Notices. Notice

12,898 words·~59 min read·/register/2004/05/17/04-11117

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. RP00-331-007, RP01-23-009, and RP03-176-005] Algonquin Gas Transmission Company; Notice of Compliance Filing May 11, 2004. Take notice that on May 6, 2004, Algonquin Gas Transmission Company (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, the following revised tariff sheets to be effective May 1, 2004: Third Sub Second Revised Sheet No. 673 Third Sub Second Revised Sheet No. 675 Algonquin states that the purpose of this filing is to clarify the effective date for the changes to the cashout mechanism in section 25.10 of the General Terms and Conditions included in the compliance filing submitted on April 12, 2004, in the captioned dockets.

Algonquin states that copies of its filing have been mailed to 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 section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations.

Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(2004)(March 31 Order)). In this filing, Columbia states that it is submitting the information requested by the March 31 Order. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(DTI)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Fifth Revised Sheet No. 1402, with an effective date of April 1, 2004, to correctly reflect the terms of an existing negotiated transaction with Rochester Gas and Electric Corporation (RG&E). DTI states that the purpose of this filing is to amend its filing of April 30, 2004, in which DTI proposed to clarify an inconsistency to accurately reflect the on-going, year-to-year term of its negotiated rate agreement with RG&E, to include the clean copy of the revised tariff sheet that was inadvertently omitted from the original filing. DTI states that copies of its letter of transmittal and enclosures have been served upon DTI's 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1163 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-296-000] Iroquois Gas Transmission System, L.P.; Notice of Proposed Changes in FERC Gas Tariff May 11, 2004. Take notice that on May 7, 2004, Iroquois Gas Transmission System, L.P. (Iroquois) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Third Revised Sheet No. 157, with an effective date of June 6, 2004. Iroquois periodically conducts reviews of its tariff to determine if there are errors, omissions or non-substantive corrective changes that should be made. Recently Iroquois discovered a minor typographical error in Sheet No. 157. In order to correct this error, Iroquois is submitting this revised Sheet No. 157. Iroquois states that copies of its filing were served on all jurisdictional customers and interested state regulatory agencies and all parties to the 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1171 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-297-000] Iroquois Gas Transmission System, L.P.; Notice Of Proposed Changes In FERC Gas Tariff May 11, 2004. Take notice that on May 7, 2004, Iroquois Gas Transmission System, L.P. (Iroquois) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, to become effective June 6, 2004: First Revised Sheet No. 4B Fourth Revised Sheet No. 93A Fifth Revised Sheet No. 94 Third Revised Sheet No. 97 Fourth Revised Sheet No. 105 Fifth Revised Sheet No. 106 Fourth Revised Sheet No. 162 Iroquois periodically conducts reviews of its tariff to determine if there are errors, omissions or non-substantive corrective changes that should be made. On September 1, 2000, Iroquois submitted and the Commission approved, tariff changes addressing a provision in Order No. 637 and 637-A (collectively the Orders) waiving the rate ceiling for short-term (less than one year) capacity release transactions between March 27, 2000 and September 1, 2002. The rate ceiling for short-term capacity release transactions has expired under the Orders and Iroquois desires to remove the outdated language referencing the waiver from its tariff. The tariff modifications proposed herein accomplish this task. Iroquois states that copies of its filing were served on all jurisdictional customers and interested state regulatory agencies and all parties to the 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1172 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP01-377-002] Northern Border Pipeline Company; Notice of Negotiated Rate May 11, 2004. Take notice that on May 7, 2004, Northern Border Pipeline Company (Northern Border) tendered for filing to become part of its FERC Gas Tariff, First Revised Volume No. 1, Fourth Revised Sheet No. 99A , to become effective May 8, 2004. Northern Border states that the purpose of this filing is to implement a negotiated rate agreement between Northern Border Pipeline Company and Peoples Energy Wholesale Marketing, LLC and to delete a negotiated rate between Northern Border and Peoples Energy Resources Corp. 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1166 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-232-001] Transcontinental Gas Pipe Line Corporation; Notice of Compliance Filing May 11, 2004. Take notice that on May 7, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Substitute First Revised Sheet No. 331 and Original Sheet No. 332, to be effective May 1, 2004. Transco states that the purpose of this filing is to comply with the Commission's Order issued on April 30, 2004, in the referenced docket, in which the Commission directed Transco to file, within 10 days, revised tariff sheets to modify its provisions in section 22 (Policy for Consolidation of Service Agreements) of its General Terms and Conditions. Transco states that copies of the filing are being mailed to parties included on the official service list in the referenced docket, interested State Commissions, and other interested parties. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1168 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-295-000] Transcontinental Gas Pipe Line Corporation; Notice of Tariff Filing May 11, 2004. Take notice that on May 7, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Fourth Revised Sheet No. 306, with a proposed effective date of April 1, 2004. Transco states that the purpose of the instant filing is to update this Delivery Point Entitlement

(DPE)tariff sheet in accordance with the provisions of section 19.1(f) and 19.2(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. Linda Mitry, Acting Secretary. [FR Doc. E4-1170 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-294-000] Trunkline Gas Company, LLC; Notice of Proposed Changes in FERC Gas Tariff May 11, 2004. Take notice that on May 7, 2004, Trunkline Gas Company, LLC (Trunkline) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the revised tariff sheets listed in Appendix A attached to the filing to become effective June 7, 2004. Trunkline states that this filing is being made to modify the transportation service agreements to clarify that shippers and Trunkline may enter into contracts with different levels of Maximum Daily Quantity

(MDQ)for specified periods within the contract term. Trunkline further states that copies of this filing are being served on all affected customers and applicable state regulatory agencies. 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1169 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-103-000, et al.] TECO Wholesale Generation, Inc., et al.; Electric Rate and Corporate Filings May 7, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. TECO Wholesale Generation, Inc. [ Docket No. EC04-103-000] Take notice that on May 4, 2004, TECO Wholesale Generation, Inc.

