Notices. DEPARTMENT OF ENERGY

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BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2169-020] Alcoa Power Generating, Inc. (APGI); Notice of Settlement Agreement and Soliciting Comments May 14, 2004. Take notice that the following settlement agreement has been filed with the Commission and is available for public inspection. a. *Type of Application:* Settlement agreement. b. *Project No.:* 2169-020. c. *Date Filed:* May 7, 2004. d. *Applicant:* Alcoa Power Generating, Inc.

(APGI). e. *Name of Project:* Tapoco Project. f. *Location:* On the Little Tennessee and Cheoah Rivers in Graham and Swain Counties, North Carolina and Blount and Monroe Counties, Tennessee. The project affects Federal lands. g. *Filed Pursuant to:* Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. h. *Applicant Contact:* Mr. Norman L. Pierson, Property and Relicensing Manager, Alcoa Power Generation Inc., Tapoco Division, 300 North Hall Road, Alcoa, TN 37701-2516,

(865)977-3326. i. *FERC Contact:* Randy Yates at

(770)452-3784, or *lorance.yates@ferc.gov* . j. *Deadline for Filing Comments:* The deadline for filing comments on the Settlement Agreement is 20 days from the date of this notice. The deadline for filing reply comments is 30 days from the date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions of the Commission's Web site ( *http://www.ferc.gov* ) under the “e-filing” link. k. Alcoa Power Generating, Inc.

(APGI)filed the Comprehensive Settlement Agreement on behalf of itself and 22 other stakeholders. The purpose of the Settlement Agreement is to resolve, among the signatories, all issues related to APGI's pending Application for a New License for the Tapoco Hydroelectric Project. The issues resolved through the settlement relate to project operations; modifying impoundment rule curves; minimum flows; fish reintroductions; development of vegetation and rare, threatened and endangered species management plans; additions and improvements to recreation facilities; certain land use issues; and cultural resources management. APGI requests that the Commission approve the Settlement Agreement and incorporate proposed license articles outlined in the Settlement Agreement into a new 40-year license for the project. l. A copy of the Settlement Agreement is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “e-Library” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC 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. Register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E4-1205 Filed 5-21-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-334-000] CenterPoint Energy— Mississippi River Transmission Corp.; Notice of Application May 17, 2004. Take notice that on May 10, 2004, CenterPoint Energy—Mississippi River Transmission Corporation (CenterPoint-MRT), 1111 Louisiana Street, Houston, Texas 77210, filed in Docket No. CP04-334-000 pursuant to section 7(b) of the Natural Gas Act, an application for permission and approval to abandon a significant portion of its main line no. 1 located in Louisiana, Arkansas, and Missouri and two compressor stations located in Arkansas. Specifically, CenterPoint-MRT proposes to abandon; approximately 307 miles of main line no. 1 from its compressor station at Perryville, Louisiana to CenterPoint-MRT's compressor station in Poplar Bluff, Missouri; a backup interconnect between main line no. 1 and facilities owned by Natural Gas Company of America located in Randolph County, Arkansas; the Diaz and Sherrill compressor stations located in Arkansas; in addition, CenterPoint-MRT seeks to abandon by sale to CenterPoint Energy Gas Transmission Company (CenterPoint) an 18.3 mile-mile segment of main line no. 1 that extends from CenterPoint-MRT's Glendale compressor station to the town of Pine Bluff, Arkansas, all as more fully described in the request which is on file with the Commission and open to public inspection. This filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link, select “Docket #” and follow the instructions. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. CenterPoint-MRT states that main line no. 1 was originally installed in 1929, and that the age and mechanically coupled pipe of which the facilities are constructed are causing operational problems for CenterPoint-MRT. CenterPoint-MRT further states that service from its field zone to its market zone is currently served by main line nos. 2 and 3, in addition to main line no.1, and that main line nos. 2 and 3 would continue to provide CenterPoint-MRT's field zone to market zone service. The abandonment will not affect CenterPoint-MRT's ability to meet its firm service obligations. Accordingly, CenterPoint-MRT requests permission and approval to abandon the facilities as more fully described in the application. Any questions regarding this application should be directed to Lawrence O. Thomas, Director-Financial Analysis, CenterPoint Energy—Mississippi River Transmission Corporation, P.O. Box 21734, Shreveport, Louisiana 71101, or call

