Notices. DEPARTMENT OF ENERGY

5,605 words·~25 min read·/register/2004/04/26/04-9359

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

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP00-331-006 and RP01-23-008 and RP03-176-004] Algonquin Gas Transmission Company; Notice of Compliance Filing April 16, 2004. Take notice that on April 12, 2004, Algonquin Gas Transmission Company (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, the tariff sheets listed in Appendices A and B of the filing to be effective on September 1, 2003 and April 1, 2004, respectively.

Algonquin states that the purpose of this filing is to comply with the Commission's March 30, 2004 “Order on Rehearing and Compliance Filing” issued in Algonquin's Order No. 637 proceeding in the captioned dockets. Algonquin states that copies of its filing have been served on all affected customers and interested state commissions, as well as to all parties on the official service lists compiled by the Secretary of the Commission in these proceedings. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.211 of the Commission's Rules and Regulations.

All such protests must be filed in accordance with § 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. E4-916 Filed 4-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-105-000] CMS Gas Transmission Company and Bluewater Gas Storage, LLC; Notice of Application April 16, 2004. Take notice that on April 8, 2004, CMS Gas Transmission Company (CMSGT), and Bluewater Gas Storage, LLC (Bluewater) filed in the above-referenced docket an application pursuant to Section 3 of the Natural Gas Act (NGA), Part 153 of the Federal Energy Regulatory Commission's (Commission) regulations (18 CFR part 153), Executive Order Nos. 10485 and 12038 and the Secretary of Energy's Delegation Order No. 0204-112, requesting permission to transfer the NGA Section 3 authorization and Presidential Permit currently issued by the Commission to CMSGT in Docket Nos. CP95-331-000 and CP95-332-000, authorizing it to operate certain natural gas pipeline facilities located at the U.S./Canadian international border in St. Clair County, Michigan, to Bluewater, so that Bluewater can operate the same facilities under the same terms and conditions. CMSGT and Bluewater state that the requests are made in order to facilitate the sale of CMSGT's leasehold interest in the border crossing facilities to Bluewater. Both parties request that the Commission expeditiously review the filing and issue an order in this proceeding by July 1, 2004. 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 “e-Library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,

(866)208-3676, or for TTY,

(202)502-8659. Any questions regarding this application should be directed to Douglas W. Smith, Attorney for Bluewater Gas Storage, LLC, at

(202)298-1800. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Protests and interventions may be filed electronically via the Internet in lieu of paper; see, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* May 7, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-918 Filed 4-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-262-003] Natural Gas Pipeline Company of America; Notice of Compliance Filing April 16, 2004. Take notice that on April 13, 2004, Natural Gas Pipeline Company of America (Natural) tendered for filing to become part of its FERC Gas Tariff, Sixth Revised Volume No. 1, certain tariff sheets, to be effective June 1, 2004. Natural states that the purpose of this filing is to comply with the Commission's Order Granting Clarification issued on March 29, 2004 (Order). Natural explains that the Order required changes to a prior compliance filing made by Natural in the referenced docket on April 17, 2003. Natural asserts that no tariff changes other than those required by the Order are reflected in this filing. Natural states that copies of the filing are being mailed to all parties set out of the Commission's official service list in Docket No. RP03-262. 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 § 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with § 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

(1)authorize the transfer of Mesquite's, ANRV's and ANR Eagle Point's membership interests in Utility Contract Funding, L.L.C.