(TWG)filed with the Commission an application pursuant to section 203 of the Federal Power Act requesting authorization to engage in a corporate reorganization that will alter the intermediate upstream ownership of certain facilities subject to the Commission's jurisdiction. TWG states that the transaction will have no adverse effect on competition, rates or regulation. *Comment Date:* May 26, 2004. 2. Tampa Electric Company [Docket No. ER03-48-002] Take notice that on April 30, 2004, Tampa Electric Company (Tampa Electric) tendered the following tariff sheets for inclusion in its open access transmission tariff (FERC Electric Tariff, Second Revised Volume No. 4): Second Revised Sheet No. 76; Second Revised Sheet No. 91; Second Revised Sheet No. 92; Second Revised Sheet No. 119. Tampa Electric states that the tariff sheets contain revised rates under Schedules 1, 7, and 8 and Attachment H of the open access tariff that were approved as part of the settlement agreement in Docket No. ER03-48-000, and are submitted in compliance with that settlement agreement. Tampa Electric proposes that the tariff sheets be made effective on June 1, 2004. Tampa Electric states that copies of the compliance filing have been served on the parties to the proceeding in Docket No. ER03-48-000, the customers under Tampa Electric's open access tariff, and the Florida Public Service Commission. *Comment Date:* May 21, 2004. 3. New England Power Pool [Docket No. ER04-781-000] Take notice that on April 30, 2004, the New England Power Pool (NEPOOL) Participants Committee filed for acceptance materials to:

(1)Permit NEPOOL to expand its membership to include J&L Electric (J&L) and New Jersey Machine Inc. (NJM); and

(2)terminate the memberships of AllEnergy Marketing Company, LLC (AllEnergy), Reliant Energy Services, Inc. (Reliant), Readsboro Electric Department (Readsboro), and Village of Johnson, Vermont Electric Light Department (Johnson). The Participants Committee requests the following effective dates: April 1, 2004 for the termination of Reliant; and May 1, 2004 for commencement of participation in NEPOOL by J&L and NJM and the terminations of AllEnergy, Readsboro, and Johnson. Participants Committee states that copies of these materials were sent to the New England state governors and regulatory commissions and the Participants in NEPOOL. *Comment Date:* May 21, 2004. 4. Commonwealth Edison Company PJM Interconnection, LLC. [Docket No. ER04-718-001] Take notice that on April 30, 2004, Commonwealth Edison Company (ComEd) and PJM Interconnection, LLC.

(PJM)submitted for filing an executed Service Agreement entered into between ComEd and PJM under PJM's Open Access Transmission Tariff (OATT). ComEd requests an effective date of May 1, 2004 for the Service Agreement. ComEd states that copies of the filing were served upon persons on the service list in this docket. *Comment Date:* May 21, 2004. 5. California Power Exchange Corporation [Docket No. ER04-785-000] Take notice that on April 30, 2004, the California Power Exchange Corporation (CalPX) tendered for filing its Rate Schedule for Rate Period 5, the period from July 1, 2004 through December 31, 2004. CalPX files this Rate Schedule pursuant to the Commission's Orders of August 8, 2002 (100 FERC ¶ 61,178) in Docket No. ER02-2234-000, and April 1, 2003 (103 FERC ¶ 61,001) issued in Docket Nos. EC03-20-000 and EC03-20-001, which require CalPX to make a new rate filing every six months to recover current expenses. CalPX states that the Rate Schedule therefore covers expenses projected for the period July 1, 2004 through December 31, 2004, and CalPX requests an effective date of July 1, 2004. CalPX states that it has served copies of the filing on its participants, on the California ISO, and on the California Public Utilities Commission. *Comment Date:* May 21, 2004. 6. Tampa Electric Company [Docket No. ER04-786-000] Take notice that on April 30, 2004, Tampa Electric Company (Tampa Electric) tendered for filing revised rate schedule sheets containing updated transmission service rates under its agreements to provide qualifying facility transmission service for Cargill Fertilizer, Inc. (Cargill) and Auburndale Power Partners, Limited Partnership (Auburndale). Tampa Electric proposes that the revised sheets containing the updated transmission service rates be made effective on May 1, 2004, and therefore requests waiver of the Commission's notice requirement. Tampa Electric states that copies of the filing have been served on Cargill, Auburndale, and the Florida Public Service Commission. *Comment Date:* May 21, 2004. 7. Tampa Electric Company [Docket No. ER04-787-000] Take notice that on April 30, 2004, Tampa Electric Company (Tampa Electric) tendered for filing revised rate schedule sheets containing updated caps on energy charges for emergency assistance service under its interchange service contract with Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, and Savannah Electric and Power Company, as represented by agent Southern Company Services, Inc. (collectively, Southern Companies). Tampa Electric requests that the revised rate schedule sheets be made effective on May 1, 2004, and therefore requests waiver of the Commission's notice requirement. Tampa Electric states that a copy of the filing has been served upon Southern Companies and the Florida Public Service Commission. *Comment Date:* May 21, 2004. 8. Tampa Electric Company [Docket No. ER04-788-000] Take notice that on April 30, 2004, Tampa Electric Company (Tampa Electric) tendered for filing an amended service agreement with Calpine Energy Services, LP (Calpine) for firm point-to-point transmission service under Tampa Electric's open access transmission tariff. Tampa Electric requests that the amended service agreement be made effective on June 1, 2004. Tampa Electric states that copies of the filing have been served on Calpine and the Florida Public Service Commission. *Comment Date:* May 21, 2004. 9. Wabash Valley Power Association, Inc. [Docket No. ER04-789-000] Take notice that on April 30, 2004, Wabash Valley Power Association, Inc. (Wabash Valley) tendered for filing its initial rate filing, consisting of a Formulary Rate Tariff for service to each of its Member cooperatives. Wabash Valley states that it will become a FERC-jurisdictional public utility on July 1, 2004, by virtue of its repurchase of its outstanding U.S. Department of Agriculture Rural Utilities Service debt. Wabash also states that in compliance with section 205 of the Federal Power Act (16 U.S.C. 824d), Wabash Valley is filing with the Commission all of its rates, terms and conditions of service. Wabash states that copies of this filing were served upon Wabash Valley's Members and the public utility commissions in Illinois, Indiana, Michigan and Ohio. *Comment Date:* May 21, 2004. 10. New York Independent System Operator, Inc. [Docket No. ER04-791-000] Take notice that on April 30, 2004, the New York Independent System Operator, Inc. (NYISO) filed proposed interim scheduling procedures for External Transactions at the Shoreham Proxy Generator Bus. NYISO is requesting permission to make the filing effective between June 22 and July 6, 2004, subject to its satisfying certain notice requirements specified in the filing. NYISO states that it has served a copy of this filing upon all parties that have executed Service Agreements under the NYISO's Open-Access Transmission Tariff or Services Tariff, ISO New England Inc., the New York State Public Service Commission and the electric utility regulatory agencies in New Jersey and Pennsylvania. *Comment Date:* May 21, 2004. 11. California Independent System Operator Corporation [Docket No. ER04-793-000] Take notice that on April 30, 2004, California Independent System Operator Corporation

