Fed. Reg. Notices — DEPARTMENT OF ENERGY

BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-200-119] CenterPoint Energy Gas Transmission Company; Notice of Negotiated Rate Filing April 2, 2004. Take notice that on March 30, 2004, CenterPoint Energy Gas Transmission Company

(CEGT)tendered for filing and approval negotiated rate agreements between CEGT and Tenaska Gas Storage, LLC, Oneok Energy Marketing and Trading Company, L.P., and Coral Energy Resources, L.P. CEGT has entered into agreements to provide park and loan service to these shippers under Rate Schedule PHS to be effective April 1, 2004. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-789 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-625-001 Chandeleur Pipe Line Company; Notice of Motion to Place Tariff Sheets into Effect April 2, 2004. Take notice that on March 26, 2004 Chandeleur Pipe Line Company (Chandeleur), pursuant to 154.206 of the Commission's regulations, and the Commission's order issued October 31, 2003, and the terms of the settlement agreement filed with the Commission in the captioned docket on March 15, 2004, tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, 2nd Revised Fourteenth Rev. Sheet No. 5, to become effective April 1, 2004. Chandeleur states that the purpose of the filing is to place into effect on April 1, 2004, the end of the suspension period in this proceeding, the rates which reflect the agreement of the parties in a settlement filed with the Commission on March 15, 2004. Chandeleur states that, should the Commission fail to approve the lower settlement rates, Chandeleur reserves the right to place the rates on Substitute Fourteenth Revised Sheet No. 5 into effect as such were accepted and suspended by Commission Orders dated October 31, 2004, and December 29, 2003. Chandeleur notes that copies of the filing have been served upon all participants on the official service list and upon all jurisdictional customers and interested parties. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed on or before the protest date as shown below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Protest Date:* April 9, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-791 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-234-000] East Tennessee Natural Gas Company; Notice of Cashout Report and Refund Plan April 2, 2004. Take notice that on March 29, 2004, East Tennessee Natural Gas Company (East Tennessee) tendered for filing its annual cashout report and refund plan for the November 2002 through October 2003 period in accordance with Rate Schedules LMS-MA and LMS-PA. East Tennessee states that in accordance with its Rate Schedules LMS-MA and LMS-PA, upon the Commission's approval of the refund plan included in the filing, East Tennessee proposes to refund to its customers $341,554 resulting from cashout operations. East Tennessee states that copies of the filing were mailed to all affected customers of East Tennessee and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Intervention and Protest Date:* April 9, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-794 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-12-003] Florida Gas Transmission Company; Notice of Motion To Place Suspended Rates and Tariff Sheets Into Effect April 2, 2004. Take notice that on March 31, 2004, Florida Gas Transmission Company

(FGT)tendered for filing to become part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets, effective April 1, 2004: Substitute Sixty-Second Revised Sheet No. 8A Substitute Fifty-Fourth Revised Sheet No. 8A.01 Substitute Fifty-Fourth Revised Sheet No. 8A.02 Substitute Second Revised Sheet No. 8A.03 Substitute Fifty-Seventh Revised Sheet No. 8B Substitute Fiftieth Revised Sheet No. 8B.01 Substitute Seventh Revised Sheet No. 8B.02 FGT states that pursuant to section 4(e) of the Natural Gas Act and sections 154.7, 154.201, *et seq.* , and 154.301, *et seq.* , of the Commission's Regulations; Article XV of the Settlement in Docket No. RP96-366-000, *et al.* , approved at 80 FERC ¶61,349 (1997); and Article IV(E) of the Settlement in Docket Nos. CP99-94 and RP96-366, approved at 88 FERC ¶61,142 (1999), FGT made a filing on October 1, 2003 (October 1 Filing), to effectuate increases in rates and changes in the terms and conditions applicable to FGT's jurisdictional services. FGT states that it requested that such increases and changes be made effective November 1, 2003. FGT explains that, in the Suspension Order, the Commission:

(1)Accepted and suspended certain tariff sheets to be effective April 1, 2004, subject to refund and the outcome of hearing procedures;

