Notices. Notice

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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 [Docket No. RP04-173-000] Dominion Transmission, Inc.; Notice of Proposed Changes in FERC Gas Tariff February 24 2004. Take notice that on February 20, 2004, Dominion Transmission, Inc.

(DTI)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, First Revised Sheet No. 1159, with an effective date of March 1, 2004. DTI states that the purpose of this filing is to remove the five-year term matching cap from its right-of-first refusal tariff provisions. 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. E4-429 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-110-001] El Paso Natural Gas Company; Notice of Compliance Filing February 24, 2004. Take notice that on February 20, 2004, El Paso Natural Gas Company (El Paso) tendered for filing as part its FERC Gas Tariff, Second Revised Volume No. 1A, with an effective date of February 13, 2004: Sub 1st Revised Original Sheet No. 287A Substitute Original Sheet No. 287B Substitute Second Revised Sheet No. 353 El Paso states that the tariff sheets are being filed to implement certain changes to the procedures for the re-designation of primary point changes in compliance with the Commission's February 5, 2004, Order in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-428 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-320-063] Gulf South Pipeline Company, LP; Notice of Negotiated Rate Filing February 24, 2004. Take notice that on February 18, 2004, Gulf South Pipeline Company, LP (Gulf South) filed with the Commission a contract between Gulf South and The City of Vicksburg, MS, Contract No. 30336, for disclosure of a recently negotiated rate transaction. Gulf South requests an effective date of April 1, 2004. Gulf South states that it has served copies of this filing upon all parties on the official service list. 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. E4-423 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-470-002] Southern Star Central Gas Pipeline, Inc.; Notice of Compliance Filing February 24, 2004. Take notice that on February 20, 2004, Southern Star Central Gas Pipeline, Inc. (Southern Star) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the tariff sheets listed below to become effective November 1, 2003: Fourth Revised Sheet No. 244 Fourth Revised Sheet No. 246 Southern Star states that the tariff sheets filed herewith are being submitted to incorporate the approved alternative cash-out pricing index into the applicable currently effective tariff sheets. The alternative pricing mechanism was accepted as of May 15, 2003, by Commission Letter Order dated February 11, 2004. Southern Star states that copies of the tariff sheets are being mailed to Southern Star's jurisdictional customers and interested State commissions. 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. E4-426 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-172-000] Tennessee Gas Pipeline Company; Notice of Discontinuation of Supply Area Volumetric Surcharge February 23, 2004. Take notice that on February 18, 2004, Tennessee Gas Pipeline Company (Tennessee) tendered for filing tariff sheets to discontinue its Supply Area Volumetric Surcharge. Tennessee requests an effective date of February 1, 2004. Tennessee states that pursuant to Article XXV of the General Terms and Conditions of its FERC Gas Tariff, Fifth Revised Volume No. 1, Tennessee recovers take or pay transition costs through a combination of demand and volumetric surcharges. Tennessee explains that pursuant to Article XXV, section 4.3 of the Tariff, Tennessee is to discontinue the Supply Area Volumetric Surcharge at the end of a month in which the balance in the Supply Area Volumetric Transition Cost subaccount declines to zero. Tennessee states that during the production month of January 2004, the balance in the Supply Area Volumetric Transition Cost subaccount declined to zero. Consequently, Tennessee is discontinuing the Supply Area Volumetric Surcharge effective February 1, 2004. Tennessee indicates that, pursuant to Article XXV, section 4.3 of the Tariff, the surcharge will be reinstated if the balance in the subaccount later becomes positive. 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

(SCE)tendered for filing the Amended and Restated Radial Lines Agreement (Amended Agreement) between SCE and Reliant Energy Mandalay, Inc. (Reliant). SCE states that the Amended Agreement reflects the replacement of three Coupling Capacitor Voltage Transformers at SCE's Santa Clara Substation related to the radial line connecting Reliant's gas fired generating facility to the California Independent System Operator Controlled Grid at SCE's Santa Clara Substation. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California and Reliant. *Comment Date:* March 10, 2004. 5. El Paso Electric Company [Docket No. ER04-567-000] Take notice that on February 18, 2004, El Paso Electric Company

(EPE)pursuant to a November 6 Settlement Agreement between EPE and Public Service Company of New Mexico, EPE tendered for filing revisions to Schedule 7 of its Open Access Transmission Tariff to include hourly firm point-to-point transmission service. EPE seeks an effective date of April 19, 2004, for the proposed revisions. *Comment Date:* March 10, 2004. 6. Florida Power & Light Company [Docket No. ER04-568-000] Take notice that on February 18, 2004, Florida Power & Light Company

