issued July 24, 2003, in Docket No. RM02-1-000 and Order Denying Stay and Granting Extension issued 7/24/03 in Docket Nos. RM02-1-000 and 001. Dominion Virginia Power requests an effective date of February 12, 2004. Dominion Virginia Power states that copies of the filing were served upon customers under Dominion Virginia Power's open access transmission tariff, the Virginia State Corporation Commission and the North Carolina Utilities Commission. *Comment Date:* March 3, 2004. 8. Aquila, Inc. [Docket No. ES04-13-000] Take notice that on February 9, 2004, Aquila, Inc. (Aquila) submitted an application pursuant to section 204 of the Federal Power Act to authorize Aquila to issue up to and including $500 million of secured and unsecured notes and other evidences of indebtedness. *Comment Date:* March 1, 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. E4-357 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-650-000, et al.] GenWest LLC, et al.; Electric Rate and Corporate Filings February 17, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. GenWest LLC [Docket No. EC04-65-000] Take notice that on February 13, 2004, GenWest LLC (GenWest) tendered for filing pursuant to section 203 of the Federal Power Act, an application for authorization for GenWest to transfer a 25% undivided ownership interest in its Silverhawk Generating Facility to the Southern Nevada Water Authority on or after commercial operation. *Comment Date:* March 5, 2004. 2. San Roque Power Corporation [Docket No. EG04-33-000] Take notice that on February 12, 2004, San Roque Power Corporation (Applicant), with its principal office at 6766 Ayala Avenue, 1200 Makati City, Republic of the Philippines, filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Applicant states that it is a Philippine corporation engaged directly and exclusively in the business of owning and operating an approximately 345 MW, hydroelectric facility located on Luzon Island in the Republic of the Philippines. Applicant further states that electric energy produced by the facility will be sold at wholesale and entirely outside the United States. *Comment Date:* March 4, 2004. 3. PSEG Huangshi Power Ltd. [Docket No. EG04-34-000] Take notice that on February 12, 2004, PSEG Huangshi Power Ltd. (PSEG Huangshi), with its principal office at Clarendon House, 2 Church Street, Hamilton HM11, Bermuda, filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission(s regulations. PSEG Huangshi states that it is a corporation organized under the laws of Bermuda. PSEG Huangshi states that it will be engaged, directly or indirectly through an affiliate as defined in section 2(a)(11)(B) of the Public Utility Holding Company Act of 1935 (PUHCA), exclusively in owning, operating, or both owning and operating:

(1)A 50 percent ownership interest in a coal-fired thermal facility consisting of a steam turbine and generator with a total output of approximately 200 megawatts; and

(2)a coal-fired thermal facility consisting of two steam turbines and generators with a total output of approximately 600 megawatts. PSEG Huangshi states that it will through an affiliate sell electric energy at wholesale from the facility and may engage in other incidental activities with respect thereto consistent with PUHCA. *Comment Date:* March 5, 2004. 4. Maine Public Service Company [Docket No. ER00-1053-010] Take notice that on February 11, 2004, Maine Public Service Company

(MPS)submitted revisions to its Open Access Transmission Tariff

(OATT)to implement an Agreement regarding Maine Public Service Company's Formula Rate and 2003 Informational Filing (Settlement Agreement). MPS states that copies of this filing were served on the parties to the proceeding, parties to the Settlement Agreement in Docket No. ER00-1053-000, the Commission Trial Staff, the Maine Public Utilities Commission, the Maine Public Advocate, and current MPS open access transmission tariff customers. *Comment Date:* March 3, 2004. 5. ISO New England Inc. [Docket No. ER01-316-011] Take notice that on February 12, 2004, ISO New England Inc. (the ISO) tendered for filing a revised quarterly Index of Customers for the fourth quarter of 2003 for its Tariff for Transmission Dispatch and Power Administration Services filed on February 3, 2004, in Docket No. ER01-316-010. The ISO states that the revision is made to conform to FERC rule 614. *Comment Date:* March 4, 2004. 6. NorthWestern Energy Marketing, LLC [Docket No. ER02-41-005] Take notice that on February 12, 2004, NorthWestern Energy Marketing, LLC

