Notices. Notice of proposed allocation

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BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2165-015-Alabama Black Warrior River Project] Alabama Power Company; Notice of Proposed Revised Restricted Service List for a Programmatic Agreement for Managing Properties Included in or Eligible for Inclusion in The National Register of Historic Places March 22, 2004. Rule 2010 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure provides that, to eliminate unnecessary expense or improve administrative efficiency, the Secretary may establish a restricted service list for a particular phase or issue in a proceeding. 1 The restricted service list should contain the names of persons on the service list who, in the judgment of the decisional authority establishing the list, are active participants with respect to the phase or issue in the proceeding for which the list is established. 1 18 CFR 385.2010.

The Commission staff is consulting with the Alabama State Historic Preservation Officer (hereinafter, SHPO) and the Advisory Council on Historic Preservation (hereinafter, Council) pursuant to the Council's regulations, 36 CFR Part 800, implementing Section 106 of the National Historic Preservation Act, as amended, (16 U.S.C. 470 f), to prepare and execute a programmatic agreement for managing properties included in, or eligible for inclusion in, the National Register of Historic Places at Project No. 2165-015.

The programmatic agreement, when executed by the Commission, the SHPO, and the Council, would satisfy the Commission's Section 106 responsibilities for all individual undertakings carried out in accordance with the license until the license expires or is terminated (36 CFR 800.13[e]). The Commission's responsibilities pursuant to Section 106 for the Black Warrior River Project would be fulfilled through the programmatic agreement, which the Commission proposes to draft in consultation with Alabama Power Company, the licensee for Project No. 2165; the Mississippi Band of Choctaw Indians; the Jena Band of Choctaw Indians; the Chickasaw Nation, the Poarch Band of Creek Indians; the U.S.

Forest Service; the U.S. Army Corp of Engineers; and the U.S. Bureau of Indian Affairs. The executed programmatic agreement would be incorporated into any Order issuing a license. By the letter filed February 3, 2004, Steven Rickerson, Forest Supervisor, requested to be placed on the Restricted Service List for the Black Warrior River Project. For purposes of commenting on the programmatic agreement, we propose to add the following person to the restricted service list for the aforementioned project to represent the interests of the U.S.

Forest Service: Steven Rickerson, Forest Supervisor, National Forests in Alabama, 2946 Chestnut Street, Montgomery, AL 36107. The addition to the restricted service list is effective immediately. Magalie R. Salas, Secretary. [FR Doc. E4-697 Filed 3-26-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2232-457] Duke Power Company; Notice of Availability of Environmental Assessment March 23, 2004. In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Energy Regulatory Commission's (Commission) regulations (18 CFR Part 380), Commission staff have prepared an environmental assessment

(EA)that analyzes the environmental impacts of allowing Duke Power Company, licensee for the Catawba-Wateree Hydroelectric Project, to grant an updated Water Withdrawal Easement to the City of Mount Holly, North Carolina for project property within Mountain Island Lake that will supercede an existing easement. The updated easement will allow Mount Holly to install and maintain new intake screens on existing water intake pipes at its Raw Water Intake Pumping Station at Mountain Island Lake, and allow Mount Holly to increase water withdrawals from the currently-permitted rate of 3.0 million gallons per day

(MGD)to a maximum of 13.5 MGD. Increases in water withdrawal would occur incrementally over time. The EA contains staff's analysis of the potential environmental impacts of the proposal and concludes that approval of the Proposed Action would not constitute a major Federal action significantly affecting the quality of the human environment. A copy of the EA is attached to a Commission order titled “Order Approving Non-Project Use of Project Lands and Waters,” which was issued March 23, 2004, and is available for review and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426. The EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “elibrary” link. Enter the docket number (prefaced by P-) and excluding the last three digits, in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-698 Filed 3-26-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-73-000, et al.] Midwest Generation, LLC, et al.; Electric Rate and Corporate Filings March 22, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Midwest Generation, LLC; Nesbitt Asset Recovery, Series C-1; Nesbitt Asset Recovery, Series C-2; Nesbitt Asset Recovery, Series C-3; Nesbitt Asset Recovery, Series C-4 [Docket No. EC04-73-000] Take notice that on March 18, 2004, Midwest Generation, LLC; Nesbitt Asset Recovery, Series C-1; Nesbitt Asset Recovery, Series C-2; Nesbitt Asset Recovery, Series C-3; and Nesbitt Asset Recovery, Series 4 (collectively, the Applicants) filed a supplement to their application filed March 12, 2004 in the above-referenced Docket No. pursuant to section 203 of the Federal Power Act for authorization of the disposition of jurisdictional facilities in connection with the termination of a sale and leaseback transaction involving the Collins Generating Station, a 2,698-MW generating plant located in Morris, Illinois. *Comment Date:* April 2, 2004. 2. Exelon New England Holdings, LLC et al., EBG Holdings LLC [Docket No. EC04-77-000] Take notice that on March 19, 2004, Exelon New England Holdings, LLC (Exelon New England), Boston Generating, LLC (Boston Generating), and EBG Holdings, LLC (EBG Holdings) filed with the Commission an application, pursuant to section 203 of the Federal Power Act, and Part 33 of the Commission's regulations, seeking authorization for the transfer of one hundred