(ISO)tendered for filing a proposed amendment (Amendment No. 59) to the ISO Tariff. The ISO states that Amendment No. 59 provides standards for dynamic scheduling of imports of Energy and Ancillary Services. ISO requests that the provisions of Amendment No. 59 be put into effect 60 days from the date of this filing, *i.e.,* on June 29, 2004, with the exception of the proposed revision to the definition of Tolerance Band which will be made effective in accordance with the orders on MD02 Phase 1B. ISO states that copies this filing has been served on the Public Utilities Commission of California, the California Energy Commission, the California Electricity Oversight Board and on all parties with effective Scheduling Coordinator Service Agreements under the ISO Tariff. *Comment Date:* May 21, 2004. 12. Entergy Services, Inc. [Docket No. ER04-795-000] Take notice that on April 30, 2004, Entergy Services, Inc., (Entergy) on behalf of Entergy Arkansas, Inc., tendered for filing an unexecuted, amended and restated Interconnection and Operating Agreement with Plum Point Energy Associates, LLC (Plum Point), and an updated Generator Imbalance Agreement with Plum Point. *Comment Date:* May 21, 2004. 13. PJM Interconnection, L.L.C. [ Docket No. ER04-796-000] Take notice that on April 30, 2004, PJM Interconnection, L.L.C. (PJM), tendered for filing an unexecuted service agreement for non-firm point-to-point transmission service with Exelon Generation Company, L.L.C., (ExGen) for use solely in connection with a dynamic schedule, in an amount not to exceed 35 MW, to the Hannibal, Ohio facility of Ormet Primary Aluminum Corporation. PJM states that consistent with the Commission's order issued on April 27, 2004 (107 FERC ¶ 61,087) establishing May 1, 2004 as the effective date for ComEd's integration, PJM requests that the enclosed agreement be accepted effective May 1, 2004, and therefore requests waiver of the 60-day notice requirement. PJM states that copies of this filing were served upon ExGen and the state commissions in the PJM region. *Comment Date:* May 21, 2004. 14. ISO New England Inc. [Docket No. ER04-798-000] Take notice that on April 30, 2004, ISO New England Inc.

(ISO)submitted notice to the Commission regarding the correction of Day-Ahead Energy Market results for April 19, 2004 and an application pursuant to section 205 of the Federal Power Act to revise Market Rule 1 to address the events of April 19, 2004 and other such situations. ISO states that copies of the filing have been served on all NEPOOL Participants, and the Governors and utility regulatory agencies of the New England States. *Comment Date:* May 21, 2004. 15. Southwest Power Pool, Inc. [ER04-799-000] Take notice that on April 30, 2004, Southwest Power Pool, Inc.

(SPP)submitted for filing an executed service agreement for Network Integration Transmission Service and an executed Network Operating Agreement with Kansas Electric Power Cooperative, Inc. (KEPCO). SPP states that it seeks an effective date of April 1, 2004 for the service agreement. SPP states that it has served KEPCO with a copy of this filing. *Comment Date:* May 21, 2004. 16. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-800-000] Take notice that on April 30, 2004, Midwest Independent Transmission System Operator, Inc.

(ISO)pursuant to section 205 of the Federal Power Act and section 35.12 of the Commission's regulations, 18 CFR 35.12 (2003), submitted for filing a Facilities Construction Agreement among Louisville Gas and Electric Company and Kentucky Utilities, the Midwest ISO and Cinergy Services, Inc., acting as agent for and on behalf of its operating company, PSI Energy, Inc. ISO states that a copy of this filing was served on all parties. *Comment Date:* May 21, 2004. 17. Commonwealth Edison Company [Docket No. ER04-801-000] Take notice that on April 30, 2004, Commonwealth Edison Company (ComEd) tendered for filing an executed Standard Large Generator Interconnection Agreement between ComEd and Indeck-Elwood, L.L.C., for Indeck's Elwood Energy Center generating facility, located in Elwood, Illinois. ComEd requests that the Commission accept the LGIA for filing as a service agreement under the PJM OATT effective as of May 1, 2004. *Comment Date:* May 21, 2004. 18. Wisconsin Electric Power Company [Docket No. ER04-804-000] Take notice that on April 30, 2004, Wisconsin Electric Power Company (Wisconsin Electric) tendered for filing a proposed amendment to an agreement with Alliant Energy Corporation (Alliant) pursuant to which Wisconsin Electric provides Alliant wholesale distribution export service. Wisconsin Electric states that the purpose of the amendment is to extend the term of the agreement and to increase the rate Wisconsin Electric charges for the service which is provided under Wisconsin Electric's Rate Schedule FERC No. 102. Wisconsin Electric states that copies of this filing have been served upon Alliant, the Michigan Public Service Commission and the Public Service Commission of Wisconsin. *Comment Date:* May 21, 2004. 19. Wabash Valley Power Association [Docket No. ER04-805-000] Take notice that on April 30, 2004, Wabash Valley Power Association (Wabash Valley) submitted an Application for Market-Based Rate Authority. Wabash Valley states that it will become a FERC-jurisdictional public utility on July 1, 2004, by virtue of its repurchase of its outstanding U.S. Department of Agriculture Rural Utilities Service debt. Therefore, in compliance with section 205 of the Federal Power Act (16 U.S.C. 824d), Wabash Valley is requesting such authority, effective July 1, 2004. Wabash Valley states that copies of this filing were served upon Wabash Valley's Members and the public utility commissions in Illinois, Indiana, Michigan and Ohio. *Comment Date:* May 21, 2004. 20. Unitil Power Corp. [Docket No. ER04-806-000] Take notice that on April 29, 2004, Unitil Power Corp. (Unitil System) tendered for filing pursuant to Attachment 1 to Rate Schedule FERC No. 1, the Amended Unitil System Agreement, Appendix I, section D, the following material:

(1)Statement of all sales and billing transactions under Supplement No. 1 to Rate Schedule FERC No. 1, the Unitil System Agreement, for the period January 1, 2003 through April 30, 2003 along with the actual costs incurred by Unitil Power Corp. by FERC account;

(2)statement of all billing transactions under the Amended Unitil System Agreement for the period May 1, 2003 through December 31, 2003 along with the actual costs incurred by Unitil Power Corp. by FERC account, including the calculation of Contract Release Payments and Administrative Service Charges, and

(3)Unitil Power Corp. rates billed from January 1, 2003 to April 30, 2003 and supporting rate development, under the Unitil System Agreement. Unitil Power Corp. states that a copy of the filing was served upon the New Hampshire Public Utilities Commission. *Comment Date:* May 21, 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. E4-1162 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-104-000, et al.] Virginia Electric and Power Company, et al.; Electric Rate and Corporate Filings May 10, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Virginia Electric and Power Company; UAE Mecklenburg Cogeneration LP; Mecklenburg Cogenco, Inc.; Cogeneration Capital Corp.; American Energy Holdings Corp.; United American Energy Corp. [Docket No. EC04-104-000] Take notice that, on May 6, 2004, Virginia Electric and Power Company (Dominion Virginia Power) and UAE Mecklenburg Cogeneration LP (UAE Mecklenburg), Mecklenburg Cogenco, Inc. (Cogenco), Cogeneration Capital Corp. (Capital), United American Energy Holdings Corp. and United American Energy Corp. (UAE Corp.) (collectively, Applicants), submitted for filing, pursuant to section 203 of the Federal Power Act and Part 33 of the Commission's regulations, an application requesting Commission authorization for:

(1)The proposed transfer of 100% of the ownership interests of Cogenco and Capital from UAE Corp. to Dominion Virginia Power;

(2)Dominion Virginia Power's ownership of an approximately 138 MW generating facility and its appurtenant transmission facilities located near Clarksville, Virginia (collectively, the Facility) resulting from the proposed transfer; and

(3)the proposed transfer of the Facility's market-based rate tariff (collectively, the Acquisition). UAE Corp. also requests that the Commission authorize, to the extent necessary, certain proposed internal restructurings of UAE Corp., that will occur prior to the closing of the Acquisition. 1 The Applicants request that the Commission act on the Application within approximately sixty days or by July 5, 2004. 1 Prior to Closing, UAE Corp. may either convert Cogenco and Capital to Delaware limited liability companies or transfer the partnership interests in UAE Mecklenburg to limited liability companies that are wholly-owned indirect subsidiaries of UAE Corp., and Dominion Virginia Power will purchase the resulting LLC membership interests (in either case, the UAE Internal Reorganization). In any event, Dominion Virginia Power will acquire entities that are indirectly wholly-owned by UAE Corp. and whose sole assets are the general and limited partnership interests in UAE Mecklenburg. To the extent required, UAE Corp. requests Commission authority for the UAE Internal Reorganization in this filing. UAE Corp. assumes the Commission's Section 203 jurisdiction over the UAE Internal Reorganization and it requests that the Commission authorize, to the extent necessary, the UAE Internal Reorganization. Applicants state that copies of the filing were served upon the parties to the transaction, Dominion Virginia Power's wholesale requirements customers, the Virginia State Corporation Commission and the North Carolina Utilities Commission. *Comment Date:* May 27, 2004. 2. The Detroit Edison Company [Docket No. EL04-31-002] Take notice that on April 30, 2004, The Detroit Edison Company (Detroit Edison) tendered for filing in compliance with the Commission's March 5, 2004 Order in Docket No. EL04-31-000 the net effect on imbalance payments as a result of the recalculation of the decremental prices for the period of January 1, 2003 through December 1, 2003. *Comment Date:* May 21, 2004. 3. Mississippi Delta Energy Agency and the Clarksdale Public Utilities Commission of the City of Clarksdale, MS, Complainants v. Entergy Services, Inc., and Entergy Operating Companies, Respondents [Docket No. EL04-99-000] Take notice that on May 5, 2004, the Mississippi Delta Energy Agency and the Clarksdale Public Utilities Commission of the City of Clarksdale, Mississippi filed a formal complaint against Entergy Services, Inc., and Entergy Operating Companies (collectively, Entergy) pursuant to section 206 of the Federal Power Act and Rule 206 of the Commission's Rules of Practice and Procedure, alleging that Entergy has unjustly and unreasonably classified certain transmission facilities as direct assignment facilities rather than network upgrades, in violation of Commission policy concerning pricing for network transmission facilities. *Comment Date:* May 25, 2004. 4. Conectiv Atlantic Generation, LLC [Docket No. ER00-1770-007] Take notice that on May 3, 2004, Conectiv Atlantic Generation, LLC

(CAG)tendered for filing a notice of change in status under CAG's market-based rate authority to reflect CAG's acquisition of the Deepwater generating station from its affiliate, Atlantic City Electric Company. CAG submits that its ownership of Deepwater does not raise market power concerns and should not affect CAG's existing market-based rate authority. CAG states that copies of the filing were served upon the Public Service Commission of the District of Columbia, Maryland Public Service Commission, Virginia State Corporation Commission, State of New Jersey Board of Public Utilities and Delaware Public Service Commission. *Comment Date:* May 24, 2004. 5. California Independent System Operator Corporation [Docket No. ER02-651-004] Take notice that on May 3, 2004, the California Independent System Operator Corporation

(ISO)submitted a filing to comply with the Commission's Order issued on April 1, 2004, in Docket No. ER02-651-002, 107 FERC ¶ 61,001. The ISO states that the compliance filing has been served on all parties to these proceedings. *Comment Date:* May 24, 2004. 6. Ohio Valley Electric Corporation [Docket No. ER03-1414-001] Take notice that on May 3, 2004, Ohio Valley Electric Corporation submitted a compliance filing pursuant to Commission's Order issued April 1, 2004 in Docket No. ER03-1414-000. Ohio Valley Electric Corporation states that a copy of this filing was served upon PSEG Lawrenceburg Energy Company LLC. *Comment Date:* May 24, 2004. 7. PJM Interconnection, L.L.C. [Docket No. ER04-676-001] Take notice that on May 3, 2004, PJM Interconnection, L.L.C.

