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.

§
Marginalia
Code · REGISTER · 2004-05-03 · DEPARTMENT OF ENERGY · Notices

Notices. Notice of order concerning a power rate formula

12,369 words·~56 min read·/register/2004/05/03/04-9967

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 No. RP04-264-000] ANR Pipeline Company; Notice Of Tariff Filing April 27, 2004. Take notice that on April 22, 2004, ANR Pipeline Company
(ANR)tendered for filing and approval the following revised tariff sheets to include provisions regarding the reservation of capacity for future expansions on its pipeline system. First Revised Sheet No. 101B Original Sheet No. 101C Original Sheet No. 101D Sixth Revised Sheet No. 102 Second Revised Sheet No. 162.01 ANR requests that the Commission accept and approve the revised tariff sheets to be effective June 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. E4-987 Filed 4-30-04; 8:45 a.m.] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-101-000] Columbia Natural Resources, LLC; Notice of Petition for a Declaratory Order April 23, 2004. Take notice that on April 5, 2004, Columbia Natural Resources, LLC (Columbia) filed in Docket No. CP04-101-000, pursuant to Rule 207(a)(2) of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (Commission), a petition for a declaratory order with respect to natural gas gathering facilities recently acquired from NiSource, Inc. Specifically, Columbia requests that the Commission declare and find that it has all necessary authorizations to enable it to receive and transport gas to delivery points on such facilities in the same manner as the authorization in *Gatherco, Inc.,* 90 FERC ¶ 61,211 (2000). 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 “e-Library” (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. 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 10, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-980 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-114-000 and CP04-115-000] Compass Pass Pipeline LLC; Notice of Application April 27, 2004. Take notice that on April 16, 2004, Compass Pass Pipeline LLC (Compass Pass), 600 North Dairy Ashford, Houston, Texas 77079, filed in Docket Nos. CP04-114-000 and CP04-115-000 an application, pursuant to Section 7(c) of the Natural Gas Act and Part 157, Subpart A of the Commission's regulations, for:
(1)A certificate of public convenience and necessity to construct, own, and operate a single-use natural gas pipeline facility, the onshore Compass Pass Pipeline, to transport natural gas from Compass Port LLC's 1 (Compass Port) offshore deepwater liquefied natural gas
(LNG)port to interconnections with interstate natural gas pipelines near Coden, Mobile County, Alabama; and
(2)a blanket certificate of public convenience and necessity in Docket No. CP04-115-000 under Subpart F of Part 157. The application is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call
(202)502-3676 or TYY,
(202)502-8659. 1 Compass Pass Pipeline LLC and Compass Port LLC are both wholly-owned affiliates of the ConocoPhillips Company. Compass Pass proposes to construct, own, and operate the Compass Pass Pipeline, a 5-mile, 36-inch diameter, single-use pipeline with a capacity of 1,000,000 dekatherms equivalent of natural gas per day. Compass Pass states that the sole purpose of these pipeline facilities would be to transport natural gas owned by Compass Pass from Compass Port's proposed Compass Port offshore deepwater port for the importation and vaporization of LNG, and processing, storage and transportation of natural gas and natural gas liquids, which would be located off the Alabama coast. Compass Port states that it will operate the Compass Port LNG facilities as a proprietary deepwater LNG port pursuant to the Deepwater Port Act of 1974. Compass Port also states that it filed an application to construct and operate the Compass Port offshore facilities with the U.S. Coast Guard on March 29, 2004. Compass Pass asserts that, inasmuch as it plans to use the proposed Compass Pass Pipeline solely to deliver natural gas owned by Compass on a proprietary basis, it requests waiver of the open access requirements of Part 284 of the Commission's regulations, including, but not limited to, certain accounting and reporting requirements. Any questions regarding this application should be directed to Bruce A. Connell, Regulatory Counsel & Director of Regulatory Affairs, ConocoPhillips Company, 600 North Dairy Ashford, CH-1022, Houston, Texas, 77079, phone
(281)293-1736, or, in the alternative, Douglas F. John, JOHN & HENGERER, 1200 17th Street, NW., Suite 600, Washington, DC 20036-3013, phone
(202)429-8801. 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 May 18, 2004, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)
(iii)and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* May 18, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-988 Filed 4-30-04; 8:45 a.m.] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-260-000] Dauphin Island Gathering Partners; Notice of Proposed Changes in FERC Gas Tariff April 23, 2004. Take notice that on April 20, 2004, Dauphin Island Gathering Partners (Dauphin Island) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the revised tariff sheets identified at Appendix A to the filing, with an effective date of May 20, 2004. Dauphin Island states that these tariff sheets are being filed to reflect a reference to the incremental charge associated with the lease of Texas Eastern Transmission, LP by Dauphin Island. Dauphin Island states that copies of the filing are being served on all participants listed on the service list in this proceeding. 