(100)percent of the membership interests of Boston Generating owned by Exelon New England from Exelon New England to EBG Holdings. The applicants request expedited consideration of the application. *Comment Date:* April 9, 2004. 3. Black River Generation, LLC [Docket No. EG04-39-000] Take notice that on March 18, 2004, Black River Generation, LLC, (Black River Generation) tendered for filing with the Commission an Application for Determination of Exempt Wholesale Generator Status pursuant to section 32 of the Public Utility Holding Company Act of 1935, as amended, and Part 365 of the Commission's Regulations. Black River Generation states that it will lease and operate the Fort Drum Project, which is located at the Fort Drum Army base near Watertown, New York, until June 30, 2005, at which time it will acquire the Project. Black River Generation states that copies of the Application have been served on the New York Public Service Commission and the U.S. Securities and Exchange Commission. *Comment Date:* April 8, 2004. 4. Frederickson Power, L.P. [Docket No. EG04-40-000] Take notice that on March 12, 2004, Frederickson Power L.P. (Frederickson) tendered for filing a Notification of Change in Facts and Request for Confirmation of Exempt Wholesale Generator Status. *Comment Date:* April 2, 2004. 5. Pacific Gas and Electric Company [Docket Nos. ER99-2326-007 and EL99-68-007] Take notice that on March 17, 2004, Pacific Gas and Electric Company (PG&E) submitted a compliance filing and refund report with respect to its third Transmission Owner Tariff (TO Tariff) in compliance with the Commission's Orders dated August 28, 2003 and February 17, 2004, Pacific Gas and Electric Co., 104 FERC ¶ 61,226 and 106 FERC ¶ 61,144. PG&E states that copies of this filing have been served upon the California Independent System Operator Corporation, the California Public Utilities Commission, and the parties to the official service lists in the affected dockets. *Comment Date:* April 7, 2004. 6. Boston Edison Company [Docket Nos. ER01-890-007 and ER02-1465-002] Take notice that on March 18, 2004, Boston Edison Company (Boston Edison) submitted a compliance filing pursuant to the order issued on February 17, 2004 in Docket No. ER01-890-004, *et al.* , 106 FERC ¶ 61,150 (2004). Boston Edison states that copies of said filing have been served upon all persons included on the official service list in this proceeding. *Comment Date:* April 8, 2004. 7. Entergy Services, Inc. Docket No. ER03-1140-003] Take notice that on March 18, 2004, Entergy Services, Inc., (Entergy) on behalf of Entergy Arkansas, Inc., Entergy Gulf States, Inc., Entergy Louisiana, Inc., Entergy Mississippi, Inc., and Entergy New Orleans, Inc., submitted a compliance filing incorporating revisions to section 11.2(iv) of the creditworthiness provisions of Entergy's Open Access Transmission Tariff as required by the Commission's Order issued February 17, 2004 in Docket No. ER03-1140-001 and 002. 106 FERC ¶ 61,142 (2004). *Comment Date:* April 8, 2004. 8. Virginia Electric and Power Company [Docket No. ER04-561-001] Take notice that on March 16, 2004, Virginia Electric and Power Company (Dominion Virginia Power) tendered for filing an amended application of the Ninth Amended Service Agreements for Sempra Energy Trading Corp under the Company's Open Access Transmission Tariff, FERC Electric Tariff, Second Revised Volume No. 5, to Eligible Purchasers dated June 7, 2000: 1. Ninth Amended Service Agreement for Firm Point-To-Point Transmission Service designated Tenth Revised Service Agreement No. 253 under the Company's FERC Electric Tariff, Second Revised Volume No. 5; 2. Ninth Amended Service Agreement for Non-Firm Point-To-Point transmission Service designated Tenth Revised Service Agreement No. 49 under the Company's FERC Electric Tariff, Second Revised Volume no. 5. Dominion Virginia Power respectfully renews its requests for an effective date of January 17, 2003. *Comment Date:* April 6, 2004. 9. RWE Trading Americas Inc. [Docket No. ER04-661-000] Take notice that on March 18, 2004, RWE Trading Americas Inc. (RWE Trading) tendered for filing a Notice of Cancellation of its FERC Electric Tariff, Original Volume No. 1 (Tariff). RWE Trading requested an effective date of May 19, 2004. *Comment Date:* April 8, 2004. 10. Entergy Services, Inc. [Docket No. ER04-663-000] Take notice that on March 18, 2004, Entergy Services, Inc. (Entergy Services) submitted for filing on behalf of Entergy Arkansas, Inc.