(FPL)tendered for filing an executed amendment to the Interconnection & Operation Agreement between FPL and Blue Heron Energy Center, LLC. FPL requests that this amendment be made effective February 6, 2004. *Comment Date:* March 10, 2004. 7. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-569-000] Take notice that on February 18, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) tendered for filing Notices of Cancellation for the Adams-Columbia Electric Cooperative, Central Wisconsin Electric Cooperative, Kiel Electric Utility, Prairie du Sac Electric & Water Utility and Rock County Electric Cooperative Ancillary Service Agreements under the Midwest ISO FERC Electric Tariff, Second Revised, Volume No. 1, pursuant to sections 35.15 and 131.53 of the Commission's regulations, 18 CFR 35.15 and 131.53 (2002). Midwest ISO states that a copy of this filing was served on all parties. *Comment Date:* March 10, 2004. 8. Midwest Independent Transmission System Operator, Inc. and Ameren Services Company [Docket No. ER04-571-000] Take notice that on February 19, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and Ameren Services Company, as agent for Union Electric Company, d/b/a AmerenUE (AmerenUE), tendered for filing an Agreement for the Provision of Transmission Service to Bundled Retail Load between the Midwest ISO and AmerenUE (the Service Agreement). The Midwest ISO states that the Service Agreement establishes a contractual framework that allows AmerenUE to provide bundled electric service to its Missouri retail customers during a five-year transitional period while permitting the company to comply with Order No. 2000 through its participation in the Midwest ISO. Midwest ISO states that copies of this filing were served upon all parties. *Comment Date:* March 5, 2004. 9. Southern California Edison Company [Docket No. ER04-572-000] Take notice that on February 19, 2004, Southern California Edison Company

(SCE)tendered for filing revised rate sheets to Rate Schedule FERC Nos. 112, 113, 421, and 342. The revisions to these rate sheets are made pursuant to a letter agreement (Letter Agreement) and various contract amendments between SCE and the State of California Department of Water Resources (CDWR (Parties, collectively)) which provide for a reduction to CDWR's loss obligation to SCE, and resolve a longstanding billing dispute between the Parties. SCE respectfully requests an effective date of January 1, 2002. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California, CDWR and the California Independent System Operator Corporation. *Comment Date:* March 11, 2004. 10. Consolidated Edison Company of New York, Inc. [Docket No. ER04-573-000] Take notice that on February 19, 2004, Consolidated Edison Company of New York, Inc. (Con Edison) tendered for filing on Open Access Transmission Tariff, FERC Electric Tariff, First Revised Volume No. 1 (superseding Original Volume No. 1). Con Edison states that the filing proposes non-substantive revisions to Con Edison's current Open Access Transmission Tariff, including reformatting in compliance with Order No. 614. *Comment Date:* March 11, 2004. 11. Basin Electric Power Cooperative [Docket No. NJ04-2-001] Take notice that on February 18, 2004, Basin Electric Power Cooperative (Basin Electric) tendered for filing Substitute First Revised Sheet No. 7 in its non-jurisdictional open-access transmission reciprocity tariff, FERC Electric Tariff, Original Volume No. 1 (West-Side OATT) correcting errors in the table of contents that was contained in Basin Electric's January 20, 2004, filing (January 20th Filing) in compliance with Standardization of Generator Interconnection Agreements and Procedures, Order No. 2003, FERC Stats. & Regs. ¶ 31,146, 104 FERC ¶ 61,103 (2003). Basin Electric respectfully requests that the Commission allow the revised sheet to become effective January 20, 2004, the same effective date that it requested in its January 20th Filing. Basin Electric states that copies of the filing were served upon customers under the West-Side OATT, persons on the Commission's official service list in this proceeding, and upon the Public Service Company of Colorado, the Iowa Utilities Board, the Minnesota Public Utilities Commission, the Montana Public Service Commission, the Nebraska Public Service Commission, the North Dakota Public Utilities Commission, the South Dakota Public Utilities Commission, and the Wyoming Public Service Commission. *Comment Date:* March 10, 2004. Standard Paragraph Any person desiring to intervene or to protest this filing should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with rules 211 and 214 of the Commission's rules of practice and procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “FERRIS” link. Enter the docket number excluding the last three digits in the docket number filed to access the document. For assistance, call