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. E4-979 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-258-000] Eastern Shore Natural Gas Company; Notice of Interruptible Revenue Sharing Report April 23, 2004. Take notice that on April 19, 2004, Eastern Shore Natural Gas Company (Eastern Shore) tendered for filing its Interruptible Revenue Sharing Report pursuant to Section 37 of the General Terms and Conditions of its FERC Tariff and Article V, Paragraph 6 of the Stipulation and Agreement in Docket No. RP02-34-000. Eastern Shore states that it intends to give a credit to its firm transportation customers on July 1, 2004. Eastern Shore further states that the credit amount represents 90 percent of the net revenues received by Eastern Shore under Rate Schedule IT in excess of the cost of service allocated to such rate schedule for the period April 2003 through March 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 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. *Comment Date:* April 30, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-977 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-361-024] Gulfstream Natural Gas System, L.L.C.; Notice of Negotiated Rate April 27, 2004. Take notice that on April 23, 2004, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Original Sheet No. 8V, reflecting an effective date of May 1, 2004. Gulfstream states that this filing is being made to implement a negotiated rate transaction, under Rate Schedule PALS, pursuant to Section 31 of the General Terms and Conditions of Gulfstream's FERC Gas Tariff. Gulfstream states that Original Sheet No. 8V identifies and describes the negotiated rate transaction, including the exact legal name of the relevant shipper, the negotiated rate, the rate schedule, the contract terms, and the contract quantity. Gulfstream also states that Sheet 8V includes footnotes where necessary to provide further details on the transaction listed thereon. Gulfstream states that copies of its filing have been mailed to all affected customers and interested state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(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. E4-986 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES04-29-000] ISO New England Inc.; Notice of Application April 23, 2004. Take notice that on April 19, 2004, ISO New England Inc (ISO NE) submitted an application pursuant to section 204 of the Federal Power Act requesting that the Commission authorize the issuance of unsecured promissory notes for:
(1)A $15 million revolving line of credit for working capital needs; and
(2)a $4 million line of credit supporting the Payment Default Shortfall Fund. 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 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. 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 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-973 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES04-26-000] Kansas Gas and Electric Company; Notice of Application April 23, 2004. Take notice that on April 16, 2004, Kansas Gas and Electric Company
(KGE)submitted an application pursuant to section 204 of the Federal Power Act requesting that the Commission:
(1)Authorize the pledge of mortgage bonds in an aggregate amount not to exceed $500 million; and
(2)authorize the issuance of one or more guaranties to secure in each case up to an aggregate of $500 million of short-term debt securities of KGE's sole shareholder, Westar Energy, Inc. KGE also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. 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 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. 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 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-970 Filed 04-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES04-27-000] Kansas Gas and Electric Company; Notice of Application April 23, 2004. Take notice that on April 16, 2004, Kansas Gas and Electric Company
(KGE)submitted an application pursuant to section 204 of the Federal Power Act requesting that the Commission:
(1)Authorize the issuance of short-term debt securities in an amount not to exceed $500 million; and
(2)authorize the pledge of mortgage bonds in an aggregate amount not to exceed $500 million to secure such short-term debt. KGE also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. 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 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. 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 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-971 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-265-000] Northern Natural Gas Company; Notice of Tariff Filing April 27, 2004. Take notice that on April 23, 2004, Northern Natural Gas Company (Northern) tendered for filing to become part of its FERC Gas Tariff, Fifth Revised Volume No. 1 the following tariff sheets, with an effective date of May 24, 2004: Third Revised Sheet No. 136 First Revised Sheet No. 142A Fifth Revised Sheet No. 145 Original Sheet No. 442B Original Sheet No. 442C Northern states that it is filing the above-referenced tariff sheets to provide for an FDD Consolidation Agreement and to clarify the applicability of storage and transport fees related to the transfer of FDD, PDD and IDD account balances of a single shipper or between multiple shippers. Northern further states that copies of the filing have been mailed to each of 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. E4-981 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-118-000] Northern Natural Gas Company; Notice of Request Under Blanket Authorization April 27, 2004. Take notice that on April 19, 2004, Northern Natural Gas Company (Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed in Docket No. CP04-118-000 an application pursuant to Northern's blanket authority granted on September 1, 1982, at Docket No. CP82-401-000 and sections 157.205, 157.208, and 157.216 of the Commission's Regulations for authorization to replace, modify, and operate various pipeline facilities in Iowa, all as more fully set forth in the request which is on file with the Commission and open to public inspection. Northern proposes to
(1)replace and operate approximately 331 feet of 16-inch diameter pipe on the existing Des Moines B-Line (B-Line) with like-for-like 16-inch diameter pipe located in Dallas and Polk Counties;
(2)install and operate overpressure protection facilities on the 16-inch diameter B-Line at Northern's existing Royal Estates Town Border Station in Polk County; and
(3)up-rate the maximum allowable operating pressure
(MAOP)on approximately 23 miles of the B-Line in Boone, Dallas and Polk Counties, and to operate this segment of pipeline at the higher MAOP (Northern previously received authority to upgrade the MAOP on its B-Line in Docket No. CP04-28-000 for 30 miles, but will now only upgrade 23 miles). Northern estimates that it will spend $150,000 of internally generated funds to construct the new pipeline facilities, collectively known as the Pleasant Hill II project. Northern states that it needs to construct and operate the proposed Pleasant Hill facilities in order to meet its firm contractual obligations of 96,000 MMBtu equivalent of natural gas per day to MidAmerican Energy Company (MidAmerican). 1 1 *Northern Natural Gas Company,* 103 FERC ¶ 62,028 (2003). Any questions regarding this application should be directed to Michael T. Loeffler, Director, Certificates and Reporting for Northern, 1111 South 103rd Street, Omaha, Nebraska 68124, at
