Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2004-04-01 · Federal Energy Regulatory Commission; DOE · Notices

Notices. Notice

10,791 words·~49 min read·/register/2004/04/01/04-7327

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

BILLING CODE 5001-05-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC03-423-001, FERC Form-423] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review March 26, 2004. AGENCY: Federal Energy Regulatory Commission; DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review and reinstatement of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received comments from two entities in response to an earlier **Federal Register** notice of February 13, 2003 (68 FR 7353-54) and has responded to their comments in its submission to OMB. DATES: Comments on the collection of information are due by April 30, 2004. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *Pamela_L._Beverly@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-7856. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-30, Attention: Michael Miller, 888 First Street NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC03-423-001. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's E-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by e-mail to *efiling@ferc.gov.* Comments should not be submitted to the e-mail address. All comments are available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC Form 423 “Monthly Report on the Cost and Quality of Fuels for Electric Plants.” 2. *Sponsor:* Federal Energy Regulatory Commission. 3. *Control No.:* 1902-0024. The Commission is now requesting that OMB approve and reinstate with a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* Submission of the information is necessary to enable the Commission to carry out its responsibilities in implementing the statutory provisions of Sections 205-206 of the Federal Power Act as amended by Section 208 of the Public Utility Regulatory Policies Act (PURPA). The Commission uses the information to collect basic cost and quality of fuels data at electric generating plants on the FERC Form 423, and has used such data to conduct fuel reviews, rate investigations and to track market changes and trends in the electric wholesale market. The data is also used by other government agencies to track the supply, disposition and prices of fuel, to conduct environmental assessments, and by electric market participants and the public to assess the competitive market place. Monthly evaluation of the Form 423 data makes it possible to discern instances in which a utility's fuel costs deviate significantly from existing market prices. Such deviations may be significant since fuel costs are a significant share of the costs that underline a utility's rates. And, depending on the results of the evaluation, the Commission can either accept a utility's proposed rate as filed, or suspend the proposed rate and set the matter for hearing. The data has helped to identify the effects of the quality of fuel, market conditions, and the origin of production on fuel prices, which can signal possible procurement inefficiencies. The Commission implements the filing requirements in the Code of Regulations
(CFR)under 18 CFR Parts 141.61. 5. *Respondent Description:* The respondent universe currently comprises 76 companies (on average per year) subject to the Commission's jurisdiction. 6. *Estimated Burden:* 7,008 total hours, 584 respondents (average per year), 12 responses per respondent, and 1 hour per response (average). 7. *Estimated Cost Burden to respondents:* 7,008 hours / 2080 hours per years × $107,185 per year = $135,991. The cost per respondent is equal to $155,655. **Statutory Authority:** Sections 205-206 of the FPA (16 U.S.C. 824d and e) and Section 208 of the Public Utility Regulatory Policies Act (PURPA), (16 U.S.C. 2601 *et. al.* ) Magalie R. Salas, Secretary. [FR Doc. E4-726 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [IC04-549B-000, FERC-549B] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension March 26, 2004. AGENCY: Federal Energy Regulatory Commission; DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments on the collection of information are due by June 1, 2004. ADDRESSES: Copies of the proposed collection of information can be obtained from Michael Miller, Office of the Executive Director, ED-30, 888 First Street NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC04-549B-000. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's e-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by e-mail to *efiling@ferc.gov.