Notices. Notice of availability; opening of public comment period

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BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-67-000] Algonquin Gas Transmission Company; Notice of Application March 5, 2004. Take notice that on February 26, 2004, Algonquin Gas Transmission Company (Algonquin), 5400 Westheimer Court, Houston, Texas 77056-5310, filed in Docket No. CP04-67-000 an application pursuant to section 7(c) of the Natural Gas Act

(NGA)and Part 157 of the Commission's regulations for authorization to install, own, operate, and maintain certain facilities at its existing Burrillville Compressor Station in Providence County, Rhode Island and at certain existing meter and valve stations in Tolland, Hartford, and New London Counties, Connecticut, Barnstable and Bristol Counties, Massachusetts, and Newport County, Rhode Island, at an estimated cost of $11,514,000. Algonquin requests issuance of a final certificate by May 26, 2004. Algonquin states that the modifications to its system will create 60,000 Dth/d of additional capacity for the transportation of vaporized liquefied natural gas

(LNG)volumes received from the LNG import terminal of Distrigas of Massachusetts, LLC in Everett, Massachusetts, all as more fully set forth in the application which is on file with the Commission and open to public inspection. 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 “e-Library” 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. Any questions concerning this application may be directed to Steven E. Tillman, General Manager, Regulatory Affairs, Algonquin Gas Transmission Company, P.O. Box 1642, Houston, Texas 77251-1642, or phone

(713)627-5113, or fax

(713)627-5947 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 the comment date shown below, 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. 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. *Comment Date:* March 19, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-538 Filed 03-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-332-008] ANR Pipeline Company; Notice of Compliance Filing March 4, 2004. Take notice that on March 2, 2004, ANR Pipeline Company

(ANR)tendered for filing as part of in FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, with an effective date of October 1, 2003: Fifth Revised Sheet 108A Second Revised Sheet 108B Fourth Revised Sheet No. 108C Fifth Revised Sheet No. 160 Fifth Revised Sheet No. 160A ANR states that it is tendering the revised tariff sheets to incorporate changes that were inadvertently left out of ANR's 637 proceeding. In particular, ANR states that it is adding sheets to incorporate additional nomination opportunities as agreed to in ANR's 637 settlement. 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

(ANR)tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets to be effective April 1, 2004: Twentieth Revised Sheet No. 19 Tenth Revised Sheet No. 68H ANR states that the above-referenced tariff sheets are being filed to comply with the annual re-determination of the levels of “Transporter's Fuel Use (%)”, as required by ANR's currently effective tariff. 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

(ANR)tendered for filing and approval, three negotiated rate service agreements between ANR and Noble Energy, Inc., the respective negotiated rate letter agreements, and a related Lease Dedication Agreement, along with related amendments to negotiated rate service agreements with Chevron U.S.A. Inc. and BHP Billiton Petroleum (Deepwater) Inc. ANR requests that the Commission accept and approve the subject negotiated rate agreements and related amendments to be effective March 2, 2004. 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

(ANR)tendered for filing a negotiated rate service agreement with Madison Gas and Electric Company. ANR respectfully requests that the Commission accept this agreement effective November 1, 2002. 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

(ANR)tendered for filing an amendment to a service agreement between ANR and Wisconsin Public Service Corporation that reduces the MDQ under the agreement. ANR respectfully requests that the Commission accept this agreement effective April 1, 2004. 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. E4-537 Filed 03-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-194-000] Colorado Interstate Gas Company; Notice of Proposed Changes in FERC Gas Filing March 4, 2004. Take notice that on March 1, 2004, Colorado Interstate Gas Company

(CIG)tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Thirty-First Revised Sheet No. 11A, with an effective date of April 1, 2004. CIG states the tariff sheet is being filed to revise the Fuel Reimbursement Percentages applicable to Lost, Unaccounted-for and Other Fuel Gas. 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. E4-523 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-195-000] Columbia Gas Transmission Corporation; Notice of Proposed Changes in FERC Gas Tariff March 4, 2004. Take notice that on March 1, 2004, Columbia Gas Transmission Corporation (Columbia) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following revised tariff sheets with a proposed effective date of April 1, 2004: Sixty-ninth Revised Sheet No. 25 Sixty-ninth Revised Sheet No. 26 Sixty-ninth Revised Sheet No. 27 Fifty-eighth Revised Sheet No. 28 Nineteenth Revised Sheet No. 31 Columbia states that these revised tariff sheets are filed pursuant to section 45, Electric Power Costs Adjustment (EPCA), of the General Terms and Conditions of Columbia's Tariff. Columbia states that section 45.1 allows Columbia to recover electric power costs, including carrying charges, incurred for compression of natural gas by means of various Transportation EPCA Rates and an LNG EPCA Rate, each of which shall be comprised of a Current EPCA Rate and an EPCA Surcharge. Columbia states that copies of its filing have been mailed to all firm customers, interruptible customers, and affected State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-524 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-198-000] Columbia Gas Transmission Corporation; Notice of Proposed Changes in FERC Gas Tariff March 4, 2004. Take notice that on March 1, 2004, Columbia Gas Transmission Corporation (Columbia) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets with a proposed effective date of April 1, 2004: Sixty-eighth Revised Sheet No. 25 Sixty-eighth Revised Sheet No. 26 Sixty-eighth Revised Sheet No. 27 Fifty-seventh Revised Sheet No. 28 Columbia states that copies of its filing have been mailed to all firm customers, interruptible customers, and affected State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(GTC)of its Tariff. Columbia notes that Fourteenth Revised Sheet No. 44 sets forth the retainage factors applicable to Columbia's transportation, storage and gathering services, as revised by this filing. Columbia states that copies of its filing have been mailed to all firm customers, interruptible customers, and affected State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(GTC)of its Tariff. Columbia Gulf states that copies of its filing have been mailed to all firm customers, interruptible customers, and affected State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-525 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-197-000] Dominion Cove Point LNG, LP; Notice Of Proposed Changes In Ferc Gas Tariff March 5, 2004. Take notice that on March 1, 2004, Dominion Cove Point LNG, LP (Cove Point) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, with a proposed effective date of April 1, 2004: Fourth Revised Sheet No. 10 Fourth Revised Sheet No. 205 Cove Point states that the purpose of this filing is to revise the applicable retainage percentages for service provided and clarify its tariff regarding the timing of future filings to revise retainage percentages. 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

(DTI)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets, with an effective date of April 1, 2004: First Revised Sheet No. 151 Second Revised Sheet No. 201 DTI states that the purpose of this filing is to clarify that DTI may agree to differing levels in a customer's Maximum Daily Transportation Quantity throughout the contract year for service under its Rate Schedules FT and FTNN provided it does so on a not unduly discriminatory basis. 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. E4-531 Filed 03-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP00-469-008, RP01-22-010, and RP03-177-005] East Tennessee Natural Gas Company; Notice of Compliance Filing March 4, 2004. Take notice that on March 2, 2004, East Tennessee Natural Gas Company (East Tennessee) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets:

(i)Second Sub Fifth Revised Sheet No. 52C and Second Sub Ninth Revised Sheet No. 176, each with an effective date of September 1, 2003, and

(ii)Second Sub Eighth Revised Sheet No. 9, Second Sub Fourth Revised Sheet No. 129B, and Second Sub Fourth Revised Sheet No. 130, each with an effective date of November 3, 2003. East Tennessee states that the purpose of this filing is to comply with the Commission's February 18, 2004 “Order on Rehearing and Compliance Filings” issued in East Tennessee's Order No. 637 proceeding in the captioned dockets. East Tennessee states that copies of its filing have been served on all affected customers and interested State commissions, as well as to all parties on the official service lists compiled by the Secretary of the Commission in these proceedings. 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. *Protest Date:* March 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-513 Filed 3-10-04;8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-199-001] Enbridge Pipelines (AlaTenn) LLC; Notice of Compliance Filing March 4, 2004. Take notice that on August 6, 2003, Enbridge Pipelines (AlaTenn) LLC (AlaTenn) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, the following tariff sheets, with an effective date of August 1, 2003: First Revised Sheet No. 28A Substitute First Revised Sheet No. 113 Second Revised Sheet No. 118 AlaTenn states that the purpose of the filing is to comply with the Commission's Order issued on July 23, 2003, in the above referenced docket. 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” (FERRIS) 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:* March 11, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-518 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-203-000] Equitrans, L.P.; Notice of Tariff Filing March 4, 2004. Take notice that on March 1, 2004, Equitrans, L.P. (Equitrans) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, revised tariff sheets listed in Appendix A to the filing, proposed to become effective on April 1, 2004. 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