(402)398-7103 or Donna Martens, Senior Regulatory Analyst, at
(402)398-7138. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.fed.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. 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 intervenors to file electronically. Any person or the Commission's staff may, within 45 days after issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 855.214) a motion to intervene or notice of intervention and pursuant to Section 157.205 of the Regulations under the Natural Gas Act (18 CFR 157.205) a protest to the request. If no protest is filed within the time allowed therefor, the proposed activity shall be deemed to be authorized effective the day after the time allowed for filing a protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to Section 7 of the Natural Gas Act. *Comment Date:* June 11, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-982 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-82-000] NRG Power Marketing, Inc., Connecticut Jet Power LLC, Middletown Power LLC, Montville Power LLC , and Norwalk Power, LLC, Complainants; v. ISO New England, Respondent; Notice of Amended Complaint April 27, 2004. Take notice that on April 2, 2004, the NRG Companies filed an Amended Complaint against ISO New England, Inc. (ISO-NE). The Amended Complaint amends the February 10, 2004, Complaint filed by the NRG Companies against ISO-NE. Specifically, the Amended Complaint adds Norwalk Power, LLC, as a complainant. The NRG Companies further state that they are amending their complaint by supplementing it to include all known instances where the ISO violated its Market Rules and Commission Orders by denying Operating Reserve Payments when the ISO directed the NRG Companies' generating units to provide operating reserves as pool-scheduled resources for several operating days after the operating day in which the units self-scheduled. The NRG Companies' amended claim totals $1,532,564.35. Any person desiring to be heard 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. The answer to the complaint and all comments, interventions or protests must be filed on or before the comment date. 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 for TTY, contact
(202)502-8659. The answer to the complaint, comments, protests and interventions may be filed electronically via the Internet in lieu of paper; *see* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* May 7, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-984 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-261-000] Southern Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff April 23, 2004. Take notice that on April 20, 2004, Southern Natural Gas Company (Southern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1, Third Revised Sheet No. 212G, to become effective May 20, 2004. Southern states that the tariff sheet filed by Southern revises section 39 of the General Terms and Conditions of Southern's Tariff which sets forth the terms and conditions under which local distribution companies or Hinshaw pipelines may reduce their firm contract quantities in the event they are ordered to make a reduction by their applicable state public service commission. 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. E4-969 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-259-000] Transcontinental Gas Pipe Line Corporation; Notice of Tariff Filing April 23, 2004. Take notice that on April 16, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets, with an effective date of May 19, 2004: Eleventh Revised Sheet No. 316; Eighth Revised Sheet No. 321; Ninth Revised Sheet No. 322. Transco states that the purpose of the instant filing is to update certain Delivery Point Entitlement
(DPE)tariff sheets in accordance with the provisions of Section 19.1(f) of the General Terms and Conditions of Transco's Third Revised Volume No. 1 Tariff. Transco states that copies of the filing are being mailed to its affected customers and interested state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(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. E4-978 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES04-28-000] Westar Energy, Inc.; Notice of Application April 23, 2004. Take notice that on April 16, 2004, Westar Energy, Inc. (Westar) submitted an application pursuant to section 204 of the Federal Power Act requesting that the Commission:
(1)Authorize the issuance of short-term debt securities in an amount not to exceed $500 million; and
(2)authorize the pledge of mortgage bonds in an aggregate amount not to exceed $500 million to secure such short-term debt. KGE also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. 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 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. 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 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-972 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EF04-5101-000] United States Department of Energy—Western Area Power Administration; Notice of Filing April 27, 2004. Take notice that on April 23, 2004, the Deputy Secretary of the Department of Energy, by Rate Order No. WAPA-111, did confirm and approve on an interim basis, to be effective on June 8, 2004, the Western Area Power Administration's (Western) firm power rate formula contained in Contract No. 7-07-50-P0890 (Contract) for Amistad and Falcon Projects. The rate formula will be in effect on an interim basis pending the Federal Energy Regulatory Commission's (Commission) approval of it or a substitute rate on a final basis ending June 7, 2009. Any person wanting to be heard or to protest said filing should file a motion to intervene or protest with the 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. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Internet at *http://www.ferc.gov/docs-filing/elibrary.asp.* For assistance contact the Commission Online Support at *FERCOnlineSupport@ferc.gov* or call toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. Protests and interventions may be filed electronically via the Internet in lieu of paper. *See* section 18 CFR 385.2001(a)(1)(iii) and the instruction on the Commission's Web site under the “e-filing” link. *Comment Date:* May 24, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-983 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-67-000, et al.] Astoria Energy, LLC, et al.; Electric Rate and Corporate Filings April 22, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Astoria Energy, LLC and Caisse de depot et placement Du Quebec [Docket No. EC04-67-001] Take notice that on April 19, 2004, Astoria Energy, LLC (Astoria) and Caisse de depot et placement due Quebec