(2)established a technical conference to address certain tariff proposals; and

(3)accepted certain tariff sheets to be effective November 1, 2003, subject to condition. FGT further states that pursuant to the Suspension Order and section 154.206(a) of the Commission's Regulations, FGT is making the instant filing to move into effect the rates and tariff sheets listed in Appendix A, as modified to reflect the elimination of costs of facilities not in service by February 29, 2004. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed on or before the protest date as shown below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Protest Date:* April 9, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-792 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-235-000] Kern River Gas Transmission Company; Notice of Proposed Changes in FERC Gas Tariff April 2, 2004. Take notice that on March 31, 2004, Kern River Gas Transmission Company (Kern River) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to be effective May 1, 2004: Second Revised Sheet No. 17 Second Revised Sheet No. 59 Second Revised Sheet No. 125 Second Revised Sheet No. 126 Sixth Revised Sheet No. 140 Third Revised Sheet No. 400 Third Revised Sheet No. 401 Third Revised Sheet No. 420 Kern River states that the purpose of this filing is to revise Kern River's tariff to add a provision that would allow Kern River and its shippers to establish discounted rates that are calculated using formulas based on published index prices for specific receipt and/or delivery points or other published pricing reference points. Such index-based, discounted rates would be available for firm service (including capacity release), as well as for interruptible service. Kern River states that it has served a copy of this filing upon its customers and interested State regulatory commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-795 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-163-001] Midwestern Gas Transmission Company; Notice of Compliance Filing April 2, 2004. Take notice that on March 29, 2004, Midwestern Gas Transmission Company (Midwestern) tendered for filing to become part of its FERC Gas Tariff, Third Revised Volume No. 1, Substitute Original Sheet No. 275, to become effective March 10, 2004. Midwestern states that this filing is made to comply with Paragraph 10 of the Commission's order issued on March 8, 2004, in Docket No. RP04-163-000. Midwestern states that copies of this filing have been sent to all parties of record in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-793 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-236-000] National Fuel Gas Supply Corporation; Notice of Tariff Filing April 2, 2004. Take notice that on March 31, 2004, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Sixty Second Revised Sheet No. 9, to become effective April 1, 2004. National states that Article II, sections 1 and 2 of the settlement provide that National will recalculate the maximum Interruptible Gathering

(IG)rate semi-annually and monthly. National further states that, section 2 of Article II provides that the IG rate will be the recalculated monthly rate, commencing on the first day of the following month, if the result is an IG rate more than 2 cents above or below the IG rate as calculated under section 1 of Article II. National indicates that the recalculation produced an IG rate of $0.61 per dth. In addition, National notes that, under Article III, section 1, any overruns of the Firm Gathering service provided by National shall be priced at the maximum IG rate. 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. E4-796 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-545-000 and ER04-545-001] Redwood Energy Marketing, LLC; Notice of Issuance of Order April 2, 2004. Redwood Energy Marketing, LLC (Redwood Energy) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed rate schedule provides for wholesale sales of capacity and energy at market-based rates. Redwood Energy also requested waiver of various Commission regulations. In particular, Redwood Energy requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by the Redwood Energy. On April 1, 2004, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Redwood Energy should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with rules 211 and 214 of the Commission's rules of practice and procedure (18 CFR 385.211 and 385.214). Notice is hereby given that the deadline for filing motions to intervene or protests, as set forth above, is May 3, 2004. Absent a request to be heard in opposition by the deadline above, Redwood Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Redwood Energy compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of Redwood Energy's issuances of securities or assumptions of liability. Copies of the full text of the Order are available from the Commission's Public Reference Branch, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the elibrary (FERRIS) link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E4-799 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-237-000] Trailblazer Pipeline Company; Notice of Proposed Change in FERC Gas Tariff April 2, 2004. Take notice that on March 31, 2004, Trailblazer Pipeline Company (Trailblazer) tendered for filing to become part of its FERC Gas Tariff, Third Revised Volume No. 1, Second Revised Sheet No. 8 to be effective May 1, 2004. Trailblazer states that the purpose of this filing is to make a periodic adjustment which revises the level of the Expansion Fuel Adjustment Percentage, as required by section 41 of the General Terms and Conditions of Trailblazer's Tariff. Trailblazer states that copies of the filing are being mailed to its customers and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(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. E4-797 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-83-001, et al.] Aquila, Inc., et al.; Electric Rate and Corporate Filings April 2, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Aquila, Inc., Aquila Long Term, Inc. [Docket No. EC04-83-001] Take notice that on March 31, 2004, Aquila, Inc. and Aquila Long Term, Inc. (Applicants), filed revisions to their application filed March 26, 2004, pursuant to section 203 of the Federal Power Act and section 33 of the Commission's regulations requesting approval of the transfer of two power sales agreements to Tor Power, LLC. *Comment Date:* April 21, 2004. 2. Duke Energy Trading and Marketing, L.L.C. [Docket No. EC04-85-000] Take notice that on March 31, 2004, Duke Energy Trading and Marketing, L.L.C.