(UCF)to Okwari UCF; and

(2)authorize the subsequent sale and transfer of up to 51 percent of the membership interests thus acquired by Okwari UCF to as yet unidentified purchasers. Applicants requested privileged treatment for certain exhibits pursuant to 18 CFR 3.9 and 388.112. Applicants also requested expedited consideration of this application. *Comment Date:* May 6, 2004. 2. Mirant Las Vegas, LLC, Complainant v. Nevada Power Company, Respondent [Docket No. EL03-229-000] Take notice that on September 15, 2003, Mirant Las Vegas, LLC (Mirant Las Vegas) filed a complaint against Nevada Power Company (Nevada Power) alleging that the terms and conditions of Nevada Power's Interconnection and Operating Agreement with Mirant Las Vegas violate Commission policy and precedent and are unjust and unreasonable. *Comment Date:* May 6, 2004. 3. Williams Generation Company—Hazelton; Williams Flexible Generation, LLC [Docket No. ER97-4587-005 and ER00-2469-002] Take notice that on April 12, 2004, Williams Generation Company—Hazelton and Williams Flexible Generation, LLC pursuant to Part 35 of the Commission's regulations, 18 CFR Part 35, submitted proposed tariff sheets to incorporate the Market Behavior Rules adopted by the Commission's order issued November 17, 2003, *Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations,* 105 FERC ¶ 61,218 (2003). *Comment Date:* May 30, 2004. 4. Pacific Gas and Electric Company and ETrans LLC [Docket No. ER02-455-000] Take notice that on April 13, 2004, Pacific Gas and Electric Company (PG&E) and ETrans LLC, (collectively, Applicants) filed a Notice of Withdrawal stating that they want to withdraw the application previously filed in this docket and to terminate the present proceeding. *Comment Date:* May 4, 2004. 5. Electric Generation, LLC [Docket No. ER02-456-000] Take notice that on April 13, 2004, Electric Generation LLC (Applicant) filed a Notice of Withdrawal stating that they want to withdraw the application previously filed in this docket and to terminate the present proceeding. *Comment Date:* May 4, 2004. 6. Kentucky Utilities Company [Docket No. ER04-203-002] Take notice that on April 12, 2004, Kentucky Utilities Company submitted a compliance filing pursuant to the March 11, 2004 Letter Order from the Director of the Division of Tariffs and Market Development-Central. *Comment Date:* May 3, 2004. 7. Southeast Chicago Energy Project, LLC [Docket No. ER04-333-002] Take notice that on April 12, 2004, Southeast Chicago Energy Project, LLC, tendered a compliance filing pursuant to the Commission's Letter Order issued March 11, 2004 in Docket Nos. ER04-333-000 and ER04-333-000. *Comment Date:* May 3, 2004. 8. Central Vermont Public Service Corporation [Docket Nos. ER04-510-002 and EL04-88-001] Take notice that on April 12, 2004, Central Vermont Public Service Corporation (Central Vermont) submitted a compliance filing pursuant to the Commission's order issued March 12, 2004 *Central Vermont Public Service Corp.,* 106 FERC ¶ 61,247 (2004). Central Vermont requests an effective date of March 12, 2004. Central Vermont states that copies of the filing were served upon North Hartland, LLC, the Vermont Department of Public Service, and the Vermont Public Service Board. *Comment Date:* May 3, 2004. 9. Commonwealth Edison Company [Docket No. ER04-595-001] Take notice that on April 15, 2004, Commonwealth Edison Company (ComEd) filed its response to the Commission's letter issued April 8, 2004 regarding ComEd's February 27, 2004 filing to amend an Interconnection Agreement between ComEd and Cordova Energy Company LLC and change its designation from a rate schedule to a service agreement under ComEd's Open Access Transmission Tariff. *Comment Date:* April 20, 2004. 10. Pacific Gas and Electric Company [Docket No. ER04-725-000] Take notice that on April 12, 2004, Pacific Gas and Electric Company (PG&E) tendered for filing proposed changes in rates for Sacramento Municipal Utility District (SMUD), to be effective July 1, 2003, developed using a rate adjustment mechanism previously agreed by PG&E and SMUD for First Revised PG&E Rate Schedule FERC Nos. 88 and 91 and Second Revised PG&E Rate Schedule FERC No. 136. PG&E state that copies of this filing have been served upon SMUD, the California Independent System Operator Corporation, and the California Public Utilities Commission. *Comment Date:* May 3, 2004. 11. Sierra Southwest Cooperative Services, Inc. [Docket No. ER04-728-000] Take notice that on April 12, 2004, Sierra Southwest Cooperative Services, Inc. tendered for filing Notices of Cancellation, pursuant to 18 CFR 35.15, to reflect cancellation of its Rate Schedules FERC Nos. 1 and 2. *Comment Date:* May 3, 2004. 12. Pinpoint Power, LLC [Docket No. ER04-729-000] Take notice that on April 12, 2004, Pinpoint Power, LLC (Pinpoint) filed an Agreement for Supplemental Installed Capacity Southwest Connecticut (Agreement) with ISO New England Inc. (ISO-NE) in compliance with Section 205 of the Federal Power Act and the Commission's order issued February 27, 2004 in Docket No. ER04-335-000, *New England Power Pool,* 106 FERC ¶ 61,190 (2004). Pinpoint seeks expedited action on its filing and a waiver of the prior notice filing requirements to allow the Agreement to become effective on June 1, 2004. Pinpoint states that copies of its filing were sent to ISO-NE. *Comment Date:* May 3, 2004. 13. PJM Interconnection, L.L.C. [Docket No. ER04-742-000] Take notice that on April 15, 2004, PJM Interconnection, L.L.C.