(1)A certificate of public convenience and necessity to construct, own, and operate a single-use natural gas pipeline facility, the Coden Onshore Pipeline, to transport natural gas from the offshore Main Pass Energy Hub TM (MPEH TM ) deepwater liquefied natural gas

(LNG)port to interconnections with interstate natural gas pipelines near Coden, Mobile County, Alabama; and

(2)a blanket certificate of public convenience and necessity in Docket No. CP04-69-000 under Subpart F of Part 157. The application is on file with the Commission and open to public inspection. The 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)208-3767 or TYY,

(202)502-8659. FME proposes to construct, own, and operate the Coden Onshore Pipeline, a 5.1-mile, 36-inch, single-use pipeline with a capacity of 1.5 billion cubic feet per day (Bcf/D). FME states that the sole purpose of these pipeline facilities would be to transport natural gas owned by FME from FME's proposed MPEH TM offshore deepwater port for the importation and vaporization of LNG, and processing, storage and transportation of natural gas and natural gas liquids, which would be located off the Louisiana coast. FME states that it will operate the MPEH TM as a proprietary deepwater LNG port pursuant to the Deepwater Port Act of 1974. FME also states that it filed an application to construct and operate the offshore portions of the MPEH TM project with the U.S. Coast Guard on February 27, 2004. FME asserts that, inasmuch as it plans to use the proposed Coden Onshore Pipeline solely to deliver natural gas owned by FME on a proprietary basis, it requests waiver of the open access requirements of part 284 of the Commission's regulations, including, but not limited to, cost, accounting, and reporting requirements. Any questions regarding this application should be directed to David Landry, Vice President—General Manager, Main Pass Energy Hub TM , Freeport-McMoRan Energy LLC, 1615 Poydras Street, New Orleans, Louisiana 70112, phone

(504)582-4880, or, in the alternative, David Hunter, Jones Walker LLP, 201 St. Charles Avenue, New Orleans, Louisiana 70170, phone

(504)582-8366. 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 25, 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. 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. 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. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)

(iii)and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* March 25, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-534 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-518-056] Gas Transmission Northwest Corporation; Notice of Negotiated Rates March 4, 2004. Take notice that on February 27, 2004, Gas Transmission Northwest Corporation

(GTN)tendered for filing to be part of its FERC Gas Tariff, Third Revised Volume No. 1-A, Sixth Revised Sheet No. 15. GTN states that this sheet is being filed to reflect the continuation of a negotiated rate agreement pursuant to evergreen provisions contained in the agreement. GTN requests that the Commission accept the proposed tariff sheet to become effective March 1, 2004. GTN further states that a copy of this filing has been served on GTN's jurisdictional customers and interested 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

(B)of the Commission's Order issued in the above-referenced docket on January 30, 2004. Iroquois states that Mr. Johnston's supplemental testimony addresses each of the provisions of 18 CFR 154.202 as they relate to Iroquois' rate proposal, and particularly the rates for secondary access to the Eastchester expansion. Iroquois states that Mr. Rupff's supplemental testimony addresses issues related to priority of service, applicable tariff provisions for Eastchester secondary access service, and the revenue impacts of such service. 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

(ATPL)service option under Rate Schedule PAL. Northern Border states that copies of this filing have been sent to all of Northern Border's contracted shippers 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. E4-530 Filed 03-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-205-000] Northern Border Pipeline Company; Notice of Proposed Changes in FERC Gas Tariff March 5, 2004. Take notice that on March 2, 2004, Northern Border Pipeline Company (Northern Border) tendered for filing to become part of Northern Border's FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets to become effective April 1, 2004: Seventh Revised Sheet No. 1 Sixth Revised Sheet No. 212 Third Revised Sheet No. 98 Original Sheet No. 193 Tenth Revised Sheet No. 213 Original Sheet No. 194 Original Sheet No. 195 Fourth Revised Sheet No. 218 Original Sheet No. 196 Original Sheet No. 197 Original Sheet No. 469 Original Sheet No. 198 Third Revised Sheet No. 204 Original Sheet No. 470 Original Sheet No. 204A Original Sheet No. 471 Original Sheet No. 472 Original Sheet No. 473 Sheet Nos. 474-499 Northern Border states that it is filing revised tariff sheets for the purpose of establishing a new Rate Schedule, referred to as Rate Schedule TPB. Northern Border also states that this rate schedule is designed to provide a Third Party Balancing Service to fulfill a need on Northern Border's system to assist customers in accessing balancing services to meet variable load requirements. Northern Border states that copies of this filing have been sent to all of Northern Border's contracted shippers 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. E4-545 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-152-003] Northern Natural Gas Company; Notice of Compliance Filing March 4, 2004. Take notice that on January 7, 2004, Northern Natural Gas Company (Northern), tendered for filing to become part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheet: Seventh Revised Sheet No. 303 Northern states that the revised tariff sheet is being filed to comply with the Commission's December 18, 2003, Order on Remand in this docket approving Northern's filing to include indexed-based rates that are capped by Northern's maximum tariff rates, as a permissible type of discounted rate. Northern further states that copies of the filing have been mailed to each of its 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 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 e-Filing link. *Protest Date:* March 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-514 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-192-000] Panhandle Eastern Pipe Line Company, LLC; Notice of Tariff Filing March 4, 2004. Take notice that on March 1, 2004, Panhandle Eastern Pipe Line Company, LLC (Panhandle) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the tariff sheets listed on Appendix A attached to the filing to become effective April 1, 2004. Panhandle states that this filing is made in accordance with section 24 (Fuel Reimbursement Adjustment) of the General Terms and Conditions in Panhandle's FERC Gas Tariff, Second Revised Volume No. 1. Panhandle 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. E4-521 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-190-000] Southwest Gas Storage Company; Notice of Proposed Changes in FERC Gas Tariff March 4, 2004. Take notice that on March 1, 2004, Southwest Gas Storage Company (Southwest) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Tenth Revised Sheet No. 5, proposed to become effective April 1, 2004. Southwest states that this filing is made in accordance with section 16 (Fuel Reimbursement Adjustment) of the General Terms and Conditions in Southwest's FERC Gas Tariff, First Revised Volume No. 1. Southwest further states 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. E4-519 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-191-000] Transcontinental Gas Pipe Line Corporation; Notice of Tariff Filing March 4, 2004. Take notice that on March 1, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the tariff sheets listed in Appendix A attached to the filing. The proposed effective date of the revised sheets is April 1, 2004. Transco states that the purpose of the instant filing is to recalculate its fuel retention percentages applicable to transportation and storage rate schedules pursuant to section 38 of the General Terms and Conditions of Transco's FERC Gas Tariff. Transco states that Appendix B attached to the filing contains workpapers supporting the derivation of the revised fuel retention percentages. Transco states that copies of the filing are being mailed to affected customers and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(TEP)rates at least 30 days prior to each TEP Annual Period beginning April 1. Transco states that Attached in Appendix B to the filing are workpapers supporting the derivation of the revised TEP rates reflected on the tariff sheets included therein. Transco states that it is serving copies of the instant filing to its affected customers, interested state commissions and other interested parties. 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. E4-543 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-193-000] Trunkline Gas Company, LLC; Notice of Proposed Changes in FERC Gas Tariff March 4, 2004. Take notice that on March 1, 2004, Trunkline Gas Company, LLC (Trunkline) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the tariff sheets listed in Appendix A attached to the filing, to become effective April 1, 2004. Trunkline states that this filing is being made in accordance with section 22 (Fuel Reimbursement Adjustment) of Trunkline's FERC Gas Tariff, Third Revised Volume No. 1. Trunkline states that copies of this filing are being served on all affected shippers and interested 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. E4-522 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-199-000] Williston Basin Interstate Pipeline Company; Notice of Fuel and Electric Power Reimbursement Filing March 4, 2004. Take notice that on March 1, 2004, Williston Basin Interstate Pipeline Company (Williston Basin), tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1 and Original Volume No. 2, the following revised tariff sheets to become effective April 1, 2004. Second Revised Volume No. 1 Fifty-fourth Revised Sheet No. 15 Thirtieth Revised Sheet No. 15A Fifty-fourth Revised Sheet No. 16 Thirtieth Revised Sheet No. 16A Fifty-second Revised Sheet No. 18 Thirtieth Revised Sheet No. 18A Thirtieth Revised Sheet No. 19 Thirtieth Revised Sheet No. 20 Original Volume No. 2 Ninety-eighth Revised Sheet No. 11B Williston Basin states that the revised tariff sheets reflect revisions to the Company's fuel reimbursement percentages for gathering, storage and transportation services, and to the Company's electric power reimbursement rates for storage and transportation services, pursuant to Williston Basin's Fuel and Electric Power Reimbursement Adjustment Provision contained in section 38 of the General Terms and Conditions of its FERC Gas Tariff, Second Revised Volume No. 1. 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

