Notices. Notice

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

BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-305-013] CenterPoint Energy—Mississippi River Transmission Corporation; Notice of Negotiated Rate May 27, 2004. Take notice that on May 25, 2004, CenterPoint Energy—Mississippi River Transmission Corporation

(MRT)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Fourteenth Revised Sheet No. 10, to be effective May 15, 2004. MRT states that this tariff sheet reflects the expiration of a negotiated rate transaction between MRT and CenterPoint Energy Gas Transmission Company. MRT further states that Rate Schedule FTS TSA, contract number 3229 has expired by its own terms effective as of the end of the day, May 14, 2003. 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 makeprotestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-1272 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-255-001] Columbia Gas Transmission Corporation; Notice of Compliance Filing May 27, 2004. Take notice that on May 24, 2004, Columbia Gas Transmission Corporation (Columbia) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following revised tariff sheets with a proposed effective date of May 8, 2004: Sixth Revised Sheet No. 320 Fourth Revised Sheet No. 345 Columbia states that on April 8, 2004, it filed revised tariff sheets that, among other things, added new language to the minimum pressure and hourly flow rate provisions of its General Terms and Conditions (GTC). Columbia further states that on May 7, 2004, the Commission accepted Columbia's proposed revised tariff sheets subject to Columbia making a specific revision to the filed sheets and the instant filing reflects the required revisions. Columbia states that copies of its filing have been mailed to all firm customers, interruptible customers, and affected State commissions. 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 eFiling link. Magalie R. Salas, Secretary. [FR Doc. E4-1274 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-92-002] Georgia Public Service Commission; Notice of Compliance Filing May 28, 2004. Take notice that on May 17, 2004, Atlanta Gas Light Company (Atlanta) tendered for filing its Georgia Public Service Commission Gas Tariff incorporating certain revisions in purported compliance with a Federal Energy Regulatory Commission Order issued April 15, 2004, in Docket No. RP04-92-000. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed on or before the protest date as shown below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. For assistance, please contact FERCOnline Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *ee* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Protest Date:* June 4, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1260 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-361-029] Gulfstream Natural Gas System, L.L.C.; Notice of Negotiated Rate May 28, 2004. Take notice that on May 25, 2004, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Original Sheet No. 8Y, reflecting an effective date of June 1, 2004. Gulfstream states that this filing is being made in connection with a negotiated rate transaction, under Rate Schedule PALS, pursuant to section 31 of the General Terms and Conditions of Gulfstream's FERC Gas Tariff. Gulfstream states that Original Sheet No. 8Y identifies and describes the negotiated rate transaction, including the exact legal name of the relevant shipper, the negotiated rate, the rate schedule, the contract terms, and the contract quantity. Gulfstream also states that Original Sheet No. 8Y includes footnotes where necessary to provide further details on the transaction listed thereon. Gulfstream states that copies of its filing have been mailed to all affected customers and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the eFiling link. Magalie R. Salas, Secretary. [FR Doc. E4-1267 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-361-028] Gulfstream Natural Gas System, L.L.C.; Notice of Negotiated Rate May 27, 2004. Take notice that on May 24, 2004, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Sub Original Sheet No. 8N, with an effective date of November 1, 2003, and a revised negotiated rate letter agreement with one of its shippers. Gulfstream states that the purpose of this filing is to comply with the Commission's Order issued in the captioned dockets on December 24, 2003 (December 24 Order). Gulfstream states that it has made changes to a negotiated rate agreement and the tariff sheet reflecting the terms of the negotiated rate agreement, as directed by the December 24 Order. Gulfstream states that it has served this filing on all parties on the Commission's Official Service List in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules of practice and procedure. 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 proceeding. 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 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. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the eFiling link. Magalie R. Salas, Secretary. [FR Doc. E4-1273 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP03-398-000 and RP04-155-000 (Consolidated)] Northern Natural Gas Company; Notice of Informal Settlement Conference May 28, 2004. Take notice that an informal settlement conference will be convened in this proceeding commencing at 1 p.m. (e.s.t.) on Thursday, June 17, 2004, and continuing, if necessary, at 9:30 a.m. on Friday, June 18, 2004, in a room to be announced later at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, for the purpose of exploring the possible settlement of the above-referenced dockets. Any party, as defined by 18 CFR 385.102(c), or any participant as defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to become a party must move to intervene and receive intervenor status pursuant to the Commission's regulations (18 CFR 385.214). For additional information, please contact Kevin Frank,

(202)502-8065, *kevin.frank@ferc.gov* ; Gopal Swaminathan,

(202)502-6132, *gopal.swaminathan@ferc.gov* ; or William Collins,

(202)502-8248, *william.collins@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-1268 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-343-000] Paiute Pipeline Company; Notice of Application May 28, 2004. Take notice that on May 21, 2004, Paiute Pipeline Company (Paiute), P.O. Box 94197, Las Vegas, Nevada 89193-4197, filed in Docket No. CP04-343-000 an application pursuant to sections 7(b) and 7(c) of the Natural Gas Act

(NGA)and part 157 of the Commission's regulations for an order granting a certificate of public convenience and necessity to construct compression facilities and approval to abandon facilities and services associated with its liquefied natural gas

(LNG)service all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call

(202)502-3676 or TYY,

(202)502-8659. Paiute states that as part of its transmission system, Paiute operates an LNG peak shaving facility near Lovelock, Nevada. Paiute states that it leases this peaking facility along with approximately 61 miles of 20-inch diameter loopline from Public Service Resources Corporation. The current term of the lease expires on July 6, 2005, and Paiute states that it has been unable to negotiate an extension of the lease. Paiute states that all of its LNG storage customers have given notice of their termination of their storage service and that these customers have made alternate transportation arrangements on Tuscarora Gas Transmission Company's (Tuscarora). Specifically, Paiute proposes to:

(1)Abandon the storage facility;

(2)abandon approximately 61 miles of 20-inch diameter loop pipeline between the LNG storage facility and Wadsworth Junction on Paiute's mainline;

(3)abandon its LNG storage services under Rate Schedule LGS-1;