(DETM)filed with the Commission an application pursuant to section 203 of the Federal Power Act for authorization of the transfer by DETM of certain wholesale power contracts to Williams Power Company, Inc. *Comment Date:* April 21, 2004 3. TransCanada Corporation, TransCanada PipeLines Limited, TransCanada PipeLine USA Ltd., Manchief Holding Company, TCPL Power (Colorado) Inc., Manchief Inc., TransCanada (Curtis Palmer) Ltd., TransCanada (Hydroelectric) USA Ltd., TCPL Power (New York) Inc., Curtis Palmer Inc. [Docket No. EC04-86-000] Take notice that on March 31, 2004, TransCanada Corporation, TransCanada PipeLines Limited, TransCanada PipeLine USA Ltd., Manchief Holding Company, TCPL Power (Colorado) Inc., Manchief Inc., TransCanada (Curtis Palmer) Ltd., TransCanada (Hydroelectric) USA Ltd., TCPL Power (New York) Inc., and Curtis Palmer Inc. (jointly, Applicants) filed an application under section 203 of the Federal Power Act

(FPA)requesting authorization for

(1)a proposed change in the upstream ownership of Manchief Power LLC (Manchief Power) and Curtis Palmer Hydroelectric Company L.P. (Curtis Palmer), both of which own generating plants and facilities that are subject to the Commission's jurisdiction under the FPA and

(2)the conversion of certain corporations that are upstream owners of Manchief Power and Curtis Palmer to limited liability companies. Applicants request expedited consideration of the Application and privileged treatment for certain exhibits pursuant to 18 CFR 33.9 and 388.112. *Comment Date:* April 21, 2004. 4. Innovative Energy Consultants Inc., SE Holdings LLC, Strategic Energy LLC [Docket No. EC04-87-000] Take notice that on March 31, 2004, Innovative Energy Consultants Inc. (IEC), SE Holdings, LLC (SE Holdings), and Strategic Energy LLC (Strategic Energy) filed with the Commission an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities whereby SE Holdings will sell to IEC a portion of its indirect interests in Strategic Energy, a power marketer that has received market-based rate authority from the Commission. Applicants state that the transaction will have no adverse effect on competition, rates or regulation. *Comment Date:* April 21, 2004. 5. American Electric Power Service Corporation, Oklaunion Electric Generating Cooperative, Inc., and Golden Spread Electric Cooperative, Inc. [Docket No. EC04-88-000] Take notice that on April 1, 2004, American Electric Power Service Corporation (AEPSC), acting on behalf of its electric utility subsidiary, AEP Texas Central Company, formerly known as Central Power and Light Company (TCC), Golden Spread Electric Cooperative, Inc. (Golden Spread) and Oklaunion Electric Generating Cooperative, Inc.,