* Comments should not be submitted to the e-mail address. All comments are available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the ‘eLibrary' link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676 or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: The information is collected under the requirements of FERC-549B “Gas Pipeline Rates: Capacity Information” (OMB No. 1902-0169) which contains both the Index of Customers Report and the Capacity Report under Part 284 of the Commission's Regulations. The information is used by the Commission to implement the statutory provisions of the sections 4, 5, and 16 of the NGA, 15 U.S.C. 717c-717o, PL. 75-688,52 Stat. 822 and 830) and Title III of the NGPA, 15 U.S.C. 3301-3432, PL. 95-621. In Order No. 636, the Commission established a capacity release mechanism under which shippers can release firm transportation and storage capacity on either a short or long term basis to other shippers wanting to obtain capacity. In Order No. 636-A, the Commission determined that the efficiency of the capacity release mechanism would be enhanced by standardizing both the content of capacity release information and the methods by which shippers access that information. In Order No. 637, the Commission amended its regulations in response to the growing development of more competitive markets for natural gas. In the rule, FERC revised its current regulatory framework to improve the efficiency of the market and provide captive customers with the opportunity to reduce their cost of holding long-term capacity while continuing to protect against the exercise of market power. To create greater substitution between different forms of capacity and enhance competition across the pipeline grid, Order No. 637 also revised the regulations regarding scheduling, segmentation and flexible point rights, penalties, and reporting requirements. FERC revised pipeline scheduling procedures so that capacity release transactions can be better coordinated with the nomination process. Pipelines are required to permit shippers to segment capacity whenever feasible, which increases potential capacity alternatives and helps to facilitate the development of market centers. The changes to the reporting requirements were to provide greater reliability about capacity availability and price data that shippers need to make informed decisions in a competitive market as well as improve shipper's and FERC's availability to monitor marketplace behavior to detect, and remedy anticompetitive behavior. In Order No. 582, the Commission created the Index of Customers filing requirement. Pipelines are required to identify all firm transportation services and contract demand for each customer for each rate schedule. Pipelines must file on the first business day of each calendar quarter and also post the information on their Internet Web sites. These filings include the following data elements: shipper's name (full legal name), contract identifier, rate schedule, contract start date, contract end date, contract quantity, receipt points, delivery points, information on capacity held by rate zones to permit verification of reservation billing determinants, data to assess storage capacity and conjunctions restrictions if any (provisions that operate across multiple points or contracts and may limit a shipper's rights at a particular receipt or delivery point). The index contains fundamental data about the natural gas industry—how much of the pipeline's capacity, shippers have under contract. With this information, the Commission remains apprised of trends in the industry, the willingness of shippers to hold firm capacity, the average length of time capacity remains under contract, the proportion of capacity rolling over under specific provisions. This information provides the Commission with the ability to analyze capacity held on pipelines and provides capacity information to the market which aids the capacity release system by enabling shippers to locate those holding capacity rights that shippers may want to acquire. The information filed with the Commission is mandatory. The Commission implements these filing requirements in the Code of Federal Regulations
(CFR)under 18 CFR Part 284.12 and 13. *Action:* The Commission is requesting reinstatement and a three-year approval of these reporting requirements, with no changes to the existing collection of data. *Burden Statement:* Public reporting burden for this collection is estimated as: Number of respondents annually
(1)Number of responses per respondent *
(2)Average burden hours per response
(3)Total annual burden hours (1)×(2)×(3) 100 (Index of Customers) 100 5.66
(6)290.9 hours
(3)297,201 hours # (1,800 hours) * Estimated total number of responses per year = 478.95. # Includes Index of Customers. Estimated cost burden to respondents: 297,201 hours/2,080 hours per year × $107,185 per year = $15,315,139. The cost per respondent is equal to $153,151. The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:
(1)Reviewing instructions;
(2)developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;
(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;
(4)training personnel to respond to a collection of information;
(5)searching data sources;
(6)completing and reviewing the collection of information; and
(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. *Comments are invited on:*