(CDP)filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization for CDP to invest a portion of its financial interest in Astoria in the form of debt. The application seeks privileged treatment of one exhibit. *Comment Date:* May 3, 2004. 2. Advantage Energy, Inc. and WPS Energy Services, Inc. [Docket No. EC04-97-000] Take notice that on April 19, 2004, WPS Energy Services, Inc. (WPS-ESI) and Advantage Energy, Inc. (Advantage) (jointly, Applicants) tendered for filing pursuant to section 203 of the Federal Power Act (FPA), 16 U.S.C. 824b, and part 33 of the Commission's regulations, 18 CFR part 33, an Application in which they request authorization to transfer the common equity of Advantage through a series of steps, referred to as the “Transaction” to WPS-ESI or its designee. Applicants state that the Transaction will result in no change in ownership of or control over generation, including generation subject to long-term contracts and will have no adverse effect on competition, rates or regulation, and that it should be approved by the Commission as in the public interest. Applicants request that such approval be issued within 60 days. *Comment Date:* May 10, 2004. 3. Meiya Sanjiang Hydropower Limited [Docket No. EG04-53-000] On April 20, 2004, Meiya Sanjiang Hydropower Limited (MSH), with its principal office at Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands, filed with the Federal Energy Regulatory Commission (Commission) an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission(s regulations. MSH states that it is a company organized under the laws of Cayman Islands. MSH further states it will be engaged, directly or indirectly through an affiliate as defined in section 2(a)(11)(B) of the Public Utility Holding Company Act of 1935 (PUHCA), exclusively in owning, operating, or both owning and operating, a hydropower electric generating facility with a total output of approximately 45 megawatts consisting of three turbines and generators and certain additional incidental facilities, located in Mianyang, Sichuan province, People's Republic of China. MSH will through an affiliate sell electric energy at wholesale from the facility and may engage in other incidental activities with respect thereto consistent with PUHCA. *Comment Date:* May 11, 2004. 4. Central Maine Power Company [Docket No. ER04-425-001] Please take notice that on April 19, 2004, Central Maine Power Company
(CMP)submitted Unexecuted Continuing Site/Interconnection Agreements (CSIAs') between CMP and the following entities: FPL Energy Maine, Inc., Kezar Falls Hydro, LLC, Ledgemere Hydro, LLC, and Messalonskee Stream Hydro, LLC. CMP requests the Commission an effective date of December 23, 2003. *Comment Date:* May 10, 2004. 5. Southwest Power Pool, Inc. [Docket No. ER04-434-001] Take notice that on April 19, 2004, Southwest Power Pool, Inc.
(SPP)submitted to the Commission a compliance filing providing for changes to its currently effective Open Access Transmission Tariff
(OATT)pursuant to the Commission's order issued March 19, 2004, 106 FERC ¶ 61, 254. SPP states that it filed proposed revisions to its standard Large Generator Interconnection Agreement
(LGIA)and Large Generator Interconnection Procedures (LGIP), in accordance with Order No. 2003. In addition, SPP also states that it submitted an Agreement for the Allocation of Responsibilities with Regard to Generator Procedures and Interconnections as an addendum to its compliance filing. SPP requested the Commission to accept its filing and make it effective as of April 26, 2004 in order to accommodate the modifications made to the *pro forma* LGIP and LGIA by Order No. 2003-A. SPP states that it has served a copy of its transmittal letter on each of its Members and Customers, as well as on all generators in existing generation queue. A complete copy of this filing will be posted on the SPP Web site *www.spp.org,* and is also being served on all affected State commissions. *Comment Date:* May 10, 2004. 6. PJM Interconnection, L.L.C. [Docket No. ER04-521-003] Take notice that on April 19, 2004, PJM Interconnection, L.L.C.
(PJM)submitted in compliance with the Commission's March 18, 2004, order, revisions to Schedule 17 of the PJM West Reliability Assurance Agreement Among Load-Serving Entities in the PJM West Region to apportion capacity obligations of load-serving entities in the Commonwealth Edison Company (ComEd) transmission zone for each seasonal interval based on each LSE's load ratio share of the summer peak in that zone. PJM states that the submitted sheets reflect an effective date of May 1, 2004, consistent with the date for ComEd's integration previously requested in this proceeding. PJM states that copies of the filing were served on all PJM members, the utility regulatory commissions in the PJM region, and all persons on the Commission's service list for this proceeding. *Comment Date:* May 10, 2004. 7. EnergyWindow, Inc. [Docket No. ER04-584-001] Take notice that on April 19, 2004, PJM Energy Window, Inc. (EnergyWindow) tendered for filing an amendment to its petition filed February 19, 2004, in response to the Commission's deficiency letter dated March 23, 2004. *Comment Date:* May 10, 2004. 8. BP West Coast Products LLC—Wilmington Calciner [Docket No. ER04-611-001] Take notice that on April 19, 2004, BP West Coast Products LLC—Wilmington Calciner (BP West Coast Products LLC) submitted Second Revised Volume No. 1 of its Market-Based Rate Power Sales Tariff to reflect a change of name from Arco CQC Kiln, Inc. to BP West Coast Products LLC—Wilmington Calciner and to incorporate the Market Behavior rules adopted by the Commission in the order issued November 17, 2003, in Docket No. EL01-118-000, 105 FERC 61,218. *Comment Date:* April 29, 2004. 9. PPL Electric Utilities Corporation [Docket No. ER04-612-002] Take notice that on April 19, 2004, PPL Electric Utilities Corporation (PPL Electric) filed an executed Coordination Agreement between PPL Electric and the Borough of Ephrata, Pennsylvania. PPL Electric states that the terms and conditions of the executed Coordination Agreement do not differ from the unexecuted version of the Coordination Agreement that was filed Docket No. ER04-612-001 on March 25, 2004. PPL Electric states that it has served a copy of this filing on the Borough of Ephrata. *Comment Date:* May 10, 2004. 10. PJM Interconnection, L.L.C. [Docket No. ER04-653-001] Take notice that on April 22, 2004, PJM Interconnection, L.L.C.