(NEM)tendered for filing an amended Original Sheet No. 1 to its market-based rate tariff, FERC Electric Tariff, First Revised Volume No. 1, to identify the Commission-approved geographic markets into which NEM may sell ancillary services. *Comment Date:* March 4, 2004. 7. NorthWestern Energy [Docket No. ER03-329-004] Take notice that on February 12, 2004, NorthWestern Energy

(NWE)tendered for filing an amended Original Sheet No. 1 to its market-based rate tariff, FERC Electric Tariff, Second Revised Volume No. 6, to identify the Commission-approved geographic markets into which NWE may sell ancillary services. *Comment Date:* March 4, 2004. 8. American Electric Power Service [Docket No. ER04-276-001] Take notice that on February 12, 2004, American Electric Power Service

(AEP)tendered for filing Amendments to an Amended Interconnection and Operation Agreement between Ohio Power Company and Lima Energy Company (LEC). AEP requests an effective date of February 9, 2004. AEP states that a copy of the filing was served upon LEC and the Public Commission of Ohio. *Comment Date:* March 4, 2004. 9. Bravo Energy Resources, LLC [Docket No. ER04-292-001] Take notice that on February 12, 2004, Bravo Energy Resources, LLC (Bravo) submitted an amendment to its petition filed December 15, 2003, for acceptance of Bravo Rate Schedule FERC Electric Tariff Original Volume No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. Bravo states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer and that it is not in the business of generating or transmitting electric power. *Comment Date:* March 4, 2004. 10. The Clark Fork and Blackfoot, L.L.C. [Docket Nos. ER04-467-001] Take notice that on February 12, 2004, The Clark Fork and Blackfoot, L.L.C.

(TCFB)tendered for filing an amended Original Sheet No. 1 to its market-based rate tariff, FERC Electric Tariff, First Revised Volume No. 1, to identify the Commission-approved geographic markets into which TCFB may sell ancillary services. *Comment Date:* March 4, 2004. 11. Southern California Edison Company [Docket No. ER04-550-000] Take notice, that on February 12, 2004, Southern California Edison Company

(SCE)tendered for filing a revised rate sheet (Revised Sheet) for the Service Agreement for Wholesale Distribution Service between SCE and the City of Rancho Cucamonga, California (Rancho Cucamonga). SCE states that the Revised Sheet reflects a revised date for the commencement of wholesale Distribution Service. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California, and Rancho Cucamonga. *Comment Date:* March 4, 2004. 12. Western Systems Power Pool, Inc. [Docket No. ER04-551-000] Take notice that on February 12, 2004, Western Systems Power Pool, Incorporated

(WSPP)tendered for filing a request to amend the WSPP Agreement to include ATCO Power Canada Ltd.

(ATCO)and Las Vegas Cogeneration II, LLC (LVC II) as participants. The WSPP seeks an effective date of December 22, 2003, for LVC II membership and January 12, 2004, for ACTO's membership. WSPP states that copies of this filing will be served upon ATCO and Black Hills Generation, Inc., the parent company of LVCC II. In addition, WSPP states that copies will be emailed to WSPP members who have supplied email addresses for the Contract Committee and Contacts lists. WSPP further states that this filing also has been posted on the WSPP home page ( *www.wspp.org* ) thereby providing notice to all WSPP members. *Comment Date:* March 4, 2004. 13. Illinois Power Company [Docket No. ER04-552-000] Take notice that on February 12, 2004, Illinois Power Company (Illinois Power) tendered for filing First Revised Sheet No. 10 and Original Sheet No. 180 through Original Sheet No. 346, to include the *pro forma* Large Generator Interconnection Procedures and the Large Generator Interconnection Agreement in its Open Access Transmission Tariff. Illinois Power requests an effective date of January 20, 2004, for the tariff sheets. *Comment Date:* March 4, 2004. 14. Avista Corporation [Docket Nos. ER04-553-000] Take notice that on February 12, 2004, Avista Corporation (Avista) tendered for filing with the Federal Regulatory Commission a Notice of Cancellation of Avista's Rate Schedule No. 194 with PacifiCorp. *Comment Date:* March 4, 2004. 15. Diverse Power Incorporated [Docket No. ER04-555-000] Take notice that on February 12, 2004, Diverse Power Incorporated (Diverse) submitted its proposed Revised Tariff Sheet No. 1 of its Original FERC Rate Schedule No. 1. The revised tariff sheet is being filed to reflect a change in name from Troup Electric Membership Corp. to Diverse Power Incorporated. *Comment Date:* March 4, 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,