(LEC)filed an Application for Determination of Exempt Wholesale Generator Status pursuant to section 32(a)(1) of the Public Utility Holding Company Act of 1935, all as more fully explained in the Application. *Comment Date:* March 24, 2004. 3. Pepco Energy Services, Inc., Potomac Power Resources, LLC [Docket Nos. ER98-3096-008 and ER01-202-001] Take notice that on March 1, 2004, Pepco Energy Services, Inc. and Potomac Power Resources, LLC submitted for filing a triennial market power update pursuant to the Commission orders issued granting them market-based rate authorizations issued July 16, 1998 in Docket No. ER98-3096-000 and December 13, 2000 in Docket No. ER01-202-000. *Comment Date:* March 22, 2004. 4. North Central Missouri Electric Cooperative, Inc. [Docket No. ER02-2001-000] Take notice that on February 17, 2004, North Central Missouri Electric Cooperative, Inc. filed a Request for Waiver of Order No. 2001 Electric Quarterly Report Requirements. *Comment Date:* March 24, 2004. 5. PJM Interconnection, L.L.C. [Docket No. ER03-406-005] Take notice that on March 1, 2004, PJM Interconnection, L.L.C.

(PJM)submitted for filing a revision to its February 27, 2004 compliance filing in Docket No. ER03-406-004. PJM states that it has served a copy of this filing upon all PJM members, the utility regulatory commissions in the PJM region, and all persons on the Commission's service list in this proceeding. *Comment Date:* March 22, 2004. 6. Devon Power LLC, et al. [Docket No. ER03-563-030] Take notice that on March 1, 2004, ISO New England Inc. (ISO), submitted a compliance filing reflecting a comprehensive locational capacity proposal for New England pursuant to the Commission's Order issued April 25, 2003, 103 FERC ¶61,082 at P 37. ISO states that copies of the compliance filing have been served on all parties to the above-captioned proceeding, as well as the Governors and utility regulators of New England, and the New England transmission customers that are not Participants in the New England Power Pool. In addition, ISO states that each of the NEPOOL Participants Committee Members is being served with an electronic copy of the compliance filing. *Comment Date:* March 22, 2004. 7. Midwest Independent Transmission System Operator, Inc. [Docket No. ER03-1312-003] Take notice that on March 1, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing Schedule 20 (Treatment of Station Power) of its Open Access Transmission Tariff, FERC Electric Tariff, Second Revised Volume No. 1, in compliance with the Commission's Order, Midwest Independent Transmission System Operator, Inc., 106 FERC ¶ 61,073 (2004). Midwest ISO states that it has electronically served a copy of this filing, with attachments, upon all Midwest ISO Members, Member representatives of Transmission Owners and Non-Transmission Owners, the Midwest ISO Advisory Committee participants, as well as all state commissions within the region. In addition, Midwest states that the filing has been posted on the Midwest ISO's website and will provide hard copies upon request. *Comment Date:* March 19, 2004. 8. Pacific Gas and Electric Company [Docket No. ER04-337-003] Take notice that on March 1, 2004, Pacific Gas and Electric Company (PG&E) made an additional filing related to its Annual Balancing Account Update Filing, in Docket No. ER04-337-000. PG&E states that copies of this filing have been served upon the California Independent System Operator Corporation (ISO), Scheduling Coordinators registered with the ISO, Southern California Edison Company, San Diego Gas & Electric Company, the California Public Utilities Commission and other parties to the official service lists in this docket and recent TO Tariff rate cases, FERC Docket Nos. ER01-1639-000, ER03-409-000 and ER04-109-000. *Comment Date:* March 22, 2004. 9. New England Power Pool [Docket No. ER04-601-000] Take notice that on March 1, 2004, the New England Power Pool (NEPOOL) Participants Committee filed for acceptance materials to

(1)permit NEPOOL to expand its membership to include Linde Gas LLC (Linde Gas) and Ridgewood Maine Hydro Partners, L.P. (Ridgewood Maine); and

(2)to terminate the memberships of Indeck-Pepperell Power Associates, Inc. (Indeck-Pepperell) and RWE Trading Americas, Inc. (RWE Trading). The Participants Committee requests the following effective dates: February 1, 2004 for the termination of Indeck-Pepperell and RWE Trading; March 1, 2004 for the commencement of participation in NEPOOL by Ridgewood Maine; and May 1, 2004 for commencement of participation in NEPOOL by Linde Gas. The Participants Committee states that copies of these materials were sent to the New England state governors and regulatory commissions and the Participants in NEPOOL. *Comment Date:* March 22, 2004. 10. PPL Electric Utilities Corporation [Docket No. ER04-602-000] Take notice that on March 1, 2004, PPL Electric Utilities Corporation (PPL Electric) filed a notice of termination of 30 Power Supply Agreements between it and various Pennsylvania Boroughs. PPL Electric states that the Power Supply Agreements terminated by their own terms on February 1, 2004. PPL Electric states that it has served a copy of the notice of termination of on each of the customers named in the agreements. *Comment Date:* March 22, 2004. 11. American Electric Power Service Corporation [Docket No. ER04-603-000] Take notice that on March 1, 2004, American Electric Power Service Corporation,

(AEP)as agent for the Operating Companies of the American Electric Power System (collectively AEP) tendered for filing with the Commission an Agreement on Operating and Business Practices to Implement Generation Transfer Pathway between AEP and PJM Interconnection, LLC (PJM). AEP requests an effective date when PJM notifies AEP, at least 30 days prior to the date that the integration of Commonwealth Edison Company (ComEd) into PJM's economic dispatch will commence. AEP states that a copy of the filing was served upon AEP's transmission service customers, PJM, ComEd and the state regulatory commissions exercising jurisdiction over affected AEP Companies. *Comment Date:* March 22, 2004. 12. Portland General Electric Company [Docket No. ER04-604-000] Take notice that on March 1, 2004, Portland General Electric Company

(PGE)tendered for filing revised tariff sheets to PGE's FERC Electric Tariff, Original Volume No. 12. PGE states that the revisions are intended to bring PGE's Form of Umbrella Service Agreement into conformance with current business practices. PGE states that a copy of the filing was served upon the Oregon Public Utility Commission. *Comment Date:* March 22, 2004. 13. Ameren Services Company [Docket No. ER04-605-000] Take notice that on March 1, 2004, Ameren Services Company