(OEGC)submitted an application for approval of the transfer by TCC to OEGC of certain jurisdictional facilities associated with TCC's 7.81% undivided ownership interest in the 690 MW Oklaunion Unit No.1, pursuant to section 203 of the Federal Power Act (Act), 16 U.S.C. 824b (2003), and part 33 of the regulations of the Commission, as revised pursuant to Order No. 642, FERC Stats. & Regs. ¶31,111 (2000). Such transfer is proposed to be made to comply with the Texas Public Utility Regulatory Act. AEPSC request expedited consideration of the application and privileged treatment of certain exhibits to the application. AEPSC states that a copy of the filing has been served on the Public Utility Commission of Texas and the Oklahoma Corporation Commission. *Comment Date:* April 22, 2004. 6. Pacific Gas and Electric Company [Docket No. ER03-1091-003] Take notice that on March 5, 2004, Pacific Gas and Electric Company (PG&E) submitted a refund report in response to and in compliance with the Commission's November 6, 2003, letter order regarding various generator interconnection agreements in Docket Nos. ER03-1091-000 and -001. PG&E states that copies of this filing have been served upon Weillhead Power Panoche, LLC, Wellhead Power Gates, LLC, CalPeak Power Vaca Dixon, LLC, High Winds, LLC, Energy Transfer—Hanover Ventures, LP, Duke Energy Morro Bay, Global Renewable Energy Partners, Inc., 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. ER04-691-000] Take notice that on March 31, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted its revised Open Access Transmission and Energy Markets Tariff (Tariff) consistent with earlier Commission orders, 102 FERC ¶61,196 (2003); *order on reh'g* , 103 FERC ¶61,120 (2003); 105 FERC ¶ 61,145 (2003), *reh'g denied* , 105 FERC ¶61,272 (2003). The Tariff includes those terms and conditions that the Midwest ISO states are necessary for the implementation of the Midwest ISO's Centralized Security Constrained Economic dispatch supported by Day-Ahead and Real-Time Energy Markets and congestion management provisions based on Locational Marginal Pricing and Financial Transmission Rights within the Midwest ISO Region. The Midwest ISO has also requested waiver of the service requirements set forth in 18 CFR 385.2010. The Midwest ISO has electronically served a copy of this filing, with attachments, upon all Midwest ISO Members, Member representatives of Transmission Owners and Non-Transmission Owners, the Midwest ISO Advisory Committee participants, Policy Subcommittee participants, as well as all State commissions within the region. In addition, the filing has been electronically posted on the Midwest ISO's Web site at *www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO will provide hard copies to any interested parties upon request. *Comment Date:* May 7, 2004. 8. Midwest Energy, Inc. [Docket No. ES04-17-000] Take notice that on March 26, 2004, the Midwest Energy, Inc. (Midwest Energy) submitted an application pursuant to section 204 of the Federal Power Act requesting that the Commission:

(1)Authorize Midwest Energy to borrow up to $38 million in long-term debt under a Loan Agreement between Midwest Energy and the National Rural Utilities Cooperative Finance Corporation during the two-year period commencing July 1, 2004; and

(2)authorize Midwest Energy to borrow up to $15 million in short-term debt during the two year period commencing July 1, 2004. Midwest Energy also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. *Comment Date:* April 22, 2004. Standard Paragraph Any person desiring to intervene or to protest this filing should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with rules 211 and 214 of the Commission's rules of practice and procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “FERRIS” link. Enter the docket number excluding the last three digits in the docket number filed to access the document. For assistance, call

(202)502-8222 or TTY,

(202)502-8659. Protests and interventions may be filed electronically via the Internet in lieu of paper; *see* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Linda Mitry, Acting Secretary. [FR Doc. E4-787 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-38-001, et al.] Duke Energy Marketing America, LLC, et al.; Electric Rate and Corporate Filings April 1, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Duke Energy Marketing America, LLC and Engage Energy, LLC [Docket No. EC04-38-001] Take notice that on March 29, 2004, Duke Energy Marketing America, LLC

(DEMA)and Engage Energy, LLC (Engage) filed with the Commission a request for additional flexibility pursuant to section 203 of the Federal Power Act in implementing DEMA's acquisition of Engage. *Comment Date:* April 19, 2004. 2. Great Bay Hydro Corporation [Docket No. EG04-46-000] On March 30, 2004, Great Bay Hydro Corporation (Great Bay), a corporation organized under the laws of the State of New Hampshire, filed with the Federal Energy Regulatory Commission (the Commission) an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations and section 32 of the Public Utility Holding Company Act of 1935 (PUHCA). Great Bay states that copies of the application were served upon the Securities and Exchange Commission, the New Hampshire Public Utilities Commission, the Vermont Public Service Board and the Vermont Department of Public Service. *Comment Date:* April 20, 2004. 3. Northeast Utilities Service Company, the Connecticut Light and Power Company, Public Service Company of New Hampshire, and Western Massachusetts Electric Company [Docket No. EL04-92-000] Take notice that on March 26, 2004, Northeast Utilities Service Company, on behalf of The Connecticut Light and Power Company, Public Service of New Hampshire, and Western Massachusetts Electric Company (collectively, Applicants), tendered for filing a request for the Commission to issue an order approving the Applicants' proposed reclassification of transmission and distribution facilities. *Comment Date:* April 23, 2004. 4. R.W. Beck Plant Management, Ltd. [Docket No. EL04-93-000] Take notice that on March 29, 2004, R.W. Beck Plant Management Ltd.