(318)429-2804. 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 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) by the comment date, below. 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. Protests, interventions, and 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 under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* June 1, 2003. Magalie R. Salas, Secretary. [FR Doc. E4-1203 Filed 5-21-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-683-000] New Light Energy, LLC; Notice of Issuance of Order May 17, 2004. New Light Energy, LLC (New Light) filed an application for market-based rate authority, with an accompanying tariff. The proposed tariff provides for wholesale sales of capacity and energy services at market-based rates. New Light also requested waiver of various Commission regulations. In particular, New Light requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by New Light. On May 14, 2003, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under Part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by New Light should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Notice is hereby given that the deadline for filing motions to intervene or protests, is June 14, 2004. Absent a request to be heard in opposition by the deadline above, New Light is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of New Light, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of New Light's issuances of securities or assumptions of liability. Copies of the full text of the Order are available from the Commission's Public Reference Branch, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the elibrary (FERRIS) link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E4-1204 Filed 5-21-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP02-39-000; CP02-40-000; CP02-41-000; and CP02-42-000] Pacific Gas and Electric Co.; Standard Pacific Gas Line Incorporated; Trans LLC; PG&E Gas Transmission, Northwest Corp.; Notice of Effective Date of Withdrawal May 17, 2004. Take notice that on April 13, 2004, Pacific Gas and Electric Company, Standard Pacific Gas Line Incorporated, GTrans LLC and Gas Transmission Northwest Corporation (formerly PG&E Gas Transmission, Northwest Corporation) (collectively, “Applicants”) filed a Notice of Withdrawal. Applicants seek to withdraw the application filed on November 30, 2001, and to terminate the present proceedings in the above referenced dockets. Under section 385.216(b) of the Commission's Regulations, a withdrawal of a pleading is effective 15 days after the withdrawal if no motion opposing the withdrawal is filed. No motion opposing the withdrawal was filed. Accordingly, the effective date of the withdrawal is April 28, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1202 Filed 5-21-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-105-000, et al.] Commonwealth Atlantic Limited Partnership, et al.; Electric Rate and Corporate Filings May 17, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Commonwealth Atlantic Limited Partnership; Exodus Energy LLC; and Exodus Energy Commonwealth Holdings LLC [Docket Nos. EC04-105-000 and ER90-24-003] Take notice that on May 12, 2004, Commonwealth Atlantic Limited Partnership, Exodus Energy LLC and Exodus Energy Commonwealth Holdings LLC (together, Applicants) filed with the Commission an application under section 203 of the Federal Power Act for authorization and notice of change in status with respect to an indirect transfer of an approximately 49.999 percent of the partnership interests in Commonwealth Atlantic Limited Partnership to Exodus Energy LLC. Applicants state that the jurisdictional facilities transferred consist of books and records, Commonwealth Atlantic Limited Partnership's market-based rate tariff and related contracts, and the interconnection equipment associated with the generating facility. *Comment Date:* June 1, 2004. 2. Duke Energy North America, LLC, Duke Energy Trading and Marketing, L.L.C., Duke Energy Marketing America, LLC and KGen Partners, Inc. [Docket No. EC04-106-000] Take notice that on May 13, 2004, Duke Energy North America, LLC (DENA), Duke Energy Trading and Marketing, L.L.C. (DETM), Duke Energy Marketing America, LLC (DEMA), and KGen Partners LLC

(KGen)filed with the Commission a joint application pursuant to section 203 of the Federal Power Act for Commission approval of the transfers of direct and indirect interests in jurisdictional facilities. Specifically, DENA proposes to transfer to KGen the membership interests in jurisdictional facilities. Specifically, DENA proposes to transfer to KGen the membership interests DENA owns in the following companies: Duke Energy Enterprises, LLC; Duke Energy Hinds, LLC; Duke Energy Hot Springs, LLC; Duke Energy Marshall County, LLC; Duke Energy Murray LLC; Duke Energy New Albany, LLC; Duke Energy Sandersville, LLC; and Duke Energy Southaven, LLC (collectively, the Project Companies). DENA states that each of the Project Companies either directly owns or controls a generation facility located in the Southeastern Electric Reliability Council region of United States. DETM and DEMA propose to assign to either KGen or one of the Project Companies certain related wholesale power sale and purchase agreements. DENA states that copies of this Joint Application are being served upon the Public Utilities Commissions of the States of Kentucky, Arkansas, Mississippi, and Georgia. *Comment Date:* June 17, 2004. 3. Riverside Energy Center, LLC [Docket No. EC04-107-000] Take notice that on May 13 2004, Riverside Energy Center, LLC (Applicant) tendered for filing an application under section 203 of the Federal Power Act for approval of the acquisition of the securities of Rocky Mountain Energy Center, LLC, an affiliated public utility. *Comment Date:* June 3, 2004. 4. Duke Energy Enterprise, LLC; Duke Energy Hinds, LLC; Duke Energy Hot Spring, LLC; Duke Energy Marshall County, LLC; Duke Energy Murray, LLC; Duke Energy New Albany, LLC; Duke Energy Sandersville, LLC; and Duke Energy Southaven, LLC [Docket Nos. ER02-565-005; ER01-691-006; ER02-694-005; ER02-530-006; ER02-302-006; ER02-171-005; ER02-1024-006; and ER02-583-005] Take notice that on May 13, 2004, KGen Partners LLC