(PJM)submitted for filing a substitute executed construction service agreement

(CSA)among PJM, Industrial Power Generating Corporation, and Monongahela Power Company, The Potomac Edison Company, and West Penn Power Company, all doing business as Allegheny Power. PJM requests waiver of the Commission's notice requirements to allow a March 12, 2004 effective date for the substitute CSA. PJM states that copies of this filing were served upon persons designated on the official service list compiled by the Secretary in this proceeding, the parties to the agreements, and the state regulatory commissions within the PJM region. *Comment Date:* May 24, 2004. 8. Virginia Electric and Power Company [Docket No. ER04-712-001] Take notice that on May 3, 2004, Virginia Electric and Power Company, doing business as Dominion Virginia Power, tendered for filing a revised tariff sheet (Revised Sheet) in Virginia Electric and Power Company's FERC Electric Tariff, Second Revised Volume No. 5

(OATT)modifying the pricing of Backup Supply Service for Unbundled Retail Transmission Customers under Schedule 10 to its OATT. Dominion Virginia Power continues its request for waiver of the Commission's notice of filing requirements to allow the Revised Sheet to become effective as of the date of the Virginia State Corporation Commission's

(SCC)final order in Case No. PUE-2003-00118. Dominion Virginia Power states that copies of the filing were served upon the Commission's official service list in this proceeding. *Comment Date:* May 24, 2004. 9. Southwest Power Pool, Inc. [Docket Nos. RT04-1-002 and ER04-48-002] Take notice that on May 3, 2004, Southwest Power Pool, Inc. (SPP), in compliance with Commission Order in *Southwest Power Pool, Inc.,* 106 FERC ¶ 61,110 (2004), submitted tariff revisions and additional documentary support in connection with SPP's efforts to become a fully compliant regional transmission organization

(RTO)under Commission Order Nos. 2000 and 2000-A. SPP states that copies of this compliance filing were served upon all persons on the service list in this docket, as well as all SPP Members and each state regulatory commission in the SPP service area. *Comment Date:* May 24, 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. E4-1177 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 935-053] PacifiCorp; Notice of Application and Applicant Prepared Environmental Assessment Tendered for Filing With the Commission, and Establishing Procedural Schedule for Relicensing and Deadline for Submission of Final Amendments May 11, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New major license. b. *Project No.:* 935-053. c. *Date Filed:* April 28, 2004. d. *Applicant:* PacifiCorp. e. *Name of Project:* Merwin Hydroelectric Project. f. *Location:* On the North Fork Lewis River, in Clark and Cowlitz Counties, Washington. The project occupies 142.65 acres of Federal land administered by the Bureau of Land Management. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Frank C. Shrier, Lead Project Manager, Hydro Licensing, PacifiCorp 825 NE. Multnomah Street, Suite 1500 Portland, Oregon 97232; telephone

(503)813-6622. i. *FERC Contact:* Jon Cofrancesco at

(202)502-8951; or e-mail at *jon.cofrancesco@ferc.gov* . j. *Deadline for filing comments on the application:* 60 days from the filing date shown in paragraph (c), or June 28, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments 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 ( *http://www.ferc.gov* ) under the “e-Filing” link. After logging into the e-Filing system, select “Comment on Filing” from the Filing Type Selection screen and continue with the filing process. The Commission strongly encourages electronic filing. The Commission's rules of practice require all interveners filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Cooperating Agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item j above. Agencies granted cooperating status will be precluded from being an intervenor in this proceeding consistent with the Commission's regulations. l. With this notice, we are initiating consultation with the Washington State Historic Preservation Officer (SHPO), as required by 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. m. *Status:* This application has not been accepted for filing. We are not soliciting motions to intervene, protests, or final terms and conditions at this time. n. *The Project Description:* The existing project consists of:

(1)A 728-foot-long concrete radius arch dam;

(2)a reservoir with a surface area of 4,040 acres at the normal maximum operating level (239.6 feet mean sea level);

(3)a 1,462-foot-long diversion tunnel;

(4)an intake structure;

(5)three 150-foot-long penstocks;

(6)a powerhouse, containing three 45 megawatt

(MW)and one 1 MW generating units, having a total installed capacity of 136 MW;

(8)a gated spillway; and

(9)appurtenant facilities. PacifiCorp operates the Merwin Project as a regulation facility in a coordinated manner with three upstream hydroelectric projects for the purposes of power generation, flood management, recreation, and downstream fish habitat enhancement. The project provides minimum instream flows to meet ramping requirements for the lower river. PacifiCorp does not propose any major modifications to project facilities or upgrades and proposes to implement various environmental measures at the project. o. *Locations of the Application:* A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field (P-935), to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item