(EAI)a 2004 Wholesale Formula Rate Update in accordance with:

(1)The Power Coordination, Interchange and Transmission Service Agreements between EAI and the Cities of Conway, West Memphis and Osceola Arkansas; the cities of Campbell and Thayer, Missouri; and the Arkansas Electric Cooperative Corporation;

(2)the Transmission Service Agreement

(TSA)between EAI and the City of Hope, Arkansas;

(3)the TSA between EAI and the Louisiana Energy & Power Authority;

(4)the Wholesale Power Service Agreement

(WPSA)between EAI and the City of Prescott, Arkansas; and

(5)the WPSA between EAI and the Farmers Electric Cooperative Corporation. In addition, Energy Services states that the distribution rate charged to the City of North Little Rock pursuant to the Network Integration Transmission Service Agreement is also redetermined by this filing. *Comment Date:* April 8, 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. E4-691 Filed 3-26-04;8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1971-079 Idaho/Oregon] Idaho Power Company; Notice on Clarification of Tribal Consultation Meetings March 17, 2004. In the Notice of Tribal Consultation Briefing, issued March 9, 2004, the Commission indicated that it would hold meetings with the Indian Tribes potentially affected by the relicensing of the Hells Canyon Project between March 29 and March 31, 2004. These meetings will not be open to the public but will be transcribed by a court reporter. The transcripts will be available on the Commission's Web site ( *http://www.ferc.gov/docs-filing/elibrary.asp* ) as soon as possible after the meetings. In addition, as also indicated in the notice, to review the matters discussed at the tribal meetings, the Commission staff will be holding a separate tribal consultation briefing, on Thursday, April 1, 2004, from 9:30 a.m. to 11:30 a.m. at the Boise Center on the Grove, 850 Front Street, Boise, Idaho. This briefing will be open to the public, including all tribes, agencies, non-governmental organizations, and individuals. For more information, contact Alan Mitchnick at

(202)502-6074, *alan.mitchnick@ferc.gov* ; or Emily Carter at

(202)502-6512, *emily.carter@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E4-699 Filed 3-26-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the Record Communications; Public Notice March 23, 2004. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of exempt and prohibited off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or prohibited off-the-record communication relevant to the merit's of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of prohibited and exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary (FERRIS) link. Enter the docket number excluding the last three digits in the docket number field to access the document. For Assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

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

(202)502-8659. *Prohibited:* Docket number Date filed Presenter or requester 1. CP04-58-000 3-16-04 Cory Trembath. 2. Project No. 2342-000 3-22-04 Jeffrey Baumoel. 3. Project No. 2342-000 3-22-04 Kurt Olson. 4. Project No. 2342-000 3-22-04 Darian Mark. 5. Project No. 2342-000 3-22-04 Jarrett Mattson. 6. Project No. 2342-000 3-22-04 James Mulder. 7. Project No. 2342-000 3-22-04 Diana Dixon. 8. Project No. 2342-000 3-22-04 Trinity Lila. *Exempt:* Docket number Date filed Presenter or requester 1. Project No. 2169-000 3-11-04 Kimberly Carter/Sergiu Serban. Magalie R. Salas, Secretary. [FR Doc. E4-696 Filed 3-26-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Post-2005 Resource Pool, Pick-Sloan Missouri Basin Program—Eastern Division AGENCY: Western Area Power Administration, DOE. ACTION: Notice of proposed allocation. SUMMARY: The Western Area Power Administration (Western), Upper Great Plains Customer Service Region, a Federal power marketing agency of the Department of Energy, announces the Post-2005 Resource Pool Proposed Allocation of Power. The Energy Planning and Management Program (Program) provides for project-specific resource pools and power allocations from these pools to new preference customers and/or other appropriate purposes as determined by Western. Western, under the Program, is proposing allocations from a Federal power resource pool of the long-term marketable resource of the Pick-Sloan Missouri Basin Program—Eastern Division (P-SMBP—ED) that will become available January 1, 2006. Western will prepare and publish the Final Allocation of Power in the **Federal Register** after all public comments have been considered. DATES: Entities interested in commenting on the proposed allocations of power must submit written comments to Western's Upper Great Plains Customer Service Regional Office at the address below. Western must receive written and/or electronic comments by 4 p.m., MDT, on June 28, 2004. Entities are encouraged to use certified mail, e-mail, or fax for delivery of comments. Western will accept comments received via regular mail through the United States Postal Service if postmarked at least 3 days before June 28, 2004, and received no later than July 2, 2004. Western reserves the right to not consider any comments that are not received by the prescribed dates and times. Western will hold public information forums and public comment forums (immediately following the information forums) on the proposed allocation of power. The public information and comment forum dates and times are: 1. April 27, 2004, 2 p.m., Billings, Montana. 2. April 28, 2004, 1 p.m., Sioux Falls, South Dakota. ADDRESSES: Send written comments regarding these proposed allocations of Western power to Robert J. Harris, Regional Manager, Upper Great Plains Customer Service Region, Western Area Power Administration, 2900 4th Avenue North, Billings, MT, 59107-1266. Comments on the proposed allocations may also be faxed to

