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Code · REGISTER · 2004-06-10 · DEPARTMENT OF ENERGY · Notices

Notices. Notice of request for comments; order on remand

13,629 words·~62 min read·/register/2004/06/10/04-12920·

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. RP04-263-001] Algonquin Gas Transmission Company; Notice of Compliance Filing June 4, 2004. Take notice that on May 28, 2004, Algonquin Gas Transmission Company (Algonquin) tendered for filing
(i)three firm transportation service agreements with negotiated rates, effective March 1, 2004; and
(ii)one interruptible service agreement with discounted and negotiated rates, effective January 1, 2005. Algonquin states that the purpose of this filing is to comply with the Commission's order issued on May 19, 2004, in Docket Nos. RP04-24 and RP04-263. Algonquin states that it proposes to implement revised service agreements providing for transportation service to be rendered by Algonquin to USGen New England, Inc. (USGenNE) as part of a Settlement Agreement designed to resolve all issues between Algonquin and USGenNE in Case No. 03-30465
(PM)in the United States Bankruptcy Court For The District Of Maryland (Greenbelt Division) as well as in FERC Docket Nos. RP04-24 and RP04-263. Algonquin states that copies of its filing have been served on all affected customers of Algonquin, interested state commissions, and to 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 and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1326 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-305-014] CenterPoint Energy—Mississippi River Transmission Corporation; Notice of Negotiated Rate Filing June 4, 2004. Take notice that on June 1, 2004, CenterPoint Energy—Mississippi River Transmission Corporation
(MRT)tendered for filing and approval a negotiated rate arrangement between MRT and Union Electric Company (d/b/a AmerenUE). MRT requests that the Commission accept and approve the transaction under which transportation service will commence April 1, 2005. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1321 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-311-000] Colorado Interstate Gas Company; Notice of Proposed Changes in FERC Gas Filing June 3, 2004. Take notice that on May 28, 2004, Colorado Interstate Gas Company
(CIG)tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Thirty-Second Revised Sheet No. 11A, with an effective date of July 1, 2004. CIG states the tariff sheet is being filed to revise the fuel reimbursement percentage applicable to lost, unaccounted-for and other fuel gas. 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. E4-1294 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-314-000] Colorado Interstate Gas Company; Notice of Proposed Changes in FERC Gas Tariff June 3, 2004. Take notice that on May 28, 2004, Colorado Interstate Gas Company
(CIG)tendered for filing as part its FERC Gas Tariff, First Revised Volume No. 1, with an effective date of June 28, 2004: Eighth Revised Sheet No. 225 and Fourth Revised Sheet No. 378 CIG states that these tariff sheets add provisions to CIG's Tariff authorizing it to make purchases and sales of natural gas for system operations. 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. E4-1297 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP95-408-057] Columbia Gas Transmission Corporation; Notice of Compliance Filing June 4, 2004. Take notice that on May 10, 2004, Columbia Gas Transmission Corporation (Columbia) filed to report on the sharing with its customers of a portion of the profits from the sale of certain base gas as provided in Columbia's Docket No. RP95-408 rate case settlement. *See* Stipulation II, Article IV, Sections A through E, in Docket No. RP95-408 approved at Columbia Gas Transmission Corp., 79 FERC ¶ 61,044 (1997). Columbia states that copies of its filing have been mailed to all firm customers, State commissions, and parties on the 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 § 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.gove* 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. *Protest Date:* June 11, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-1332 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER03-563-030 and EL04-102-000] Notice of Initiation of Proceeding and Refund Effective Date June 4, 2004. Take notice that on June 2, 2004, the Commission issued an order in the above-referenced dockets initiating an investigation in Docket No. EL04-102-000 under section 206 of the Federal Power Act to determine whether a separate energy load zone should be created for Southwest Connecticut (SWCT), and whether it should be implemented in advance of the implementation of locational installed capacity (LICAP). The refund effective date in Docket No. EL04-102-000, established pursuant to section 206(b) of the Federal Power Act, will be 60 days from the date the Commission's June 2, 2004 Order is published in the **Federal Register** . Linda Mitry, Acting Secretary. [FR Doc. E4-1338 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-323-000] Discovery Gas Transmission LLC; Notice of Filing June 4, 2004. Take notice that on June 1, 2004, Discovery Gas Transmission LLC (Discovery) tendered for filing in its FERC Gas Tariff Original Volume No. 1 the following tariffs sheets to continue its current Lost and Unaccounted for Gas percentage: Fourth Revised Sheet No. 33; Fourth Revised Sheet No. 44; and Fourth Revised Sheet No. 53. Discovery further states that copies of the filing have been mailed to each of its customers, interested State Commissions and other interested persons. 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1329 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-206-001] Dominion Transmission, Inc.; Notice of Compliance Filing June 4, 2004. Take notice that on May 28, 2004, Dominion Transmission, Inc.