(4)construct and operate a new 3,747 horsepower compressor station approximately 2 miles north of the Wadsworth Junction in Washoe County, Nevada to partially replace the capacity associated with the pipeline loop; and

(5)make certain minor modifications at seven locations where Paiute's 16-inch diameter mainline ties into the leased pipeline. Paiute estimates that the new compressor station will cost $9,265,000. Paiute requests a Commission order no later than December 1, 2004, to meet an in-service date of July 1, 2005. At this time, the Commission staff cannot evaluate Paiute's proposal because Paiute has not provided sufficient detailed technical information related to the abandonment and deactivation of the LNG peak shaving facility. For this reason, Commission staff will conduct a technical conference in the near future after the comment period, at which, Paiute will be required to present detailed plans for the deactivation and abandonment of the LNG peak shaving facility's equipment, liquefier, vaporizers, pumps, compressors, tanks, instrumentation, etc., beyond the purging procedures identified in the application. Paiute will also be required to explain how these plans conform to the equipment manufacturers' recommendations. Any questions regarding the application should be directed to Edward C. McMurtrie at

(702)876-7178, Paiute Pipeline Company, P.O. Box 94197, Las Vegas, Nevada 89193-4197. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's rules of practice and procedure (18 CFR 385.214 or 385.211) and the regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Persons who wish to comment only on the environmental review of this project, or in support of or in opposition to this project, should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the applicant. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests, and interventions 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. *Comment Date:* June 17, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1263 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-305-000] Puget Sound Energy, Inc.; Notice of Proposed Changes in FERC Gas Tariff May 27, 2004. Take notice that on May 24, 2004, Puget Sound Energy, Inc. (Puget) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, to be effective June 24, 2004: Third Revised Sheet No. 1 Original Sheet Nos. 112 through 116 Puget states that the purpose of this filing is to incorporate in its tariff Amendment No. 5 dated May 14, 2004, to the Jackson Prairie Gas Storage Project Agreement in order to reflect the interim storage capacity and storage service rights resulting from the completion of the second phase of the authorized storage capacity expansion of the Jackson Prairie Gas Storage Project approved in Docket No. CP02-384-000. 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

(205)325-7696. Southern Natural requests authorization to abandon by sale to Atlanta Gas Light Company (Atlanta Gas) about 253.6 miles of various pipelines located between Southern Natural's south main lines and north main lines which serve the metropolitan area of Atlanta, Georgia. Southern Natural proposed to sell the various pipelines and appurtenant facilities to Atlanta Gas at a cost of about $32,000,000. In addition, Southern will abandon 10 meter stations and two regulator stations and construct, install, and operate four new delivery points consisting of tap, metering, and appurtenant facilities at Southern's existing property at the Thomaston Compressor Station, the Bass Junction Crossover, the South Atlanta #1 site and the Ben Hill Check Station. Southern also requests authorization to construct, install, and operate about 6.36 miles of 30-inch pipeline to close the gap between its 20-inch Thomaston-Griffin 2nd Loop and 30-inch Ocmulgee-Atlanta 3rd Loop in Spalding County, Georgia. The total cost of these facilities is estimated to be $19,280,289. Finally, Southern proposes to uprate about 11.4 miles of its 16-inch South Main Line between Milepost 459.9 and 471.3 in Jefferson and Richmond Counties, Georgia from a Maximum Allowable Operating Pressure

(MAOP)of 1,100 psig to an MAOP of 1,200 psig. In addition, Southern Natural and Atlanta Gas have agreed to extend the terms of various natural gas transportation agreements between themselves on a staggered basis until 2015. Southern Natural requests the Commission's approval of the application by no later than October 31, 2004, in order to close on the sale of facilities by April 1, 2005. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, 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 (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Persons who wish to comment only on the environmental review of this project, or in support of or in opposition to this project, should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the applicant. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests, and interventions 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. *Comment Date:* June 18, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1262 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP01-411-005] Tractebel Calypso Pipeline, LLC; Notice of Compliance Filing May 27, 2004. Take notice that on May 24, 2004, Tractebel Calypso Pipeline, LLC (Tractebel Calypso) tendered for filing as part of its FERC Gas Tariff, First Revised Pro Form Volume No. 1, the following tariff sheets: First Revised Pro Forma Tariff Sheet Nos. 1 through 521 Tractebel Calypso asserts that the purpose of this filing is to comply with the Commission's May 1, 2003 Preliminary Determination On Non-Environmental Issues, 103 FERC ¶ 61, 106 (Preliminary Determination), in Docket Nos. CP01-409-000, 001, and 002 CP01-410-000, 001, and 002, CP01-411-000, 001, and 002, CP01-444-000, 001, and 002 and March 24, 2004 Order Issuing Certificates, Section 3 Authorization, And Presidential Permit, 106 FERC ¶ 61, 273 (Final Order) in Docket Nos. CP01-409-000, 001, and 002, CP01-410-000, 001, and 002, CP01-411-000, 001, and 002, CP01-444-000, 001, and 002. Tractebel Calypso asserts that the revisions to the pro forma tariff sheets establish an Interruptible Revenue Crediting Provision, eliminate ACA charges from the pro forma rates, update the pro forma tariff to incorporate currently required NAESB standards, update the pro forma tariff to conform to Order No. 637 and its subsequent clarifications and revisions, relating to scheduling procedures, capacity segmentation, and pipeline penalties, provide for a lost and unaccounted for fuel reimbursement provision. Tractebel also states that the revised *pro forma* tariff sheets reflect the use of Tractebel Calypso's current name and address. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed on or before the protest date as shown below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(NGA)and part 157 of the Commission's regulations for an order granting a certificate of public convenience to construct and operate compression facilities to provide additional firm transportation for three customers all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call

(202)502-3676 or TYY,

(202)502-8659. Specifically, Tuscarora seeks authority to construct and operate:

(1)A new 8,000 horsepower gas-fired compressor station (Likely Compressor Station) on Tuscarora's mainline near Milepost 81.6 in Modoc County, California; and