(h)above. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. *Procedural schedule and final amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate. Milestone Target date Issue acceptance or deficiency letter July 2004. Request additional information (if necessary) July 2004. Notice soliciting final terms and conditions July 2004. Notice of Draft NEPA Document October 2004. Notice of Final NEPA Document February 2005. Ready for Commission Decision on the Application October 2005. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice soliciting final terms and conditions. Linda Mitry, Acting Secretary. [FR Doc. E4-1164 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2111-018] PacifiCorp; Notice of Application and Applicant Prepared Environmental Assessment Tendered for Filing With the Commission, and Establishing Procedural Schedule for Relicensing and Deadline for Submission Of Final Amendments May 11, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New Major License. b. *Project No.:* 2111-018. c. *Date Filed:* April 28, 2004. d. *Applicant:* PacifiCorp. e. *Name of Project:* Swift No. 1 Hydroelectric Project. f. *Location:* On the North Fork Lewis River, in Skamania County, Washington. The project occupies 63.25 acres of federal land administered by the Bureau of Land Management and 229.00 acres of federal lands administered by the U.S. Forest Service. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. §§ 791 (a)-825(r). h. *Applicant Contact:* Frank C. Shrier, Lead Project Manager, Hydro Licensing, PacifiCorp 825 N.E. Multnomah Street, Suite 1500, Portland, Oregon 97232; Telephone

(503)813-6622. i. *FERC Contact:* Jon Cofrancesco at

(202)502-8951; or e-mail at *jon.cofrancesco@ferc.gov.* j. *Deadline for filing comments on the application:* 60 days from the filing date shown in paragraph (c), or June 28, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments 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 ( *http://www.ferc.gov* ) under the “e-Filing” link. After logging into the e-Filing system, select “Comment on Filing” from the Filing Type Selection screen and continue with the filing process. The Commission strongly encourages electronic filing. The Commission's Rules of Practice require all interveners filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Cooperating Agencies:* We are asking federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item j above. Agencies granted cooperating status will be precluded from being an intervenor in this proceeding consistent with the Commission's regulations. l. With this notice, we are initiating consultation with the Washington State Historic Preservation Officer (SHPO), as required by 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. m. *Status:* This application has not been accepted for filing. We are not soliciting motions to intervene, protests, or final terms and conditions at this time. n. *The Project Description:* The existing project consists of:

(1)A 2,100-foot-long earthfill dam;

(2)a reservoir with a surface area of 4,680 acres at the normal maximum operating elevation (1,000 feet mean sea level);

(3)a 3,000-foot-long diversion tunnel;

(4)an intake structure;

(5)three individual penstocks;

(6)a surge tank;

(7)a powerhouse, containing three 80-megawatt (MW), generating units, having a total installed capacity of 240 MW;

(8)a 1,800-foot-long, gated spillway and discharge channel; and

(9)appurtenant facilities. PacifiCorp operates the Swift No. 1 Project as a flexible and load following facility in a coordinated manner with three downstream hydroelectric projects to meet reservoir storage requirements, and for the purposes of flood management, system load, and recreation. PacifiCorp does not propose any major modifications to project facilities or upgrades and proposes to implement various environmental measures at the project. o. *Locations of the Application:* A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field (P-2111), to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item

(EIS)on KeySpan LNG, L.P.'s (KeySpan LNG) proposed KeySpan LNG Facility Upgrade Project in Providence, Rhode Island. On May 7, 2004, the Commission gave notice that KeySpan LNG filed applications on April 30, 2004, for its proposal under sections 3 and 7 of the Natural Gas Act. That notice gave a deadline of May 21, 2004, for the filing of motions to intervene, protest, and comment. This instant notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. Your input will help determine which issues need to be evaluated in the EIS. Please note that the scoping period will close on June 11, 2004. Comments may be submitted in written form or verbally. Further details on how to submit written comments are provided in the Public Participation section of this notice. In lieu of sending written comments, you may attend the public scoping meeting scheduled as follows: FERC Public Scoping Meeting, KeySpan LNG Facility Upgrade Project, Thursday, June 3, 2004, at 7 p.m. Rhode Island College, Providence, 600 Mt. Pleasant Ave. (John Fogarty Life Science Building). This notice is being sent to residences within 0.5 mile of KeySpan LNG's existing liquefied natural gas

(LNG)storage facility and to landowners, businesses, and residents adjacent to a planned natural gas pipeline. It is also being sent to Federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. We 1 are asking local government representatives to notify their constituents of this planned project and to encourage them to comment on their areas of concern. 1 ”We,” “us,” and “our” refer to the environmental staff of the FERC's Office of Energy Projects. Summary of the Proposed Project KeySpan LNG proposes to upgrade its existing LNG storage facility in Providence, Rhode Island. The upgrade would allow KeySpan LNG to convert the LNG terminal to a facility capable of receiving marine deliveries and to augment the facility's existing vaporization system. According to KeySpan LNG, the KeySpan LNG Facility Upgrade Project would provide a new source of reliable LNG imports to Rhode Island which would serve the entire New England area, as well as augment the supply of LNG needed to fill the region's LNG storage facilities to meet peak day needs. The project would increase the site's current capacity of 150 million standard cubic feet per day (MMSCFD) to a total of 525 MMSCFD. The facilities proposed include: • A new ship berth in the Providence River; • New liquid unloading arms and a transfer line; • New vapor return blowers, vapor return line, and loading arm; • Boil-off-gas compressor and condenser; • New LNG pumping system; • Operations control buildings; • Other ancillary LNG facilities; and • 1.3 miles of 20-inch-diameter pipeline to transport natural gas from the terminal an existing pipeline currently owned and operated by Algonquin Gas Transmission Company (Algonquin). 2 2 This interconnecting pipeline would likely be constructed by Algonquin, not KeySpan LNG. KeySpan LNG would also abandon by removal a 12-inch-diameter LNG barge uploading line to provide space for the new ship vapor return line. A map depicting the LNG facility location and the pipeline route under consideration is provided in appendix 1. 3 3 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies are available on the Commission's Internet Web site ( *http://www.ferc.gov* ) at the “eLibrary” link or from the Commission(s Public Reference Room at