(EA)that analyzes the environmental impacts of allowing Duke Power Company, licensee for the Keowee-Jocassee Hydroelectric Project, to authorize the Cliffs at Keowee Vineyards (the Cliffs) use of project lands and waters. Specifically, the Cliffs purposes to excavate about 3,300 cubic yards of sediment material in an area about 785 feet in length, 49 feet in width, and 2.3 feet in depth for the purpose of providing safe access to the previously approved cluster docks serving the subdivision. The EA contains staff's analysis of the potential environmental impacts of the proposal and concludes that approval of the proposed action would not constitute a major Federal action significantly affecting the quality of the human environment. A copy of the EA is attached to a February 5, 2004, Commission Order titled “Order Approving Non-Project Use of Project Lands and Waters,” which is available for review and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426. The EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “elibrary” link. Enter the docket number (prefaced by P-) and 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. Magalie R. Salas, Secretary. [FR Doc. E4-364 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Settlement Agreement and Soliciting Comments February 17, 2004. Take notice that the following settlement agreement has been filed with the Commission and is available for public inspection. a. *Type of Application:* Settlement agreement on resolution of issues related to Endangered Species Act listed snails as part of new hydroelectric license applications. b. *Project Nos.:* P-2778-005, P-2777-07, P-2061-004, P-1975-014, and P-2055-010. c. *Date filed:* February 12, 2004. d. *Applicant:* Idaho Power Company. e. *Name of Projects:* Shoshone Falls, Upper Salmon Falls, Lower Salmon Falls, Bliss, C.J. Strike f. *Location:* On the Snake River, East of Boise, Idaho in the counties of Owyhee, Elmore, Gooding, Twin Falls, Jerome. g. *Filed Pursuant to:* Rule 602 of the Commission's rules of practice and procedure, 18 CFR 385.602. h. *Applicant Contact:* James Tucker, Senior Counsel, Idaho Power Company, 1221 West Idaho Street, Boise, Idaho, 208-388-2112. i. *FERC Contact:* John Blair, 202-502-6092, *john.blair@ferc.gov* . j. *Deadline for filing comments:* March 15, 2004. Reply comments: March 25, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's rules of practice require all interveners filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. Idaho Power Company

(IPC)filed on behalf of the Company and the U.S. Fish and Wildlife Service

(FWS)a settlement agreement on the resolution of all issues related to the Endangered Species Act

(ESA)listed snails in connection with the relicensing of five Snake River hydroelectric Projects: Shoshone Falls, P-2778 Upper Salmon Falls, P-2777, Lower Salmon Falls, P-2061, Bliss, P-1975, C.J. Strike, P-2055. The five projects have a combined capacity of 252 MW. The specific areas of disagreement and subsequent settlement are whether and how the load following operations at the Lower Salmon Falls, Bliss and C.J. Strike projects affect the listed endangered snails. The resolution of this issue is important because significant loss of power and economic benefits would occur if the projects operated in a year-round run-of-river

(ROR)mode instead of following existing operations. IPC and FWS have agreed that additional studies and analyses are desirable to assess projects effects on the snails. IPC and FWS have agreed upon an operational regime for the five projects that will permit six years of studies and analyses of various project operations on the listed snails. All Parties to the settlement have agreed that the Settlement Agreement is fair and reasonable and in the public interest. On behalf of the Parties, PGE requests that the Commission approve the Settlement Agreement and adopt it as part of the new license without material modification. l. A copy of the settlement agreement is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E4-354 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. P-11810-004, P-5044-008 and P-2935-015] City of Augusta, Enterprise Mill LLC, Avondale Mills, Inc.; Notice of Applications Accepted for Filing; Soliciting Comments, Motions to Intervene and Protests; and Revised Schedule for Processing Applications February 17, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection. a. *Types of Applications:* Original major license, new major license, subsequent minor license. b. *Project Nos.:* P-11810-004, P-5044-008, and P-2935-015. c. *Dates filed:* Augusta Canal, 02/03/03; Sibley Mill, 04/02/01; Enterprise Mill; 09/24/01. d. *Applicants:* City of Augusta, Enterprise Mill LLC, Avondale Mills Inc. e. *Names of Projects:* Augusta Canal Project, P-11810-004; Sibley Mill Project, P-5044-008; Enterprise Mill Project, P-2935-015. f. *Location:* On the Augusta Canal, adjacent to the Savannah River, Richmond County, Augusta, GA. The Augusta Canal Project is located on the Savannah River at the diversion dam for the canal. Sibley Mill and Enterprise Mill are located in the Augusta Canal, about 5 and 6 miles, respectively, downstream of the diversion dam. The projects do not affect Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)—825(r). h. *Applicant Contacts:* Augusta Canal: Max Hicks, Director, Utilities Department, 360 Bay Street, Suite 180, Augusta, Georgia 30901,