(ASC)tendered for filing an executed Network Integration Transmission Service and Network Operating Agreement between ASC and Clay Electric Cooperative, Inc. ASC states that the purpose of the Agreements is to permit ASC to provide transmission service to Clay Electric Cooperative, Inc., pursuant to Ameren's Open Access Transmission Tariff. *Comment Date:* March 22, 2004. 14. Wisconsin Electric Power Company [Docket No. ER04-607-000] Take notice that on March 1, 2004, Wisconsin Electric Power Company (Wisconsin Electric), on behalf of the Wisconsin Energy Corporation Operating Companies (WEC Operating Companies), tendered for filing revisions to the WEC Operating Companies Joint Ancillary Services Tariff, FERC Electric Tariff, Original Volume No. 2, wherein the WEC Operating Companies propose to implement a Generator Imbalance Service and make conforming changes to its Joint Ancillary Services Tariff. WEC Operating Companies request an effective date of April 1, 2004. *Comment Date:* March 22, 2004. 15. PJM Interconnection, L.L.C. [Docket No. ER04-608-000] Take notice that on March 1, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing revisions to the PJM Open Access Transmission Tariff, the Amended and Restated Operating Agreement of PJM Interconnection, L.L.C., the Reliability Assurance Agreement Among Load Serving Entities In The MAAC Control Zone, and the PJM West Reliability Assurance Agreement Among Load Serving Entities In The PJM West Region to implement market rules for behind the meter generation. PJM requests an effective date of June 1, 2004 for the amendments. PJM states that copies of this filing have been served on all PJM members, and each state electric utility regulatory commission in the PJM region. *Comment Date:* March 22, 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. E4-535 Filed 03-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER03-343-004, et al.] ITC Holdings Corp., et al.; Electric Rate and Corporate Filings March 3, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. ITC Holdings Corp., et al.; The Detroit Edison Company [Docket Nos. ER03-343-004; ER03-576-002] Take notice that on February 27, 2004, The Detroit Edison Company (Detroit Edison) tendered for filing with the Commission a letter agreement and accompanying schedule (collectively, the Letter Agreement) between Detroit Edison and International Transmission Company

(ITC)which seeks to extend on a limited basis the Service Level Agreement (C&M Service Agreement)—Construction and Maintenance/ Engineering/System Operations, dated February 28, 2003. Detroit Edison states that it has entered into the Letter Agreement in order to ensure that ITC will continue to have the necessary staff and resources to reliably operate its jurisdictional transmission facilities located in southeastern Michigan until such time that it completes its transition to full operational independence. *Comment Date:* March 19, 2004. 2. PJM Interconnection, L.L.C. [Docket No. ER03-406-004] Take notice that on February 27, 2003, PJM Interconnection, L.L.C.

(PJM)submitted revisions to the PJM Open Access Transmission Tariff and the Amended and Restated Operating Agreement of PJM Interconnection, L.L.C. to address credit requirements for conversion of auction revenue rights to financial transmission rights (FTRs), and the initial allocation of FTRs in new zones. PJM states that it proposes an effective date of February 28, 2004 for the proposed revisions. PJM states that copies of the filing were served on all PJM members, the utility regulatory commissions in the PJM region, and all persons on the Commission's service list for this proceeding. *Comment Date:* March 19, 2004. 3. American Home Energy Corporation [Docket No. ER04-590-000] Take notice that on February 27, 2004 American Home Energy Corporation, tendered for filing a Notice of Cancellation of their market-based rate authority in Docket No. ER98-1903-000 to be effective immediately. *Comment Date:* March 19, 2004. 4. Southern Company Services, Inc. [Docket No. ER04-591-000] Take notice that on February 27, 2004, Southern Company Services, Inc. (SCS), on behalf of Alabama Power Company, Georgia Power Company, Mississippi Power Company, Gulf Power Company and Savannah Electric and Power Company, tendered for filing amendments to unit power sales agreements with Florida Power and Light Company, Florida Power Corporation and Jacksonville Electric Authority. *Comment Date:* March 19, 2004. 5. Ocean State Power II [Docket No. ER04-592-000] Take notice that on February 27, 2004, Ocean State Power II (Ocean State II) tendered for filing revised pages to Rate Schedule FERC Nos. 5-8, which update Ocean State II's rate of return on equity with respect to such rate schedules. Ocean State II requests an effective date for the rate schedule changes of April 27, 2004. Ocean State II states that copies of the Supplements have been served upon, Ocean State II's power purchasers, the Commonwealth of Massachusetts Department of Telecommunications and Energy, and the Rhode Island Public Utilities Commission. *Comment Date:* March 19, 2004. 6. Ocean State Power [Docket No. ER04-593-000] Take notice that on February 27, 2004, Ocean State Power (Ocean State) tendered for filing revised pages to Rate Schedule FERC Nos. 1-4, which update Ocean State's rate of return on equity with respect to such rate schedules. Ocean State requests an effective date for the rate schedule changes of April 27, 2004. Ocean state states that copies of the Supplements have been served upon, Ocean State's power purchasers, the Commonwealth of Massachusetts Department of Telecommunications and Energy, and the Rhode Island Public Utilities Commission. *Comment Date:* March 19, 2004. 7. Commonwealth Edison Company [Docket No. ER04-594-000] Take notice that on February 27, 2004, Commonwealth Edison Company (ComEd) submitted for filing five unexecuted Service Agreements entered into between ComEd and Edison Mission Marketing & Trading Inc.

(EMMT)under ComEd's Open Access Transmission Tariff. ComEd requests an effective date of April 1, 2004 for all of the Service Agreements. ComEd states that copies of the filing were served upon EMMT and the Illinois Commerce Commission. *Comment Date:* March 19, 2004. 8. Commonwealth Edison Company [Docket No. ER04-595-000] Take notice that on February 27, 2004 Commonwealth Edison Company (ComEd) submitted for filing an unexecuted Amended Interconnection Agreement

(IA)between ComEd and Cordova Energy Company LLC (Cordova) designated as FERC Electric Tariff, Second Revised Volume No. 5, Original Service Agreement No. 764. In addition, ComEd submitted for filing a Notice of Cancellation of FERC Rate Schedule No. 54. *Comment Date:* March 19, 2004. 9. Commonwealth Edison Company [Docket No. ER04-96-000] Take notice that on February 27, 2004 Commonwealth Edison Company (ComEd) submitted for filing an unexecuted Amended Interconnection Agreement

(IA)between ComEd and Allegheny Energy Supply Lincoln Generating Facility, LLC (previously Des Plaines Green Land Development, LLC) (Allegheny) designated as FERC Electric Tariff, Second Revised Volume No. 5, Original Service Agreement No. 765. In addition, ComEd submitted for filing a notice of cancellation of FERC Rate Schedule No. 55. *Comment Date:* March 19, 2004. 10. Commonwealth Edison Company [Docket No. ER04-597-000] Take notice that on February 27, 2004, Commonwealth Edison Company (ComEd) submitted for filing an unexecuted Amended Interconnection Agreement between ComEd and LSP-Kendall Energy, LLC (LSP-Kendall) designated as FERC Electric Tariff, Second Revised Volume No. 5, Original Service Agreement No. 762. In addition, ComEd submitted for filing a notice of cancellation of FERC Rate Schedule No. 52. *Comment Date:* March 19, 2004. 11. PJM Interconnection, L.L.C. [Docket No. ER04-598-000] Take notice that on February 27, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing revisions to Schedule 6A (Black Start Service) of the PJM Open Access Transmission Tariff to permit more flexibility in the recovery of fixed costs associated with providing black start service. PJM requests an effective date of April 28, 2004 for the amendment. PJM states that copies of this filing have been served on all PJM members, and each state electric utility regulatory commission in the PJM region. *Comment Date:* March 19, 2004. 12. Commonwealth Edison Company [Docket No. ER04-599-000] Take notice that on February 27, 2004, Commonwealth Edison Company (ComEd) submitted for filing an executed Amended Interconnection Agreement