(KGen)filed with the Commission notifications of a change in status with respect to the Commission's grant of market-based rate authority to Duke Energy Enterprise, LLC, Duke Energy Hinds, LLC, Duke Energy Hot Spring, LLC, Duke Energy Marshall County, LLC, Duke Energy Murray, LLC, Duke Energy New Albany, LLC, Duke Energy Sandersville, LLC and Duke Energy Southaven, LLC (the Project Companies). KGen states that the change in status will result from the disposition of jurisdictional facilities that will occur in connection with the transfer by Duke Energy North America, LLC

(DENA)to KGen of all of DENA's membership interests in the Project Companies. KGen further states that the notifications of change of status for each of the Project Companies are conditioned on the approval of a separate section 203 application filed concurrently with this filing (section 203 Application) and the closing of the proposed transaction for which the section 203 Application seeks approval. *Comment Date:* June 3, 2004. 5. WPS Canada Generation, Inc., Maine Public Service Company, and the Northern Maine Independent System Administrator, Inc. [Docket Nos. ER03-689-003 and ER04-210-001] Take notice that on May 13, 2004, WPS Canada Generation, Inc. (WPS Canada) tendered for filing with the Commission a refund report as required by the February 10, 2004, settlement agreement that was accepted by Commission in the order issued April 14, 2004, in Docket No. ER03-689-000, *et al.* , 107 FERC ¶ 61,020. WPS Canada states that copies of the filing were served on Maine Public Service Company, the Maine Public Utilities Commission, the Northern Maine Independent System Administrator, Inc. and the official service list in the above-captioned proceeding. *Comment Date:* June 3, 2004. 6. Cleco Power LLC [Docket No. ER04-838-000] Take notice that on May 13, 2004, Cleco Power LLC (Cleo Power), tendered for filing a Third Revised Service Agreement No. 66, under FERC Electric Tariff Original Volume No. 1. Cleco Power LLC states that the filing reflects revisions to the agreement made in section 1.3, Commercial Operation Date and that the Commercial Operation Date of June 1, 2005, has been revised to reflect a later date of June 1, 2006. Cleco Power requests an effective date of June 1, 2004. *Comment Date:* June 3, 2004. 7. MAG Energy Solutions, Inc. [Docket No. ER04-839-000] Take notice that on May 13, 2004, MAG Energy Solutions, Inc. (MAG E.S.) filed a request for acceptance of MAG E.S. Rate Schedule FERC No. 1; the grant of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. MAG E.S. states that

(1)it is an independent Canadian corporation with no affiliation of any kind with other corporations;

(2)it intends to engage in wholesale electric power and energy purchases and sales as a marketer; and

(3)that it is not in the business of generating or transmitting electric power. *Comment Date:* June 3, 2004. 8. American Electric Power Service Corporation [Docket No. ER04-840-000] Take notice that on April 29, 2004, American Electric Power Service Corporation

(AEP)on behalf of Kentucky Power Company and EnviroPower, L.L.C., filed

(1)a request for withdrawal of AEP's Notice of Cancellation of an Interconnection and Operations Agreement between AEP and Kentucky Mountain Power, L.L.C., a subsidiary of EnviroPower filed on November 18, 2003, in Docket No. ER04-200-000;

(2)a request for withdrawal EnvironPower's Motion for Leave to Intervene Out-of-time and Application for Rehearing or Reconsideration filed on February 11, 2004, in Docket No. ER04-200-002; and

(3)a request by AEP and EnviroPower for the Commission to vacate the Letter Orders issued January 12 and 13, 2004, in Docket No. ER04-200-000. *Comment Date:* May 27, 2004. 9. USGen New England, Inc. [Docket No. ER04-841-000] Take notice that on May 14, 2004, USGen New England, Inc. (USGenNE) filed, pursuant to section 205 of the Federal Power Act, a Reliability Agreement between the ISO New England Inc. (the ISO) and USGenNE for USGenNE's 763 MW Salem Harbor generation station located in Salem, Massachusetts. USGenNE states that the Reliability Agreement was negotiated between USGenNE and the ISO pursuant to section 18.5 of the Restated NEPOOL Agreement. USGenNE requests that the Commission issue an order within sixty