(706)312-4121; Sibley Mill: Mr. J. H. Vaughn, III, Avondale Mills Inc., P.O. Box 128, Graniteville, SC 29829,

(803)663-2116; Enterprise Mill: Beth E. Harris, Project Engineer, CHI Energy, Inc., P.O. Box 8597, Greenville, SC 29604,

(864)281-9630. i. *FERC Contact:* Monte TerHaar, *monte.terhaar@ferc.gov* ,

(202)502-6035. 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 cooperation status should follow the instruction for filing comments described in item n below. k. *Deadline for filing comments, motions to intervene, and protests:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's rules of practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Motions to intervene 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. l. These applications have been accepted, and are not ready for environmental analysis at this time. m. *Project Descriptions:* Augusta Canal: The City of Augusta does not propose to construct hydroelectric generation facilities and the project would produce no power. Augusta proposes to license parts of the Augusta Canal system which pass flows for use by three existing hydroelectric projects located in the Augusta Canal. These projects are the 2.475 megawatt

(MW)Sibley Mill Project, 2.05 MW King Mill Project, and the 1.2 MW Enterprise Project. The license for the King Mill Project, P-9988, does not expire until 5/31/2009, and is not being relicensed at this time. The proposed Augusta Canal Project would consist of the following:

(1)The 1,666-foot-long stone masonry Augusta Diversion Dam;

(2)the 2,250-foot-long Savannah River impoundment between Steven's Creek Dam and the Augusta Diversion Dam; and

(3)the first level of the Augusta Canal, which extends about 7 miles between the Augusta Diversion Dam and the Thirteenth Street gates. Sibley Mill Project consists of:

(1)Intake works including four steel diversion gates on a 50-foot-long by 15-foot-high intake structure equipped with 1-inch trash racks;

(2)a concrete headrace 290 feet long, 42 feet wide, and 15 feet deep;

(3)a brick powerhouse;

(4)three vertical shaft Francis turbine/generator units with an installed capacity of 2.475 MW;

(5)an open tailrace 350 feet long, 30 feet wide, and 38 feet deep returning flow to the Augusta Canal; and

(6)appurtenant facilities. There is no dam or impoundment, as approximately 936 cfs of water is withdrawn from the Augusta Canal when operating at full capacity. The applicant estimates that the total average annual generation would be 11,000 megawatthours (MWh). All generated power is utilized within the industrial manufacturing facility in the Sibley Mill. No new facilities are proposed. The Enterprise Mill Project consists of:

(1)intake works including two steel sliding, vertical lift intake gates;

(2)primary and secondary steel trash racks;

(3)two 300-foot-long, 8-foot-diameter penstocks;

(4)two vertical shaft turbine/generator units with an installed capacity of 1.2 megawatts and a rated maximum discharge of 590 cfs, located inside the reinforced concrete and masonry Enterprise Mill structure;

(5)an underground 350-foot-long tailrace, and open 500-foot-long tailrace section returning flow to the Augusta Canal, and

(6)appurtenant facilities. There is no dam or impoundment, as approximately 580 cfs of water is withdrawn from the Augusta Canal when operating at full capacity. Developed head is approximately 30 feet. The applicant estimates that the annual generation would be between 5,000 and 8,000 MWh. Generated power is utilized within the applicant's Enterprise Mill which houses residential and commercial tenants, and excess power will be sold to Georgia Power Company. No new facilities are proposed. n. Copies of the applications are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. Copies are also available for inspection and reproduction at the addresses in item h above. All filings must