(DTI)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets, with an effective date of April 1, 2004: Substitute First Revised Sheet No. 151 and Substitute Second Revised Sheet No. 201 DTI states that the purpose of this filing is to comply with the Commission's Letter Order dated April 2, 2004, in this proceeding and to clarify the right of first refusal rights of a shipper with varying MDTQs under its Rate Schedules FT and FTNN. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1325 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04319-000] Eastern Shore Natural Gas Company; Notice of Tariff Filing June 3, 2004. Take notice that on May 28, 2004, Eastern Shore Natural Gas Company (Eastern Shore) tendered for filing its annual Fuel Retention Adjustment filing pursuant to section 31 of the General Terms and Conditions of its FERC Gas Tariff, Second Revised Volume No. 1. Eastern Shore states that copies of its filing has been mailed to its customers and interested state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-1302 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR04-2-000] Enbridge Energy, Limited Partnership; Notice of Settlement Filing June 4, 2004. Take notice that on May 20, 2004, Enbridge Energy, Limited Partnership (Enbridge Energy) with the support of the Canadian Association of Petroleum Producers (CAPP), submitted an Offer of Settlement under Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602, regarding an incremental surcharge, referred to as the “Facilities Surcharge,” to be included in the tariff rates of Enbridge Energy commencing July 1, 2004. In accordance with Rule 602(f) of the Commission's Rules of Practice and Procedure, 18 CFR 385.602(f), any person desiring to comment on this Offer of Settlement should file its comments with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, no later than 20 days after the date of filing of the Offer of Settlement. Reply comments will be due no later than 30 days after the date of the filing of the Offer of Settlement. 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, call
(202)502-8222 or for TTY,
(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 “e-Filing” link. Linda Mitry, Acting Secretary. [FR Doc. E4-1306 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-518-059] Gas Transmission Northwest Corporation; Notice of Negotiated Rate June 4, 2004. Take notice that on May 26, 2004, Gas Transmission Northwest Corporation
(GTN)tendered for filing to be part of its FERC Gas Tariff, Third Revised Volume No. 1-A, Ninth Revised Sheet No. 15, with an effective date of June 1, 2004. GTN states that this sheet is being filed to reflect the continuation of a negotiated rate agreement pursuant to evergreen provisions contained in the agreement. GTN further states that a copy of this filing has been served on GTN's jurisdictional customers and interested state regulatory agencies. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1305 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-318-000] Great Lakes Gas Transmission Limited Partnership; Notice of Tariff Filing June 3, 2004. Take notice that on May 28, 2004, Great Lakes Gas Transmission Limited Partnership (Great Lakes) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, proposed to be effective July 1, 2004: Sixteenth Revised Sheet No. 1; Fourth Revised Sheet No. 50A; Second Revised Sheet No. 50B; Sixth Revised Sheet No. 84; and Third Revised Sheet No. 86A. Great Lakes states that these tariff sheets are being filed to add a provision to Great Lakes' tariff specifying types of discounts that will not be considered as material deviations from Great Lakes' *pro forma* service agreements. Great Lakes states that none of the proposed changes will affect any of its currently effective rates and charges. 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. E4-1300 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-318-000] Great Lakes Gas Transmission Limited Partnership; Notice of Tariff Filing June 3, 2004. Take notice that on May 28, 2004, Great Lakes Gas Transmission Limited Partnership (Great Lakes) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, proposed to be effective July 1, 2004: Sixteenth Revised Sheet No. 1; Fourth Revised Sheet No. 50A; Second Revised Sheet No. 50B; Sixth Revised Sheet No. 84 ; and Third Revised Sheet No. 86A. Great Lakes states that these tariff sheets are being filed to add a provision to Great Lakes' tariff specifying types of discounts that will not be considered as material deviations from Great Lakes' *pro forma* service agreements. Great Lakes states that none of the proposed changes will affect any of its currently effective rates and charges. 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. E4-1301 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR04-13-000] GulfTerra Alabama Intrastate, L.L.C.; Notice of Petition for Rate Approval June 4, 2004. Take notice that on May 21, 2004, GulfTerra Alabama Intrastate, L.L.C.
(GTAI)filed pursuant to section 284.123(b)(2) of the Commission's regulations, a petition for rate approval requesting that the Commission approve the proposed rates as fair and equitable for firm and interruptible transmission services performed under section 311 of the Natural Gas Policy Act of 1978 (NGPA). GTAI states that it is an intrastate pipeline company providing services through its facilities located in Alabama. Any person desiring to participate in this rate proceeding must file a motion to intervene or 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 with the Secretary of the Commission on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This petition for rate approval 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 FERRIS link. Enter the docket number excluding the last three digits I the docket number field to access the document. For assistance, call
(202)502-8222 or for TTY,
(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(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Intervention and Protest Date:* June 21, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-1324 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-589-001] Iroquois Gas Transmission System, L.P.; Notice of Compliance Filing June 4, 2004. Take notice that on May 28, 2004, Iroquois Gas Transmission System, L.P. (Iroquois) tendered for filing to its FERC Gas Tariff, First Revised Volume No. 1, the following proposed tariff sheets to be effective on July 1, 2004: Thirteenth Revised Original Sheet No. 4A; Third Revised Sheet No. 4B; Fourth Revised Sheet No. 75C; First Revised Sheet No. 75D. Iroquois states that its filing makes two modifications to Iroquois' tariff to reflect the terms of the August 29, 2003, Stipulation and Settlement Agreement (Settlement) that was approved by the Commission's letter-order issued on October 24, 2003. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1323 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP97-81-017] Kinder Morgan Interstate Gas Transmission LLC; Notice of Complliance Filing June 4, 2004. Take notice that on May 28, 2004, Kinder Morgan Interstate Gas Transmission LLC (KMIGT) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1-B, Original Sheet No. 44A, to be effective June 27, 2004. KMIGT states that the above-referenced tariff sheet reflects changes to the General Terms and Conditions of KMIGT's Tariff regarding term coordination provisions between contracts associated with planned, interconnecting pipeline projects. KMIGT further states that the tariff sheet is being filed in compliance with the Commission's Letter Order issued in this proceeding on April 30, 2004. KMIGT states that a copy of this filing has been served upon all parties to this proceeding, KMIGT's 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 § 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1334 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-316-000] MarkWest New Mexico, L.P.; Notice of Proposed Changes in FERC Gas Tariff June 4, 2004. Take notice that on June 1, 2004, MarkWest New Mexico, L.P., (MarkWest) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the tariff sheets listed on Appendix A to the filing, with an effective date of July 1, 2004. MarkWest states that the revised tariff sheets reflect a change in name resulting from a corporate reorganization previously disclosed to the Commission. MarkWest states that under the reorganization, it became the successor to the certificates issued in Pinnacle Pipeline Company, 105 FERC ¶ 61,051 (2003), reh'g granted, 106 FERC ¶ 61,045 (2004). MarkWest states that copies of the filing have been mailed to all affected customers and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1327 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-321-000] Panhandle Eastern Pipe Line Company, LLC and Panhandle Eastern Pipe Line Company, LP; Notice of Proposed Changes in FERC Gas Tariff June 3, 2004. Take notice that on May 28, 2004, Panhandle Eastern Pipe Line Company, LLC (Panhandle) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the tariff sheets listed on Appendix A to the filing, to reflect a change in corporate name and corporate form. Panhandle states that the revised tariff sheets reflect a name change that Panhandle states is planned to occur on June 30, 2004. Panhandle states on that date it plans to convert from a limited liability company to a limited partnership and change its corporate name to Panhandle Eastern Pipe Line Company, LP. Panhandle states that copies of its transmittal letter and appendices 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 § 385.214 or § 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. 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. E4-1292 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-317-000] Questar Southern Trails Pipeline Company; Notice of Annual Fuel Gas Reimbursement Report June 3, 2004. Take notice that on May 28, 2004, Questar Southern Trails Pipeline Company (Southern Trails) tendered for filing its annual Fuel Gas Reimbursement Percentage
(FGRP)report and proposed a 0.17% variance adjustment to be effective July 1, 2004. Southern Trails stated that a copy of this filing has been served upon its customers and the Public Service Commissions of Utah, New Mexico, Arizona and California. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Comment Date:* June 10, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1299 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL00-95-000 and EL00-98-000] San Diego Gas & Electric Company, Complainant; v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator and the California Power Exchange, Respondents; Investigation of Practices of the California Independent System Operator and the California Power Exchange; Notice of Conference June 4, 2004. The staff of the Federal Energy Regulatory Commission is convening a conference to discuss potential settlements in the above captioned proceedings (collectively, Refund Proceeding). The conference will be held on Wednesday, June 30, 2004, at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, at 10 a.m. (EST). The purpose of the conference is to encourage all interested parties to attempt to resolve these proceedings short of protracted and expensive litigation and appeals to the extent possible. In that regard, the California Parties (Southern California Edison Company, Pacific Gas and Electric Company, San Diego Gas and Electric Company, the People of the State of California, *ex rel.* Bill Lockyer, Attorney General, the California Department of Water Resources, the California Public Utilities Commission, and the California Electricity Oversight Board) have committed to devoting extensive time and resources by their key personnel to pursuing settlements over the next three months. Representatives from each of the California Parties will be present at the conference and the California Parties intend to present a template for settlements with each of the parties that will owe refunds in the Refund Proceeding. The Commission supports this effort and is similarly committing time and resources from its Office of Market Oversight and Investigations
(OMOI)to assist in the settlement process. Accordingly, the Commission encourages all parties to attend this conference and try to achieve settlements of the Refund Proceeding. With respect to parties that are already in active settlement discussions with the California Parties, the June 30 conference is not intended to disrupt those discussions or substitute for them, and the Commission fully encourages those discussions to continue. The conference will be governed by Rule 602 of the Commission's Rules of Practice and Procedures, 18 CFR 385.602 (2003). For additional information concerning the conference, parties or their counsel may contact Robert Pease at *robert.pease@ferc.gov* or Lee Ann Watson at *leeann.watson@ferc.gov.* Linda Mitry, Acting Secretary. [FR Doc. E4-1337 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-87-001] Southern Star Central Gas Pipeline, Inc.; Notice of Filing of Final OFO Penalty Refund Report June 4, 2004. Take notice that on May 28, 2004, Southern Star Central Gas Pipeline, Inc. (Southern Star) tendered for filing, pursuant to Order by the Commission issued April 20, 2004, its final report of Operational Flow Order
(OFO)refunds. Southern Star states that there were no Periods of Daily Balancing
(PODB)issued during the twelve-month period from October 1, 2002, through September 30, 2003, and no PODB penalties were assessed or collected for such period. Furthermore, Southern Star clarifies in this final refund report that it collected all OFO penalties that were assessed for the 12 month period ending September 30, 2003. Southern Star states that a copy of its filing was served on all jurisdictional customers and interested State commissions, as well as parties appearing on the official service list for this docket. 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