(PJM)submitted the initial annual allocation of financial transmission rights

(FTRs)and auction revenue rights

(ARRs)for the zone of Commonwealth Edison Company (ComEd), covering the first annual planning period after ComEd's scheduled integration into PJM. PJM requests an effective date of June 1, 2004 for the initial annual FTR and ARR allocation in the ComEd zone, corresponding to the start of the annual planning period in PJM. PJM states that copies of the filing were served on all PJM members and the utility regulatory commissions in the PJM region. *Comment Date:* April 26, 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. E4-919 Filed 4-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-52-000] Reporting By Transmission Providers on Vegetation Management Practices Related to Designated Transmission Facilities; Order Requiring Reporting on Vegetation Management Practices Related to Designated Transmission Facilities Issued April 19, 2004. Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, Joseph T. Kelliher, and Suedeen G. Kelly. 1. In this order, pursuant to section 311 of the Federal Power Act (FPA), 1 the Commission directs all entities that own, control or operate designated transmission facilities 2 in the lower 48 States (referred to herein as “transmission providers”), whether or not they are otherwise subject to the Commission's jurisdiction as a public utility, to report on the vegetation management practices they now use for those transmission lines and rights-of-ways. In order that this information be received before the summer peak load season, which typically has maximum transmission line loading and continued vegetation growth, this report should be submitted by June 17, 2004 to the Commission, the appropriate State commissions, 3 the North American Electric Reliability Council