(IA)between ComEd and Elwood Energy LLC (Elwood) designated as FERC Electric Tariff, Second Revised Volume No. 5, Original Service Agreement No. 763. In addition, ComEd submitted for filing a notice of cancellation of FERC Rate Schedule No. 47. *Comment Date:* March 19, 2004. 13. Carolina Power & Light Company [Docket No. ER04-600-000] Take notice that on February 27, 2004, Progress Energy, Inc. (Progress Energy) on behalf of its subsidiary Carolina Power & Light Company (CP&L) d/b/a Progress Energy Carolinas, Inc., tendered for filing a Service Agreement for Network Integration Transmission Service and a Network Operating Agreement with French Broad Electric Membership Corporation. CP&L is requesting an effective date of February 1, 2004. Progress Energy states that a copy of the filing was served upon the North Carolina Utilities Commission and the South Carolina Public Service Commission. *Comment Date:* March 19, 2004. 14. Commonwealth Edison Company [Docket No. ER04-606-000] Take notice that on February 27, 2004, Commonwealth Edison Company (ComEd) tendered for filing with the Federal Energy Regulatory Commission (Commission) amendments to Interconnection Agreements entered into between ComEd and Midwest Generation, LLC (MWGen) designated as FERC Electric Tariff, Second Revised Volume No. 5, Original Service Agreements 749 through 761. In addition, ComEd submitted for filing a Notice of Cancellation of FERC Rate Schedule Nos. 49, 50 and 51. ComEd requests an April 27, 2004 effective date for the Service Agreements and cancellation of the Rate Schedules. ComEd states that copies of the filing were served on MWGen and the Illinois Commerce Commission. *Comment Date:* March 19, 2004. 15. Douglas R. Oberhelman [Docket No. ID-3998-000] Take notice that on February 17, 2004, Douglas R. Oberhelman (Applicant) filed, pursuant to the provisions of Section 305(b) of the Federal Power Act 16 U.S.C. 825d(b), and Part 45 of the Regulations of the Federal Energy Regulatory Commission, under, 18 CFR part 45, for authorization to hold interlocking positions. *Comment Date:* March 17, 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. E4-536 Filed 3-10-04; 8:45 a.m.] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-13-000] Saltville Gas Storage Company, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Saltville Storage Project March 5, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)on the natural gas pipeline facilities proposed by Saltville Gas Storage Company, L.L.C. (Saltville) in the above-referenced docket. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major Federal action significantly affecting the quality of the human environment. Saltville is currently developing a new 8.2 billion cubic foot, underground natural gas storage facility using existing salt caverns that were previously authorized for construction and operation by the Virginia State Corporation Commission in Smyth and Washington Counties, Virginia. Saltville has received all necessary state regulatory approvals to construct and operate the storage facility. *See* Appendix 1 for a list of the facilities and their construction status. The EA focuses its analysis on the facilities that still need to be constructed, on restoration of the areas previously disturbed or currently being disturbed by on-going construction activities, and on the operation of the existing facilities. The purpose of the proposed storage field would be to provide about 8.2 billion cubic feet of working gas capacity with an estimated maximum withdrawal rate of 550,000 thousand cubic feet per day

(Mcfd)of gas and an estimated maximum injection rate of 220,000 Mcfd. The storage field is interconnected with the transmission systems of Virginia Gas Pipeline Company, an intrastate company, and East Tennessee Natural Gas Company, an interstate company. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)502-8371. Copies of the EA have been mailed to Federal, State and local agencies, and stakeholders that responded to our December 15, 2003, Notice of Intent to prepare an Environmental Assessment for the Proposed Saltville Storage Project and Request for Comments on Environmental Issues, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of the Gas Branch 2, PJ11.2. • Reference Docket No. CP04-13-000; and • Mail your comments so that they will be received in Washington, DC on or before April 5, 2004. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created by clicking on “Sign-up.” Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC (1-866-208-3372) or on the FERC Internet Web site ( *www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance with eLibrary, the eLibrary helpline can be reached at 1-866-208-3676, TTY

(202)502-8659 or at *FERCOnlineSupport@ferc.gov* . The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *www.ferc.gov* , click on “eSubscription” and then click on “Sign-up.” Magalie R. Salas, Secretary. [FR Doc. E4-546 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Declaration of Intention and Soliciting Comments, Protests, and/or Motions To Intervene March 4, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Declaration of intention. b. *Docket No.:* DI04-4-000. c. *Date Filed:* February 2, 2004, amended March 2, 2004. d. *Applicant:* Upland Wings, Inc., Wings Lake, One Wings Lake Drive, Sullivan, MO 63080, telephone

(573)860-3146. e. *Name of Project:* Wings Lake Power Station Project. f. *Location:* The Wings Lake Power Station Project would be located in Sections 3, 4, 5, 8, 9 of T. 39 N., R. 1 W., 5th Meridian at the former Pea Ridge Iron Ore Company mining site in Washington County, Missouri. The project will not occupy tribal or Federal land. g. *Filed Pursuant to:* Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b). h. *Applicant Contact:* James C. Kennedy, President, Upland Wings, One Wings Lake Drive, Sullivan, MO 63080, telephone

(573)860-4986, E-mail *wings@fidnet.com* . i. *FERC Contact:* Any questions on this notice should be addressed to Henry Ecton

(202)502-8768, or E-mail address: *henry.ecton@ferc.gov* . j. *Deadline for Filing Comments and/or Motions:* April 5, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. Any questions, please contact the Secretary's Office. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* . Please include the docket number (DI04-4-000) on any comments or motions filed. k. *Description of Project:* The proposed Wings Lake Power Station Project, a pump storage project, would consist of:

(1)An upper and lower reservoir on a former iron ore mine site, with the upper reservoir filled from ground water pumped from the mine;

(2)a 700-foot-long, 100-foot-high rock and compacted concrete dam;

(3)a turbine/generating unit, with a total rated capacity of 500 MW, located in a mine shaft; and

(4)appurtenant facilities. The hydroelectric unit will be tied into the interstate grid through the Crawford Electric Cooperative, Bourbon, MO. When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project:

(1)Would be located on a navigable waterway;

(2)would occupy or affect public lands or reservations of the United States;

(3)would utilize surplus water or water power from a government dam; or

(4)if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation. l. *Locations of the Application:* Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link, select “Docket#” and follow the instructions. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E4-510 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Scoping Meetings and Site Visit, and Soliciting Scoping Comments March 4, 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.:* 2107-016. c. *Date Filed:* December 16, 2003. d. *Applicant:* Pacific Gas and Electric Company (PG&E). e. *Name of Project:* Poe Project. f. *Location:* On the North Fork Feather River in Butte County, near Pulga, California. The project includes 144 acres of lands of the Plumas National Forest. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Tom Jereb, Project Manager, Hydro Generation Department, Pacific Gas and Electric Company, P.O. Box 770000 (N11C), San Francisco, CA 94177,

(415)973-9320. i. *FERC Contact:* John Mudre,

(202)502-8902 or *john.mudre@ferc.gov* . j. *Deadline for Filing Scoping Comments:* May 3, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Scoping comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application is not ready for environmental analysis at this time. l. The Poe Project consists of:

(1)The 400-foot-long, 60-foot-tall Poe Diversion Dam, including four 50-foot-wide by 41-foot-high radial flood gates, a 20-foot-wide by 7-foot-high small radial gate, and a small skimmer gate that is no longer used;

(2)the 53-acre Poe Reservoir;

(3)a concrete intake structure located on the shore of Poe Reservoir;

(4)a pressure tunnel about 19 feet in diameter with a total length of about 33,000 feet;

(5)a differential surge chamber located near the downstream end of the tunnel;

(6)a steel underground penstock about 1,000 feet in length and about 14 feet in diameter;

(7)a reinforced concrete powerhouse, 175-feet-long by 114-feet-wide, with two vertical-shaft Francis-type turbines rated at 76,000 horsepower connected to vertical-shaft synchronous generators rated at 79,350 kVA with a total installed capacity of 143 MW and an average annual generation of 584 gigawatt hours;

(8)the 370-foot-long, 61-foot-tall, concrete gravity Big Bend Dam;

(9)the 42-acre Poe Afterbay Reservoir; and

(10)related facilities. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. *Scoping Process:* The Commission intends to prepare an Environmental Assessment

(EA)on the project in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action. *Scoping Meetings:* FERC staff will conduct one agency scoping meeting and one public meeting. The agency scoping meeting will focus on resource agency and non-governmental organization