(Beck)filed with the Commission an application requesting that the Commission issue an order

(1)Disclaiming Federal Power Act

(FPA)jurisdiction over Beck, (which acts as manager of a company that owns a currently idle 526 MW electric generating facility in Attala County, Mississippi) or, in the alternative, granting certain waivers of the Commission's regulations, and

(2)confirming that Beck requires no additional FPA section 203 approval before operations at the facility recommence. *Comment Date:* April 14, 2004. 5. Redbud Energy, LP [Docket No. ER01-1011-002] Take notice that on March 29, 2004, Redbud Energy LP (Redbud), submitted for filing its triennial updated market analysis and certain revisions to its FERC Electric Tariff, Original Volume No. 1 to include incorporation of the Market Behavior Rules set forth in *Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations* , 105 FERC ¶ 61,218 (2003). *Comment Date:* April 19, 2004. 6. XL Weather & Energy Inc. and XL Trading Partners America LLC [Docket Nos. ER03-330-002 and ER04-350-001] Take notice that on March 26, 2004, XL Weather & Energy Inc. (XL Weather) and XL Trading Partners America LLC (XL Trading America) submitted notification of a non-material change in the characteristics that the Commission relied upon in granting XL Weather's and XL Trading America's market-based rate authorizations. *Comment Date:* April 16, 2004. 7. New England Power Pool [Docket No. ER04-335-002] Take notice that on March 29, 2004, the New England Power Pool (NEPOOL) Participants Committee filed changes to section 10 of NEPOOL Market Rule 1 in compliance with the Commission's order issued February 27, 2004, in Docket No. ER04-335-000, *New England Power Pool* , 106 FERC ¶ 61,190 (2004). The NEPOOL states that copies of these materials were sent to the NEPOOL Participants and the New England State governors and regulatory commissions. *Comment Date:* April 19, 2004. 8. Vermont Electric Cooperative, Inc. [Docket No. ER04-341-001] Take notice that on March 29, 2004, Vermont Electric Cooperative, Inc.

(VEC)tendered for filing certain proposed revisions to its Open Access Transmission Tariff and proposed First Revised Rate Schedules FERC Nos. 3-9, as well as certain cost information. VEC states that the filing is intended to comply with the requirements of the Commission's order issued in Docket No. ER04-341-000 on February 12, 2004. Consistent with this order, VEC requests an effective date for its proposed revisions as of the date of the closing under a Purchase and Sale Agreement by which VEC has agreed to purchase from Citizens Communications Company (Citizens) certain electric transmission and distribution facilities in Vermont. VEC states that each of the customers under the OATT and rate schedules, Citizens, the Vermont Public Service Board, and the Vermont Department of Public Service were mailed copies of the filing. *Comment Date:* April 19, 2004. 9. New York Independent System Operator, Inc. [Docket Nos. ER03-552-008 and ER03-984-006] Take notice that on March 29, 2004, the New York Independent System Operator, Inc. (NYISO) submitted a report regarding potential settlement and customer credit enhancements in compliance with the Commission's order issued September 22, 2003, in Docket No. ER03-352-000, *et al.* *Comment Date:* April 19, 2004. 10. Tucson Electric Power Company [Docket No. ER04-648-001] Take notice that on March 29, 2004, Tucson Electric Power Company (Tucson) submitted a Certificate of Concurrence to the March 15, 2004, filing in Docket No. ER04-648-000 by Public Service Company of New Mexico of the 2004 Interim Invoicing Agreement for the San Juan Generating Station, dated as of January 31, 2004. Tucson states that a copy of this filing has been mailed to all interested parties. *Comment Date:* April 19, 2004. 11. New England Power Pool [Docket No. ER04-677-000] Take notice that on March 29, 2004, the New England Power Pool (NEPOOL) Participants Committee filed materials to implement arrangements to compensate Exelon New England Holdings, LLC for costs incurred in connection with the operation of its Mystic 8 and 9 Units on January 14-16, 2004, at the direction of ISO New England Inc. NEPOOL requests an effective date of one business day following a Commission order accepting the filing, but in no event later than May 28, 2004. The NEPOOL Participants Committee states that copies of these materials were sent to the NEPOOL Participants and the New England State governors and regulatory commissions. *Comment Date:* April 19, 2004. 12. PPL Electric Utilities Corporation [Docket No. ER04-679-000] Take notice that on March 29, 2004, PPL Electric Utilities Corporation (PPL Electric) filed an Interchange Scheduling Agreement between PPL Electric and Mt. Carmel Cogen, Inc. PPL Electric states that a copy of this filing has been provided to Mt Carmel Cogen, Inc. *Comment Date:* April 19, 2004. 13. West Penn Power Company [Docket No. ER04-681-000] Take notice that on March 29, 2004, Allegheny Energy Service Corporation on behalf of West Penn Power Company (West Penn) tendered for filing pursuant to the Commission's regulations, 18 CFR 35.15, a Notice of Cancellation of West Penn Power Company, Rate Schedule FERC No. 102, consisting of a Transition Service Agreement with Letterkenny Industrial Development Authority. West Penn requests an effective date of May 2, 2004, for the cancellation. *Comment Date:* April 19, 2004. 14. Central Maine Power Company [Docket No. ER04-682-000] Take notice that on March 29, 2004, Central Maine Power Company