(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. *Protest Date:* June 11, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-1330 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-315-000] Tennessee Gas Pipeline Company; Notice of Filing and Request for Waiver June 3, 2004. Take notice that on May 28, 2004, Tennessee Gas Pipeline Company (Tennessee), tendered for filing a report on the status of its take-or-pay costs and a request for waiver of section 2 of Article XXV of the General Terms and Conditions of its FERC Gas Tariff, Fifth Revised Volume No. 1, in order to permit Tennessee to omit the filing of the revised tariff sheets scheduled to be filed on May 28, 2004, and to omit further filings under this Article. Tennessee states that this filing of the current accounting is in compliance with Article XXV of the General Terms and Conditions of its FERC Gas Tariff, Fifth Revised Volume No. 1. Tennessee further states that the request for waiver is based on the fact that Tennessee has not incurred any recoverable take-or-pay costs since its last filing on November 26, 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 on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Intervention and Protest Date:* June 9, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1298 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-320-000] Tennessee Gas Pipeline Company; Notice of Tariff Filing June 3, 2004. Take notice that on May 28, 2004, Tennessee Gas Pipeline Company (Tennessee), tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Fifth Revised Sheet No. 220A, with an effective date of July 1, 2004. Tennessee states that this filing is to update Rate Schedule NET-284 to reflect the conversion of two shippers Rate Schedule NET-284 Agreements to service under two Rate Schedule FT-A Agreements. 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. E4-1303 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-114-006] Tennessee Gas Pipeline Company; Notice of Compliance Filing June 4, 2004. Take notice that on May 20, 2004, and May 28, 2004, Tennessee Gas Pipeline Company (Tennessee) tendered for filing a response to a Commission Staff data request dated May 3, 2004. Tennessee states that copies of its filing will be served to all parties of record in the RP02-114-000 proceedings. Any party 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 on or before the date as indicated below. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Protest Date:* June 15, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-1322 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP91-203-073 and RP92-132-061] Tennessee Gas Pipeline Company; Notice of Tariff Sheets June 4, 2004. Take notice that on May 28, 2004, Tennessee Gas Pipeline Company, (Tennessee) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the tariff sheets listed on Appendix A to the filing, to be made effective July 1, 2004. Tennessee states that pursuant to the May 15, 1995, comprehensive settlement in the referenced proceeding, which relates to Tennessee's recovery of the costs of remediating polychlorinated biphenyl
(PCB)and other hazardous substance list contamination on its system (Settlement), Tennessee is seeking to extend the PCB Adjustment Period for twenty-four mouths as provided for in the Settlement. Tennessee further states that it is submitting revised tariff sheets to update its rate sheet footnote pertaining to the PCB Adjustment Period and to reflect the extension of the PCB Adjustment Period proposed in the filing. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1331 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-480-009] Texas Eastern Transmission, LP; Notice of Compliance Filing June 4, 2004. Take notice that on June 1, 2004, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1, Sub Original Sheet No. 108, effective May 1, 2004. Texas Eastern states that the purpose of this filing is to comply with the Commission's order issued in the captioned docket on April 30, 2004 (April 30 Order). Specifically, Texas Eastern states that it is revising the tariff sheet filed herewith, which lists Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. (CP&L) as a party to a negotiated rate arrangement, in accordance with the April 30 Order. Texas Eastern also states that, by this filing, Texas Eastern proposes to implement a revised service agreement, which includes a negotiated rate, between Texas Eastern and CP&L for firm transportation service under Rate Schedule FT-1 on facilities constructed as part of Texas Eastern's M-1 Expansion Project (Docket No. CP02-381). Texas Eastern states that copies of its filing have been served on all affected customers of Texas Eastern, interested State commissions, and 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 § 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with § 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Linda Mitry, Acting Secretary. [FR Doc. E4-1336 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-106-009] TransColorado Gas Transmission Company; Notice of Revenue Sharing Report June 4, 2004. Take notice that on June 1, 2004, TransColorado Gas Transmission Company (TransColorado) tendered for filing its revenue sharing report in accordance with the provisions of the Settlement in Docket No. RP99-106 and the Commission's Order dated April 24, 2002. TransColorado states that a copy of this filing has been served upon all parties listed on the 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 § 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
(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. *Protest Date:* June 11, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-1335 Filed 6-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-463-006] Williston Basin Interstate Pipeline Co. Issued June 1, 2004. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of request for comments; order on remand. SUMMARY: The Federal Energy Regulatory Commission (Commission) is requesting comments on its policy concerning a shipper's retention of its discounted rates when a secondary point is used, as that policy has been modified by the decisions in *Colorado Interstate Gas Co.* , 95 FERC ¶ 61,321
(2001)and *Granite State Transmission Co.* , 96 FERC ¶ 61,273 (2001). DATES: Initial comments are due August 9, 2004. Reply comments are due August 30, 2004. ADDRESSES: Comments may be filed electronically via the eFiling link on the Commission's Web site at *http://www.ferc.gov* . Commenters unable to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street, NE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Wayne Guest, Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202)502-6475. Michael Goldenberg, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202)502-8685. Michael Miller (concerning information collection), Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202)502-8415. SUPPLEMENTARY INFORMATION: Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, Joseph T. Kelliher, and Suedeen G. Kelly. 1. On February 20, 2004, in *Williston Basin Interstate Pipeline Co.* v. *FERC* , 1 the United States Court of Appeals for the District of Columbia Circuit (Court) vacated the Commission's decisions in *Williston Basin Interstate Pipeline Co.* 2 The Commission's decisions addressed Williston Basin Interstate Pipeline Company's (Williston) filing to comply with Order Nos. 637, 587-G and 587-L. The Court found that the Commission had failed to present an adequate explanation for its ruling directing Williston to adopt the policy set forth by the Commission in *Colorado Interstate Gas Co. (CIG)* 3 concerning shippers' ability to retain their primary point discounts when they or a replacement shipper use secondary points. 1 358 F.3d 45 (D.C. Cir. 2004). 2 98 FERC ¶ 61,212 (2002), *reh'g,* 99 FERC ¶ 61,327 (2002). 3 95 FERC ¶ 61,321 (2001). 2. The Court's decision raises questions concerning the Commission's discount policy on a generic basis, as well as the effect of the policy on individual pipelines. In order to better resolve the issues raised in this proceeding, the Commission is requesting additional comments on its policy concerning a shipper's retention of its discounted rates when a secondary point is used, as that policy has been modified by the decisions in *Colorado Interstate Gas Co. (CIG)* 4 and *Granite State Transmission Co.* 5 ( *Granite State* ). The Commission recognizes that the resolution of the issues in this proceeding will have implications for other pipelines. Therefore, the Commission will permit late intervention in this proceeding to permit comments from all interested parties. 