(NERC)and the relevant reliability authorities. 4 This order is driven by the findings of the Joint U.S.-Canada Task Force Final Blackout Report and benefits customers because better understanding of utility vegetation management practices on transmission lines will help to support improvements to overall grid reliability. 1 16 U.S.C. 825j (2000). Section 311 of the FPA authorizes the Commission to conduct investigations in order to secure information necessary or appropriate as a basis for recommending legislation. Section 311 makes clear that the Commission's authority in conducting such investigations extends to entities otherwise not subject to the Commission's jurisdiction “including the generation, transmission, distribution and sale of electric energy by any agency, authority or instrumentality of the United States, or of any State or municipality * * *.” 2 “Designated transmission facilities” are defined, for the purposes of this order only, as transmission lines with a rating of 230 kV or higher as well as tie-line interconnection facilities between control areas or balancing authority areas (regardless of kV rating) and “critical” lines as designated by the regional reliability council. *See* NERC, August 14, 2003 Blackout: NERC Actions to Prevent and Mitigate the Impacts of Future Cascading Blackouts at 9 n.3 (Feb. 10, 2004). 3 Some transmission providers are not subject to the jurisdiction of a State Commission. We request, however, that they serve a copy of the report on all State Commissions for States in which their transmission facilities are located. 4 A reliability authority is the entity responsible for the sale and reliable operation of the interconnected transmission system for its defined “reliability authority area.” This term is replacing the term “reliability coordinator” which has the same meaning and is still in common use in many areas. The term reliability authority as used in this order refers to the corporate entity responsible for reliability, which may be called either the reliability authority or the reliability coordinator for its area. 2. Failure to adequately maintain vegetation within transmission line rights-of-way has been identified as a major cause of the August 14, 2003 electric power blackout and as a common factor contributing to many previous regional outages. The vegetation management report required herein will provide the Commission, the States, NERC, reliability authorities and the Congress with valuable information regarding vegetation management problems that could cause line outages, and action taken to alleviate identified vegetation management problems. The Commission will also use this information in cooperation with the NARUC Ad-Hoc Committee on Critical Infrastructure to identify appropriate ways to assure effective vegetation management for electric transmission facilities. 3. The Commission strongly supports legislative reform to provide a clear Federal framework for developing and enforcing mandatory reliability rules. The information collected from the reporting requirement herein will be reflected in a Commission report to Congress on the reliability of the nation's interstate bulk electric systems, consistent with section 311 of the FPA. 5 5 “The Commission shall report to Congress the results of investigations made under authority of this section.” 16 U.S.C. 825j. Background 4. On August 14, 2003, an electric power blackout occurred over large portions of the Northeast and Midwest United States and Ontario, Canada. The blackout lasted up to two days in some areas of the United States and longer in some areas of Canada. It affected an area with over 50 million people and 61,800 megawatts of electric load. In the wake of the blackout, a joint U.S.-Canada Task Force (Task Force) undertook a study of the causes of that blackout and possible solutions to avoid future such blackouts. In November 2003, the Task Force issued an interim report, describing its investigation and findings and identifying the causes of the blackout. 6 The Task Force's final report, issued on April 5, 2004, verifies and expands the findings of the interim report. 6 U.S.-Canada Power System Outage Task Force, Interi Report: Causes of the August 14th Blackout in the United States and Canada (Nov. 2003) (Interim Blackout Report). The Interim Blackout Report is fully replaced by the Final Report. 5. The Task Force identified FirstEnergy Corporation's (FirstEnergy) failure to adequately trim trees and manage vegetation in its transmission rights-of-way as one of the four primary causes of the August 14, 2003 blackout. 7 The blackout investigation explained that, during the hour before the cascading blackout occurred, three FirstEnergy 345 kV transmission lines failed as a result of contact between the lines and overgrown vegetation that encroached into the required clearance height for the lines. 8 It stated that “because the trees were so tall * * * each of these [three] lines faulted under system conditions well within specified operating parameters.” 9 7 U.S.-Canada Power System Outage Task Force, Final Blackout Report (April 2004), at 20. The other primary causes identified by the Task Force were inadequate system understanding by FirstEnergy and the East Central Area Reliability Coordination Agreement (ECAR), a NERC Regional Reliability Council, and inadequate situational awareness by FirstEnergy, and failure of the interconnected grid's reliability organizations to provide effective diagnostic support. *Id.* at 17-20. 8 *Id.* at 57-67. 9 *Id.* at 58. 6. The Interim Blackout Report also compared the August 2003 blackout with seven previous major outages and concluded that conductor contact with trees was a common factor among the outages. 10 The Task Force emphasized that vegetation management is critical and that many outages can be mitigated or prevented by managing the vegetation before it becomes a problem. 11 It also noted that investigation reports from previous major outages recommended paying special attention to the condition of vegetation on rights-of-way and the need for preventative maintenance in this area. 10 *Id.