(2)a new 3,600 horsepower booster compressor unit at its existing Wadsworth Booster Station in Washoe County, Nevada. Tuscarora estimates that the proposed facilities will cost $16.5 million and will be able to provide 51,753 Dth per day of new firm capacity. Tuscarora requests a Commission order by November 18, 2004 in order to have the proposed facilities in service by the 2005-2006 heating season. Any questions regarding the application should be directed to Gregory L. Galbraith, Tuscarora Gas Transmission Company, 1140 Financial Blvd., Suite 900, Reno, Nevada 89502, and phone: 775-834-4292; Fax 775-834-3886. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's rules of practice and procedure (18 CFR 385.214 or 385.211) and the regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Persons who wish to comment only on the environmental review of this project, or in support of or in opposition to this project, should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the applicant. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests, and interventions 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. *Comment Date:* June 17, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1264 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-306-000] Viking Gas Transmission Company; Notice of Proposed Changes in FERC Gas Tariff May 27, 2004. Take notice that on May 24, 2004, Viking Gas Transmission Company (Viking) tendered for filing its FERC Gas Tariff, First Revised Volume No. 1, the revised tariff sheets listed in Appendix A of the filing to become effective July 1, 2004. Viking states that during 2003, Northern Plains Natural Gas Company

(NPNG)became the new Operator of Viking. Viking explains that it proposes to make numerous housekeeping changes throughout its Tariff associated with the change in operation of Viking. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-1270 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES04-36-000, et al.] Midwest Independent Transmission System Operator, Inc., et al.; Electric Rate and Corporate Filings May 28, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Midwest Independent Transmission System Operator, Inc. [Docket No. ES04-36-000] Take notice that on May 24, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted an application pursuant to section 204 of the Federal Power Act requesting that the Commission authorize borrowings in an amount not to exceed $2 million under a loan agreement with the Indiana Development Finance Authority. Midwest ISO also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. *Comment Date:* June 17, 2004. 2. Pedro J. Pizarro [Docket No. ID-4033-000] Take notice that on April 30, 2004, Pedro J. Pizarro tendered for filing an application for authorization to hold interlocking positions between Southern California Edison Company and the California Power Exchange Corporation pursuant to section 305(b) of the Federal Power Act and part 45 of the Commission's regulations, 18 CFR 45 (2003). *Comment Date:* June 9, 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. E4-1259 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-65-000, et al.] GenWest LLC, et al.; Electric Rate and Corporate Filings May 27, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. GenWest LLC [Docket Nos. EC04-65-000 and ER04-820-001] Take notice that on May 21, 2004, GenWest LLC (GenWest) informed the Commission that the authorization granted by the Commission on March 30, 2004, in Docket No. EC04-65-000 to dispose of a 25 percent ownership interest in GenWest's Silverhawk Generating Facility to Southern Nevada Water Authority was consummated by a transaction on May 17, 2004. In addition, GenWest submitted an amendment to the Build-Transfer Agreement between GenWest and SWNA. GenWest also filed an amendment to its May 7, 2004, filing in Docket No. ER04-820-000 of a Co-Tenancy Agreement between itself and SNWA, designated GenWest LLC, Original Rate Schedule FERC No. 2. GenWest requests a May 17, 2004, effective date for Rate Schedule No. 2. *Comment Date:* June 11, 2004. 2. Naniwa Energy LLC [Docket No. EC04-112-000] Take notice that on May 24, 2004, Naniwa Energy LLC (Naniwa) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities, whereby KPIC North America Corporation's ownership interest in Naniwa would be transferred to Naniwa Terminal LLC. Naniwa has requested privileged treatment of certain information and documentation submitted with the application. *Comment Date:* June 14, 2004. 3. Mesquite Investors, L.L.C. and Newmarket Power Company, L.L.C. [Docket No. EC04-113-000] Take notice that on May 24, 2004, Mesquite Investors, L.L.C. (Mesquite) and Newmarket Power Company, L.L.C. (Newmarket) (jointly, Applicants) filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization for Mesquite to transfer to Newmarket all of Mesquite's membership interests in Bayonne Plant Holding, L.L.C. (Bayonne), Camden Plant Holding, L.L.C. (Camden), and Newark Bay Holding Company, L.L.C. (Newark Holding) (the Proposed Transaction) and for the potential sale of interests in Newmarket to passive investors. Applicants state that the proposed transaction will result in a change of control over the jurisdictional facilities owned directly by Bayonne and Camden, and indirectly by Newark Holding and its wholly-owned subsidiary, Liberty View Power, L.L.C. *Comment Date:* June 14, 2004. 4. SE Ravenswood Trust [Docket No. EG04-72-000] Take notice that on May 25, 2004, SE Ravenswood Trust (Applicant), tendered for filing an Application for Determination of Exempt Wholesale Generator Status pursuant to part 365 of the Commission's regulations. Applicant states that it is a Delaware entity formed to own and lease Ravenswood Unit 40, an approximately 250 MW generating facility located in Long Island City, New York. The New York Public Service Commission has determined that Ravenswood Unit 40 and its related equipment are eligible facilities in Case 04-E-0195, Order Authorizing Transaction and Providing for Other Relief (May 3, 2004). Applicant states that copies of the filing were served upon the United States Securities and Exchange Commission and the New York State Public Service Commission. *Comment Date:* June 15, 2004. 5. Sithe Energy Marketing, L.P., AG-Energy, L.P., Power City Power Partners, L.P., Seneca Power Partners, L.P., Sterling Power Partners, L.P., and Sithe/Independence Power Partners, L.P. [Docket Nos. ER02-2202-005, ER98-2782-006, and ER03-42-006] Take notice that on April 23, 2004, Sithe Energy Marketing, L.P., AG-Energy, L.P., Power City Power Partners, L.P., Seneca Power Partners, L.P., Sterling Power Partners, L.P. and Sithe/Independence Power Partners, L.P. (together, the Sithe Entities) submitted an updated triennial market power report and report of changes in status. Sithe Entities state that in this filing, they also request a waiver of the Commission's recent changes to its requirements for market power assessments or, in the alternative, an extension of time to submit additional market power assessments. *Comment Date:* June 8, 2004. 6. Pacific Gas and Electric Company [Docket Nos. ER04-142-001, ER04-143-001, and ER04-295-001] Take notice that on May 24, 2004, Pacific Gas and Electric Company (PG&E) submitted a compliance filing pursuant to the Commission's Order issued in Docket Nos. ER04-142-000, ER04-143-000 and ER04-295-000 on April 16, 2004. PG&E states that copies of PG&E's filing have been served upon each person designated on the official service list in these proceedings. *Comment Date:* June 14, 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,