(202)502-8371. For instructions on connecting to eLibrary, refer to the end of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. KeySpan LNG proposes to complete the project in time for the fall 2005 heating season. To achieve this in-service date, KeySpan LNG is requesting approval to begin construction of the facilities in the spring of 2005. The approximate duration of construction would be 7-9 months. The EIS Process The FERC will be the lead Federal agency for this EIS process which is being conducted to satisfy the requirements of the National Environmental Policy Act (NEPA). The FERC will use the EIS to consider the environmental impact that could result if it issues KeySpan the requested authorizations under sections 3 and 7 for its proposed project. This notice formally announces our preparation of the EIS and the beginning of the process referred to as “scoping.” We are soliciting input from the public and interested agencies to help us focus the analysis in the EIS on the potentially significant environmental issues related to the proposed action. Our independent analysis of the issues will initially be included in a draft EIS. The draft EIS will be mailed to Federal, State, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; affected landowners; other interested parties; and local libraries and newspapers. A 45-day comment period will be allotted for review of the draft EIS. We will consider all timely comments and revise the document, as necessary, before issuing a final EIS. By this notice, we are asking these and other Federal, State, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EIS. Agencies that would like to request cooperating status should follow the instructions for filing comments provided below. Currently, the U.S. Army Corps of Engineers; U.S. Coast Guard; and the Rhode Island Department of Environmental Management, Division of Fish and Wildlife (RIDFW) have expressed their interest in participating as cooperating agencies to satisfy their environmental review responsibilities. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by KeySpan LNG and the RIDFW. The following preliminary list of issues may be changed based on your comments and our analysis: • Commercial and recreational use of the Providence River; • Contaminated soils and hazardous wastes; and • Public safety. Public Participation You can make a difference by providing us with your comments or concerns about the proposal. Please focus your comments on the potential environmental effects, reasonable alternatives (including alternative facility sites and pipeline routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please mail your comments so that they will be received in Washington, DC on or before June 11, 2004, and carefully follow these instructions: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of your comments for the attention of Gas Branch 1, DG2E; and • Reference Docket No. CP04-223-000 on the original and both copies. The public scoping meeting to be held on June 3, 2004, in Providence is designed to provide another opportunity to offer comments on the proposed project. Interested groups and individuals are encouraged to attend the meeting and to present comments on the environmental issues they believe should be addressed in the EIS. A transcript of the meeting will be made so that your comments will be accurately recorded. The Commission encourages electronic filing of comments. *See* 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “eFiling” link and the link to the User's Guide. Prepare your submission in the same manner as you would if filing on paper and save it to a file on your hard drive. Before you can file comments you will need to create an account by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” Becoming an Intervenor In addition to involvement in the EIS scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must provide 14 copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to rule 214 of the Commission(s rules of practice and procedure (18 CFR 385.214) ( *see* appendix 2). 4 Only intervenors have the right to seek rehearing of the Commission's decision. 4 Interventions may also be filed electronically via the Internet in lieu of paper. *See* the discussion below on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Availability of Additional Information Additional information about the project is available from the Commission(s Office of External Affairs at 1-866-208-FERC

(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” ( *i.e.* , CP04-223-000), and follow the instructions. Searches may also be done using the phrase “KeySpan LNG Facility Upgrade Project” in the “Text Search” field. For assistance with access to eLibrary, the helpline can be reached at 1-866-208-3676, TTY

(202)502-8659, or at *FERCOnlineSupport@ferc.gov* . The eLibrary link on the FERC Internet website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. In addition, the FERC now offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . Linda Mitry, Acting Secretary. [FR Doc. E4-1173 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PL04-9-000] Acquisition and Disposition of Merchant Generation Assets by Public Utilities; Notice of Technical Conference May 11, 2004. 1. Take notice that a technical conference will be held on acquisitions and dispositions by public utilities on June 10, 2004, from 1 a.m. to 4 p.m. (EST), in the Commission Meeting Room at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. Members of the Commission will attend the conference. An agenda will be issued at a later time. The topic of the conference will be issues associated with public utilities' acquisition and disposition of merchant generation assets, including the implications for the competitive landscape in general and for a region's wholesale competition in particular. The conference will discuss proposals for addressing these issues and concerns. 2. The conference will be transcribed. Those interested in acquiring the transcript should contact Ace Reporters at 202-347-3700 or 800-336-6646. Transcripts will be placed in the public record ten days after the Commission receives the transcripts. Additionally, Capitol Connection offers the opportunity for remote listening and viewing of the conference. It is available for a fee, live over the Internet, by phone or via satellite. Persons interested in receiving the broadcast, or who need information on making arrangements, should contact David Reininger or Julia Morelli at Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.org* and click on “FERC.” 3. For more information about the conference, please contact Mary Beth Tighe at 202-502-6452 or *mary.beth.tighe@ferc.gov* . 4. A supplemental notice of this conference will be issued later that will provide details of the conference, including the panelists. Magalie R. Salas, Secretary. [FR Doc. E4-1174 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PL04-6-000] Solicitation Processes for Public Utilities; Notice of Technical Conference May 11, 2004. 1. Take notice that a technical conference will be held on the solicitation processes for public utilities on June 10, 2004, from 9:30 a.m. to 12 p.m. (EST), in the Commission Meeting Room at the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC. Members of the Commission will attend the conference. An agenda will be issued at a later time. 2. The topic of the conference will be issues associated with solicitation processes, including solicitations whereby public utilities sell to their affiliates. The conference will address proposals for best practice competitive solicitation methods or principles that could be used to ensure that transactions filed with the Commission for approval are the result of an open and fair process. 3. The conference will be transcribed. Those interested in acquiring the transcript should contact Ace Reporters at 202-347-3700 or 800-336-6646. Transcripts will be placed in the public record ten days after the Commission receives the transcripts. Additionally, Capitol Connection offers the opportunity for remote listening and viewing of the conference. It is available for a fee, live over the Internet, by phone or via satellite. Persons interested in receiving the broadcast, or who need information on making arrangements, should contact David Reininger or Julia Morelli at Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection website at *http://www.capitolconnection.org* and click on “FERC.” 4. For more information about the conference, please contact Mary Beth Tighe at 202-502-6452 or *mary.beth.tighe@ferc.gov* . 5. A supplemental notice of this conference will be issued later that will provide details of the conference, including the panelists. Magalie R. Salas, Secretary. Docket No. RM04-7-000 [FR Doc. E4-1175 Filed 5-14-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OAR-2004-0051; FRL-7662-6] Agency Information Collection Activities: Proposed Collection; Comment Request; Recordkeeping and Reporting Requirements for Diesel Fuel Sold in 2001 and Later Years and for Tax-Exempt