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on those who are to respond. Magalie R. Salas, Secretary. [FR Doc. E4-727 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR04-9-000] Bay Gas Storage Company, Ltd.; Notice of Petition for Rate Approval March 26, 2004. Take notice that on March 9, 2004, Bay Gas Storage Company, Ltd. (Bay Gas) filed a petition for rate approval pursuant to section 284.123(b)(2) of the Commission's Regulations. Bay State requests the Commission to approve a maximum rate of $3.2993 per MMBtu for firm transportation service, and a maximum rate of $.1085 per MMBtu for interruptible transportation service under Section 311 of the Natural Gas Policy Act. Any person desiring to participate in this rate proceeding must file a motion to intervene or 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 with the Secretary of the Commission on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This petition for rate approval 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 FERRIS link. Enter the docket number excluding the last three digits I the docket number field to access the document. For Assistant, call
(202)502-8222 or for TTY,
(202)502-8659. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Comment Date:* April 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-734 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-225-000] Columbia Gas Transmission Corporation; Notice of Proposed Changes in Ferc Gas Tariff March 26, 2004. Take notice that on March 23, 2004, Columbia Gas Transmission Corporation(Columbia), tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, Eleventh Revised Sheet No. 281, with a proposed effective date of April 22, 2004. Columbia states it is making the filing to revise its right of first refusal
(ROFR)provisions in General Terms and Conditions Section 4 of its Tariff to more explicitly delineate when a shipper must exercise its ROFR, through making the timeline for exercising ROFR where there are no bids for capacity comparable to the existing timeline for exercising ROFR when bids have been received. Columbia Gas states that copies of its filing and 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. E4-735 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-226-000] Columbia Gulf Transmission Company; Notice of Proposed Changes in FERC Gas Tariff March 26, 2004. Take notice that on March 23, 2004, Columbia Gulf Transmission Company (Columbia Gulf) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, Seventh Revised Sheet No. 145, with a proposed effective date of April 22, 2004. Columbia Gulf states it is making the filing to revise its right of first refusal
(ROFR)provisions in General Terms and Conditions section 4 of its Tariff to more explicitly delineate when a shipper must exercise its ROFR, through making the timeline for exercising ROFR where there are no bids for capacity comparable to the existing timeline for exercising ROFR when bids have been received. 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. E4-723 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-14-000 and EL04-29-000] Detroit Edison Company; Notice of Initiation of Proceeding and Refund Effective Date December 2, 2003. Take notice that on December 1, 2003, the Commission issued an order in the above-referenced dockets initiating an investigation in Docket No. EL04-29-000 under section 206 of the Federal Power Act. The refund effective date in Docket No. EL04-29-000, established pursuant section 206(b) of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-724 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP00-6-011 and RP03-173-002] Gulfstream Natural Gas System, L.L.C.; Notice of Compliance Filing March 26, 2004. Take notice that on March 3, 2004, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Second Revised Sheet No. 131, with an effective date of May 1, 2004, and the following tariff sheets, with effective dates of March 1, 2004. Second Revised Sheet No. 137A; First Revised Sheet No. 140; Original Sheet No. 140A; and First Revised Sheet No. 141 Gulfstream states that the purpose of this filing is to comply with the Commission's Order issued in the captioned dockets on February 17, 2004. Gulfstream states that the revised tariff sheets implement a mechanism for charging and crediting OBA Parties when they cash out their imbalances. Gulfstream states that it has served this filing on all parties on the Commission's Official Service List in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's Rules and Regulations. All such protests must be filed on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. 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:* April 1, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-736 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-449-000; RM02-1-000; RM02-1-001; and RM02-1-004] New York Independent System Operator, Inc.; Notice of Meeting on New York Independent System Operator's Compliance With Order No. 2003 March 25, 2004. The Commission hereby gives notice that members of its staff will meet with New York Independent System Operator, Inc. (NYISO) and New York Transmission Owners