(60)days of the date of the filing, or otherwise as expeditiously as possible. USGenNE further requests that the Commission grant a waiver of certain of the Commission's filing requirements in part 35 of the Commission's regulations, including the 60 and 120-day prior notice requirements to the extent necessary to permit the Reliability Agreement to become effective as described in the filing. *Comment Date:* June 4, 2004. 10. PurEnergy Caledonia, LLC and Caledonia Energy, LLC [Docket Nos. ER04-842-000 and ER01-1383-003] Take notice that on May 13, 2004, PurEnergy Caledonia, LLC (PurEnergy Caledonia) submitted for filing with Commission its triennial updated market analysis in accordance with Appendix A of the Commission's April 27, 2001, Letter Order to Caledonia Generating, LLC in Docket No. ER01-1383-000. PurEnergy Caledonia states that it is the successor in interest to the market-based rate authority of Caledonia Generating, LLC. *See* Caledonia Generating, LLC, *et al.* ,105 FERC ¶ 62,014 (2003). PurEnergy Caledonia also submitted certain revisions to its FERC Electric Tariff, Original Volume No. 1 to incorporate the Market Behavior Rules set forth in Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). *Comment Date:* June 3, 2004. 11. Calpine King City Cogen, LLC [Docket Nos. QF85-735-005 and EL04-101-000] Take notice that on May 12, 2004, Calpine King City Cogen, LLC (Applicant) tendered for filing a petition for limited waiver of the Commission's operating standard for a topping-cycle cogeneration facility. *Comment Date:* June 11, 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. E4-1199 Filed 5-21-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. PL03-3-005; AD03-7-005; ER03-1271-000; CP01-418-000; CP03-7-001; CP03-301-000; RP03-245-000; RP99-176-089 and RP99-176-094; RP02-363-002; RP03-398-000; RP03-533-000; RP03-70-002 and RP03-70-003; CP01-421-000 and CP01-421-001; RP03-540-000 (Not Consolidated)] Price Discovery in Natural Gas and Electric Markets; Natural Gas Price Formation; Aquila, Inc.; B-R Pipeline Company; Colorado Interstate Gas Company; Colorado Interstate Gas Company, et al.; Kinder Morgan Interstate Gas Transmission LLC; Natural Gas Pipeline Company of America; North Baja Pipeline LLC; Northern Natural Gas Company; Northern Natural Gas Company; PG&E Gas Transmission, Northwest Corporation; Portland General Electric Company; Transcontinental Gas Pipe Line Corporation; Notice of Conference on Market Liquidity, Energy Price Discovery, and Natural Gas and Electricity Price Indices May 14, 2004. The Federal Energy Regulatory Commission (Commission) will hold a conference on the overall level of liquidity in wholesale natural gas and electricity markets, the adequacy of natural gas and electricity price formation, the level of reporting of energy transactions to price index developers, and the use of price indices in jurisdictional tariffs. The conference will take place on Friday, June 25, 2004, from 9:30 a.m. to 5 p.m., at the Commission's headquarters, 888 First Street, NE., Washington, DC. The conference will be conducted by the Commission's Staff but may be attended by members of the Commission. A quorum of the Commission may be present for all or part of the conference. The Commodity Futures Trading Commission