4 95 FERC ¶ 61,321 (2001). 5 96 FERC ¶ 61,273 (2001). I. Background A. The Commission's Discount Policy 1. The Discount Policy Prior to Order No. 636 3. As part of Order No. 436, which commenced the transition to open-access transportation, the Commission adopted regulations permitting pipelines to engage in selective discounting based on the varying demand elasticities of the pipeline's customers. 6 The Commission explained that these selective discounts would benefit all customers, including customers that did not receive the discounts, because the discounts allow the pipeline to maximize throughput and thus spread its fixed costs across more units of service. 7 The Commission's adoption of these regulations was upheld in *Associated Gas Distributors* v. *FERC (AGD I)* . 8 6 Regulation of Natural Gas Pipelines After Partial Wellhead Decontrol, FERC Stats. & Regs. Regulations Preambles 1982-1985 ¶ 30,665 at 31,543-45 (1985); Order No. 436-A, FERC Stats. & Regs. Regulations Preambles 1982-1985 ¶ 30,675 at 31,677-80 (1985). 18 CFR 284.10(c)(5). 7 Order No. 436 at 31,544. 8 824 F.2d 981, 1010-1012 (D. C. Cir. 1987). 4. In the Rate Design Policy Statement 9 and a number of section 4 rate cases, 10 the Commission held that if a pipeline grants a discount in order to meet competition, the pipeline is not required in its next rate case to design its rates based on the assumption that the discounted volumes would flow at the maximum rate. As the Commission explained, if the pipeline must assume in the next rate case that volumes it has transported at discounted rates would still be transported if the maximum rate were charged, the pipeline might be unable to recover its cost of service. 11 Therefore, in order to avoid a disincentive to discounting, the Commission has stated that, in the next rate case after giving discounts, the pipeline is permitted to reduce the discounted volumes used to design its rates so that, assuming market conditions require it to continue giving the same level discounts that it gave during the test period when the new rates are in effect, the pipeline will be able to recover 100 percent of its cost of service. 9 47 FERC ¶ 61,295 at 62,056-57 (1989). 10 *See* , *e.g., Southern Natural Gas Co* , 65 FERC ¶ 61,347 at 62,829-62,833 (1993), *reh'g denied* , 67 FERC ¶ 61,155 at 61,456-61,460 (1994); *Williston Basin Interstate Pipeline Co.* , 67 FERC ¶ 61,137 at 61,377-61,282 (1994); *Panhandle Eastern Pipe Line Co.* , 71 FERC ¶ 61,228 at 61,866-61,871
(1995)(Opinion No. 395); *Northwest Pipeline Corp.* , 71 FERC ¶ 61,253 at 62,007-61,009 (1995); *Panhandle Eastern Pipe Line Co.* , 74 FERC ¶ 61,109 at 61,399-61,408
(1996)(Opinion No. 404); *Williams Natural Gas Co.* , 77 FERC ¶ 61,277 at 62,205-61,207 (1996), *reh'g denied* , 80 FERC ¶ 61,158 at 61,189-61,190; *Iroquois Gas Transmission System, L.P.* , 84 FERC ¶ 61,086 at 61,478 (1998), *reh'g denied* , 86 FERC ¶ 61,261 (1999); *Williston Basin Interstate Pipeline Co.* , 84 FERC ¶ 61,266 at 61,401-61,402 (1998); *Northwest Pipeline Corp.* , 87 FERC ¶ 61,266 at 62,077 (1999); and *Trunkline Gas Co.* , 90 FERC ¶ 61,017 at 61,084-61,096 (2000). 11 47 FERC ¶ 61,295 at 62,056. The Commission referred to the example provided by the Court in *AGD I* illustrating how the pipeline might be unable to recover its cost of service if volumes that were obtained because of a discount were projected as volumes that would be transported at the maximum rate in the pipeline's next rate case. 824 F.2d at 1012. 2. The Discount Policy After Order No. 636 5. In Order No. 636, requiring the unbundling of the pipeline's sales and transportation services, the Commission adopted significant changes to the structure of the services provided by natural gas pipelines in order to foster greater competition in natural gas markets. As part of these changes, the Commission adopted the capacity release program that permits holders of firm transportation rights on a pipeline to resell those rights to other shippers. As the Commission explained in Order No. 636-A, the capacity release mechanism is intended to create a robust secondary market for capacity where the pipeline's direct sale of its capacity must compete with its firm shippers' offers to release their capacity. The Commission stated that this competition would help ensure that customers pay only the competitive price for the available capacity. 12 In *UDC* v. *FERC* , 13 the Court recognized that capacity release is intended to develop an active secondary market with holders of unutilized firm capacity rights reselling those rights in competition with capacity offered directly by the pipeline. In addition to promoting competition, capacity release was a means for firm capacity holders to mitigate the shift to the SFV rate design. 12 See Order No. 636-A, FERC Stats & Regs at 30,553 and 30,556. 13 88 F.3d 1105, 1149 (DC Cir. 1996). 6. Order No. 636 also adopted a policy giving firm shippers the right to use, on a secondary basis, receipt and delivery points other than the primary points listed in their contracts. This permits them to receive and deliver gas to any point within the firm capacity rights for which they pay. As the Court recognized in *INGAA* v. *FERC* , 14 Order No. 636's establishment of flexible point rights, as well as segmentation, was intended to enhance the value of firm capacity and promote competition in the secondary market between firm shippers releasing capacity and pipelines, as well as between releasing shippers themselves. 14 285 F.3d 18, 36 (DC Cir. 2002). 7. In the individual pipeline restructuring proceedings to comply with Order No. 636, the question arose whether a releasing shipper paying a discounted rate may retain that discount if its replacement shipper uses points other than the releasing shipper's primary points. In *El Paso Natural Gas Co.* , 15 the Commission held that if the pipeline's contract with the releasing shipper limited its discount to its primary points, the pipeline could require the releasing shipper to pay the maximum rate whenever its replacement shipper used a different point. The Commission explained that it permits, but does not require, pipelines to offer discounts below the maximum rate, and therefore the pipeline could limit a discount to a shipper's primary point. The releasing shipper, rather than the replacement shipper, would be responsible for paying any difference between the maximum rate and the replacement shipper's rate, because the replacement shipper's reservation charge is established through the bidding or other procedures set forth in the pipeline's tariff. The Commission also stated that the releasing shipper could protect itself by putting a condition in the release preventing the use of alternate points. 15 62 FERC ¶ 61,311 at 62,990-91 (1993). 8. In Order No. 637, the Commission took additional actions to enhance flexibility and competition in the secondary market. Among other things, Order No. 637 revised the Part 284 regulations to require pipelines to permit a firm shipper to segment its capacity either for its own use or for the purpose of capacity release, where operationally possible. While Order No. 637 did not change the Commission's policy on selective discounting, the Commission stated that the policy of permitting a pipeline to limit a shipper's discount to its primary point needed to be reexamined in the compliance filings, as part of the examination of restrictions on capacity release and segmentation. The Commission explained in Order No. 637-B 16 that it was concerned that requiring a releasing shipper with a discounted rate to pay the maximum rate in order to effectuate a segmented or release transaction could interfere with the competition created by capacity release. 