(NYTO)on March 30, 2004 from 10:30 a.m. to 12 p.m. The meeting will be held at the Commission, 888 First Street, NE., Washington, DC 20426. The purpose of the meeting is to discuss NYISO's and NYTO's joint compliance filing on Orders No. 2003 and 2003-A. The meeting is open to the public. Parties interested in further information about the meeting may contact Mary Agnes Nimis at
(202)502-8235. During the course of the meeting, it is possible that the discussion may address matters pending in the above-captioned dockets. Magalie R. Salas, Secretary. [FR Doc. E4-725 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-79-000, *et al.* ] Rochester Gas and Electric Corporation, et al.; Electric Rate and Corporate Filings March 25, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Rochester Gas and Electric Corporation, R.E. Ginna Nuclear Power Plant, LLC [Docket No. EC04-79-000] Take notice that on March 23, 2004, Rochester Gas and Electric Corporation (RG&E) and R.E. Ginna Nuclear Power Plant, LLC
(GNPP)(collectively, the Applicants) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act and 18 CFR part 33 for authorization for the sale of jurisdictional facilities owned by RG&E, comprised of limited interconnection and transmission facilities related to an approximately 495 MW nuclear generating plant located in Ontario County, New York, that is commonly known as the Robert E. Ginna Nuclear Power Plant to an indirect subsidiary of Constellation Energy Group, Inc. *Comment Date:* April 19, 2004. 2. Patrick C. Lynch, Attorney General of The State of Rhode Island v. Independent System Operator of New England (ISO-NE) [Docket No. EL04-91-000] Take notice that on March 22, 2004, Patrick C. Lynch, Attorney General of the State of Rhode Island, (Attorney General), petitioned the Commission, pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 207(a)(2) for an order requiring ISO New England, Inc. to immediately issue a ruling declaring that all customers of the New England regional transmission network will be responsible to pay for planned upgrades of the E-183 transmission line, a pooled transmission facility as defined by the 100th Restated NEPOOL Agreement, located within the Cities of Providence and East Providence, Rhode Island. In the alternative, the Attorney General requests that the Commission itself directly order the requested relief. *Comment Date:* April 12, 2004. 3. Midwest Independent Transmission System Operator, Inc. [Docket No. ER02-488-004] Take notice that on March 22, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) tendered for filing in accordance with section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, section 385.205 of the (Commission) regulations, 18 CFR 385.205, and in compliance with the Commission's order in Midwest Independent Transmission System Operator, Inc., 104 FERC ¶ 61,245
(2003)(September 10 Order), its Operating Protocols for Existing Generators, FERC Electric Tariff, Original Rate Schedule FERC No. 4. In addition, the Midwest ISO also renews its pending motion in the proceeding to consolidate the instant docket with FERC Docket No. ER04-458-000. *Comment Date:* April 12, 2004. 4. Cross-Sound Cable Company, LLC [Docket No. ER03-600-004] Take notice that on March 22, 2004, Cross-Sound Cable Company, LLC (CSC LLC) submitted a compliance filing pursuant to the Commission's February 11, 2004 order, in Docket No. ER03-600-000, 106 FERC ¶ 61,116. CSC LLC requests an effective date of February 11, 2004. CSC LLC states that a copy of this filing has been mailed to each person designated on the official service list compiled by the Secretary of the Commission in Docket No. ER03-600-000. *Comment Date:* April 12, 2004. 5. PJM Interconnection, L.L.C. [Docket No. ER03-1101-003] Take notice that on March 22, 2004, PJM Interconnection, L.L.C.
(PJM)filed the 180-day follow-up report, as well as the first of four six-month reports, concerning PJM's credit policy for virtual bidders, as required by the Commission's September 22, 2003 order in *PJM Interconnection, L.L.C.,* 104 FERC ¶ 61,309 (2003). PJM states that copies of this filing have been served on all persons listed on the official service list compiled by the Secretary in this proceeding. *Comment Date:* April 12, 2004. 6. Pacific Gas and Electric Company [Docket No. ER04-377-001] Take notice that on March 22, 2004, Pacific Gas and Electric Company (PG&E) tendered for filing a revised Appendix and Exhibit to the Generator Special Facilities Agreement
(GSFA)between PG&E and Sunrise Power Company, LLC (Sunrise II) (collectively, Parties), and submitted the GSFA and the Generator Interconnection Agreement