(1)bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS”;

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person submitting the filing; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. 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. o. *Procedural Schedule:* the remaining schedule for processing these applications is revised as shown below. Revisions to this schedule may be made as appropriate. Milestone Target date Notice Accepting Applications, and Motions to Intervene February 2004. Additional information requested February 2004. Additional Information due April 2004. Notice Ready for Environmental Analysis/Soliciting Final Comments, Recommendations, Terms and Conditions April 2004. Deadline for Agency Recommendations June 2004. Notice of the availability of the EA August 2004. Public Comments on EA due September 2004. Ready for Commission decision on the application Oct.-Nov. 2004. Magalie R. Salas, Secretary. [FR Doc. E4-355 Filed 2-23-04; 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 February 18, 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 Number:* P-1494-259. c. *Date Filed:* October 31, 2003. d. *Applicant:* Grand River Dam Authority. e. *Name of Project:* Pensacola Project. f. *Location:* The project is located on the Grand (Neosho) River in Craig, Delaware, Mayes, and Ottawa Counties, Oklahoma. The project does not occupy any federal or tribal lands. The proposed non-project use would be located on Grand Lake of the Cherokees in Section 9, Township 24 North, Range 23 East in Delaware County. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contacts:* Mary Von Drehle or Teresa Hicks, Grand River Dam Authority, P.O. Box 409, Vinita, OK 74301. Phone:

(918)256-5545. i. *FERC Contact:* Any questions on this notice should be addressed to Steve Naugle at

(202)502-6061, or by e-mail: *steven.naugle@ferc.gov.* j. *Deadline for filing comments and or motions:* March 19, 2004. k. *Description of the Application:* The project licensee requests Commission authorization to permit St. Andrew's Harbor to install five floating docks with a total of 47 covered boat slips. The dock facilities would be used by homeowners in a residential development on Monkey Island known as St. Andrew's. l. *Location of the Application:* A copy of the application is available for inspection and reproduction at the Commission's 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 e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* or 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, 385.211, 385.214. 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 (P-1494-259). 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. 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. E4-361 Filed 2-23-04; 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 February 18, 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 Number:* P-1494-261. c. *Date Filed:* December 12, 2003. d. *Applicant:* Grand River Dam Authority (GRDA). e. *Name of Project:* Pensacola Project. f. *Location:* The project is located on the Grand (Neosho) River in Craig, Delaware, Mayes, and Ottawa Counties, Oklahoma. The project does not occupy any Federal or tribal lands. The proposed non-project use would occupy project lands and waters on Grand Lake O' the Cherokees in Section 11, Township 24 North, Range 23 East in Delaware County on Sunset Peninsula near Grove, Oklahoma. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791 (a)—825(r). h. *Applicant Contacts:* Mary Von Drehle or Teresa Hicks, Grand River Dam Authority, P.O. Box 409, Vinita, OK 74301. Phone:

(918)256-5545. i. *FERC Contact:* Any questions on this notice should be addressed to Steve Naugle at

(202)502-6061, or by e-mail: *steven.naugle@ferc.gov.* j. *Deadline for filing comments and or motions:* March 19, 2004. k. *Description of the Application:* GRDA, the project licensee, requests Commission authorization to permit William Skea d/b/a Batavia Development Company, LLC (Batavia) to:

(1)dredge approximately 17,000 cubic yards of bed and bank material on 2.1 acres in Paris Cove, a small inlet to Honey Creek Cove; and

(2)construct four floating docks with a total of 30 covered boat slips within the dredged area in the back reach of the cove. The purpose of the proposed dredging is to deepen the cove to allow boat access to the installed docks. The dredged material would be placed on Batavia's adjacent property above elevation 757 feet Pensacola Datum. The dock facilities would be used by homeowners in Stony Creek Subdivision, a new residential community being developed by Batavia. l. *Location of the Application:* A copy of the application is available for inspection and reproduction at the Commission's 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 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* or 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, 385.211, 385.214. 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 (P-1494-261). 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. 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. E4-362 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-48-000, RT04-01-000, ER04-434-000, ER99-4392-000, and RM01-12-000] Southwest Power Pool, Inc., Remedying Undue Discrimination Through Open Access Transmission Service and Standard Electricity Market Design; Notice of Technical Conference February 18, 2004. Take notice that a technical conference for the Southwest Power Pool, Inc.