(PJM)submitted for filing an update on recent developments concerning financial transmission rights for customers using transmission facilities in the zone of Commonwealth Edison Company (ComEd). *Comment Date:* April 27, 2004. 11. Pacific Gas and Electric Company [Docket Nos. ER04-743-000 and ER04-377-001] On March 22, 2004, Pacific Gas and Electric Company (PG&E) submitted a filing concerning a Generator Special Facilities Agreement and a Generator Interconnection Agreement between PG&E and Sunrise Power Company, LLC. The filing was docketed as ER04-377-001. Examination of PG&E's filing shows that it was submitted under section 205 of the Federal Power Act and, in accordance with the Commission's business practice, it should have been assigned a new docket number. Accordingly, by this notice, we are redocketing all records filed in ER04-377-001 to a new docket number, ER04-743-000, as indicated in the caption of this notice. All pleadings filed in Docket No. ER04-377-001 will now be docketed in the new docket number, ER04-743-000. No further interventions or protests need be filed, and Docket No. ER04-377-001 is hereby terminated. Comments on this notice are not necessary. 12. Southern California Edison Company [Docket No. ER04-747-000] Take notice, that on April 19, 2004, Southern California Edison Company
(SCE)tendered for filing a new rate sheet for the Interconnection Facilities Agreement (Interconnection Agreement) between SCE and The Wind Turbine Company (WTC). SCE states that the new rate sheet, identified as Exhibit C, reflects removal costs for the equipment associated with the Interconnection Agreement. SCE also submitted a Notice of Cancellation of the Interconnection Agreement and the associated Service Agreement For Wholesale Distribution Service between SCE and WTC. SCE requests waiver of the 60-day prior notice requirements specified in section 35.3 and requests the Commission to assign an effective date of May 12, 2004, to the New Sheet and the revised rate sheets reflecting the Notice of Cancellation. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California and WTC. *Comment Date:* May 10, 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 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. 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. E4-996 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 6564-002 Oregon] Jane A. Horning; Notice of Availability of Environmental Assessment April 23, 2004. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy 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 exemption for the constructed Brunswick Creek Project. Jane A. Horning is the exemptee. The project is located on Brunswick Creek, near North Plains, Washington County, Oregon. The Commission staff has prepared an Environmental Assessment
(EA)on the exemption surrender. The EA contains the staff's analysis of the potential environmental impacts of the surrender of the exemption, and has concluded that surrendering the exemption, would not constitute a major federal action that would significantly affect the quality of the human environment. A copy of the EA is attached to the Commission order titled “Order Accepting Surrender of Exemption”, which was issued on April 23, 2004. The EA 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. 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: Mr. Blake Condo at
(202)502-8914. Magalie R. Salas, Secretary. [FR Doc. E4-975 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Surrender of Exemption and Soliciting Comments, Motions To Intervene, and Protests April 27, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Surrender of Exemption (5 MW or Less). b. *Project No.:* 6338-003. c. *Date Filed:* March 29, 2004. d. *Applicant:* Suncook Leathers, Inc. e. *Name of Project:* Pittsfield. f. *Location:* Located on the Suncook River in Merrimack County, New Hampshire. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* David Ossoff, Pittsfield Hydropower Co., Inc., P.O. Box 248, 5 Main St., Pittsfield, New Hampshire 03263,
(603)435-6678. i. *FERC Contact:* Regina Saizan,
(202)502-8765. j. *Status of Environmental Analysis:* This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, and recommendations for terms and conditions. k. *Deadline for filing responsive documents:* The Commission directs, pursuant to Section 4.34(b) of the Regulations (see Order No. 533 issued May 8, 1991, 56 FR 23108, May 20, 1991) that all comments, motions to intervene, protests, and recommendations for terms and conditions concerning the application be filed with the Commission by May 28, 2004. All reply comments must be filed with the Commission by June 14, 2004. Comments, protests, and interventions may be filed electronically via the Internet CFR 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. 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. l. *Description of Proposed Action:* The existing project consists of:
(1)A 21-foot-high, 421-foot-long concrete and stone gravity dam;
(2)a 20-acre reservoir;
(3)an intake structure;
(4)a 9-foot-diameter, 200-foot-long steel penstock;
(5)a powerhouse containing a 420-kW turbine-generator;
(6)a 65-foot-long tailrace; and
(7)appurtenant facilities. The applicant seeks to surrender the exemption because the project is no longer economically feasible. m. *Locations of Application:* 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 website at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, here P-6338, in the docket number field to access the document. For assistance, call toll-free
(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. n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. o. 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. p. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “REPLY 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 the above-named documents must be filed by providing the original and eight copies to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to the Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. q. 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 any 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. E4-985 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Ferc Staff Attendance at Meetings of Southwest Power Pool Regional State Committee, Board Of Directors and Members April 23, 2004. The Federal Energy Regulatory Commission hereby gives notice that members of its staff may attend the April 26 and 27, 2004 meetings of the Southwest Power Pool