(GIA)for redesignation. PG&E states that the revised Appendix A and Exhibit 1 reclassify certain work performed and that the filing does not modify any rate levels. PG&E also states that the Agreements were originally accepted for filing by the Commission in FERC Docket No. ER00-3294-001 and designated as Service Agreement No. 45 under FERC PG&E Electric Tariff, Sixth Revised Volume No. 5. PG&E has requested certain waivers. PG&E states that copies of this filing have been served upon the parties of record in FERC Docket Nos. ER03-1362-000 and ER04-377-000, Sunrise II, La Paloma Power Company, LLC, the California Independent System Operator Corporation, and the California Public Utilities Commission. *Comment Date:* April 12, 2004. 7. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-665-000] Take notice that on March 22, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) pursuant to section 205 of the Federal Power Act and section 35.12 of the Commission's regulations, 18 CFR 35.12 (2003), submitted for filing an Interconnection and Operating Agreement among Adrian Public Utilities, the Midwest ISO and Interstate Power and Light Company, a wholly-owned subsidiary of Alliant Energy Corporation. Midwest ISO states that a copy of this filing was served on all parties. *Comment Date:* April 12, 2004. 8. NorthWestern Energy [Docket No. ER04-666-000] Take notice that on March 22, 2004, NorthWestern Energy, a division of NorthWestern Corporation, tendered for filing a Notice of Cancellation pursuant to 18 CFR 35.15, to reflect cancellation of its FERC Electric Rate Schedule 34, which is an Electric Service Agreement for Emergency-Type Service with East River Electric Power Cooperative (East River). NorthWestern Energy states that the service originally provided under Rate Schedule 34 is now being provided under a new Electric Service Agreement for Emergency-Type Service entered into between NorthWestern Energy and East River on March 3, 2004. *Comment Date:* April 12, 2004. 9. Southern California Edison Company [Docket No. ER04-667-000] Take notice, that on March 22, 2004, Southern California Edison Company
(SCE)tendered for filing the unexecuted Kirkwall Substation Agreement (Kirkwall Agreement) and a revised Service Agreement for Wholesale Distribution Service (Service Agreement) between SCE and the City of Azusa, California (Azusa). SCE requests the Kirkwall Agreement and the revised Service Agreement become effective on March 23, 2004. The Kirkwall Agreement and the revised Service Agreement specify the terms and conditions under which SCE will provide wholesale Distribution Service from the California Independent System Operator Controlled Grid at SCE's Rio Hondo Substation to a new SCE-Azusa interconnection at Kirkwall Substation. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California, and Azusa. *Comment Date:* April 12, 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. E4-737 Filed 03-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2069-007 Arizona] Arizona Public Service Company; Notice of Availability of Final Environmental Assessment March 26, 2004. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed the application for surrender of license for the major, constructed Childs Irving Hydroelectric Project. The project is located on Fossil Creek, in Yavapai and Gila counties, Arizona. The project is located entirely on lands of the National Forest System: It occupies 326.8 acres within the Coconino National Forest and 17.2 acres within the Tonto National Forest. The Commission staff has prepared a Final Environmental Assessment
(FEA)on the license surrender. The FEA contains the staff's analysis of the potential environmental impacts of the retirement of the project and the removal of most of the project facilities, and concludes that surrendering the license, with appropriate environmental protection measures, would not constitute a major federal action that would significantly affect the quality of the human environment. A copy of the FEA 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. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. FOR FURTHER INFORMATION CONTACT: Dianne Rodman at
(202)502-6077. Magalie R. Salas, Secretary. [FR Doc. E4-732 Filed 3-31-04; 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 (19 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 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' 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 thee 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. E4-733 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12451-001] SAF Hydroelectric, LLC; Notice of Application Accepted for Filing; Soliciting Comments, Motions To Intervene And Protests March 26, 2004. Take notice that the following hydroelectric application has been filed with Commission and is available for public inspection: a. *Type of Application:* Original Major License. b. *Project No.:* 12451-001. c. *Date filed:* January 20, 2004. d. *Applicant:* SAF Hydroelectric, LLC. e. *Name of Project:* Lower St. Anthony Falls Hydroelectric Project. f. *Location:* On the Mississippi River, in the Town of Minneapolis, Hennepin County, Minnesota. The project affects federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. §§ 791(a)-825(r). h. *Applicant Contact:* Douglas A. Spaulding P.E., Spaulding Consultants, 1433 Utica Avenue South, Suite 162, Minneapolis, MN 55416,
(952)544-8133 or Robert Larson, 33 South 6th Street, Minneapolis, MN 55402,
(612)343-2913. i. *FERC Contact:* Kim Carter at