(NGO)concerns, while the public scoping meeting is primarily for public input. All interested individuals, organizations, and agencies are invited to attend one or both of the meetings, and to assist the staff in identifying the scope of the environmental issues that should be analyzed in the EA. The times and locations of these meetings are as follows: Public Scoping Meeting Date: Wednesday March 31, 2004. Time: 7:30 p.m. Place: U.S. Forest Service District Office. Address: 875 Mitchell Avenue, Oroville, CA. Agency Scoping Meeting Date: Thursday April 1, 2004. Time: 10 a.m. Place: U.S. Forest Service District Office. Address: 875 Mitchell Avenue, Oroville, CA. Copies of the Scoping Document

(SD1)outlining the subject areas to be addressed in the EA are being distributed to the parties on the Commission's mailing list under separate cover. Copies of the SD1 will be available at the scoping meeting or may be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link ( *see* item m above). Site Visit The Applicant and FERC staff will conduct a project site visit beginning at 9:30 a.m. on Wednesday, March 31, 2004. All interested individuals, organizations, and agencies are invited to attend. All participants should meet at the parking area at the Poe Dam on Route 70, approximately 25 miles northeast of Oroville. All participants are responsible for their own transportation to the site. Please note that, at present, the county road to the powerhouse is closed due to a slide, and access is possible only down a steep four-wheel-drive trail. Improvements may be made prior to the site visit. Also note that access to the Big Bend dam requires a 45 minute hike of moderate-to-strenuous exertion. Anyone with questions about the site visit or powerhouse access should contact Mr. Tom Jereb of PG&E at 415-973-9320. Objectives At the scoping meetings, the staff will:

(1)Summarize the environmental issues tentatively identified for analysis in the EA;

(2)solicit from the meeting participants all available information, especially quantifiable data, on the resources at issue;

(3)encourage statements from experts and the public on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff's preliminary views;

(4)determine the resource issues to be addressed in the EA; and

(5)identify those issues that require a detailed analysis, as well as those issues that do not require a detailed analysis. Procedures The meetings are recorded by a stenographer and become part of the formal record of the Commission proceeding on the project. Individuals, organizations, and agencies with environmental expertise and concerns are encouraged to attend the meeting and to assist the staff in defining and clarifying the issues to be addressed in the EA. Magalie R. Salas, Secretary. [FR Doc. E4-511 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 459-128] Union Electric Company (d/b/a/ AmerenUE); Notice of Application and Applicant Prepared Environmental Assessment Tendered for Filing With the Commission, Establishing Procedural Schedule for Relicensing and Deadline for Submission of Final Amendments March 4, 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.:* 459-128. c. *Date Filed:* February 24, 2004. d. *Applicant:* Union Electric Company (d/b/a/ AmerenUE). e. *Name of Project:* Osage Hydroelectric Project. f. *Location:* On the Osage River, in Benton, Camden, Miller and Morgan Counties, central Missouri. The project occupies 1.6 acres of Federal land. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. (( 791 (a)-825(r). h. *Applicant Contact:* Jerry Hogg, Superintendent Hydro Regulatory Compliance, AmerenUE, 617 River Road, Eldon, MO 65026; Telephone

(573)365-9315; e-mail *jhogg@ameren.com* . i. *FERC Contact:* Allan Creamer at

(202)502-8365; or e-mail at *allan.creamer@ferc.gov* . j. *Deadline for filing comments on the application:* 60 days from the filing date shown in paragraph (c), or April 26, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments 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 ( *http://www.ferc.gov* ) under the “e-Filing” link. After logging into the e-Filing system, select “Comment on Filing” from the Filing Type Selection screen and continue with the filing process. The Commission strongly encourages electronic filing. 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. k. *Cooperating Agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instruction for filing comments described in item j above. l. *Status:* This application has not been accepted for filing. We are not soliciting motions to intervene, protests, or final terms and conditions at this time. m. *The Project Description:* The existing project consists of:

(1)A 2,543-foot-long, 148-foot-high dam comprised of, from right to left:

(i)A 1,181-foot-long, non-overflow section,

(ii)a 520-foot-long gated spillway section,

(iii)a 511-foot-long intake works and powerhouse section, and

(iv)a 331-foot-long non-overflow section;

(2)an impoundment (Lake of the Ozarks), approximately 93 miles in length, covering 54,000 acres at a normal full pool elevation of 660 feet mean sea level;

(3)a powerhouse, integral with the dam, containing eight main generating units (172 MW) and two auxiliary units (2.1 MW each), having a total installed capacity of 176.2 MW; and

(4)appurtenant facilities. The project generates an average of 636,397 megawatt-hours of electricity annually. AmerenUE currently operates, and is proposing to continue to operate, the Osage Project as a peaking and load regulation facility. AmerenUE proposes to upgrade two of the facility's eight main generating units and the two smaller, auxiliary generating units. With the proposed upgraded units, energy generation is estimated to increase by about 5.6 percent. In addition to the physical plant upgrades, AmerenUE proposes a variety of environmental and recreation measures. n. *Locations of the Application:* A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field (P-459), 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. o. *Procedural Schedule and Final Amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate. Milestone: Issue acceptance or deficiency letter. Target Date: May 2004. Milestone: Request additional information (if necessary). Target Date: May 2004. Notice soliciting final terms and conditions. Target Date: July 2004. Notice of availability of the EA. Target Date: December 2004. Ready for Commission Decision on the Application. Target Date: August 2005. At this time, we intend to prepare a single environmental document. The EA will include our recommendations for operational measures and environmental enhancement measures that should be part of any license issued by the Commission. Recipients will have 45 days to provide the Commission with any written comments on the EA. All comments filed with the Commission will be considered in the order taking final action on the license application. Should substantive comments, requiring additional analysis, be received, a revised NEPA document will be prepared. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice soliciting final terms and conditions. Magalie R. Salas, Secretary. [FR Doc. E4-512 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER02-2595-000, EL03-34-000, ER03-1277-000, ER03-2458-000, ER04-106-000, ER04-446-000, ER04-454-000 (Not Consolidated), EL04-43-000, EL04-46-000, ER04-364-000, ER04-375-000, ER04-456-000, ER04-571-000] Midwest Independent Transmission System Operator, Inc., Tenaska Power Services Co. v. Midwest Independent Transmission System Operator, Inc., Cargill Power Markets, LLC v. Midwest Independent Transmission System Operator, Inc., American Electric Power Service Corporation, Commonwealth Edison Company, Commonwealth Edison Company of Indiana, Inc., Midwest Independent Transmission System Operator, Inc., PJM Interconnection, L.L.C., Ameren Services Company, Midwest Independent Transmission System Operator, Inc., Ameren Services Company; Notice of Commission Staff Participation at Technical Conference March 5, 2004 Representatives of the Commission's staff will attend a technical conference pertaining to the Midwest Independent Transmission System Operator, Inc.'s (Midwest ISO) anticipated Energy Markets Tariff Filing. The technical conference will be held on March 10, 2004, from 10 a.m. to 6 p.m., and on March 11, 2004, from 8 a.m. to noon. The conference will take place at the Lakeside Corporate Center (directly across from the Midwest ISO's headquarters), 630 West Carmel Drive, Carmel, Indiana. Further details of the conference are available at *http://www.midwestiso.org/meetings.shtml* . The purpose of the technical conference is to discuss the Midwest ISO's anticipated Energy Markets Tariff Filing, expected to be filed with the Commission on March 31, 2004. The technical conference is open to the public. During the course of the meeting, it is possible that discussions may overlap with issues pending in the above-captioned dockets. For more information about the technical conference, contact Patrick Clarey, Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission, at

(317)249-5937 or *patrick.clarey@ferc.gov* , or Christopher Miller, Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission at