(EIS)for the construction and operation of the liquefied natural gas

(LNG)import terminal and natural gas pipeline facilities proposed by Freeport LNG Development, L.P. (Freeport LNG), referred to as the Freeport LNG Project, in the above-referenced docket. The final EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The staff concludes that approval of the Freeport LNG Project, with appropriate mitigating measures as recommended, would have limited adverse environmental impact. The final EIS evaluates alternatives to the proposal, including system alternatives, alternative sites for the LNG import terminal, and pipeline alternatives. The final EIS addresses the potential environmental effects of the construction and operation of the following facilities in Brazoria County, Texas. • LNG ship docking and unloading facilities with a protected single berth equipped with mooring and breasting dolphins, three liquid unloading arms, and one vapor return arm; • Reconfiguration of a storm protection levee and a permanent access road; • Two 26-inch-diameter (32-inch outside diameter) LNG transfer lines, one 16-inch-diameter vapor return line, and service lines (instrument air, nitrogen, potable water, and firewater); • Two double-walled LNG storage tanks each with a usable volume of 1,006,000 barrels (3.5 billion cubic feet of gas equivalent); • Six 3,240 gallon-per-minute

(gpm)in-tank pumps; • Seven 2,315 gpm high-pressure LNG booster pumps; • Three boil-off gas compressors and a condensing system; • Six high-pressure LNG vaporizers using a primary closed circuit water/glycol solution heated with twelve water/glycol boilers during cold weather and a set of intermediate heat exchangers using a secondary circulating water system heated by an air tower during warm weather, and circulation pumps for both systems; • Two natural gas superheaters and two fuel gas heaters; • Ancillary utilities, buildings, and service facilities at the LNG terminal; and • 9.6 miles of 36-inch-diameter natural gas pipeline extending from the LNG import terminal to a proposed Stratton Ridge Meter Station. The purpose of the Freeport LNG Project is to provide the facilities necessary to deliver LNG to intrastate shippers, including the Dow Chemical Company and ConnocoPhillips, at the proposed Stratton Ridge Meter Station by 2007. Freeport LNG's proposed facilities would re-vaporize and transport up to 1.5 billion cubic feet of natural gas per day. The final EIS has been placed in the public files of the FERC and is available for public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First St., NE., Room 2A, Washington, DC 20426;

(202)502-8371. A limited number of copies of the final EIS are available from the Public Reference Room identified above. In addition, the final EIS has been mailed to Federal, State, and local agencies; elected officials; public libraries; newspapers; parties to the proceeding; and public interest groups, individuals, and affected landowners who requested a copy of the EIS. In accordance with the Council on Environmental Quality's

(CEQ)regulations implementing the NEPA, no agency decision on a proposed action may be made until 30 days after the U.S. Environmental Protection Agency publishes a notice of availability of a final EIS. However, the CEQ regulations provide an exception to this rule when an agency decision is subject to a formal internal appeal process which allows other agencies or the public to make their views known. In such cases, the agency decision may be made at the same time the notice of the final EIS is published, allowing both periods to run concurrently. The Commission's decision for this proposed action is subject to a 30-day rehearing period. Additional information about the Project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet website ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance with eLibrary, the eLibrary helpline can be reached at 1-866-208-3676, TTY

(202)502-8659 or at *FERCOnlineSupport@ferc.gov* . The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. Magalie R. Salas, Secretary. [FR Doc. E4-1261 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7387-019] Erie Boulevard Hydropower, L.P.; Notice of Application Accepted for Filing and Soliciting Motions To Intervene and Protests May 28, 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.:* 7387-019. c. *Date Filed:* October 20, 2003. d. *Applicant:* Erie Boulevard Hydropower, L.P. e. *Name of Project:* Piercefield Hydroelectric Project. f. *Location:* On the Raquette River, in St. Lawrence and Franklin Counties, New York. The project does not occupy Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) h. *Applicant Contact:* Mr. Jerry L. Sabattis, P.E., Licensing Coordinator, Erie Boulevard Hydropower, L.P., 225 Greenfield Parkway, Liverpool, New York 13088, telephone

(315)413-2787 and Mr. Samuel S. Hirschey, P.E., Manager, Licensing, Compliance, and Project Properties, 225 Greenfield Parkway, Liverpool, New York 13088, telephone

(315)413-2790. i. *FERC Contact:* Janet Hutzel, *janet.hutzel@ferc.gov* , telephone

(202)502-8675 or Kim Carter, *kim.carter@ferc.gov* , telephone

(202)502-6486. j. *Deadline for Filing Motions to Intervene and Protests:* 60 days from the issuance 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. Motions to intervene may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted, but is not ready for environmental analysis at this time. l. *Description of Project:* The Piercefield Hydroelectric Project consists of the following existing facilities:

(a)A dam comprising of a 495-foot-long concrete retaining wall/dike on the right shoreline, a 620-foot-long concrete and masonry stone retaining wall located along the left shoreline, a 118-foot-long stop log spillway, and a 294-foot-long, 22-foot-high ogee spillway section;

(b)a 110-foot-long concrete masonry forebay, having a varying width of 40 feet to 55 feet with an average depth of 17 feet;

(c)a reservoir having a surface area of 370 acres at normal pool elevation of 1542.0 feet m.s.1.;

(d)a powerhouse containing 3 generating units having a total rated capacity of 2,700 kW;

(e)600-V and 2.4-kV generator leads;

(f)600-V/46-kV, 2.5-MVA and the 2.4/46-kV, 2.5-MVA three-phase transformer banks;

(g)3.84-mile, 46-kV transmission line; and

(h)appurtenant facilities. m. 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 to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(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/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit a protest or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application. All filings must