* at 107. The Interim Blackout Report concluded that conductor contact with trees “was an initiating trigger in several of the outages and a contributing factor in the severity of several more * * *. In some of the disturbances, tree contact accounted for the loss of more than one circuit, contributing multiple contingencies to the weakening of the system.” *Id.* 11 *Id.* at 59. 7. In an October 15, 2003 letter to the chief executive officers of all entities operating control areas or serving as NERC reliability coordinators, NERC listed six categories of “near term” actions, including vegetation management, that would promote reliable operations of the bulk power system. 12 The letter requested that they report to their respective regional councils and to NERC within 60 days that they had completed a review of the listed reliability practices and the status of any necessary corrective actions. With regard to vegetation management, NERC asked that the control area operators and reliability councils report on their efforts to “ensure high voltage transmission line rights-of-way are free of vegetation and other obstructions that could contact an energized conductor within the normal and emergency ratings of each line.” 13 12 A copy of the letter is available on the NERC Web site at: *http://www.nerc.com/~filez/blackout.html.* While a list of entities that voluntarily responded is also available on the NERC Web site, the actual responses are not posted on NERC's Web site. 13 October 15, 2003, NERC letter at 3. 8. NERC posted on its Web site an abbreviated summary of its vegetation management findings. The summary states: Some entities did not specifically address the issue of vegetation management. Of those that did, almost all indicated they have an active comprehensive vegetation program in place with rights-of-way patrolled at least annually. One entity indicated it did not yet comply with the heat-sensing portion of the Regional Reliability Council's operating procedure but is taking action to do so in 2004. Some entities patrol by air, some by ground, and some by both. To some extent, the amount of transmission an entity is responsible for determines the type of patrol used. Routine tree trimming is conducted on cycles that range from every three to six years. Local vegetation type and geographic region of the country has an impact on deciding the frequency of the trimming cycle. Typical problems and concerns noted are as follows: • One entity owns transmission lines located on lands under the jurisdiction of the U.S. Forest Service or Bureau of Land Management. The need for special use permits can impede the ability to remove vegetation from rights-of-way for these circuits. • One entity cited state and federal restrictions, such as those related to environmental or endangered species regulations, which create concerns because they are not allowed to clear rights-of-way appropriately to ensure reliability.” 9. In March 2004, the Commission made available to the public a 128-page vegetation management report (Final Vegetation Report), prepared to support the blackout investigation. 14 The report details problems with vegetation management relating to the August 2003 blackout, and the impact of vegetation management on electric reliability. The report concludes that the August 2003 blackout likely would not have occurred had the rights-of-way been maintained for three 345 kV transmission lines that tripped due to tree-line contacts. 15 It also concludes that utilities responsible for the right-of-way maintenance had in place vegetation management programs that were in line with current industry norms. Further, it concludes that current industry “standards” are inadequate and must be improved. The Final Vegetation Report recommends specific practices that would reduce the likelihood of tree and power line conflicts and provides recommendations for the oversight and enforcement of utility vegetation management activities. 14 CN Utility Consulting, Utility Vegetation Management Final Report, (March 2004) (Final Vegetation Report). The Final Vegetation Report is available on the Internet at *http://www.ferc.gov/cust-protect/moi/blackout.asp.* 15 *Id.,* at 26-27. 10. On April 5, 2004, the Joint Task Force issued its Final Blackout Report. That report verifies the findings of the interim report, including the role of inadequate tree-trimming as an immediate cause of the 345 kV line outages in the Cleveland-Akron area that ultimately precipitated the blackout. Discussion 11. The Interim and Final Blackout Reports and the Final Vegetation Report all indicate that inadequate maintenance of vegetation on transmission line rights-of-way was a major cause of the August 14, 2003 blackout. Further, the Task Force's analysis of seven other major outages identified tree contacts as an initiating or contributing factor to such outages. 12. It is clear from these reports that a higher standard of performance of vegetation management is critical to minimizing the risk of regional power outages and ensuring the uninterrupted flow of electricity in the nation's interconnected bulk electric systems. As noted above, NERC requested that control area operators and reliability authorities report their efforts to ensure that high voltage transmission line rights-of-way are free of vegetation and other obstructions that could cause a line outage. The information provided in response to NERC's inquiry is useful but incomplete. Further inquiry is necessary to understand the state of the industry's vegetation management programs and to better support industry efforts to improve, and sustain improvement of, industry vegetation management programs and protect the public interest. 16 In addition, a more comprehensive view of the vegetation management practices in the United States will allow the Commission to provide a more complete report to Congress. Accordingly, pursuant to section 311 of the FPA, 17 the Commission is requiring that all transmission providers (whether or not they are otherwise subject to the Commission's jurisdiction as public utilities) that own, control or operate designated transmission facilities in the lower 48 States submit a report containing the following information: 18 16 *See* Final Blackout Report at 59. 17 *See* note 1, *infra.* 18 OMB Control Number 1902-0207; expiration date October 31, 2004.