(317)249-5936 or *christopher.miller@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-539 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. PL03-3-000 and AD03-7-000 (Not Consolidated)] Price Discovery in Natural Gas and Electric Markets; Natural Gas Price Formation; Staff Notice of Request for Comments March 5, 2004. Staff issues this notice to provide an opportunity for comments on the current state of natural gas and electricity price formation, and whether there has been any increase in confidence in natural gas and electric price indices. These comments will assist Staff in evaluating developments since the issuance by the Commission of the *Policy Statement on Natural Gas and Electric Price Indices* , 104 FERC ¶ 61,121 (2003). Over the past year the Commission has taken several actions to improve the quality of and confidence in price indices that both reflect and influence the formation of wholesale prices for natural gas and electricity. In Docket No. AD03-7, the Commission's Staff held technical conferences on April 24 and June 24, 2003, issued Staff discussion papers, and held a follow-up workshop on July 2, 2003, to explore the desirability of a “safe harbor” for good faith reporting of prices to price index developers. The conferences and workshops led the Commission to issue the Policy Statement in Docket No. PL03-3 on July 24, 2003. 1 In the Policy Statement, the Commission explained what it expects of natural gas and electricity price index developers and companies that report transaction data to index developers, and created a rebuttable presumption that companies that report trade data in accordance with the standards of the Policy Statement are doing so in good faith and will not be subject to administrative penalties for inadvertent errors in reporting. The Commission further required, prospectively, that price indices used in jurisdictional tariffs meet the criteria set forth in the Policy Statement and reflect adequate liquidity at the referenced index points. The Commission also directed Staff to monitor the level of reporting of transaction data to price index developers and the adherence by market participants and price index developers to the Policy Statement standards. With respect to prospective use of price indices in tariffs, the Commission issued separate orders on tariff filings where jurisdictional companies had proposed to make changes in indices used in the tariff. The Commission accepted and suspended the tariff sheets, permitting them to become effective subject to further action by the Commission following receipt of a report on the compliance and liquidity issues from the Commission Staff. 2 The reports are due April 30, 2004. 3 Staff has actively monitored industry response to the Policy Statement. In September 2003 Staff sent a survey to 266 companies seeking information on their price reporting practices before and after issuance of the Policy Statement. To address the liquidity requirement of the Policy Statement, Staff held a workshop on liquidity issues on November 4, 2003. To evaluate whether index developers have adopted the Policy Statement standards, Staff solicited statements from price index developers, which statements were filed in January 2004 in Docket No. PL03-3-000. Meanwhile, on November 17, 2003, the Commission issued two orders adopting behavior rules for market participants. In Docket Nos. EL01-118-000 and -001 the Commission issued its *Order Amending Market-Based Rate Tariffs and Authorizations* , 105 FERC ¶ 61,218, and in Docket No. RM03-10-000 the Commission issued Order No. 644, *Amendment to Blanket Sales Certificates* , 105 FERC ¶ 61,217. Both of these orders adopt a behavior rule requiring that, to the extent holders of market-based rate authority and sellers using blanket certificate sales authority report transactions to entities that develop and publish price indices, they must report such transactions in accordance with the Policy Statement. The behavior rules orders also directed all market-based rate sellers and holders of blanket certificate authority to notify the Commission whether or not they report prices to index developers in accordance with the Policy Statement. Numerous such notices were filed in January 2004. Finally, Staff will soon send a second survey to a set of companies that buy and/or sell natural gas and electricity in wholesale markets. The results of this second phase survey will be an important part of Staff's status report to the Commission on price formation. As noted, the Commission instructed Staff to monitor “both the level of reporting to index developers and the amount of adherence to the standards set forth herein,” Policy Statement ¶ 43, and to report to the Commission about specific indices involved in certain tariff filings. The issues of the robustness of voluntary price reporting, price index developer adherence to Policy Statement standards, and the reliability of referenced index points all are related to the overall progress in improving the quality of price indices and of encouraging greater voluntary reporting of transaction data by market participants. As a result, Staff intends to report to the Commission on overall progress in restoring confidence in price indices and voluntary price formation as well as on the adequacy of indices referenced in specified tariffs. While Staff will shortly conduct the second industry survey to determine whether steps taken by the Commission have assisted the industry in restoring vitality and confidence in published price indices, Staff also provides this opportunity for comments by interested parties on changes since the issuance of the Policy Statement. Price Index Developers A number of price index developers filed statements in Docket No. PL03-3-000 in January. At this time, Staff provides a further opportunity for any natural gas or electricity price index developer to submit a statement regarding its compliance with the Policy Statement standards, or to supplement its previous statement. Specifically, we request that index developers file in Docket No. PL03-3-000

(1)a statement whether the developer has adopted, or will adopt, the standards of Policy Statement ¶ 33 and

(2)a description of the developer's practices in each of the five areas identified by the Commission in the Policy Statement. The description should include the following: 1. *Code of conduct and confidentiality.* Provide a copy of the public portions of any applicable code of conduct or ethics, along with a description of how the public code relates to the treatment of price data obtained, the methodology for calculating indices, and the procedures for assuring confidential treatment of trade data. Provide a sample copy of any uniform confidentiality agreements used with market participants. Explain and document provisions permitting Commission access to price data necessary for performance of the Commission's statutory duties. 2. *Completeness.* Discuss the scope of information collected for use in the indices. Provide sample indices showing how you report “(a) the total volume,

(b)the number of transactions,

(c)the number of transaction entities,

(d)the range of prices (high/low), and

(e)the volume-weighted average price.” Policy Statement ¶ 33.2. Describe any liquidity measures to inform users about the degree of activity or other indicators of reliability in the prices reported at each trading location. 3. *Data verification, error correction, and monitoring.* Discuss the means by which you verify the prices reported to you. Explain or provide information on any error correction process used, including when and how error corrections are published. Describe and document your data monitoring and surveillance systems, and the steps to be taken (including notifying the Commission or other agencies) in the event anomalous data reported to you cannot be explained or resolved by the data provider. 4. *Verifiability.* Describe the scope of and document the independent audit or verification of your data collection, evaluation, index calculation and index production processes, including whether there is any external process review. 5. *Accessibility.* Describe the availability of your price indices to the industry. Discuss the measures taken to provide the Commission access to relevant data in the event of suspected bad faith reporting or potential manipulation. Failure to file will lead Staff to operate on the assumption that the index developer has initiated no changes in its practices. Information or data previously provided in any Commission docket or otherwise available publicly may be incorporated by reference in or included with the statement. In addition, index developers are invited to comment on whether the number of price reporting entities and the number of reported fixed price transactions have increased since issuance of the Policy Statement. Price Reporting Entities Interested market participants are invited to file comments on the developments since issuance of the Policy Statement. Parties are encouraged to address the following questions: 1. Has the Policy Statement safe harbor for good faith reporting been helpful for your firm in its consideration of whether to engage in the reporting of price transaction data? 2. Have you adopted the standards of ¶ 34 of the Policy Statement or otherwise taken steps to improve the quality of trade data submitted to price index developers? 3. Have changes by price index developers materially improved the transparency of information contained in price indices? 4. Do price index developers provide enough information about the level of trading activity at locations for which index prices are provided? 5. Is it clear to you in publications what information is intended to be price indices and what information is intended to be “market price indications” or other market-related information? Do price index developers make clear which prices are indices prepared according to their index methodology? 6. Do you have any specific concerns regarding the quality of price indices? If so, what are they? Please be specific about the basis for the concerns as well as what the concerns are. 7. Do you have more confidence in price indices today than before issuance of the Policy Statement? Interested parties should submit written comments on the issues outlined above no later than March 26, 2004. The Commission encourages electronic submission of comments in lieu of filing on paper. The Commission's electronic filing system and instructions for filing can be found at the “eFiling” link on the Commission's Web site ( *http://www.ferc.gov* ). Commenters are not required to serve copies of their comments on other commenters. For further information contact Ted Gerarden at 202-502-6187 or *ted.gerarden@ferc.gov* . Magalie R. Salas, Secretary. 1 *See* the Policy Statement, ¶¶ 6-32, for a detailed discussion of the role of price indices in energy markets, concerns with price index quality and reliability, industry efforts to improve index quality, and the steps leading to the Commission's issuance of the Policy Statement. Subsequently the Commission also issued an *Order on Clarification of Policy Statement on Natural Gas and Electric Price Indices* , 105 FERC ¶ 61,282 (2003). 2 *See* “Order Accepting and Suspending Tariff Sheets, Subject to Further Proceedings” in *Transcontinental Gas Pipe Line Company* , 104 FERC ¶ 61,181 (2003); *Northern Natural Gas Company* , 104 FERC ¶ 61,182 (2003); and *Natural Gas Pipeline Company of America* , 104 FERC ¶ 61,190 (2003). 3 *See, e.g.* , Northern Natural Gas Company, *et al.* , “Notice Deferring Submission of Staff Reports,” Docket Nos. RP03-533-000, *et al.* , issued January 27, 2004. [FR Doc. E4-540 Filed 3-10-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7635-8] Waste Characterization Program Documents Applicable to Transuranic Radioactive Waste From the Rocky Flats Environmental Technology Site for Disposal at the Waste Isolation Pilot Plant AGENCY: Environmental Protection Agency. ACTION: Notice of availability; opening of public comment period. SUMMARY: The Environmental Protection Agency