(SPP)Regional State Committee, SPP Board of Directors and SPP Members. The staff's attendance is part of the Commission's ongoing outreach efforts. The discussions may address matters at issue in the following proceedings: Docket Nos. RT04-1-000 and ER04-48-000, *Southwest Power Pool, Inc.;* Docket No. ER04-434-000, *Southwest Power Pool, Inc.;* Docket No. ER04-658-000, *Southwest Power Pool, Inc.* The April 26, 2004 SPP Regional State Committee meeting is expected to begin at approximately 2 p.m. The meeting will take place at the Westin Hotel Oklahoma City, One North Broadway, Oklahoma City, OK 73102. The meeting is open to the public. The April 27, 2004 SPP Board of Directors and SPP Members meetings are expected to begin at approximately 10 a.m. These meetings will take place at the Westin Hotel Oklahoma City, One North Broadway, Oklahoma City, OK 73102. These meetings are open to the public. For more information, contact Tony Ingram, Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission at
(202)502-8938 or *tony.ingram@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E4-974 Filed 4-30-04; 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 26, 2004. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of exempt and prohibited off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or prohibited off-the-record communication relevant to the merit's of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of prohibited and exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary (FERRIS) link. Enter the docket number excluding the last three digits in the docket number field to access the document. For Assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at (866)208-3676, or for TTY, contact (202)502-8659. *Prohibited:* Docket number Date filed Presenter or requester 1. CP04-58-000 4-22-04 Grieten Sebastien, *et al.* 1 2. Project No. 2082-027 4-22-04 Jeanne Riha. 3. Project No. 2574-032 4-22-04 Ann Beverage. 1 This communication is one among numerous form letters sent to the Commission by the Greenpeace, USA organization. Only representative samples of these prohibited non-decisional documents are posted in this docket on the Commission's eLibrary system *http://www.ferc.gov* ). *Exempt:* Docket number Date Filed Presenter or Requester 1. Project Nos. 2576-022 and 2597-019 4-16-04 Hon. Nancy L. Johnson. Magalie R. Salas, Secretary. [FR Doc. E4-976 Filed 4-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Amistad and Falcon Projects Rate Order No. WAPA-111 AGENCY: Western Area Power Administration, DOE. ACTION: Notice of order concerning a power rate formula. SUMMARY: The Deputy Secretary of the Department of Energy
(DOE)confirmed and approved Rate Order No. WAPA-111 placing a power rate formula for the Amistad and Falcon Projects of the Western Area Power Administration (Western) into effect on an interim basis. The provisional power rate formula will remain in effect on an interim basis until the Federal Energy Regulatory Commission (Commission) confirms, approves, and places it into effect on a final basis, or until the power rate formula is replaced by another power rate formula. DATES: The provisional rate formula extension will be placed into effect on an interim basis on June 8, 2004, and will be in effect until the Commission confirms, approves, and places the provisional rate formula extension into effect on a final basis for a 5-year period ending June 7, 2009, or until superseded. FOR FURTHER INFORMATION CONTACT: Mr. Bradley S. Warren, CRSP Manager, Colorado River Storage Project Management Center, Western Area Power Administration, P.O. Box 11606, Salt Lake City, UT 84147-0606,
(801)524-5493, e-mail *warren@wapa.gov,* or Ms. Carol Loftin, Rates Manager, Colorado River Storage Project Management Center, Western Area Power Administration, P.O. Box 11606, Salt Lake City, UT 84147-0606, telephone
(801)524-6380, e-mail *loftinc@wapa.gov.* SUPPLEMENTARY INFORMATION: The Amistad and Falcon Dams are features of international water storage projects located on the Rio Grande River between Texas and Mexico. Western markets the power from these dams under the terms of Contract No. 7-07-50-P0890 (Contract) dated August 9, 1977, and amended on April 10, 1986. The rate formula of that Contract was approved by the Federal Power Commission (FPC), predecessor to the Commission, for a 5-year period beginning with the date of initial operation of Amistad Power Plant, in Docket No. E-9566 on August 12, 1977. A 5-year rate extension approving this same rate formula through June 7, 1993, was ordered by the Commission on July 20, 1988, in 44 FERC 62,058. Subsequent 5-year renewals of the rate formula have been approved by the Commission. The most recent approval was on January 21, 2000, in Docket No. EF-99-5101-000, which approved the same power rate formula through June 7, 2004. According to article 9(a) of the Contract, Western calculates the annual installment to be paid by the South Texas Electric Cooperative, Inc. (STEC), and the Medina Electric Cooperative, Inc. (MEC), for the power generated at the Amistad and Falcon power plants on or before August 31 of the year preceding the fiscal year to which it pertains. Each annual installment pays the annual amortized portion of the United States' investment in the Amistad and Falcon hydroelectric facilities with interest, and the associated operation, maintenance, and administrative costs. This repayment schedule is not dependent upon the power and energy made available for sale or the rate of generation each year. Western will continue to provide STEC/MEC with a revised Exhibit A by August 31 of each year using the same methodology. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:
(1)The authority to develop power and transmission rates to Western's Administrator;
(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 Commission. Existing DOE procedures for public participation in power rate adjustments (10 CFR 903) were published on September 18, 1985 (50 FR 37835). Pursuant to Delegation Order Nos. 00-037.00 and 00-001.00A, 10 CFR part 903, and 18 CFR part 300, I hereby confirm, approve, and place Rate Order No. WAPA-111 into effect on an interim basis. The extension of the rate formula will be promptly submitted to the Commission for confirmation and approval on a final basis. Dated: April 20, 2004. Kyle E. McSlarrow, Deputy Secretary. Order Confirming, Approving, and Placing a Rate Formula Extension for Amistad and Falcon Projects Into Effect on an Interim Basis The Western Area Power Administration (Western) developed this power rate formula under the Department of Energy Organization Act (42 U.S.C. 7152). This Act transferred the power marketing functions of the Secretary 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 Act of 1939, (43 U.S.C. 485h(c)), and other Acts specifically applicable to the Amistad Project and the Falcon Project, to the Secretary. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:
(1)The authority to develop power and transmission rates to Western's Administrator;
(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 Commission. Existing DOE procedures for public participation in power rate adjustments (10 CFR 903) were published on September 18, 1985 (50 FR 37835). Acronyms and Definitions As used in this rate order, the following acronyms and definitions apply: *Commission:* Federal Energy Regulatory Commission. *Contract:* Contract No. 7-07-50-P0890 dated August 9, 1977, and amended on April 10, 1986, between Western, STEC, and MEC, for firm power. *Customers:* STEC and MEC. *DOE:* Department of Energy. *DOE Order RA 6120.2:* An order dealing with power marketing administration financial reporting used in determining revenue requirements for rate development. *FPC:* Federal Power Commission. *FY:* Fiscal year; October 1 to September 30. *kWh:* Kilowatthour. *MEC:* Medina Electric Cooperative, Inc. *Mills/kWh:* Mills per kilowatthour. *NEPA:* National Environmental Policy Act of 1969 (42 U.S.C. 4321, *et seq.* ). *O&M:* Operation and maintenance. *PRS:* Power repayment study. *Reclamation:* Bureau of Reclamation, U.S. Department of the Interior. *Secretary:* Secretary of Energy. *STEC:* South Texas Electric Cooperative, Inc. *U.S. Section:* U.S. Section of the International Boundary and Water Commission. *Western:* Western Area Power Administration, U.S. Department of Energy. Effective Date This power rate formula will become effective on an interim basis on June 8, 2004, and will be in effect pending the Commission's approval of this or a substitute rate formula on a final basis for a 5-year period through June 7, 2009, or until superseded. Public Notice and Comment Paragraph 903.23(a) of 10 CFR 903 does not require either a consultation and comment period, or public information or comment forums for rate extensions. The Customers have expressed their desire to continue using the rate formula through correspondence and letters of concurrence dated December 9, 2003. In addition, on March 17, 2004, Western met with the Customers in San Antonio, Texas, where Western notified them of its intent to continue the power rate formula. Western also discussed the number of years covered in the annual installments, operation and maintenance funding, answered questions, and received comments and suggestions. The customers expressed support to continue the power rate formula. Project Description The Amistad and Falcon Dams are features of international water storage projects located on the Rio Grande River between Texas and Mexico. Western markets the power from these dams under the terms of the Contract. On August 12, 1977, in Docket No. E-9566, the FPC approved for a 5-year period the rate formula contained in the Contract between Reclamation and the two electric cooperatives, to become effective on the date of initial operation of Amistad Power Plant (June 8, 1983). The Customers agreed to purchase the output of the Amistad and Falcon Power Plants for a 50-year period, beginning when initial electric service became available from Amistad. The cooperatives agreed to take all Amistad and Falcon power and to pay the United States an annual installment as discussed in the Contract. The power marketing functions of Reclamation were transferred to Western on October 1, 1977, and Western became responsible for the administration of the above Contract. Western and the Customers executed Supplement No. 1 to the Contract on April 10, 1986, to clarify the method for determining the annual installment consistent with DOE Order No. RA 6120.2. Those clarifications address repayment of Falcon hydroelectric facilities within the remaining period, establish interest during construction at 7 percent, capitalize major replacements and additions at current interest rates, and specify the actual date of initial service as June 8, 1983. Supplement No. 1 requires the amount of each annual installment be established in advance by the contracting officer in consultation with the U.S. Section and submitted to the cooperatives as Exhibit A on or before August 31 of the year preceding the appropriate fiscal year in accordance with the following: The amount of each annual installment shall be the sum of:
(1)An annual repayment installment including interest, to amortize within the remaining period, the unpaid United States investment in the Falcon hydroelectric facilities and in the penstocks at Amistad Dam; plus
(2)An annual installment to amortize over a 50-year period, the United States actual total investment costs with interest, for hydroelectric power facilities, not including penstocks, at Amistad Dam to be under the jurisdiction of the U.S. Section, including the costs of engineering plans, supervision, administration of construction, and interest during construction * * * and