(202)502-6486, or *kim.carter@ferc.gov.* j. *Deadline for filing comments, motions to intervene, and protests:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice 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. Comments, Motions to Intervene and Protests may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filing. *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.” k. 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. l. This application is not ready for environmental analysis at this time. m. *Description of Project:* The proposed Lower St. Anthony Falls Hydroelectric Project would be located at the U.S. Army Corps of Engineers (Corps) Lower St. Anthony Falls Lock and Dam and would utilize 5.9 acres of Corps lands. The generation turbines would be located in an auxiliary lock chamber adjacent to the Corp's main lock chamber. An auxiliary building, storage yard, and buried transmission line would occupy additional Corps lands. The project would operate according to the Corp's present operating criteria, which maintains a constant water surface elevation of approximately 750.0 m.s.l. in the 33.5-acre reservoir. The proposed project would consist of the following features:
(1)16 turbine/generator units grouped in eight steel modules 6.2-foot-wide by 12.76 feet high having a total installed capacity of 8,980 kilowatts, each module contains 2 turbine/generator sets (two horizontal rows of 1 unit each) installed in eight stoplog slots on the auxiliary lock structure;
(2)trashracks located at the turbine intake;
(3)a 200-foot-long sheet pile/concrete guide wall, located between the main lock and auxiliary lock, to facilitate navigation;
(4)a 1,050-foot-long, 13,800-volt buried transmission line;
(3)a 21-foot by 81-foot control building to house switchgear and controls;
(4)a 20-foot by 30-foot project office and storage building; and
(5)appurtenant facilities. The applicant estimates that the average annual generation would be about 57,434,000 kilowatt-hours. n. 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. Copies are also available for inspection and reproduction at the addresses in item h above. o. Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice. A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application. When the application is ready for environmental analysis, the Commission will issue a public notice requesting comments, recommendations, terms and conditions, or prescriptions. All filings must
(1)bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, or “COMPETING APPLICATION”;
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person protesting or intervening; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. Magalie R. Salas, Secretary. [FR Doc. E4-728 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 26, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12489-000. c. *Date filed:* February 19, 2004. d. *Applicant:* Ace Wild Farm and Ranch. e. *Name of Project:* Parkers Forge Pond Hydroelectric Project. f. *Location:* On the Winnetuxet River, in Plympton County, Massachusetts, utilizing the Parkers Forge Pond Dam owned by the Town of Plympton, Massachusetts. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Ms. Patricia Renee Pina, President, Aces Wild Farm and Ranch, 59 Parsonage Road, Plympton, MA 02367,
(781)585-3243. i. *FERC Contact:* Robert Bell,
(202)502-6062. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. 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 in 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. *Description of Project:* The proposed run-of-river project would consist of:
(1)An existing 13-foot-high 150-long rockfill dam;
(2)a pond with a normal maximum elevation of 89.95 feet above sea level and a surface area of 5 acres;
(3)a powerhouse containing two new generating units having a total installed capacity of 5 megawatts;
(4)an existing concrete pad tailrace;
(5)a new 13.8-kilovolt 1,600-foot-long transmission line. Applicant estimates that the average annual generation would be 26 gigawatt-hours and would be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application ( *see* 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. 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. 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 “e-filing” link. The Commission strongly encourages electronic filing. s. Filing and Service of Responsive Documents—Any paper filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of these documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. 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. E4-729 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 26, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12490-000. c. *Date filed:* March 1, 2004. d. *Applicant:* City of Grafton, West Virginia. e. *Name of Project:* Tygart Dam Hydroelectric Project. f. *Location:* On Tygart River, in Taylor County, West Virginia, utilizing a federal Dam administered by the U.S. Army Corps of Engineers (Corps). g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) h. *Applicant Contact:* Mayor Jeffrey Tansill, 1 West Main Street, Grafton, WV 26354,