(202)502-8222 or TTY,

(1)an updated market power analysis, and

(2)an amendment to its market-based rate tariff to adopt the Commission's new Market Behavior Rules. *Comment Date:* March 9, 2004. 3. Wisconsin Electric Power Company [Docket No. ER03-1313-002] Take notice that on February 17, 2004, Wisconsin Electric Power Company (Wisconsin Electric) tendered its refund report in compliance with the Commission's December 17, 2003, Letter Order, which accepted Wisconsin Electric's September 8, 2003 (hereinafter, September 8 filing), revision to Exhibit B of First [sic] Revised Power Sales Agreement (hereinafter, Exhibit B) between Wisconsin Electric and Wisconsin Public Power, Inc. (hereinafter, WPPI), as amended by Wisconsin Electric's October 22, 2003, supplemental filing (hereinafter, Supplemental filing). Additionally, Wisconsin Electric tendered for filing an original and six copies of an errata to the revised Exhibit B accepted in the Commission's December 17, 2003, Letter Order. Wisconsin Electric states that the purpose of the *errata* is to modify an inadvertent/incorrect rate schedule designation contained in the tariff sheets submitted along with the September 8 filing, as well as a related reference to same contained in the transmittal letters submitted along with Wisconsin Electric's September 8 and Supplemental filings. Wisconsin Electric requests that the Commission allow Exhibit B's November 7, 2003, effective date, which was established in the Commission's December 17, 2003, Letter Order, to remain undisturbed. *Comment Date:* March 4, 2004. 4. PJM Interconnection L.L.C. [Docket No. ER04-46-001 Take notice that on February 17, 2004, PJM Interconnection L.L.C.

(PJM)submitted for filing a substitute interconnection service agreement

(ISA)among PJM, Motiva Enterprises, L.L.C., and Delmarva Power & Light Company d/b/a Connectiv Power Delivery pursuant to the Commission's Order dated November 24, 2003, in Docket No. ER04-46-000. *Comment Date:* March 9, 2004. 5. PJM Interconnection, L.L.C. [Docket No. ER04-302-001] Take notice that on February 17, 2004, PJM Interconnection, L.L.C.

(PJM)submitted for filing a substitute interconnection service agreement among PJM, U.S. General Services Administration, White Oak Federal Research Center, and Potomac Electric Power Company pursuant to the Commission's Order dated February 12, 2004, in Docket No. ER04-302-000. PJM states that copies of this filing were served upon persons designated on the official service list compiled by the Secretary in this proceeding and the parties to the agreements. *Comment Date:* March 9, 2004. 6. Metropolitan Edison Company Pennsylvania Electric Company [Docket No. ER04-372-001] Take notice that on February 12, 2004, Metropolitan Edison Company and Pennsylvania Electric Company (collectively, MetEd/Penelec) tendered for filing a revised Original Sheet No. 1 to its proposed Market-Based Rate Power Sales Tariff (the Tariff), which was submitted on December 31, 2003. MetEd/Penelec also ask that the revised Original Sheet No. 1 be substituted for the one submitted on December 31, 2001, and that the Tariff, as so modified, be permitted to become effective on December 17, 2003. *Comment Date:* March 4, 2004. 7. Arizona Public Service Company [Docket No. ER04-560-000] Take notice that on February 17, 2004, Arizona Public Service Company

(APS)tendered a filing with the Commission a Notice of Cancellation of the transmission service agreement among Arizona Public Service Company, Southern California Edison Company, and United States of America, Bureau of Indian Affairs on Behalf of The Colorado River Indian Irrigation Project. APS states that copies of this filing were supplied to Southern California Edison Company, and United States of America, Bureau of Indian Affairs on Behalf of The Colorado River Indian Irrigation Project, the Arizona Corporation Commission, and the California Public Utilities Commission. *Comment Date:* March 9, 2004. 8. Virginia Electric and Power Company [Docket No. ER04-561-000] Take notice that on February 16, 2004, Virginia Electric and Power Company (Dominion Virginia Power) tendered for filing the following amended service agreements for Sempra Energy Trading Corp under the Company's Open Access Transmission Tariff, FERC Electric Tariff, Second Revised Volume No. 5, to Eligible Purchasers dated June 7, 2000. 1. Eighth Amended Service Agreement for Firm Point-To-Point Transmission Service designated Eighth Revised Service Agreement No. 253 under the Company's FERC Electric Tariff, Second Revised Volume No. 5; 2. Eighth Amended Service Agreement for Non-Firm Point-To-Point Transmission Service designated Eighth Revised Service Agreement No. 49 under the Company's FERC Electric Tariff, Second Revised Volume No. 5; 3. Ninth Amended Service Agreement for Firm Point-To-Point Transmission Service designated Ninth Revised Service Agreement No. 253 under the Company's FERC Electric Tariff, Second Revised Volume No. 5; 4. Ninth Amended Service Agreement for Non-Firm Point-To-Point Transmission Service designated Ninth Revised Service Agreement No. 49 under the Company's FERC Electric Tariff, Second Revised Volume No. 5. Dominion Virginia Power respectfully requests an effective date of January 17, 2003. *Comment Date:* March 9, 2004. 9. Michigan Electric Transmission Company LLC [Docket No. ER04-562-000] Take notice that on February 17, 2004, Michigan Electric Transmission Company LLC