(1)bear in all capital letters the title “PROTEST” or “MOTION TO INTERVENE”;

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person protesting or intervening; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005.Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. Magalie R. Salas, Secretary. [FR Doc. E4-1265 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7387-019] Erie Boulevard Hydropower, L.P.; Notice of Intent To Prepare an Environmental Assessment, Notice of Paper Scoping and Soliciting Scoping Comments, and Notice of Revised Schedule for Processing Application May 27, 2004. Take notice that the following hydroelectric application has been filed with Commission and is available for public inspection: a. *Type of Application:* New major license. b. *Project No.:* 7387-019. c. *Date Filed:* October 20, 2003. d. *Applicant:* Erie Boulevard Hydropower, L.P. e. *Name of Project:* Piercefield Hydroelectric Project. f. *Location:* On the Raquette River, in St. Lawrence and Franklin Counties, New York. The project does not occupy Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Jerry L. Sabattis, P.E., Licensing Coordinator, Erie Boulevard Hydropower, L.P., 225 Greenfield Parkway, Liverpool, New York, 13088, telephone

(315)413-2787, and Mr. Samuel S. Hirschey, P.E., Manager, Licensing, Compliance, and Project Properties, 225 Greenfield Parkway, Liverpool, New York, 13088, telephone

(315)413-2790. i. *FERC Contact:* Janet Hutzel, *janet.hutzel@ferc.gov* , telephone

(202)502-8675 or Kim Carter, *kim.carter@ferc.gov* , telephone

(202)502-6486. j. Deadline for filing scoping comments: 60 days from issuance 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 and procedure 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. Scoping comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filing. *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. k. This application is not ready for environmental analysis at this time. l. *Description of Project:* The Piercefield Hydroelectric Project consists of the following existing facilities:

(b)a 110-foot-long concrete masonry forebay, having a varying width of 40 feet to 55 feet with an average depth of 17 feet; c) a reservoir having a surface area of 370 acres at normal pool elevation of 1542.0 feet m.s.1.;

(d)a powerhouse containing 3 generating units having a total rated capacity of 2,700 kW;

(e)600-V and 2.4-kV generator leads;

(f)600-V/46-kV, 2.5-MVA and the 2.4/46-kV, 2.5-MVA three-phase transformer banks;

(g)3.84-mile, 46-kV transmission line; and

(h)appurtenant facilities. m. A Scoping Document

(SD)outlining the subject areas to be addressed in the EA was distributed to the parties on the Commission(s mailing list. Copies of the scoping document and application are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field (P-7387), 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 paragraph

(h)above. n. You may also 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. o. *Scoping Process:* Scoping is intended to advise all parties regarding the proposed scope of the EA and to seek additional information pertinent to this analysis. The Commission intends to prepare one Environmental Assessment

(EA)on the project in accordance with the National Environmental Policy Act (NEPA). The EA will consider both site-specific and cumulative environmental effects and reasonable alternatives to the proposed action. Should substantive comments requiring re-analysis be received on the NEPA document, we would consider preparing a final NEPA document. At this time, the Commission staff does not anticipate holding formal public or agency scoping meetings near the project site. Instead, staff will conduct paper scoping. As part of scoping the staff will:

(1)Summarize the environmental issues tentatively identified for analysis in the EA;

(2)solicit from participants all available information, especially quantifiable data, on the resources at issue;

(3)encourage comments from experts and the public on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff's preliminary views;

(4)determine the resource issues to be addressed in the EA; and

(5)identify those issues that require a detailed analysis, as well as those issues that do not require a detailed analysis. Consequently, interested entities are requested to file with the Commission any data and information concerning environmental resources and land uses in the project area and the project's impacts to the aforementioned. Magalie R. Salas, Secretary. [FR Doc. E4-1271 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD04-8-000] Electric Creditworthiness Standards; Notice of Technical Conference and Request for Written Comments on Credit-Related Issues for Electric Transmission Providers, Independent System Operators, and Regional Transmission Organizations May 28, 2004. The Federal Energy Regulatory Commission (Commission) will hold a technical conference to consider, among other things, whether the Commission should institute a generic rulemaking to consider credit-related issues for service provided by jurisdictional Transmission Providers, 1 Independent System Operators (ISO), and Regional Transmission Organizations (RTO). The conference will take place on July 13, 2004, at 9:30 a.m. (e.s.t.) in the Commission Meeting Room 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. In preparation for the technical conference, the Commission invites all interested parties to submit written comments, addressing the subjects and questions discussed below, on or before June 25, 2004. 1 For the purposes of this notice, a Transmission Provider is defined as an entity that provides electric transmission service that is neither an ISO nor an RTO. Background While credit policies of regulated utilities have always been a component of the Commission's regulatory agenda, changes in the industry (especially changes in the types of participants in the market) have caused credit-related issues to become increasingly significant. In particular, due to market conditions and price volatility experienced recently within the industry, many participants in competitive energy markets have been subject to downgrades (often below investment grade levels) by credit rating agencies. In fact, some of these market participants have been forced to seek bankruptcy protection from creditors. As a result, credit downgrades have raised the level of concern regarding credit-related risks to Transmission Providers and ISOs/RTOs. 2 At the same time, certain market participants have alleged that Transmission Providers and ISOs/RTOs have sought excessive levels of credit support from customers and thereby have effectively foreclosed full market participation by competitive entities. In this regard, higher than necessary credit requirements may exacerbate the financial strain on market participants, reducing the amount of participation and liquidity in the market; lower liquidity, in turn, reduces choices for customers and reduces the transparency and competitiveness of the market. 2 Although the Commission recognizes that there is some overlap, credit concerns facing Transmission Providers and ISOs/RTOs differ in important ways. The Commission has noted that the differences between ISOs/RTOs and Transmission Providers warrants different approaches to creditworthiness requirements for these entities. *See* Duquesne Light Co., 103 FERC ¶ 61,227 P 17 (2003). Recognizing these unique differences and the disparate problems that these entities pose, in this notice, the Commission often treats separately credit concerns regarding Transmission Providers and ISOs/RTOs. We note that the Commission issued recently the Gas Credit NOPR 3 to standardize the creditworthiness provisions in the natural gas industry. In that NOPR, the Commission stated that standardized creditworthiness provisions in the gas industry will promote consistent practices across markets and utilities and provide customers with an objective and transparent creditworthiness evaluation. 4 3 *See* Creditworthiness Standards for Interstate Natural Gas Pipelines, 69 FR 8587 (Feb. 25, 2004), FERC Stats, & Regs., Notice of Proposed Regulations ¶ 32,573