(304)265-1412. i. *FERC Contact:* Robert Bell,
(202)502-6062. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. 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 in 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. *Description of Project:* The proposed project would utilize the existing Corps Tygart Dam and would consist of:
(1)An intake structure;
(2)a 460-foot-long, 15-foot-diameter steel penstock;
(3)a powerhouse containing two generating units having a total installed capacity of 20 megawatts;
(4)a tailrace;
(5)a 6,700-foot-long, 138-kilovolt transmission line; and
(6)appurtenant facilities. Applicant estimates that the average annual generation would be 117 gigawatt-hours and project energy would be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application ( *see* 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *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. 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 “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents* —Any paper filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of these documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comment* —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. E4-730 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 199-205] South Carolina Public Service Authority; Notice of Application Tendered for Filing With the Commission, Soliciting Additional Study Requests, and Establishing Procedural Schedule for Relicensing and a Deadline for Submission of Final Amendments March 26, 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.:* 199-205. c. *Date Filed:* March 15, 2004. d. *Applicant:* South Carolina Public Service Authority. e. *Name of Project:* Santee Cooper Hydroelectric Project. f. *Location:* On the Santee and Cooper Rivers in Berkeley, Calhoun, Clarendon, Orangeburg, and Sumter counties, near Moncks Corner, South Carolina. The project does not affect federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* John Dulude, South Carolina Public Service Authority, One Riverwood Plaza, P.O. Box 2946101, Moncks Corner, SC 29461-2901,
(843)761.4046. i. *FERC Contact:* Ronald McKitrick,
(770)452.3778 or *ronald.mckitrick@ferc.gov.* j. *Cooperating agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item l below. k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. *Deadline for filing additional study requests and requests for cooperating agency status:* May 14, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. m. This application is not ready for environmental analysis at this time. n. The existing Santee Cooper Project consists of the Santee Development:
(1)Hydraulic fill 4.4 mile long, 50 foot high North Dam
(2)homogeneous rolled, 2.8 mile long, 48 foot high South Dam
(3)3,358 foot spillway, powerhouse with the installed capacity of 1.92 MW; the Cooper Development
(4)earthfill, 3,700 foot long, 60 foot high East Dam,
(5)earthfill, 6,000 foot long, 78 foot high West Dam,
(6)uncompacted fill, 29.8 mile long, 25 foot high, east, west, north dikes,
(7)powerhouse with the installed capacity of 132.62 MW, and
(8)appurtenant facilities. The applicant estimates that the total average annual generation would be 106, 530 megawatthours. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the *South Carolina STATE HISTORIC PRESERVATION OFFICER (SHPO),* as required by § 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. q. *Procedural schedule and final amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. Issue Deficiency Letter—July 2004 Issue Acceptance Letter—October 2004 Issue Scoping Document 1 for comments—January 2005 Request Additional Information—March 2005 Issue Scoping Document 2—April 2005 Notice of application is ready for environmental analysis—May 2005 Notice of the availability of the EA—November 2005 Ready for Commission's decision on the application—February 2006 Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Magalie R. Salas, Secretary. [FR Doc. E4-731 Filed 3-31-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration [Rate Order No. WAPA-112] Desert Southwest Customer Service Region AGENCY: Western Area Power Administration, DOE. ACTION: Notice of order extending network integration transmission and ancillary service rates. SUMMARY: This action is to extend the existing Rate Schedules DSW-SD1, DSW-RS1, DSW-FR1, DSW-EI1, DSW-SPR1, DSW-SUR1, PD-NTS1, and INT-NTS1 for the Desert Southwest Customer Service Region network integration transmission services for the Parker-Davis Project and the Pacific Northwest-Pacific Southwest Intertie Project and ancillary services for the Western Area Lower Colorado control area through March 31, 2005. The additional time is needed to accommodate changes in the firm transmission rate due to the upcoming Multi-System Transmission Rate
(MSTR)Public Process. FOR FURTHER INFORMATION CONTACT: Mr. Jack Murray, Rates Team Lead, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457,