(CMP)tendered for filing an Executed Service Agreement for Non-Firm Local Point-to-Point Transmission Service between CMP and Androscoggin Reservoir Company designated as CMP-FERC Electric Tariff, Fifth Revised Volume No. 3, First Revised Service Agreement Number 194. *Comment Date:* April 19, 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. E4-788 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2835-005 New York] New York State Electric and Gas Corporation; Notice of Availability of Environmental Assessment April 2, 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 relicensing the Rainbow Falls Hydroelectric Project located on the Ausable River in Clinton and Essex counties, New York, and has prepared an Environmental Assessment

(EA)for the project. The EA contains the staff's analysis of the potential environmental effects of the project and concludes that licensing the project, with appropriate environmental protective measures, would not constitute a major Federal action that would significantly affect the quality of the human environment. A copy of the EA is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

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

(202)502-8659. Any comments should be filed within 30 days from the date of this notice and should be addressed to Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please affix “Rainbow Falls Project No. 2835-005” to all comments. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. For further information, contact Jack Hannula at

(202)502-8917 or by E-mail at *John.Hannula@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E4-798 Filed 4-8-04; 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 April 2, 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 merits of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with rule 2010, 18 CFR 385.2010. Exempt off-the-record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of prohibited and exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary (FERRIS) link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

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

(202)502-8659. Docket no. Date filed Presenter or requester Prohibited 1. Project No. 2342-000 3-25-04 Kathy B. Newman. 2. Project No. 2342-000 4-01-04 Aimee Durden. 4. CP04-58-000 3-29-04 Michael Boyd. Exempt 1. ER04-316-000 3-24-04 Hon. Doug Ose. 2. CP03-75-000 3-31-04 Ken Gathright. 3. CP03-75-000 3-31-04 Frederick T. Werner. Magalie R. Salas, Secretary. [FR Doc. E4-790 Filed 4-8-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6650-2] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at

(202)564-7167. An explanation of the ratings assigned to draft environmental impact statements