(CFTC)will participate. Background On May 5, 2004, the Commission Staff issued a *Report on Natural Gas and Electricity Price Indices* in which Staff reviewed Commission actions and developments since the issuance of the Commission's *Policy Statement on Natural Gas and Electric Price Indices* , 104 FERC ¶ 61,121 (2004), including particularly the results of the Commission's March 2004 survey of market participants. The Report identified four broad options for future Commission action and addressed the use of price indices in jurisdictional tariffs, including specific recommendations on price index developers' adherence to Policy Statement standards and the criteria pursuant to which an index may be used in jurisdictional tariffs. The Report also included an extensive technical appendix providing tabulated results of the voluntary survey conducted by the Commission in March 2004. Staff has held previous conferences and workshops in Docket No. AD03-7 on April 24, 2003, June 24, 2003, July 2, 2003, and in both Dockets on November 4, 2003. Information gathered from such conferences has been of material use to the Commission in understanding the range of issues confronting market participants in their varied uses of energy price indices, and of the uses of indices in jurisdictional tariffs. The June 25 conference will provide all interested parties an opportunity to develop the record further in light of the information and recommendations presented in the Staff Report. Scope of Conference The conference is open to discussion of all issues relevant to the formation of natural gas and electricity wholesale prices and the role of price indices both in the price formation process and as used by pipelines and utilities in jurisdictional tariffs. In particular, the Commission is interested in the following subjects: 1. *The overall market liquidity context for natural gas and electricity transaction reporting, and an evaluation of the extent to which wholesale energy trading is sufficient to generate reliable price signals for market participants.* Many parties commented that improving processes for price reporting and increasing the number of companies reporting their fixed price day-ahead and bid-week transactions, while laudable, still does not address the decline in activity in energy markets, raising the concern that liquidity in these markets is inadequate to generate strong confidence in the prices observed. Parties are invited to comment on trading activity in energy markets and the optimum structures for encouraging robust and transparent trading in natural gas and electricity. 2. *Current status of energy transaction reporting to index developers and adequacy and robustness of indices.* The Staff Report indicates that about 20 percent of companies surveyed report all of their “reportable” day-ahead and bid-week natural gas transactions and about 10 percent of companies surveyed report all of their day-ahead electricity transactions. At the same time, survey results indicate that, for responding companies that do report their transactions, there has been a significant improvement in key elements of the reporting process. As to natural gas and electricity indices themselves, the Report indicates most index developers have taken significant steps to adopt the Policy Statement standards. Nevertheless, many market participants still would like to have more information about the trading from which index prices are calculated. Parties are encouraged to discuss the import of the current level of price reporting and how price indices can best serve industry needs. 3. *Options for future Commission action on price indices and wholesale price formation.* The Staff Report outlined four general options for future Commission action on price formation issues. Parties are welcome to comment on the pros and cons of each of these options and recommend the most effective Commission action given current circumstances: • *Accept Current Progress.* The Commission could end active involvement with price formation issues and permit the industry to address issues without any formal structure or further guidance from the Commission. • *Continue To Focus Attention.* The Commission could actively encourage the industry to implement the Policy Statement fully and closely monitor the level of trading activity reported by price index developers as well as compliance with the Policy Statement standards for reporting and index development. • *Introduce Mandatory Reporting.* The Commission could move toward some form of mandatory price reporting of energy trade data, as some parties have urged over the past several months. • *Encourage Greater Reliance on Platforms for Trading, Confirmation/ Settlement and Clearing.* Some parties have observed that the most open forum for obtaining accurate price information is trading on an electronic platform. In additional to electronic platforms for trading, platforms set up to facilitate confirmations/settlements and clearing have potential to further aggregate transactions for the purpose of forming more robust price indexes at low incremental costs. The Commission could encourage greater industry use of electronic platforms in price formation, in conjunction with any of the three other options. • 4. *Review of survey response data* . The Staff Report provided a detailed technical appendix tabulating the responses to all questions asked in the March 2004 survey. Interested parties are encouraged to examine the results of the survey and to offer observations on the tabulations or further analysis of the data. Questions concerning the data provided in the appendix should be directed to Rafael Martinez at 202-502-6336, or by e-mail at *Rafael.Martinez@run spell.gov* . Staff continues to review the data generated by the survey results. Requests for specific further examination or explanation of the results by Staff should be filed in Docket Nos. PL03-3-04 and AD03-7-004. Staff will consider any such filings in the continuing review of survey data. 5. *Criteria for Use of Indices in Jurisdictional Tariffs* . In the Policy Statement, the Commission required, prospectively, that price indices in tariffs meet the Policy Statement standards and reflect adequate liquidity at the referenced pricing points. In certain cases, the Commission issued orders on tariff filings noting this requirement and calling for a Staff report on the index in question, with comments and additional evidence by the filing pipeline and intervenors to be submitted 15 days thereafter. 