(SPP)will be held on Friday, March 19, from approximately 9 a.m. to 1 p.m. central standard time at the Hyatt Regency DFW, inside the Dallas/Ft. Worth Airport in Dallas, Texas. Members of the Commission will attend and participate in the discussions. This conference shall be one in a series of regional technical conferences announced in the White Paper issued in this docket on April 28, 2003. The Commission intends to use this conference to discuss with states and market participants reasonable timetables for RTO development activities to benefit customers within the region. Individual panelists will be invited to participate in this conference. Further details of the conference, including the agenda, will be specified in a subsequent notice. All interested persons may attend the conference, and registration is not required. However, in-person attendees are encouraged to register on-line at *http://www.ferc.gov/whats-new/registration/smd-0319-form.asp* . Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. They will be available for the public on the Commission's eLibrary system seven calendar days after FERC receives the transcript. Additionally, Capitol Connection offers the opportunity for remote listening of the conference via Real Audio or a Phone Bridge Connection for a fee. Persons interested in making arrangements should contact David Reininger or Julia Morelli at the Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.org* and click on “FERC.” For more information about the conference, please contact Sarah McKinley at

(202)502-8004 or *sarah.mckinley@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-360 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RM01-8-000 and ER02-2001-000] Revised Public Utility Filing Requirements Electric Quarterly Reports; Notice of Electric Quarterly Reports Information February 18, 2004. This notice announces: • The availability of a new version of Electric Quarterly Report

(EQR)submission software (2.0) which implements the changes mandated in Order No. 2001-E. • A two-day EQR Users Group Workshop in Washington, DC, on March 11 and 12, 2004. • An outreach session for western EQR filers on February 24, 2004, at the California ISO. • The availability of a function to download the entire EQR database to a remote site. On April 25, 2002, the Commission issued Order No. 2001, 1 a final rule which requires public utilities to file Electric Quarterly Reports. Order 2001-E, issued December 23, 2003, made certain changes in the filing requirements which are effective beginning with the first quarter 2004 filing, due April 30, 2004. The enhancements have been made to the EQR submission software and users' EQR software will be automatically updated to the new version when they open their software on a computer that is connected to the Internet. A newly revised Users Guide and guidance for the changes resulting from Order No. 2001-E have been posted on the Commission's Web site at *http://www.ferc.gov/docs-filing/eqr/eqr-soft.asp* . 1 Revised Public Utility Filing Requirements, Order No. 2001, 67 FR 31043, FERC Stats. & Regs. ¶ 31,127 (April 25, 2002); *reh'g denied,* Order No. 2001-A, 100 FERC ¶ 61,074, *reconsideration and clarification denied,* Order No. 2001-B, 100 FERC ¶ 61.342 (2002). On March 11 and 12, 2004, there will be an EQR Users Group Workshop. All interested parties are invited to attend. The meeting will be held in the Commission Meeting Room at FERC headquarters, 888 First Street, NE., Washington, DC. For those unable to attend in person, access to some of the workshop sessions will be available by teleconference. These sessions are intended to be interactive meetings with considerable discussion of detailed elements of the EQR. The teleconferenced Users Group Meeting will run from 1 p.m. to 5 p.m. on Thursday, March 11 and from 10 a.m. to 1 p.m. on Friday, March 12. There will be informal working sessions Thursday morning, from 9:30 a.m. until 12 p.m., and Friday afternoon, from 2 p.m. to 4 p.m. Those sessions will not be available via teleconference. Those interested in participating in person or via teleconference are asked to register online by March 1, 2004, at *http://www.ferc.gov/whats-new/registration/eqr_0311-form.asp* . There is no registration fee. On February 24, 2004, Barbara Bourque (EQR Program Manager) and Steven Reich will hold an EQR outreach session at the offices of the California Independent System Operator. The meeting will be held at 151 Blue Ravine Road in Folsom, California and will run from 1:30 p.m. to 5:30 p.m. It will include a discussion of the changes mandated by Order No. 2001-E and an extended question and answer session. Those interested in attending the meeting are asked to register online by 11 a.m. Pacific time on Friday, February 20, 2004, at *http://www.ferc.gov/whats-new/registration/eqr_0224-form.asp* . There is no registration fee. Questions and comments may be submitted in advance by filing them in ER02-2001 as described below, or by submitting them online at *http://www.ferc.gov/whats-new/registration/question-form.asp* . Beginning February 18, 2004, interested parties may download a copy of the entire EQR database from the FERC Web site at *http://www.ferc.gov/docs-filing/eqr/database-down-new.asp* . The database is in Visual FoxPro