(EISs)was published in the **Federal Register** dated April 2, 2004 (69 FR 17403). Draft EISs ERP No. D-AFS-L65443-OR Rating EO2, Biscuit Fire Recovery Project, various management activities alternatives, implementation, Rogue River and Siskiyou National Forests, Josephine and Curry Counties, OR. *Summary:* EPA expressed environmental objections with adverse impacts to water quality under the preferred alternative. Impacts from increased sediment delivery to already impaired surface waters could cause long term exceedances in State Water Quality standards and effects on designated beneficial uses (salmonid rearing). EPA's other concerns included impacts to waters in the Northwest Forest Plan-designated key watersheds, Wild and Scenic Rivers, and potential wilderness values in Inventoried Roadless Areas. ERP No. D-FHW-F40420-MN Rating EC2, I-94/TH-10 Interregional connection from St. Cloud to Becker, transportation improvements, funding and U.S. Army COE section 404 permit, in the cities of Becker and St. Cloud, Sherburn, Stearns and Wright Counties, MN. *Summary:* EPA has environmental concerns with the proposed project related to the secondary land use and cumulative impacts associated with the project. EPA also recommends that a mitigation plan with specific mitigation measures be developed and included in the FEIS for the preferred alternative identified. ERP No. D-IBR-K65262-CA Rating EC2, Lake Berryessa Visitor Services Plan, future use and operation, Solano Project Lake Berryessa, Napa County, CA. *Summary:* EPA expressed environmental concerns that significant increases in visitor use under the proposed VSP could result in negative impacts to air and water quality. EPA requested information on estimated future use and environmental impacts be included in the FEIS. Final EISs ERP No. F-AFS-C65003-PR, Caribbean National Forest, Rio Sabana picnic area construction, Rio Sabana Trail Reconstruction and PR-191 Highway Reconstruction from km.21.3 to km 20.0, implementation and special-use permit issuance, PR. *Summary:* Based upon the additional information provided in the final EIS, EPA does not have any objections to the implementation of the preferred alternative. ERP No. F-AFS-J65383-MT, Logan Creek Ecosystem Restoration Project, hazardous fuel reduction across the landscape and vegetation management restoration or maintenance, Flathead National Forest, Tally Lake Ranger District, Flathead County, MT. *Summary:* EPA expressed environmental concerns with short-term water quality effects of road construction and vegetation treatments. However, modifications to the preferred alternative should improve water quality and fisheries habitat, and reduce risk of severe wildfire over the long term. ERP No. F-AFS-J65388-UT, North Rich Cattle Allotment, proposal to authorize grazing, implementation, Logan District, Wasatch-Cache National Forest, Cache and Rich Counties, UT. *Summary:* EPA continued to express environmental concerns about impacts to water quality and aquatic resources, soil resources, and wildlife habitat. ERP No. F-AFS-J65391-WY, Blackhall-McAnulty Analysis Area, proposal to reduce the spread of Dwarf Mistletoe and Mountain Pine Beetle in Lodgepole Pine Stands, Brush Creek/ Hayden Ranger District, Medicine Bow-Routt National Forests and Thunder Basin National Grassland, Carbon County, WY. *Summary:* EPA continued to express environmental concerns with disturbances to terrestrial habitat and watersheds and impacts within the project area. The final EIS did however propose to minimize impacts on the landscape and decommission roads while meeting project goals. ERP No. F-AFS-K61158-CA, Silver Pearl Land Exchange Project, proposal to exchange 2,153 acres of National Forest System

(NFS)land for up to 3,963 acres of Sierra Pacific Industries

(SPI)land within the boundary of Eldorado National Forest, Eldorado and Placer Counties, CA. *Summary:* The final EIS adequately addresses issues raised in our comment letter on the DEIS. ERP No. F-AFS-K65260-AZ, Rodeo-Chediski Fire Salvage Project, timber harvest of merchantable dead trees as sawtimber and products other than lumber (POL), implementation, Apache-Sitgreaves and Tonto National Forests, Apache, Coconino and Navajo Counties, AZ. *Summary:* EPA continues to express environmental concerns regarding cumulative impacts and potential impacts to watershed conditions. ERP No. F-AFS-L65426-OR, Flagtail Fire Recovery Project, addressing the differences between existing and desired conditions, Blue Mountain Ranger District, Malheur National Forest, Grant County, OR. *Summary:* No formal comment letter was sent to the preparing agency. ERP No. F-FRC-H03000-00, Cheyenne Plains Pipeline Project, natural gas transmission pipeline construction and operation, NPDES permit and U.S. Army COE section 404 permit issuance, several counties, CO and several counties, KS. *Summary:* EPA has no objection to the proposed action since previous issues were resolved. ERP No. FA-COE-E36167-FL, Central and Southern Florida Project, Tamiami Trail Feature (US Highway 41), modified water deliveries to Everglades National Park, Dade County, FL. *Summary:* EPA has no environmental objections to the measures proposed to protect the Tamiami roadway. Dated: April 6, 2004. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. 04-8098 Filed 4-8-04; 8:45 am]

Notices. DEPARTMENT OF ENERGY