(METC)tendered for filing an Interconnection Facilities Agreement

(IFA)between METC and Wolverine Power Supply Cooperative, Inc. METC requests an effective date of IFA of January 21, 2004. *Comment Date:* March 9, 2004. 10. Southern Company Services, Inc. [Docket No. ER04-563-000] Take notice that on February 17, 2004, Southern Company Services, Inc.,

(SCS)on behalf of Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, and Savannah Electric and Power Company (collectively Southern Companies), submitted for filing one long-term firm transmission service agreement under the Open Access Transmission Tariff of Southern Companies (FERC Electric Tariff, Fourth Revised Volume No. 5) (Tariff) between Calpine Energy Services, LP and Southern Companies. The agreement is designated Service Agreement No. 466 under Southern Companies' Tariff. *Comment Date:* March 9, 2004. 11. Wayne White Counties Electric Cooperative [Docket No. ER04-564-000] Take notice that on February 17, 2004, Wayne-White Counties Electric Cooperative (Wayne-White) tendered for filing two proposed rate changes to its Rate Schedule FERC No. 2, the Operations Agreement Between Wayne-White Counties Electric Cooperative and the City of Fairfield, Illinois (Fairfield). The first change reflects an agreed-upon alteration of the capacity charge billing determinant that was made on January 1, 2001, and which had the effect of reducing charges to Fairfield. The second change is a rate increase with a proposed effective date of January 1, 2004, that would increase revenues from jurisdictional sales and service by $656,786 based on the 12-month period ending December 31, 2003. Wayne-White states that a copy of the filing has been served upon the City of Fairfield. *Comment Date:* March 9, 2004. 12. Southern Company Services, Inc.. [Docket No. ER04-565-000] Take notice that on February 17, 2004, Southern Electric Generating Company (SEGCO), Alabama Power Company (Alabama), and Georgia Power Company (Georgia) tendered for filing with the Commission an Amendment to the Power Contract Between SEGCO, Alabama, and Georgia (FERC Rate Schedule SEGCO No. 1) (Power Contract). The purpose of the Amendment is to revise the Power Contract to specifically address the parties' responsibilities regarding regulated emissions allowances ( *e.g.* , Sulfur Dioxide

(SO2)and Nitrous Oxide (NO <sup>X</sup> ) emissions allowances). *Comment Date:* March 9, 2004. 13. Alabama Electric Marketing, LLC [Docket No. ER04-570-000] Take notice that on January 5, 2004, Alabama Electric Marketing, LLC