(EPA)is announcing the availability of, and soliciting public comments for 30 days on, Department of Energy

(DOE)documents applicable to characterization of transuranic

(TRU)radioactive waste at the Rocky Flats Environmental Technology Site (RFETS) proposed for disposal at the Waste Isolation Pilot Plant (WIPP). The documents are available for review in the public dockets listed in ADDRESSES. We will consider public comments received on or before the due date mentioned in DATES . EPA will conduct an inspection of waste streams, characterization systems and processes at RFETS to verify that the site can characterize transuranic waste in accordance with EPA's WIPP compliance criteria. EPA will perform this inspection the week of March 29, 2004. This notice of the inspection and comment period accords with 40 CFR 194.8. DATES: EPA is requesting public comment on the documents. Comments must be received by EPA's official Air Docket on or before April 12, 2004 . ADDRESSES: Comments may be submitted by mail to: EPA Docket Center (EPA/DC), Air and Radiation Docket, Environmental Protection Agency, EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention Docket ID No. OAR-2004-0020. Comments may also be submitted electronically, by facsimile, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I.B of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Ed Feltcorn, Office of Radiation and Indoor Air,

(202)343-9463. You can also call EPA's toll-free WIPP Information Line, 1-800-331-WIPP or visit our Web site at *http://www.epa/gov/radiation/wipp* . SUPPLEMENTARY INFORMATION: I. General Information A. How Can I Get Copies of This Document and Other Related Information? 1. *Docket* . EPA has established an official public docket for this action under Docket ID No. OAR-2004-0020. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Air and Radiation Docket 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 Public Reading Room is

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

(202)566-1742. These documents are also available for review in paper form at the official EPA Air Docket in Washington, DC, Docket No. A-98-49, Category II-A2, and at the following three EPA WIPP informational docket locations in New Mexico: in Carlsbad at the Municipal Library, Hours: Monday-Thursday, 10 a.m.-9 p.m., Friday-Saturday, 10 a.m.-6 p.m., and Sunday 1 p.m.-5 p.m.; in Albuquerque at the Government Publications Department, Zimmerman Library, University of New Mexico, Hours: vary by semester; and in Santa Fe at the New Mexico State Library, Hours: Monday-Friday, 9 a.m.-5 p.m. As provided in EPA's regulations at 40 CFR Part 2, and in accordance with normal EPA docket procedures, if copies of any docket materials are requested, a reasonable fee may be charged for photocopying. 2. *Electronic Access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/* . 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. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, 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. 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 EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. For additional information about EPA's electronic public docket visit EPA Dockets online or see 67 FR 38102, May 31, 2002. B. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, by facsimile, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. 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. However, late comments may be considered if time permits. 1. *Electronically.* If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. 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. EPA's policy is that EPA will not edit your comment, and 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. i. *EPA Dockets.* Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket,* and follow the online instructions for submitting comments. To access EPA's electronic public docket from the EPA Internet Home Page, select “Information Sources,” “Dockets,” and “EPA Dockets.” Once in the system, select “search,” and then key in Docket ID No. OAR-2004-0020. The 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. ii. *E-mail.* Comments may be sent by electronic mail (e-mail) to *a-and-r-docket@epa.gov,* Attention Docket ID No. OAR-2004-0020. In contrast to EPA's electronic public docket, EPA's 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, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 2. *By Mail.* Send your comments to: EPA Docket Center (EPA/DC), Air and Radiation Docket, Environmental Protection Agency, EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention Docket ID No. OAR-2004-0020. 3. *By Hand Delivery or Courier.* Deliver your comments to: Air and Radiation Docket, EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID No. OAR-2004-0020. Such deliveries are only accepted during the Docket's normal hours of operation as identified in Unit I.A.1. 4. *By Facsimile.* Fax your comments to:

(202)566-1741, Attention Docket ID. No. OAR-2004-0020. C. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and **Federal Register** citation related to your comments. II. Background DOE is developing the WIPP near Carlsbad in southeastern New Mexico as a deep geologic repository for disposal of TRU radioactive waste. As defined by the WIPP Land Withdrawal Act

(LWA)of 1992 (Pub. L. No. 102-579), as amended (Pub. L. No. 104-201), TRU waste consists of materials containing elements having atomic numbers greater than 92 (with half-lives greater than twenty years), in concentrations greater than 100 nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of the existing TRU waste consists of items contaminated during the production of nuclear weapons, such as rags, equipment, tools, and sludges. On May 13, 1998, EPA announced its final compliance certification decision to the Secretary of Energy (published May 18, 1998, 63 FR 27354). This decision stated that the WIPP will comply with EPA's radioactive waste disposal regulations at 40 CFR Part 191, Subparts B and C. The final WIPP certification decision includes conditions that

(1)prohibit shipment of TRU waste for disposal at WIPP from any site other than the Los Alamos National Laboratories

(LANL)until the EPA determines that the site has established and executed a quality assurance program, in accordance with §§ 194.22(a)(2)(i), 194.24(c)(3), and 194.24(c)(5) for waste characterization activities and assumptions (Condition 2 of Appendix A to 40 CFR Part 194); and

(2)(with the exception of specific, limited waste streams and equipment at LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or any other site) until EPA has approved the procedures developed to comply with the waste characterization requirements of § 194.22(c)(4) (Condition 3 of Appendix A to 40 CFR Part 194). The EPA's approval process for waste generator sites is described in § 194.8. As part of EPA's decision-making process, the DOE is required to submit to EPA appropriate documentation of quality assurance and waste characterization programs at each DOE waste generator site seeking approval for shipment of TRU radioactive waste to WIPP. In accordance with § 194.8, EPA will place such documentation in the official Air Docket in Washington, DC, and informational dockets in the State of New Mexico for public review and comment. EPA will perform an inspection of the waste characterization systems and processes for TRU waste at RFETS in accordance with Conditions 3 of the WIPP certification. The purpose of this inspection is for the annual re-evaluation of the transuranic

(TRU)waste program at RFETS and to evaluate new activities ( *i.e.* , new equipment, such as the Multi Purpose Crate Counter) associated with a particular waste stream (soils/gravels). The inspection is scheduled to take place the week of March 29, 2004. EPA has placed a number of documents pertinent to the inspection in the public docket described in ADDRESSES. These documents can be found online in EDOCKET ID No. OAR-2004-0020 and also in hard copy form as item II-A2-48 in Docket A-98-49. In accordance with 40 CFR 194.8, as amended by the final certification decision, EPA is providing the public 30 days to comment on these documents. If EPA determines as a result of the inspection that the proposed waste streams, processes, systems, and equipment at RFETS adequately control the characterization of transuranic waste, we will notify DOE by letter and place the letter in the official Air Docket in Washington, DC, as well as in the informational docket locations in New Mexico. A letter of approval will allow DOE to dispose of TRU waste at the WIPP using the approved characterization processes. The EPA will not make a determination of compliance prior to the inspection or before the 30-day comment period has closed. Information on the certification decision is filed in the official EPA Air Docket, Docket No. A-93-02 and is available for review in Washington, DC, and at three EPA WIPP informational docket locations in New Mexico. The dockets in New Mexico contain only major items from the official Air Docket in Washington, DC, plus those documents added to the official Air Docket since the October 1992 enactment of the WIPP LWA. Dated: March 5, 2004. Robert Brenner, Acting Assistant Administrator for Air and Radiation. [FR Doc. 04-5636 Filed 3-10-04; 8:45 am]

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