16 92 FERC at 61,167-68. 9. *CIG* was the first Order No. 637 compliance proceeding where the Commission addressed how to resolve the tension between the Commission's selective discounting policy and the Commission's goal in adopting its segmentation and flexible point right policies of enhancing competition. The Commission explained that if a shipper always loses its primary point discount and is always required to pay the maximum rate when it uses a secondary point or segments its capacity, the shipper will be less likely to engage in these activities and competition will be restricted. On the other hand, the Commission recognized that if a shipper always retains its discount when it utilizes secondary points, discounts could be allowed at non-competitive points. Therefore, the Commission refined its discount policy to provide that if a pipeline is discounting its primary capacity at a point, a shipper that segments to that point or uses that point on a secondary basis should also receive that discount if it is similarly situated to the shipper receiving the discount. In *Granite State* , the Commission amended its holding in *CIG* to require pipelines to process shipper requests to retain discounts in no longer than two hours from the time the request is submitted. B. The Williston Decisions 10. In Williston's Order No. 637 compliance filing, the Commission required Williston to implement the discount policies set forth in *CIG/Granite State* . On rehearing, Williston argued that the *CIG/Granite State* discount policy undercuts its ability to target firm discounts to specific points in order to encourage the shipper to flow gas in a manner that will permit Williston to maximize the capacity of its reticulated system. Williston also argued that the policy would allow a firm shipper to obtain a long-term discount for an underutilized portion of its system and then engage in short-term discounted transactions at different receipt and delivery points. Williston asserted that this could reduce interruptible throughput in heavily utilized portions of its system while failing to increase flow at the point where the discount was originally given and where additional throughput was needed. Williston also argued that the policy is harmful because it limits its ability to grant discounts to obtain long-term firm service commitments and that application of the policy is not appropriate on its reticulated system. 11. The Commission concluded that shippers could not misuse the discounts in the manner described by Williston because, under the *CIG/Granite State* policy, the firm shipper changing points would pay the greater of its own discounted rate or the prevailing discount at the alternate point. Thus, the Commission stated, the shipper on the less utilized portion of the system could not shift its deeper discount to the more heavily utilized portion of the system. The Commission acknowledged that this new policy may require changes in long-term contracting, but stated that the policy change was nevertheless necessary to resolve the conflict between enhancing competition by adopting segmentation and flexible point rights and continuing to permit pipelines to restrict discounts to specific shippers at specific points. 12. The Court vacated the Commission's decisions in *Williston* on essentially two grounds. First, the Court held that the Commission had not adequately addressed whether the application of the *CIG/Granite State* policy in this case was appropriate in light of Williston's individual circumstances, particularly the reticulated nature of its system. The Court found that the Commission had not addressed Williston's contention that the policy could adversely affect its ability to use targeted discounts to manage gas flows across its system, in order to maximize its capacity and system utilization. Second, the Court held that the Commission had not adequately justified the general policy established in *CIG/Granite State* concerning retention of discounts when secondary points are used. The Court observed that the purpose of selective discounting is to increase throughput by allowing price discrimination in favor of demand-elastic customers, but a pipeline is unlikely to be able to increase throughput by selective discounting if capacity at secondary points can be transferred readily among shippers through resale at a discounted rate. The Court stated that “economic theory tells us price discrimination, of which selective discounting is a species, is least practical where arbitrage is possible “ that is, where a low-price buyer can resell to a high price buyer. . . . Yet this is precisely what the Commission's policy would appear not only to allow but to encourage.” 358 F.3d at 50. Therefore, the Court was concerned that the *CIG/Granite State* policy undermines the benefits of selective discounting. II. Discussion 13. This case raises important issues concerning the relationship between the Commission's discounting policy and its policies concerning capacity release, segmentation, and flexible point rights. As explained above, the Commission's regulations permitting selective discounting were first adopted as part of the Commission's regulatory policies as set forth in Order No. 436 and the Rate Design Policy Statement. Since that time, in Order Nos. 636 and 637, the Commission has moved toward a more competitive model, using a blend of approaches to approximate the results of a competitive market. The Commission has sought to create choice and competition where incentives and lack of market power allow for it, and to retain a cost-based approach where market power is too strong to allow a more market-oriented approach. Capacity release, segmentation, and flexible point rights are features of the Commission's more competitive model, while selective discounting is an outgrowth of the regulatory model. 14. Because the policies were developed at different times under different regulatory and economic models, selective discounting may not always be entirely compatible with the competitive measures adopted in Order Nos. 636 and 637. For example, the value of selective discounting to the captive customer has been to some extent replaced by the captive customer's ability to receive discounted capacity on the secondary market. The purpose of capacity release and flexible point rights is to encourage competition between the sale of the pipeline's own capacity and capacity release. The availability of capacity in the secondary market reduces the pipeline's sale of interruptible service, and may cause a reallocation of costs to firm customers in the next rate case. Thus, capacity release itself has undercut the ability of pipelines to use selective discounting both to obtain increased throughput from shippers with competitive alternatives and to maximize the revenue it obtains from each unit of throughput at the expense of inelastic or captive customers. However, capacity release gives firm customers a more direct way to reduce their costs. By releasing capacity in the secondary market, the firm shipper, including a captive customer, receives immediate payment for unused capacity, rather than waiting for the pipeline to file a new rate case to reflect throughput it has received through discounts. 17 17 At the time the discount policy was originally adopted, pipeline rates were set every three years under the terms of the Purchased Gas Adjustment