1 1 *See, e.g., Transcontinental Gas Pipe Line Corporatione* , 104 FERC ¶ 61,181 at P 11 (2003); *Northern Natural Gas Company* , 104 FERC ¶ 61,182 at P 8 (2003); *Natural Gas Pipeline Company of America* , 104 FERC ¶ 61,190 at P 8 and 105 FERC ¶ 61,269 at P 5 (2003); *Kinder Morgan Interstate Gas Transmission LLC* , 105 FERC ¶ 61,035 at P 18 (2003); and *Northern Natural Gas Company* , 105 FERC ¶ 61,172 at P 86 (2003). In the Staff Report, Staff made the following recommendations concerning the use of price indices in jurisdictional tariffs: • *Price Index Developer Compliance* . Staff recommends that six price index developers—Argus Media, Energy Intelligence Group, Inc., IntercontinentalExchange Inc., Io Energy, Intelligence Press, Inc., and Platts—be deemed to be in substantial compliance with the standards of the Policy Statement, and that Bloomberg, Btu/DTN, and Dow Jones be deemed conditionally to be in substantial compliance. • *Access to Confidential Data* . Staff qualifies its assessment that most price index developers are in substantial compliance with a recommendation that the price index developers should affirm they will provide the Commission with access to relevant data in the event of an appropriate request for data in connection with an investigation into possible false price reporting or price manipulation. • *Additional Information To Be Supplied by Indices Used in Jurisdictional Tariffs* . Staff recommends, effective September 1, 2004, any published index used in a jurisdictional tariff must regularly provide the volumes and the number of transactions from which the prices at all referenced locations are derived. If there were no transactions but a price assessment or estimate is supplied, the index must so state. • *Minimum Level of Activity* . For each index location used in a jurisdictional tariff, Staff recommends the published index must report a minimum level of activity at that location, measured by volumes or number of transactions at the relevant location(s). The minimum volume levels are 25,000 MMBtu/day or 4000 MWh/day, and the minimum transaction levels are five trades (daily index), eight trades (weekly index), or ten trades (monthly index). • *Evaluation Period* . Staff recommends indices be evaluated under the volume and transaction number criteria for a historical 90 day period (or one year for monthly indices). If an index does not supply volume and transaction number information for 90 previous days (or one year for monthly indices), the index may continue to be used in the tariff until the review period can be evaluated, so long as the index has begun regular publication of volumes and transaction numbers by September 1, 2004. • *Deferral of Action in Pending Cases* . Staff recommends further Commission action in cases in which changes have been made to index references in tariffs be deferred pending comments on the criteria recommended in the Staff Report. 2 2 As noted, in certain of the above-captioned cases, the Commission accepted newly filed tariff sheets making changes in indices utilized in jurisdictional tariffs, pending further action after receipt of a Staff report on the adoption of Policy Statement standards by the index publisher involved and on the adequacy of liquidity at the specific referenced locations. These cases are Transcontinental Gas Pipe Line Corporation, Docket No. RP03-540-000; Northern Natural Gas Company, Docket No. RP03-533-000; Natural Gas Pipeline Company of America, Docket Nos. RP99-176-089 and -094; Kinder Morgan Interstate Gas Transmission LLC, Docket No. RP03-245-000; and Northern Natural Gas Company, Docket No. RP03-398-000. In addition, similar tariff filings have been made in Aquila, Inc., Docket No. ER03-1271-000; Portland General Electric Company, Docket Nos. CP01-421-000 and -001; Colorado Interstate Gas Company, *et al.* , Docket Nos. CP03-301-000, *et al.* ; PG&E Gas Transmission, Northwest Corporation, Docket Nos. RP03-70-002 and -003; Colorado Interstate Gas Company, Docket No. CP03-7-001, North Baja Pipeline LLC, Docket No. RP02-363-002, and B-R Pipeline Company, Docket No. CP01-418-000. These latter cases did not include a specific requirement for a Staff report, but the same issues are present, and parties to those cases are hereby placed on notice that a Commission decision on the criteria recommended in the Staff Report may be applied in their cases. • *Use of Approved Indices.* Once an index and specific locations have been accepted by the Commission for use in a tariff, Staff recommends the use of the index and locations may continue until the pipeline or utility files a change in the index used in the tariff or an affected party seeks a change in the index being used based on the criteria no longer being met. Comments The Commission encourages interested parties to submit comments in advance of the conference. To the extent parties share similar interests, joint submissions are encouraged. Comments may address any of the subjects discussed above or other issues related to market liquidity, price formation, and price indices. Review of and comment on the tabulated survey results is also encouraged. In particular, the companies and intervenors in the above-captioned individual tariff dockets are encouraged to file comments and additional evidence on