(AEM)submitted for filing to the Commission revisions to its Rate Schedule FERC No. 1 including conforming provisions to the Commission's policy on affiliate transactions and reassignment of transmission. *Comment Date:* February 27, 2004. 14. International Transmission Company [Docket No. ES04-14-000] Take notice that on February 13, 2004, International Transmission Company, (International Transmission) tendered for filing an application seeking authority to issue securities in the amount of $50 million, as more fully described in the application. International Transmission has requested an exemption from the Commission's competitive bidding and negotiated placement requirements. International Transmission has further requested the Commission to issue an order no later than March 31, 2004. *Comment Date:* March 5, 2004. 15. Morgan Energy Center, LLC [Docket Nos. QF01-84-001 and EL04-83-000] Take notice that on February 17, 2004, Morgan Energy Center, LLC (Applicant) tendered for filing a petition for limited waiver of the Commission's efficiency standard for a topping-cycle cogeneration facility. *Comment Date:* March 9, 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. E4-422 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12062-001] Symbiotics, LLC; Notice of Surrender of Preliminary Permit February 23, 2004. Take notice that Symbiotics, LLC, permittee for the proposed Sun River Diversion Hydroelectric Project, has requested that its preliminary permit be terminated. The permit was issued on September 28, 2001, and would have expired on August 31, 2004. The proposed project would have been located on an existing federally-owned dam administered by the U.S. Bureau of Reclamation, on the Sun River in Teton County, Montana. The permittee filed the request on February 13, 2004, and the preliminary permit for Project No. 12062 shall remain in effect through the 30th day after issuance of this notice unless that day is a Saturday, Sunday, or holiday as described in 18 CFR 385.2007, in which case the permit shall remain in effect through the first business day following that day. New applications involving this project site, to the extent provided for under 18 CFR part 4, may be filed on the next business day. Magalie R. Salas, Secretary. [FR Doc. E4-421 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2474-004] Oswego River Project; Notice of Settlement Agreement and Soliciting Comments February 24, 2004. Take notice that 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 licensing of the Oswego River Project. b. *Project No.:* P-2474-004. c. *Date filed:* February 19, 2004. d. *Applicant:* Erie Boulevard, L.P. e. *Name of Project:* Oswego River Project. f. *Location:* On the Oswego River in Oswego County, New York. g. *Filed Pursuant to:* Rule 602 of the Commission's rules of practice and procedure, 18 CFR 385.602 h. *Applicant Contact:* Jerry L. Sabattis, Reliant Energy, 225 Greenfield Parkway, Suite 201, Liverpool, New York, 13088,

(315)413-2787. *FERC Contact:* John Costello,

(202)502-6119, *john.costello@ferc.gov* . j. *Deadline for Filing Comments:* 20 days from the issuance date of this notice; reply comments are due 30 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 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. Reliant Energy filed on behalf of Erie Boulevard, L.P.

(Erie)and the Adirondack Mountain Club, Izaak Walton League, New York Rivers United, New York State Conservation Council, New York State Department of Environmental Conservation, Trout Unlimited, U.S. Department of the Interior, Fish and Wildlife Service, and U.S. Department of the Interior, National Park Service a settlement agreement on the resolution of issues related to the licensing proceeding for the Oswego River Project. The settlement includes measures for enhancing aquatic habitat, fish movement and fishing opportunities, riparian vegetation, wetland and wildlife, and recreational access. In addition, the settlement includes an agreement among the parties to modify the terms and conditions of the upstream Oswego Falls Project, No. 5984, license so that it will be compatible with the various protection, mitigation, and enhancement measures pertaining to the Oswego River Project. Erie intents to file an application to amend the license for the Oswego Falls Project within 90 days of the date of the settlement agreement. 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 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://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. E4-424 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2194-020] FPL Energy Maine Hydro LLC; Notice of Application Accepted for Filing a Soliciting Motions To Intervene and Protest February 24, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New major license. b. *Project No.:* P-2194-020. c. *Date Filed:* June 30, 2003. d. *Applicant:* FPL Energy Maine Hydro LLC. e. *Name of Project:* Bar Mills Hydroelectric Project. f. *Location:* On the Saco River, in the Towns of Buxton and Hollis, York County, Maine. The project would use no Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Mr. F. Allen Wiley, Vice President, FPL Energy Maine Hydro LLC, 160 Capitol Street, Augusta, Maine 04330, or call

(207)623-8413. i. *FERC Contact:* Ed Lee, *ed.lee@ferc.gov* or call

(202)502-6082. j. *Deadline for Filing Motions to Intervene and Protest:* 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 and procedure require all intervenors filing Docket No. P-2194-020 documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Motions to intervene and protests and requests may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* CFR 385.200

(iii)and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted, but is not ready for environmental analysis at this time. l. The Bar Mills Hydro Project consists of the following existing facilities:

(1)A 400-foot-long by 25-foot-high dam, with 6.75 foot-high flashboards, and a 90 to 200 foot wide by 725 foot long power canal;

(2)the 5.3 mile long impoundment, which has a surface area of 263 acres at the normal full pond elevation of 148.5 feet above mean sea level;

(3)a powerhouse containing two 2.25 megawatts generating units with total installed generating capacity of 4.5 megawatts (MW); and

(4)appurtenant facilities. The average annual generation is 18,850 MWh. The dam and existing project facilities are owned by the applicant. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit a protest or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application. All filings must