(PGA)clause in their tariff. Order No. 636 eliminated the three year rate review and the PGA clause, and section 4 rate cases are filed much less frequently by the pipelines. 15. Thus, as the Commission recognized in *CIG* , there is a tension between the policy of permitting pipelines to restrict discounts to specific shippers at specific points and the goal of enhancing competition through segmentation and flexible point rights. Placing restrictions on discounted transactions could interfere with competition created through released capacity. A shipper that uses flexible point rights to move to a secondary point or segments its capacity will require the use of different points than the primary points contained in the contract. Replacement shippers frequently need to use points different from those of the releasing shippers, and neither the releasing shipper nor the replacement shipper may be willing to absorb the differential between the discounted and maximum rate. If the releasing and/or replacement shipper is always required to pay the maximum rate when a secondary point is needed, competition will be restricted, but if the Commission requires the discount to apply to all points along the path, discounts may be given for other than competitive reasons. 16. In the *CIG* decision, the Commission attempted to strike a balance between these two extremes, so that a replacement or segmenting shipper could retain a discount if it was moving to a point where a discount was being given to a similarly situated shipper. Therefore, the Commission adopted a rebuttable presumption that a shipper segmenting, releasing, or utilizing specific points on a secondary basis will receive a discount at those points only if the pipeline is already granting discounts to those points under other firm or interruptible service agreements. The Commission intended that this balancing would address pipeline concerns that a discount necessary to meet competition at one point would not be appropriate or necessary at another point where conditions were different. 17. In view of these concerns, and the issues raised by the Court's decision in *Williston,* the Commission has determined in this proceeding to reexamine both
(1)the general policy established in *CIG/Granite State* concerning retention of discounts when secondary points are used and
(2)the application of that policy in the specific circumstances of Williston's reticulated system. Because the Commission will be using this proceeding to consider general policy matters applicable in other proceedings, the Commission will permit any interested party to intervene in this proceeding. To assist the Commission in this reevaluation, the Commission seeks responses from interested parties on the following issues. A. The General Policy Issue 18. Parties should state their views on whether the Commission should reaffirm the general policy established in *CIG/Granite State* concerning retention of discounts when secondary points are used, return to its previous policy as set forth in *El Paso Natural Gas Co.* , 18 or adopt some other alternative policy. One alternative policy, for example, could permit a releasing shipper to retain its discount if the release is for one month or less. This alternative would permit the releasing shipper to release capacity in competition with the pipeline's sale of interruptible and short-term firm capacity, without allowing the shifting of a long-term firm discount to another point on a long-term basis. The Commission seeks comments on this alternative. 18 62 FERC ¶ 61,311 at 62,990-91 (1993). 19. Further, the Commission is interested in comments on the extent to which the *CIG/Granite State* policy does, in fact, undercut the benefits of selective discounting for captive customers, and seeks comments on the following issues within 60 days of the date of publication of this order in the **Federal Register** . Parties may also file reply comments within 80 days of the date of publication of this order in the **Federal Register** .
(A)The Court was concerned that “a pipeline is unlikely to be able to increase throughput by selective discounting * * * if capacity at secondary points can be transferred readily among shippers through resale at the discounted rate.” 358 F.3d at 50. Under the *CIG/Granite State* policy, the pipeline need only permit a releasing shipper with a discount at its primary point to retain that discount in connection with its replacement shipper's transaction at a secondary point, if
(1)the pipeline has given another shipper at the secondary point a discount due to its competitive alternatives, and
(2)the replacement shipper is similarly situated, *i.e.* , also has competitive alternatives. Given these limitations on the right of the releasing shipper to retain its discount, does the *CIG/Granite State* policy significantly increase the opportunities for arbitrage?
(B)Is there less of an incentive under the *CIG/Granite State* policy for pipelines to offer discounts to attract additional throughput? Pipeline commenters should explain how the policy has affected their discounting practices, and provide detailed information concerning how many discounts were given prior to adoption of the policy and after its adoption, and how many discount firm contracts are in effect on their systems. Specifically, pipeline commenters should provide information concerning the term of the agreement, the total CD involved, and the receipt and delivery points for each discount given in the year prior to the adoption of the *CIG/Granite State* policy, and that same information for the year after adoption of the policy. In addition, pipeline commenters should state how many requests they have received from shippers, pursuant their tariff provisions implementing the *CIG/Granite State* discount policy, seeking to retain discounts when a different point is used, and how many such requests have been granted. For those requests for discounts that were denied, pipeline commenters should supply the reasoning used and whether the transaction was consummated without a discount. Pipeline commenters should also provide information on how selective discounts were used for system management prior to the adoption of the policy and whether their ability to use selective discounts for this purpose has been harmed by the policy. Provide examples.
(C)Shipper commenters should explain how the *CIG/Granite State* policy has affected their release of capacity, and provide information concerning release of discounted capacity prior to adoption of the policy and after its adoption. Shipper commenters should explain whether and why they were discouraged from engaging in capacity release as a result of the previous policy and the extent to which the *CIG/Granite State* policy has reduced such disincentives.
(D)Explain whether the impact of the *CIG/Granite State* policy is different on reticulated systems than on long line systems. B. Application of the Policy to Williston 20. Williston has asserted that the application of the *CIG/Granite State* policy to its system is not appropriate because of the reticulated nature of its system. Therefore, if the Commission upholds the policy on a generic basis, it will also consider whether the nature of Williston's system supports applying the policy to Williston on a modified basis.