(a)the extent to which the publishers of the price indices used in those tariffs meet Policy Statement standards and

(b)whether the criteria proposed by Staff to determine if the specific locations reflect adequate liquidity should be applied to the indices filed in those tariffs. All comments, including those in the above-captioned tariff dockets, should be filed by June 11, 2004. 3 Additional evidence on the suitability of the chosen index or indices should be filed in the individual tariff dockets. 4 Comments may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(l)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. 3 The Commission pointed out that the pipeline or utility filing the change in index use in its tariff has the ultimate burden of showing that its proposed index use is just and reasonable. *See, e.g., Transcontinental Gas Pipe Line Corporation* , 104 FERC ¶ 61,181 at P 14 (2003); *Northern Natural Gas Company* , 104 FERC ¶ 61,182 at P 10 (2003). 4 The June 11, 2004, comment date supersedes the previous requirement to file comments and additional evidence within 15 days of issuance of the Staff report in the tariff dockets identified in n.1, *supra* . Conference Information There is no charge to attend the conference and no requirement to register in advance for the conference. 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 them. 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.” Interested parties are urged to watch for further notices providing more information on the conference. For additional information please contact Ted Gerarden, 202-502-6187 or by e-mail at *Ted.Gerarden@ferc.gov* . For questions pertaining to the technical appendix to the Staff Report, please contact Rafael Martinez at 202-502-6336, or by e-mail at *Rafael.Martinez@ferc.gov* . By direction of the Commission. Magalie R. Salas, Secretary. [FR Doc. E4-1206 Filed 5-21-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD04-5-000] Northeast Energy Infrastructure Conference; Notice of Technical Conference and Agenda May 14, 2004. As announced in the Notice of Conference issued on April 1, 2004, the Federal Energy Regulatory Commission

(FERC)will hold a conference on June 3, 2004, in New York City to discuss issues regarding energy infrastructure in the northeastern States. These States include Maine, Vermont, New Hampshire, New York, Massachusetts, Connecticut, and Rhode Island. The conference will begin at 9 a.m. (please note time change) and conclude at approximately 5 p.m. (e.s.t.), and will be held at the Hilton New York, 1335 Avenue of the Americas, New York, NY (1-212-586-7000). All interested persons are invited to attend. There is no registration fee. The conference will focus on the adequacy and development of the electric, natural gas and other energy infrastructure in the Northeast. The FERC Commissioners will attend, and Governors, state utility commissioners, and other government officials have been invited to participate. The purpose of this conference is two-fold: To identify the challenges that face the Northeast in ensuring adequate energy supplies to high-growth areas and to coordinate our efforts in seeking solutions. By engaging experts and policymakers in a comprehensive, collaborative approach, we will pool our efforts into achieving a well-functioning infrastructure necessary to meet the Northeast's energy demands. The conference agenda is appended to this notice. The conference is not intended to deal with issues pending in individually docketed cases before the Commission, such as applications involving hydropower, natural gas certificates, or the formation of Regional Transmission Organizations. Therefore, all participants are requested to address the agenda topics and avoid discussing the merits of individual proceedings. Opportunities for Listening to and Obtaining Transcripts of the Conference Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. They will be available for the public on the Commission's eLibrary system seven calendar days after FERC receives the transcript. Additionally, Capitol Connection offers the opportunity for remote listening of the conference via Real Audio or a Phone Bridge Connection for a fee. Persons interested in making arrangements should contact David Reininger or Julia Morelli at the 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.” Audio tapes of the meeting will be available from VISCOM (703-715-7999). Although there is no registration fee, this is a reminder to please register for the conference online on the Commission Web site at *http://www.ferc.gov/EventCalendar/ EventDetails.aspx?ID=896& Date=6%2f3% 2f2004&CalendarID=0.* Questions about the conference program should be directed to: Carol Connors, Office of External Affairs, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, *carol.connors@ferc.gov* , 202-502-8870. Magalie R. Salas, Secretary. Conference Agenda Hilton New York, 1335 Avenue of the Americas, New York, NY, June 3, 2004. I. Opening Remarks and Introductions 9 a.m. to 9:10 a.m. Chairman Pat Wood III, Commissioner Nora Brownell, Commissioner Joseph Kelliher, Commissioner Suedeen Kelly. II. Broad Overview of Current Energy Infrastructure in the Northeast 9:10 a.m. to 9:20 a.m. • Jeff Wright, Office of Energy Projects, FERC. III. Forecasting Future Energy Infrastructure Needs in the Northeast 9:20 a.m. to 9:40 a.m. • Edward Krapels, Ph.D., Director, Energy Development Services, Energy Security Analysis, Inc. IV. New York City 9:45 a.m. to 11:45 a.m. —FERC Staff Introduction and Overview of the Panel Issues. As demand grows, there will be a need for new capacity—gas and electric—later in this decade. This panel would suggest solutions that allow infrastructure projects to be approved and constructed in a timely fashion before capacity constraints cause loss of service in this high-growth area. • Gil Quiniones, Chairman, New York City Energy Policy Task Force. • William Flynn, Chairman, New York Public Service Commission. • Eugene McGrath, Chief Executive Officer, Consolidated Edison Energy. • Glenn Kettering, President, NiSource Pipeline Company. • William Museler, President and Chief Executive Officer, NewYork ISO. • Steve Zelkowitz, President, Energy Assets and Supplies, KeySpan. • Charlie Fox, Deputy Chief of Staff, New York Governor George Pataki. • Steven Greenwald, Managing Director, Global Project Finance, Credit Suisse First Boston. • Frank Cassidy, President and Chief Executive Officer, PSEG Power LLC. V. Lunch 11:45 a.m. to 1:15 p.m. VI. New England 1:15 p.m. to 2:45 p.m. —FERC Staff Introduction and Overview of the Panel Issues. There are gas transmission constraints in New England from all geographic directions, effectively isolating the region and calling for more pipeline capacity or reliance on Liquified Natural Gas