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

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

(3)furnish the name, address, and telephone number of the person protesting or intervening; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. o. *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. The Commission staff proposes to issue one environmental assessment rather than issue a draft and final EA. Comments, terms and conditions, recommendations, prescriptions, and reply comments, if any, will be addressed in the EA. Issue Acceptance Letter—February 2004 Additional Information Due—December 2004 Issue Scoping Document—January 2005 Notice that application is ready for environmental analysis—March 2005 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. Magalie R. Salas, Secretary. [FR Doc. E4-430 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-625-000] Chandeleur Pipe Line Company; Notice of Technical Conference February 24, 2004. Take notice that a technical conference will be held on Thursday, March 4, 2004 at 10 a.m., in a room to be designated at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The purpose of the conference is to address Chandeleur Pipe Line Company's (Chandeleur) Section 4 rate increase filed on September 30, 2003. 1 Chandeleur should be prepared to discuss all relevant cost and throughput issues, as well as its responses to staff's data request dated December 12, 2003. 1 Order Accepting and Suspending Tariff Sheet Su. All parties and staff are permitted to attend. Magalie R. Salas, Secretary. [FR Doc. E4-427 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice February 24, 2004. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of exempt and prohibited off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or prohibited off-the-record communication relevant to the merit's of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with rule 2010, 18 CFR 385.2010. Exempt off-the-record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of prohibited and exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings 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 (FERRIS) 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. Docket No. Date filed Presenter or requester Prohibited 1. Project No. 2342-000 2-19-04 Rodney Parker. 2. Project No. 2342-000 2-19-04 Erika Parker. 3. Project No. 2342-000 2-20-04 Maureen Russell. 4. RP00-469-004, *et al.* 2-19-04 David McCallum. 5. RP00-469-004, *et al.* 2-20-04 David McCallum. Exempt 1. ER04-316-000 2-20-04 Hon. Zoe Lofgren, Hon. Mike Honda, Hon. George Miller, Hon. Cal Dooley, Hon. Ellen Tauscher. 2. ER04-316-000 2-20-04 Hon. John Doolittle. 3. Project Nos. 2576-022 and 2597-019 2-23-04 Hon. Nancy L. Johnson. Magalie R. Salas, Secretary. [FR Doc. E4-425 Filed 2-27-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OECA-2003-0035; FRL-7628-1] Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Pharmaceuticals Production, EPA ICR Number 1781.03, OMB Control Number 2060-0358 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act, this document announces that an Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on February 29, 2004. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before March 31, 2004. ADDRESSES: Submit your comments, referencing docket ID number OECA-2003-0035, to

(1)EPA online using EDOCKET (our preferred method), by e-mail to *docket.oeca@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Enforcement and Compliance Docket and Information Center (ECDIC), Mail Code 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)564-4113; fax number:

(202)564-0050; e-mail address: *williams.learia@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On May 19, 2003 (68 FR 27059), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID Number OECA-2003-0035, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is:

(202)566-1752. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov/edocket.* *Title:* NESHAP for Pharmaceuticals Production (40 CFR part 63, subpart GGG), OMB Control Number 2060-0358, EPA ICR Number 1781.03. *Abstract:* The National Emission Standards for Hazardous Air Pollutants (NESHAP), were proposed on April 2, 1997 and promulgated on September 21, 1998. These standards apply to the facilities in Pharmaceuticals Production that are major sources of hazardous air pollutants (HAP). The affected facility includes all pharmaceutical manufacturing operations, which includes process vents, storage tanks, equipment components, and wastewater systems commencing construction or reconstruction after the date of the proposal. In general, all NESHAP requires initial notifications, performance tests, and periodic reports. Owners or operators are required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and in general, are required of all sources subject to NESHAP. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, and that the standard is being met. Any owner or operator subject to the provisions of this part will maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. Performance tests reports are needed as they are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. Any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information are estimated to average 250 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; to adjust the existing ways to comply with any previously applicable instructions and requirements; to train personnel to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information. *Respondents/Affected Entities:* Pharmaceuticals Production Plants. *Estimated Number of Respondents:* 101. *Frequency of Response:* Quarterly, semiannually and on occasion. *Estimated Total Annual Hour Burden:* 158,179 hours. *Estimated Total Annual Costs:* $10,015,020 which includes $4,400 annualized capital/startup costs, $4,158 annual O&M costs and $10,006,462 Labor costs for Respondents. *Changes in the Estimates:* There is a decrease of 3,147 hours in the total estimated hour burden currently identified in the OMB Inventory of Approved ICR Burdens. The decrease in hour burden from the most recently approved ICR is due to a decrease in the number of sources. Our data indicates that there are approximately 101 sources, including one new source due to reconstruction. Dated: February 19, 2004. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 04-4466 Filed 2-27-04; 8:45 am]

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