(Dyed)Diesel Fuel, EPA ICR Number 1718.06, OMB Control Number 2060-0308 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a continuing Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This is a request to renew two existing and related ICRs and combine them into one ICR renewal. These ICRs are scheduled to expire on September 30, 2004. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before July 16, 2004. ADDRESSES: Submit your comments, referencing docket ID number OAR-2004-0051, to EPA online using EDOCKET (our preferred method), by e-mail to *a-and-r-Docket@epa.gov* , or by mail to: EPA Docket Center, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Mail Code: 6102T, Washington, DC 20460. Instructions for using EDOCKET are contained in the section entitled SUPPLEMENTARY INFORMATION, below. FOR FURTHER INFORMATION CONTACT: Anne Pastorkovich, Attorney/Advisor, Transportation and Regional Programs Division, Office of Transportation and Air Quality, telephone number:

(202)343-9623, fax number:

(202)343-2801, e-mail address: *pastorkovich.anne-marie@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has established a public docket for this ICR under Docket ID number OAR-2004-0051, which is available for public viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the Air Docket is

(202)566-1741. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to obtain a copy of the draft information collection, submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov./edocket.* *Affected entities:* Entities potentially affected by this action are refiners, importers, pipelines, petroleum marketers and other distributors of diesel fuel, terminal, fuel oil dealers, fuel additive manufacturers, and petroleum retailers and wholesale purchaser-consumers. *Title:* Recordkeeping and Reporting Requirements for the Fuel Quality Regulations for Diesel Fuel Sold in 2001 and Later Years; and for Tax-Exempt

(Dyed)Diesel Fuel. *Abstract:* This renewal includes recordkeeping and reporting under two existing and related ICRs that will expire on September 30, 2004. These are the fuel quality regulations for diesel fuel sold in 2001 and later years (covered by current EPA ICR No. 1718.04) and the recordkeeping and reporting requirements related to tax-exempt

(dyed)diesel fuel (covered by current EPA ICR No. 1718.03). These are described in summary in the following paragraphs and in detail in the draft Supporting Statement, which has been placed in the public docket. Summary of Recordkeeping and Reporting Related to the Fuel Quality Regulations for Diesel Fuel Sold in 2001 and Later Years The pollution emitted by diesel engines contributes greatly to our nation's continuing air quality problems. On January 18, 2001, EPA published a final rule that would establish standards for heavy-duty engines and vehicles and for highway diesel sulfur control. New emissions standards for these engines and vehicles will apply starting with model year 2007. Since the new technology developed will require low sulfur diesel fuel (15 parts per million sulfur or less), the regulations require the availability of this fuel starting by no later than 2006, with all highway diesel fuel required to meet the 15 parts per million standard by 2010. 1 1 *See* “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements,” 66 FR 5002 (January 18, 2001). The information under this ICR will be collected by EPA's Transportation and Regional Programs Division, Office of Transportation and Air Quality, Office of Air and Radiation (OAR), and by EPA's Air Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance (OECA). The information collected will be used by EPA to evaluate compliance with diesel sulfur control requirements under the diesel rule. This oversight by EPA is necessary to ensure attainment of the air quality goals of the diesel program. The scope of the recordkeeping and reporting requirements for each type of party (and therefore the cost to that party), reflects the party's opportunity to create, control or alter the sulfur content of diesel fuel. As a result, refiners and importers will generally have more requirements than parties downstream from the diesel production or import point. Refiners and importers are required to register with EPA and to submit annual pre-compliance reports on June 1st of 2003, 2004, and 2005. Those refiners and importers who generate credits must submit credit-related annual reports starting in 2006 or the first year credits are generated (whichever is earlier). All refiners and importers must submit annual reports including compliance information for 2006 through 2010. EPA has made every effort to minimize registration and reporting burdens and to ensure that parties do not have to submit duplicate information. For example, refiners and importers who have already registered with EPA for compliance with other fuels programs are not required to re-register for this program. Parties are required to generate and retain product transfer documents, which are documents normally and customarily generated in the course of business. These product transfer documents typically use simplified, software-generated product codes. Product transfer documents must be retained for five years. Regulated parties are required to retain records of any quality assurance testing they may perform on diesel fuel and such records would be normally and customarily retained in the course of business. A party may apply for relief from regulatory requirements under extreme and unforseen circumstances ( *e.g.* a refinery fire or flood) or may apply for an exemption to conduct research and development activities. We expect few applications under these provisions. We have made every effort to ensure that the application process is simple and requires only necessary information to make a decision as to whether to grant or deny a request. Summary of Recordkeeping and Reporting Related to the Dyeing of Tax-Exempt Diesel Fuel Diesel fuel not intended for use in motor vehicles (off-road diesel fuel) is required to be dyed red in order to distinguish it from motor vehicle diesel fuel. The Internal Revenue Service requires that tax-exempt motor vehicle diesel fuel also be dyed red. To distinguish off-road diesel fuel from tax-exempt motor vehicle diesel fuel, parties in the fuel distribution system must refer to the product transfer document. Product transfer documents are normally and customarily generated in the course of business and typically use simplified, software generated codes. Product transfer documents must be retained for five years. 2 2 See 40 CFR 80.29(c). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments to:

(i)evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)enhance the quality, utility, and clarity of the information to be collected; and

(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Burden Statement:* It is estimated that there will be 420,685 reports, 39,575 burden hours, and total annual costs (labor, overhead and maintenance, and purchased services) of $7,522,375. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The estimated burden in explained in detail on pages 22-30 of the draft Supporting Statement, which has been placed in docket OAR-2004-0051 and which is available via the EDOCKET and at the address listed in the ADDRESSES section, above. Other helpful information, including the final Supporting Statements for the expiring ICR Nos. 1718.03 and 1718.04, have also been placed in the docket in order to assist the public in commenting on this renewal. Dated: May 3, 2004. Suzanne Rudzinski, Director, Transportation and Regional Programs Division, Office of Transportation and Air Quality. [FR Doc. 04-11117 Filed 5-14-04; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

CFR

U.S. Code

2 references not yet in our index