(602)352-2442, e-mail *jmurray@wapa.gov* . SUPPLEMENTARY INFORMATION: By Delegation Order No. 00-037.00 approved December 6, 2001, the Secretary delegated:
(1)The authority to develop power and transmission rates on a nonexclusive basis to the Administrator of the Western Area Power Administration (Western);
(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary; and
(3)the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Federal Energy Regulatory Commission. The existing rates contained within Rate Order No. WAPA-84 were approved for a 5-year period, beginning April 1, 1999, and ending March 31, 2004. Western is currently evaluating methodologies and preparing to enter into a public process proposing an MSTR for cost recovery purposes for the Parker-Davis Project, the Pacific Northwest-Pacific Southwest Intertie Project and the Central Arizona Project. The methodologies to charge for the network integration transmission service are currently written to apply to each Project. Through the public process, these service methodologies will be changed to accommodate some variation of the proposed MSTR. Western believes that the additional time afforded by extending the date for the expiration of the network integration transmission and ancillary services will allow Western to develop new rates to facilitate cost recovery in the future. In order to conduct the planned MSTR public process, the current Rate Schedules must be extended pursuant to 10 CFR 903. The rate schedules covered by Rate Order No. WAPA-84 will be extended under Rate Order No. WAPA-112. Western's existing formulary rate schedules for network integration transmission and ancillary services, which are recalculated annually, would sufficiently recover project expenses (including interest) and capital requirements through March 31, 2005. Following review of Western's proposal within the DOE, I approve Rate Order No. WAPA-112, which extends the existing Network Integration Transmission and Ancillary Service Rates through March 31, 2005. Dated: March 22, 2004. Kyle E. McSlarrow, Deputy Secretary. Order Confirming and Approving an Extension of the Desert Southwest Customer Service Region Network Integration Transmission and Ancillary Service Rates These service rate methodologies were established following section 302 of the Department of Energy
(DOE)Organization Act (42 U.S.C. 7152). This Act transferred to and vested in the Secretary of Energy (Secretary) the power marketing functions of the Secretary of the Department of the Interior and the Bureau of Reclamation under the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent enactments, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), and other Acts that specifically apply to the project system involved. By Delegation Order No. 00-037.00 approved December 6, 2001, the Secretary delegated:
(1)The authority to develop power and transmission rates on a non-exclusive basis to the Administrator of the Western Area Power Administration (Western);
(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary; and
(3)the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Federal Energy Regulatory Commission. This rate extension is issued following the Delegation Order and the DOE rate extension procedures at 10 CFR 903.23(b). Background The existing rates contained within Rate Order No. WAPA-84 were approved for 5 years, beginning April 1, 1999, and ending March 31, 2004. Discussion Western is currently evaluating methodologies and preparing to enter into a public process proposing a Multi-System Transmission Rate
(MSTR)for cost recovery purposes for the Parker-Davis Project, the Pacific Northwest-Pacific Southwest Intertie Project, and the Central Arizona Project. The methodology to charge for the network integration transmission service is currently written to apply to each Project. Through the public process, the service methodology may be changed to accommodate the proposed MSTR. Western believes that the additional time afforded by extending the date for the expiration of the network integration transmission and ancillary services will allow Western to develop these rates to facilitate cost recovery. Therefore, time requirements make it necessary to extend the current rates pursuant to 10 CFR 903. Upon its approval, Rate Order No. WAPA-84 will be extended under Rate Order No. WAPA-112. Order In view of the above and under the authority delegated to me by the Secretary, I hereby extend the existing Ancillary Service Rate Schedules DSW-SD1, DSW-RS1, DSW-FR1, DSW-EI1, DSW-SPR1, DSW-SUR1, and the existing network integration transmission rate schedules PD-NTS1, and INT-NTS1. These existing Rate Schedules shall remain in effect through March 31, 2005. Dated: March 22, 2004. Kyle E. McSlarrow, Deputy Secretary. [FR Doc. 04-7327 Filed 3-31-04; 8:45 am]
Connectionstraces to 20
7 references not yet in our index
  • 15 USC 717c-717o
  • 15 USC 3301-3432
  • 18 CFR 33
  • 18 CFR 207(a)(2)
  • 18 CFR 380
  • 19 CFR 380
  • 10 CFR 903
Citation graph
cites case law
Cites 27 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.