(2004)(Gas Credit NOPR). 4 *Id.* With respect to credit-related policy concerns for Transmission Providers in the electric industry, the Commission believes that there may be a lack of transparency in the creditworthiness requirements in the pro forma Open Access Transmission Tariff (OATT); 5 that is, it does not provide specific credit standards and processes but instead only requires that Transmission Providers utilize “reasonable credit review procedures” and that such “review shall be made in accordance with standard commercial practices.” As a result, the Commission believes that the credit policies of Transmission Providers may contain differing or unclear credit requirements for customers. Therefore, we seek comment (as discussed further in the questions below) on whether the Commission should consider a similar course for the electric industry as the one it took in relation to the gas industry in the Gas Credit NOPR ( *i.e.* , implement standardized and comprehensive tariff-based creditworthiness procedures). 5 Promoting Wholesale Competition Through Open Access Non-discriminatory Transmission Services by Public Utilities and Recovery of Stranded Costs by Public Utilities and Transmitting Utilities, Order No. 888, 61 Fed. Reg. 21,540 (May 10, 1996), FERC Stats. & Regs. ¶ 31,036 (1996), *order on reh'g* , Order No. 888-A, 62 Fed. Reg. 12,274 (March 14, 1997), FERC Stats. & Regs. ¶ 31,048 (1997), *order on reh'g* , Order No. 888-B, 81 FERC ¶ 61,248 (1997), *order on reh'g* , Order No. 888-C, 82 FERC ¶ 61,046 (1998), aff'd in relevant part, remanded in part on other grounds sub nom. *Transmission Access Policy Study Group, et al.* v. *FERC* , 225 F.3d 667 (D.C. Cir. 2000), aff'd sub nom. *New York* v. *FERC* , 535 U.S. 1 (2002). As for credit-related policy issues in the context of ISOs/RTOs, the Commission believes that there are ways to reduce credit/default exposure in those markets. 6 We note that ISOs/RTOs are typically non-profit entities that administer the market on behalf of market participants. As such, in ISO/RTO markets credit is collectively extended by market participants to each individual market participant. Therefore, if one market participant defaults, it falls upon the remaining participants to make up the shortfall ( *i.e.* , the default risk is mutualized). Although we recognize that some ISO/RTO markets use instruments such as insurance to reduce this risk, such instruments are expensive and the ultimate responsibility still lies with market participants. Accordingly, the Commission seeks comment on (as discussed further in the questions below) ways to reduce credit exposure and minimize mutualized default risk in ISO/RTO markets. 6 For example, the Commission recently approved a New England Power Pool (NEPOOL) filing that revises its existing financial assurance and billing policies to implement a weekly billing and payment system for charges in NEPOOL's hourly markets, which by significantly decreasing the billing and settlement period reduces the amount of collateral required from market participants and the exposure of NEPOOL to a default by market participants. *See* New England Power Pool, Docket No. ER04-697-000. Although up to this point the Commission has treated various credit-related issues in this notice as only being applicable to either Transmission Providers or ISOs/RTOs, the Commission believes, as discussed further below, that there may be credit-related solutions that are potentially applicable to both Transmission Providers and ISOs/RTOs. To address the concerns discussed above, the Commission is holding a technical conference, and information gathered from that conference will be of material use to the Commission in understanding the range of issues regarding credit requirements in the electric industry. In addition, in order to assist the Commission in its preparation for that conference, the Commission invites all interested persons to submit written comments on any of the subjects discussed above, the specific questions posed below, or other issues related to credit requirements in the electric industry. Questions for Comment The Commission seeks comments on the following questions: A. Questions Regarding Transmission Providers: 1. Should credit requirements for wholesale electric transmission services be standardized? 2. Do the existing OATTs and/or credit polices of Transmission Providers contain either unreasonable or unclear requirements for customers? 3. Does the pro forma OATT provide sufficient transparency with regard to credit requirements? If not, what problems are caused from that lack of transparency? What changes to the pro forma OATT would be appropriate to consider as a remedy to better facilitate access to markets and therefore market participation? 4. Should the Commission establish creditworthiness standards for the electric industry similar to those that it proposed in the Gas Credit NOPR? What are the relevant differences between the gas and electric industries that need to be taken into account? 5. For the purpose of credit standards, does it matter who the market participant is ( *e.g.* , are there different standards for financial institutions as opposed to municipal entities)? B. Questions Regarding ISOs/RTOs: 6. Are credit requirements and costs related to creditworthiness negatively impacting market participation in ISO/RTO markets and liquidity levels? 7. What cost-effective steps can be taken to minimize exposure to risk among market participants ( *e.g.* , shortening settlement periods, or evaluating credit on a net obligation basis)? 8. Are there elements of existing market rules that can be improved to reduce unnecessary credit requirements? 9. How can the mutualized default risk in ISOs/RTOs be reduced? 10. How can barriers to entry, if there are any, be minimized, while preserving adequate collateral to protect markets? 11. For the purpose of credit standards, does it matter who the market participant is ( *e.g.* , are there different credit standards for investor owned participants with physical assets, financial institutions, and municipal entities)? 12. How should a load serving entity that is the provider of last resort be treated in the event of a default? 13. Is there a need to allow for regional variations among RTOs/ISOs with regard to credit policies? If so, what level of standardization may be achieved? C. Questions regarding credit-related solutions with potential applicability to Transmission Providers and/or ISO/RTO markets: 14. Can clearing be applied to the electricity industry with respect to Transmission Providers and/or non-ISO/RTO markets, as it has been in other sectors (for instance, equity and fixed income clearing is performed by the Depository Trust Clearing Corporation for trading on the New York Stock Exchange, American Stock Exchange, and NASDAQ)? If so, what type of new or existing entity would provide the clearing services and does it need to be granted a franchise monopoly for any or all of its services? 15. What options are available to either insure or otherwise outsource risks currently self-insured or mutualized by market participants ( *e.g.* , insurance, credit default swaps)? 16. What are the benefits and costs of the preceding credit-related solutions ( *i.e.* , clearing and insurance) or other such solutions? Are they cost-effective? How would the benefits and costs of these solutions be allocated? Public Comment Information As discussed, in preparation for the technical conference, the Commission invites interested persons to submit written comments on the matters and issues raised in this notice, including any related matters or alternative proposals that commenters may wish to discuss. All written comments should be submitted on or before June 25, 2004. We are hereby establishing a proceeding, Docket No. AD04-8-000, to provide an opportunity for all interested persons to submit comments, and all future actions with respect to the technical conference will also be taken under that docket. All comments should include an executive summary; the summary should not exceed two pages and the comments should not exceed 15 pages. In addition, if answering a specific question in paragraph eight of this notice, please identify the number of that question. To conserve time and avoid unnecessary expense, persons with common interests or views are encouraged to submit joint comments. Comments related to this proceeding may be filed in paper format or electronically. However, the Commission strongly encourages electronic filings. Those filing electronically do not need to make a paper filing. Documents filed electronically via the Internet can be prepared in a variety of formats, including MS Word, Portable Document Format, Real Text Format, or ASCII format, as listed on the Commission's Web site at *http://www.ferc.gov* , under the e-Filing link. The e-Filing link provides instructions for how to Login and complete an electronic filing. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's e-mail address upon receipt of comments. For paper filings, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All comments will be placed in the Commission's public files and will be available for inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426, during regular business hours. In addition, all comments may be viewed, printed, or downloaded remotely via the Internet through FERC's home page using the eLibrary link. Conference Information As noted, upon evaluation of the comments requested herein, the Commission will hold a technical conference open to all interested persons. The technical conference will be held on July 13, 2004 at 9:30 a.m. (e.s.t.) in the Commission Meeting Room at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. 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. You may register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new issuances and filings related to this docket. For additional information please contact Eugene Grace, 202-502-8543 or by e-mail at *eugene.grace@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-1269 Filed 6-7-04; 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; Supplemental Notice of Agenda for Technical Conference May 28, 2004. 1. The attachment to this supplemental notice provides additional information concerning the technical conference to discuss issues associated with solicitation processes for power procurement on June 10, 2004, from 9 a.m. to 12 p.m. (e.s.t.) in the Commission's Meeting Room at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. All interested persons are invited to attend. Microphones will be available to enable those in the audience to participate in the discussion as issues arise. 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 10 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* . Magalie R. Salas, Secretary. Solicitation Processes for Public Utilities Technical Conference, June 10, 2004, 9 a.m.-12 p.m. (e.s.t.) Agenda In *Boston Edison Re: Edgar Electric Company* , 55 FERC ¶ 61,382