(406)247-7408 or e-mailed to *Post2005UGP@wapa.gov.* The public information and comment forum locations are: 1. Billings—Billings Hotel and Convention Center, 1223 Mullowney Lane, Billings, Montana. 2. Sioux Falls—Best Western Ramkota Hotel, 3200 West Maple Street, Sioux Falls, South Dakota. FOR FURTHER INFORMATION CONTACT: Jon R. Horst, Public Utilities Specialist, Upper Great Plains Customer Service Region, Western Area Power Administration, 2900 4th Avenue North, Billings, MT 59107-1266, telephone

(406)247-7444, e-mail *horst@wapa.gov.* All documents developed or retained by Western in developing this Post-2005 Resource Pool will be available for inspection and copying at the Upper Great Plains Customer Service Region in Billings, Montana. Public comments will be available for viewing at *http://www.wapa.gov/ugp/contracts/post2005/comments.htm* after the close of the comment period. SUPPLEMENTARY INFORMATION: On March 4, 2003, Western published the proposed procedures and call for applications in the **Federal Register** . Western held public information and comment forums on April 8-10, 2003, to accept oral and written comments on the proposed procedures and call for applications. Applications for power were accepted at Western's Upper Great Plains Customer Service Region until close of business on June 2, 2003. On December 2, 2003, Western published the final procedures in the **Federal Register** . The proposed allocations of power published here are the result of those applications received during the call for applications. Applications received were subjected to the Final Post-2005 Resource Pool Allocation Procedures. I. Proposed Allocation of Power Western received 14 applications for the Post-2005 Resource Pool. Review of the applications indicated that 11 of the 14 applicants did not qualify under the Final Post-2005 Resource Pool Allocation Procedures. The proposed allocations of power for new customers were calculated using the Final Post-2005 Resource Pool Allocation Procedures. The proposed summer allocations are 24.84413 percent of total summer load; the proposed winter allocations are 35.98853 percent of total winter load as defined in the Post-1985 Marketing Plan criteria, under the Final Post-2005 Resource Pool Allocation Procedures. The proposed allocations of power for new eligible customers and the loads these allocations are based upon are as follows: New customers 2002 Summer season load kilowatts 2002 Winter season load kilowatts Proposed post-2005 power allocation Summer kilowatts Winter kilowatts City of Auburn, IA 515 409 128 147 City of Pocahontas, IA 4,236 2,980 1,052 1,072 Montana State University—Bozeman, MT 8,506 8,536 2,113 3,072 The proposed allocations of power for new customers listed in the table above are based on the P-SMBP—ED marketable resource available at this time. If the P-SMBP—ED marketable resource is adjusted in the future, the proposed allocations of power may be adjusted accordingly. Entities interested in commenting on the proposed allocations of power must submit comments to Western's Upper Great Plains Customer Service Regional Office as described earlier. Western will respond to the comments received on the proposed allocations of power and publish its final allocations after the end of the public comment period. Western will then begin negotiating new customer contracts. II. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act of 1980, 5 U.S.C. 601, *et seq.* , requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities and there is a legal requirement to issue a general notice of proposed rulemaking. Western has determined this action does not require a regulatory flexibility analysis since it is a rulemaking of particular applicability relating to rates or services. III. Small Business Regulatory Enforcement Fairness Act Western determined this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking to approve or prescribe rates or services and involves matters of agency procedure. IV. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; so this notice requires no clearance by the Office of Management and Budget. Dated: March 17, 2004. Michael S. Hacskaylo, Administrator. [FR Doc. 04-6915 Filed 3-26-04; 8:45 am]

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