(VFP)format. The file is over 500 MB compressed, expanding to over 7,500 MB when decompressed. This file will be updated each Saturday, and only one user at a time will be allowed to download it because of its size. For that reason and because of the computer sophistication required to use a VFP database, only parties with IT departments capable of supporting the database should attempt to download it. Interested parties wishing to file comments may do so under the above-captioned Docket Numbers. Those filings will be 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 via phone at

(866)208-3676 (toll-free). For TTY, contact

(202)502-8659. For additional information, please contact Barbara Bourque of FERC's Office of Market Oversight & Investigations at

(202)502-8338 or by e-mail, *Barbara.bourque@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-365 Filed 2-23-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7626-2] Proposed Amendment to Second Consent Decree, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed amendment to second consent decree regarding Portland, Maine; 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 amendment to the second partial consent decree, to address a lawsuit filed by Sierra Club and the Group Against SMOG and Pollution in the District Court for the District of Columbia: *Sierra Club and Group Against SMOG and Pollution, Inc.* v. *Leavitt,* No. 1:00CV02206 (D. D.C.). On or about September 14, 2000, Sierra Club and the Group Against SMOG and Pollution filed a complaint seeking to require EPA to take final actions regarding determinations of whether several PM-10 and ozone nonattainment areas had attained the pertinent air quality standards by their attainment dates. EPA and the plaintiffs previously settled the claims regarding a number of the nonattainment areas, including Portland, Maine, in prior consent decrees. EPA and the plaintiffs are now proposing to amend the consent decree concerning Portland to extend the date for EPA's final action regarding Portland. Under the terms of the proposed amendment to the second consent decree, EPA will sign for publication in the **Federal Register** the Administrator's final determination pursuant to 42 U.S.C. 7511(b)(2) on whether the Portland area did or did not attain the 1-hour national ambient air quality standards for ozone by the applicable attainment date. DATES: Written comments on the proposed amendment to second consent decree must be received by March 25, 2004. ADDRESSES: Submit your comments, identified by docket ID number OGC-2004-0003, 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: Kevin McLean, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. telephone:

(202)564-5564. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Amendment to Second Consent Decree The proposed amendment to the second consent decree expects that the Maine Department of Environmental Protection (“DEP”) will notify EPA in writing by March 1, 2004 that it has issued and made publicly available a study, including supporting data on the feasibility of implementing the California Zero Emission Vehicle (“ZEV”) mandate in Maine. In addition, the proposed amendment to the second consent decree expects that the Maine DEP will submit for EPA's approval eight specific revisions to its State Implementation Plan by dates set forth in the consent decree. The proposed amendment to the consent decree provides that if Maine DEP does not make its ZEV study publicly available by the specified date or if EPA does not find the SIP revisions complete or approve them by specified dates, EPA is to take final action regarding the determination of attainment for Portland. If, however, the ZEV study is made publicly available and EPA approves all of the eight SIP revisions, then EPA is to have no further obligations under the consent decree. 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 amendment to second consent decree 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 amendment to second consent decree 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 amendment to the second consent decree should be withdrawn, the terms of the decree will be affirmed. II. Additional Information About Commenting on the Proposed Amendment to Second Consent Decree A. How Can I Get a Copy of the Amendment to the Second Consent Decree? EPA has established an official public docket for this action under Docket ID No. OGC-2004-0003 which contains a copy of the amendment to second consent decree. 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: February 17, 2004. Lisa K. Friedman, Associate General Counsel, Air and Radiation Law Office, Office of General Counsel. [FR Doc. 04-3935 Filed 2-23-04; 8:45 am]

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