(1991)( *Edgar* ), the Commission held that in analyzing market-based rate transactions between an affiliated buyer and seller, the Commission must ensure that the buyer has chosen the lowest-cost supplier from among the options presented, taking into account both price and non-price terms. As such, *Edgar* addressed the concern in that case that utilities would choose to purchase power from their affiliates at inflated prices rather than at competitive levels from unaffiliated entities. The effect was that such higher costs could have been passed on to wholesale (as well as retail) customers. The Commission's *Edgar* policy, which has been in effect since 1991, involves a review of power purchase agreements between affiliates to determine whether the rate is just and reasonable and whether there is an absence of self-dealing. Recently, with the development of significant amounts of independent generation in every region, competitive alternatives to affiliate purchases have increased. Thus, the Commission is interested in having a discussion addressing the issues listed below. Panelists will each be asked to address issues among the following in an overview followed by questions and general discussion: 1. Is the Commission's *Edgar* policy adequate to ensure that the most competitive power procurement choice is being made by utilities when affiliates are involved? Should the policy include a requirement for a competitive solicitation? If so, how should the solicitation be designed? 2. To the extent you have been involved in solicitation processes to date: ▪ Please briefly describe the product solicited ( *e.g.* , power purchase agreement, dispatchable asset-backed contract, firm load-following power). ▪ Was the competition on price only or also non-price factors? ▪ How were the following treated: transmission service; FTRs; participation by affiliates, including the use of utility land/facilities? ▪ Discuss creditworthiness screening, conduct of the bid/auction, post-bid negotiations, regulatory oversight, and independent observer. 3. Prior to initiating a competitive solicitation, should there be a collaborative process (outreach) to achieve consensus on issues with respect to the solicitation design and the evaluation criteria to be used? If so, what should be the characteristics of that collaborative process? 4. Are there ways to ensure that there is no preferential dealing among affiliates in soliciting and awarding power purchase agreements? If so, what safeguards should be included? 5. To what extent are transmission service and monopsony power factors in the competitive solicitation? What criteria should be established under the Commission's *Edgar* policy to ensure that all participants are treated in a non-discriminatory manner? 6. Should a market monitor or independent entity oversee the administration of solicitations in which affiliates are involved? To the extent a monitor is involved, what criteria should be established to ensure that the monitor is independent of all parties participating in the solicitation process? For example, how should the monitor be selected? By whom? To whom should the monitor report? Who should pay for the monitor's services? 7. Provide proposals for “best practice” competitive solicitation methods or principles that could be used to ensure that power transactions are the result of a fair, transparent and accurate process. 8. How can FERC and State regulators coordinate in the design and oversight of solicitation processes? Panel I—9 a.m.-10:30 a.m. (e.s.t): John Hilke, Federal Trade Commission; Craig Roach, Principal, Boston Pacific Company, Inc.; Harvey Reiter, Partner, Stinson, Morrison, Hecker LLP; Ron Walter, Executive Vice President—Development, Calpine Corporation; Ed Comer, Vice President and General Counsel, Edison Electric Institute. Break—10:30 a.m.-10:45 a.m. Panel II—10:45 a.m.-12 p.m.: Tom Welch, Chairman, Maine Public Utilities Commission; Elizabeth Benson, Energy Associates, CLECO Independent Monitor; Ershel Redd, President, Western Region, NRG; Ted Banasiewicz, Principal, USA Power LLC. [FR Doc. E4-1266 Filed 6-7-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPPT-2004-0095; FRL-7361-9] TSCA Section 8