(A)In order to aid the Commission in that determination, the Commission directs Williston to provide the following information within 60 days of the date of publication of this order in the **Federal Register:** 1. For the year before implementation of the *CIG/Granite State* policy on your system, list each discount that you granted to firm shippers. Provide information concerning the term of the agreement, the total CD involved, and the receipt and delivery points. Explain the benefits to system management that resulted from each discount. To the extent that any of these discounts were intended to increase flows on particular parts of the system, identify each discount and explain on what parts of the system the discount was intended to increase flow. 2. Provide this same information for the year following implementation of the *CIG/Granite State* policy on the system. Explain how any transfer of discounts to secondary points that occurred pursuant to the *CIG/Granite State* policy harmed system management. Explain how shippers were able to use the discounts granted on less heavily utilized portions of the system to displace volumes of gas moving on other more heavily utilized portions of the system. Explain how this could occur in view of the fact that the Commission's policy requires that a discount be granted at another point only if a discount has already been granted to a similarly situated shipper at that point, *i.e.* , the point has already been designated by the pipeline as a point where competition requires a discount. 3. For the year before and the year after Williston implemented the *CIG/Granite State* policy, list each discount you gave to interruptible shippers, including the term of each agreement and the receipt and delivery points. 4. In the *Williston* decision, the Court referred to Williston's concern that under the *CIG/Granite State* policy, a shipper with a long-term discount to an underutilized portion of the system could use the discount instead either to reduce its own shipments or displace those of other shippers on more heavily utilized portions of the system. Provide specific examples of how this would occur and indicate whether this has in fact ever occurred. If it has in fact occurred, be specific as to the customer(s), the term of the agreement, the discount rate, and the CD involved. 5. Provide information on all instances, after implementation of the *CIG/Granite State* policy, where Williston refused to grant a firm shipper a discount based on the concern that the shipper would be able to shift the discount to another point, thereby causing Williston to lose business.
(B)Within 80 days of the date of publication of this order in the **Federal Register** , other interested parties may reply to the information submitted by Williston regarding how the * CIG/ Granite State * policy should be applied to Williston. C. Administrative Findings Information Collection Statement 21. As discussed above, the Commission seeks comment on whether it should reaffirm the general policy established in *CIG/Granite State* concerning retention of discounts when secondary points are used, return to its previous policy as set forth in *El Paso Natural Gas Co.,* or adopt some other policy. In order to make a determination the Commission seeks specific information from pipelines on their discounting practices. Because the Commission is asking identical questions to obtain information from ten or more respondents, it is seeking approval of this data request from the Office of Management and Budget. 22. The collection of information set forth below has been submitted to the Office of Management and Budget
(OMB)for review under section 3507(d) of the Paperwork Reduction Act of 1995. 19 OMB's regulations require OMB to approve certain information collection requirements imposed by agency rule. 20 The Commission identifies the information provided for under this order as FERC-605, Discount Practice Reports. 19 44 U.S.C. 3507(d)(2000)). 20 5 CFR 1320.12 (2003). Data collection Number of respondents Number of responses Hours per response Total annual hours FERC-605 100 1 3 300 *Information Collection Costs:* The Commission seeks comments on the cost to comply with this data request. It has projected the average annualized cost of all respondents to be: $15,459. (300 hrs. ÷ 2,080 hours × $107,185) or 300 @ $52.00 an hour. 23. OMB's regulations require it to approve certain information collection requirements imposed by agency rule. The Commission is submitting a copy of this order to OMB. *Title:* Discount Practice Reports. *Action:* Proposed collection. *OMB Control No:* To be determined. *Respondents:* Businesses or other for profit. *Frequency of Responses:* On occasion. *Necessity of Information:* The information is needed so that the Commission can prepare an order in response to the Court's determination in *Williston Basin Interstate Pipeline Co.* v. *FERC* and assess its current policies. The Commission must ascertain the effects of its generic discount policy on pipeline operations and the relationship with other Commission policies, specifically, capacity release, segmentation and flexible point rights. The Commission will use responses to this inquiry to formulate its response in other proceedings on whether to maintain the current policy or adopt an alternative policy. *Internal Review:* The Commission has reviewed the data request and has determined that the information is necessary in order to reevaluate both the general policy established in *CIG/Granite State* concerning the retention of discounts when secondary points are used and the application of that policy in the specific circumstances of Williston's reticulated system. This information conforms to the Commission's plan for efficient information collection, communication and management within the natural gas industry. The Commission has assured itself, by means of internal review, that there is specific, objective support for the burden estimates associated with the information/data request. 24. Interested persons may obtain information on the information request by contacting the following: Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 [Attention: Michael Miller, Office of the Executive Director, Phone
(202)502-8415, fax:
(202)273-0873, e-mail: *michael.miller@ferc.gov* .] 25. For submitting comments concerning the collection of information and the associated burden estimates, please send your comments to the contact listed above and to the Office of Management and Budget, Office of Information and Regulatory Affairs, Washington, DC 20503, [Attention: Desk Officer for the Federal Energy Regulatory Commission, phone:
(202)395-7856, fax:
(202)395-7285. *The Commission orders:* Parties may submit comments on the issues set forth above within 60 days of the date of the publication of this order in the **Federal Register** , and may file reply comments within 80 days of the date of the publication of this order in the **Federal Register** . By the Commission. Linda Mitry, Acting Secretary. [FR Doc. 04-12920 Filed 6-9-04; 8:45 am]
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  • 358 F.3d 45
  • 824 F.2d 981
  • 88 F.3d 1105
  • 285 F.3d 18
  • 5 CFR 1320.12
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cites case law
Notices
Notice of request for comments; order on remand
C.F.R.§ 385.2001
C.F.R.§ 385.602
C.F.R.§ 284.10
U.S.C.§ 3507
F. App'x358 F.3d 45
F. App'x824 F.2d 981
F. App'x88 F.3d 1105
F. App'x285 F.3d 18
Cite5 CFR 1320.12
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