(a)Describe in detail the vegetation management practices and standards that the transmission provider uses for control of vegetation near designated transmission facilities, and indicate the source of any standard utilized (state law or regulation, historical practice, etc.). Describe the clearance assumptions or definition used for the appropriate distance between the vegetation and the facilities. Indicate how the vegetation management practices treat vegetation that encroaches or might reasonably be expected to encroach due to growth prior to the next inspection into the line clearance zone from below, beside, and above the facilities.

(b)“Designated transmission facilities” are defined, for the purposes of this report only, as lines with a rating of 230 kV or higher as well as tie-line interconnection facilities between control areas or balancing authority areas (regardless of kV rating) and “critical” lines as designated by the regional reliability council. 19 List the facilities under transmission provider control that meet this definition. 19 If the reporting utility's regional reliability council has already designated specific lines below 230 kV as “critical,” it is those lines which should be included in this report. If the regional reliability council has not already designated such lines, then there is no need for the reporting utility to identify additional “critical” lines below 230 kV nor to request such designation by its regional reliability council for the purpose of this report.

(c)For each facility identified pursuant to item b), indicate how often the transmission provider inspects that facility for vegetation management purposes. Indicate when the most recent survey of that facility was performed, what kind of survey was used ( *e.g.,* helicopter overflight or foot patrol), and indicate what the findings of that survey showed. If the survey led to further action, indicate what action was taken and the date(s) it was performed.

(d)For the facilities identified pursuant to b), indicate whether identified remediation has been completed as of June 14, 2004.

(e)Describe any factors that the respondent believes prevents or unduly delays the performance of adequate vegetation management. 13. The Commission expects that the responses to parts

(b)and

(c)above should come in two parts. Each transmission provider should submit a general response that contains clear information responding to each question. The transmission providers must also provide a detailed response that addresses the specifics of each part. This detailed response may be filed under the protection of Critical Energy Infrastructure Information. 20 20 18 CFR 388.113(c)(1) (2000). 14. Transmission Providers should submit the report by June 17, 2004 to the Commission, the appropriate State commissions, NERC and the relevant reliability authorities. 21 In circumstances where multiple entities own, control or operate the same transmission facilities, only a single report need be submitted (but the report should identify which entities and lines are being handled through consolidated reporting). 21 Utilities in the Western Electricity Coordinating Council

(WECC)should also submit the results to WECC. 15. Consistent with the Commission's regulations that apply to any filings made with the Commission, contained in 18 CFR 385.2005, 22 the report should be verified by a corporate officer. 22 18 CFR 385.2005 requires the signer of a filing to verify that: the signer has read the filing signed and knows its contents; the contents are true as stated, to the best knowledge and belief of the signer; and the signer possess full power and authority to sign the filing. Document Availability 16.In addition to publishing the full text of this document in the **Federal Register** , the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through FERC's Home Page ( *http://www.ferc.gov* ) and in FERC's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426. 17. From FERC's Home Page on the Internet, this information is available using the eLibrary link. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 18. User assistance is available for eLibrary and the FERC's Web site during normal business hours at *FERCOnlineSupport@ferc.gov* or by calling

(866)208-3676 or for TTY, contact

(202)502-8659. *The Commission orders:*

(A)All entities that own, control or operate designated transmission facilities, as defined herein, in the lower 48 States, whether or not they are otherwise subject to the Commission's jurisdiction as public utilities, are directed to submit to the Commission, the appropriate State commissions, the North American Electric Reliability Council

(NERC)and the relevant reliability coordinators and reliability authorities, by June 17, 2004, a report on vegetation management practices related to such transmission lines, as discussed in the body of this order.

(B)The Secretary shall promptly publish a copy of this order in the **Federal Register** . By the Commission. Magalie R. Salas, Secretary. [FR Doc. 04-9359 Filed 4-23-04; 8:45 am]

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