(a)Preliminary Assessment Information Rule (PAIR); Request for Comment on Renewal of Information Collection Activities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq* .), EPA is seeking public comment and information on the following Information Collection Request (ICR): TSCA Section 8

(a)Preliminary Assessment Information Rule

(PAIR)(EPA ICR No. 0586.10, OMB No. 2070-0054). This ICR involves a collection activity that is currently approved and scheduled to expire on October 31, 2004. The information collected under this ICR relates to identifying, assessing, and managing human health and environmental risks from chemical substances, mixtures, and categories. The ICR describes the nature of the information collection activity and its expected burden and costs. Before submitting this ICR to the Office of Management and Budget

(OMB)for review and approval under the PRA, EPA is soliciting comments on specific aspects of the collection. DATES: Written comments, identified by the docket ID number OPPT-2004-0095, must be received on or before August 9, 2004. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Gerry Brown, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)564-8086; fax number:

(202)564-4765; e-mail address: *brown.gerry@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are a manufacturer or importer of chemical substances, mixtures, or categories. Potentially affected entities may include, but are not limited to: • Chemical manufacturing (NAICS 325), e.g., basic chemical manufacturing, resin, synthetic rubber, artificial and synthetic fibers and filaments manufacturing, paint, coating, adhesive manufacturing and other chemical product, and preparation manufacturing. • Petroleum refineries (NAICS 32411), e.g., crude petroleum refineries, diesel fuels manufacturing, fuel oils manufacturing, oil refineries, petroleum distillation. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established an official public docket for this action under docket identification

(ID)number OPPT-2004-0095. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is

(202)566-1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is

(202)566-0280. 2. *Electronic access* .You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/* . An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. Once in the system, select “search,” then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose 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 EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. C. How and to Whom Do I Submit the Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or information protected by statute. 1. *Electronically* . If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. *EPA Dockets* . Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket/* , and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in docket ID number OPPT-2004-0095. The system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. *E-mail* . Comments may be sent by e-mail to *oppt.ncic@epa.gov* , Attention: Docket ID Number OPPT-2004-0095. In contrast to EPA's electronic public docket, EPA's e-mail system is not an “anonymous access” system. If you send an e-mail comment directly to the docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD ROM* . You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.C.2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By mail* . Send your comments to: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. 3. *By hand delivery or courier* . Deliver your comments to: OPPT Document Control Office

(DCO)in EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number OPPT-2004-0095. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is

(202)564-8930. D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT . E. What Should I Consider when I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the collection activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. F. What Information is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits comments and information to enable it to: 1. Evaluate whether the proposed collections of information are necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility. 2. Evaluate the accuracy of the Agency's estimates of the burdens of the proposed collections of information. 3. Enhance the quality, utility, and clarity of the information to be collected. 4. Minimize the burden of the collections of information on those who are to respond, including through the use of appropriate automated or electronic collection technologies or other forms of information technology, e.g., permitting electronic submission of responses. II. What Information Collection Activity or ICR Does this Action Apply to? EPA is seeking comments on the following ICR: *Title* : TSCA Section 8

(a)Preliminary Assessment Information Rule (PAIR). *ICR numbers* : EPA ICR No. 0586.10, OMB Control No. 2070-0054 . *ICR status* : This ICR is currently scheduled to expire on October 31, 2004. 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 title 40 of the CFR, after appearing in the **Federal Register** , are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. *Abstract* : Section 8(a) of the Toxic Substances Control Act

(TSCA)authorizes EPA to promulgate rules under which manufacturers, importers, and processors of chemical substances and mixtures must maintain records and submit reports to EPA. EPA has promulgated the PAIR under TSCA section 8(a). EPA uses the PAIR to collect information to identify, assess, and manage human health and environmental risks from chemical substances, mixtures, and categories. The PAIR requires chemical manufacturers and importers to complete a standardized reporting form to help evaluate the potential for adverse human health and environmental effects caused by the manufacture or importation of identified chemical substances, mixtures, or categories. Chemicals identified by EPA or any other Federal Agency, for which a justifiable information need for production, use or exposure-related data can be satisfied by the use of the PAIR are proper subjects for TSCA section 8(a) PAIR rulemaking. In most instances the information that EPA receives from a PAIR report is sufficient to satisfy the information need in question. Responses to the collection of information are mandatory (see 40 CFR part 712). Respondents may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. III. What are EPA's Burden and Cost Estimates for this ICR? Under PRA, “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. For this collection it 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 ICR provides a detailed explanation of this estimate, which is only briefly summarized in this notice. The annual public burden for this collection of information is estimated to average 29.5 hours per response. The following is a summary of the estimates taken from the ICR: *Respondents/affected entities* : Manufacturers or importers of chemical substances, mixtures, or categories. *Estimated total number of potential respondents* : 11. *Frequency of response* : On occasion. *Estimated total/average number of responses for each respondent* : 1.79. *Estimated total annual burden hours* : 580 hours. *Estimated total annual burden costs* : $48,972. IV. Are There Changes in the Estimates from the Last Approval? This request reflects a decrease in the total estimated burden of 2,775 hours (from 3,355 hours to 580 hours) from that currently in the OMB inventory. This decrease is attributable to a reduction in the assumed number of PAIR reports filed annually, from an average of 118.00 per year to 19.67 per year. The more recent average is based on the past 3 years (2001-2003) of PAIR reporting data. The annual average numbers of respondents (reporting sites) is 11, which has also decreased from the previous assumed average of 48. V. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . List of Subjects Environmental protection, Reporting and recordkeeping requirements. Dated: May 25, 2004. Susan B. Hazen, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. 04-12916 Filed 6-7-04; 8:45 am]

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