(LNG)import terminals, which often face local opposition. Further, New England has seen considerable construction of gas-fired electric generation without a corresponding addition of electric transmission capacity to get this energy to markets. This panel would address these mounting infrastructure problems and seek to identify what can be done to coordinate efforts for expeditious consideration and construction of much needed projects. • Robert Keating, Commissioner, Massachusetts Department of Telecommunications and Energy. • Beth Nagusky, Director of Energy Independence and Security, Maine Governor's Task Force on LNG. • Paul Vaitkus, Vice President, NSTAR. • Gordon van Welie, President and Chief Executive Officer, ISO New England. • Dennis Welch, Chairman, Northeast Gas Association. • Richard Grant, President and Chief Executive Officer, Tractebel. • Linda Kelly, Commissioner, Connecticut Department of Public Utility Control. • Financial Analyst (invited). • Steven Corneli, Director of Regulatory Affairs, NRG Energy, Inc. VII. Regional Supply and Transport Availability 2:50 p.m. to 4:20 p.m. —FERC Staff Introduction and Overview of the Panel Issues. Availability of sufficient natural gas supplies to the Northeast appears to be in decline. At the same time, gas transmission capacity from outside the region is also at a premium, especially when considering the amount of gas-fired electric generation. In addition, there are capacity constraints at many points in the region's electric transmission grid ( *e.g.* , SW. Connecticut). Attempts to provide supply solutions have often been thwarted. This all translates into a supply crunch. Efforts must be made to get new supplies of energy not only into the region, but between subregions. • Steve Whitley, Senior Vice President, ISO New England. • John McCarthy, Business Leader of Commodities, National Energy Board (NEB), Canada. • Jeff Scott, Chief Operating Officer, NE Transmission, National Grid. • Rich Bolbrock, Vice President of Power Markets, Long Island Power Authority (LIPA). • Natural Gas Supply Association

(NGSA)Representative (invited). • Yves Filion, President, Hydro-Québec TransÉnergie. • Gregory Rizzo, Group Vice President, Duke Energy Gas Transmission. • Hal Kvisle, President and Chief Executive Officer, TransCanada. • Dave Boguslawski, Vice President of Transmission, Northeast Utilities. VIII. Discussion by Conference Registrants 4:25 p.m. to 5 p.m. Closing Remarks. [FR Doc. E4-1207 Filed 5-21-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Meeting, Notice of Vote, Explanation of Action Closing Meeting and List of Persons To Attend May 19, 2004. The following notice of meeting is published pursuant to section 3(a) of the Government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C. 552b: Agency Holding Meeting: Federal Energy Regulatory Commission. Date and Time: May 26, 2004, 2 p.m. Place: Room 3M 4A/B, 888 First Street, NE., Washington, DC 20426. Status: Closed. Matters To Be Considered: Non-Public Investigations and Inquiries, Enforcement Related Matters, and Security of Regulated Facilities. Contact Person for More Information: Magalie R. Salas, Secretary, telephone

(202)502-8400. Chairman Wood and Commissioners Brownell, Kelliher, and Kelly voted to hold a closed meeting on May 26, 2004. The certification of the General Counsel explaining the action closing the meeting is available for public inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426. The Chairman and the Commissioners, their assistants, the Commission's Secretary and her assistant, the General Counsel and members of her staff, and a stenographer are expected to attend the meeting. Other staff members from the Commission's program offices who will advise the Commissioners in the matters discussed will also be present. Magalie R. Salas, Secretary. [FR Doc. 04-11762 Filed 5-20-04; 10:56 am]

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