(3)The annual operation, maintenance, replacement, and administration costs of the U.S. Section and the administration costs of Western related directly or indirectly to the United States power facilities at Amistad Dam and at Falcon Dam, provided that such costs shall be based on prudent and businesslike management practices and in accordance with established electric industry operation and maintenance practices * * *. The billing procedures contained in Supplement No. 1 require Western to submit bills to the cooperatives for each monthly payment on the annual installment on or before the tenth day of the month for which such payment is due. Payments are due and payable by the cooperatives on the first day of the following month. Western divides the calculated annual installment by 12 and bills the customer monthly for this amount. The rate formula of that Contract was approved by the FPC, for a 5-year period beginning with the date of initial operations of Amistad Power Plant, and subsequent 5-year renewals of the rate formula have been approved by the Commission through June 2004. Consequently, Commission approval is now sought for an additional 5-year period. The effective date is scheduled to be June 8, 2004, through June 7, 2009. Power Repayment Studies The Contract requires that Western calculate the annual installment to be paid by the customers for the power generated at the Amistad and Falcon Power Plants, in consultation with the U.S. Section, and submit it to STEC and MEC in the form of a contract exhibit on or before August 31 of the year preceding the FY to which it pertains. Western calculates the annual installment based on 2 years of data. The calculation includes the projected costs of the rate installment year (future fiscal year) and an adjustment from the last historic fiscal year. The adjustment is the surplus or deficit that occurs in the last historic year when actual costs and repayment obligations are subtracted from actual revenues. This surplus or deficit is combined with the projected rate installment year costs to arrive at the rate installment. Statement of Revenue and Related Expenses The following table provides a summary of revenues and expenses for the current 6-year rate formula and the actual revenues and expenses for the same period. Amistad/Falcon.—Comparison of 6-year Revenues and Expenses, FY 1999-2004 ($1,000) Item Projected from FY 1998 PRS Actual from FY 2003 PRS 1 Difference Total Revenues 20,550 26,057 5,507 Revenues Distribution: O&M 4,912 11,839 6,927 Interest 13,022 10,558 (2,464) Repayment 2,616 4,268 1,652 (Deficit)/Surplus
(608)Total Revenue Distribution 20,550 26,057 5,507 1 FY 2004 is estimated but still included in this chart as actual data, since it is the basis of the FY04 installment. The following table provides a summary of the projected revenues and expenses during the provisional rate formula period. Amistad/Falcon.—6-year Projections 1 Revenues and Expenses ($1,000) FY 2004-2009 Total Revenues 28,825 Revenue Distribution: O&M 14,479 Interest 11,629 Investment Repayment 2,717 Total 28,825 1 Although this rate process seeks approval for a 5-year period (FY 2005-2009), 6 years of data are shown in the above table because FY 2004 data is estimated. Environmental Compliance In compliance with the National Environmental Policy Act
(NEPA)of 1969 (42 U.S.C. 4321, *et seq.* ); Council on Environmental Quality Regulations (40 CFR 1500-1508); and DOE NEPA Regulations (10 CFR 1021), Western has determined that this action is categorically excluded from the preparation of an environmental assessment or environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 *et seq.* ) requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities and there is a legal requirement to issue a general notice of proposed rulemaking. Western has determined that this action does not require a regulatory flexibility analysis since it is a rulemaking of particular applicability involving rates or services applicable to public property. Small Business Regulatory Enforcement Fairness Act Western has determined that this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking of particular applicability relating to rates or services and involves matters of procedure. Availability of Information Information regarding this rate formula extension is available for public review in the Colorado River Storage Project Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111. Some of these documents are also available at *http://www.wapa.gov/crsp/rateanal.htm* under CRSP Rate Adjustment documents for the Amistad and Falcon Projects section. Submission to Federal Energy Regulatory Commission The rate formula extension herein confirmed, approved, and placed into effect on an interim basis, together with supporting documents, will be submitted to the Commission for confirmation and approval on a final basis. Order In view of the foregoing and pursuant to the authority delegated to me, I confirm and approve and place into effect on an interim basis a renewal of the rate formula provisions contained in the Contract and supplemented. The rate formula has been in effect since June 8, 1999. The rate formula provisions shall remain in effect on an interim basis, pending the Commission's confirmation and approval of this or a substitute rate formula on a final basis through June 7, 2009. Dated: April 20, 2004. Kyle E. McSlarrow, Deputy Secretary. [FR Doc. 04-9967 Filed 4-30-04; 8:45 am]
Connectionstraces to 17
Traces to 17 documents
9 references not yet in our index
  • 18 CFR 855.214
  • 18 CFR 33
  • 18 CFR 380
  • 16 USC 791a-825r
  • 40 CFR 1501.6
  • 10 CFR 903
  • 18 CFR 300
  • 40 CFR 1500
  • 10 CFR 1021
Citation graph
cites case law
Notices
Notice of order concerning a power rate formula
C.F.R.§ 385.2001
C.F.R.§ 385.211
C.F.R.§ 385.214
C.F.R.§ 157.10
C.F.R.§ 34.2
C.F.R.§ 157.205
U.S.C.§ 824b
C.F.R.§ 385.210
C.F.R.§ 385.2201
Cite18 CFR 855.214
Cite18 CFR 33
Cite18 CFR 380
Cites 26 · 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.