Notices. Notice of adequacy

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BILLING CODE 3810-FF-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2100-052-California] California Department of Water Resources; Notice of Designation of Certain Commission Personnel as Non-Decisional June 29, 2004. Commission staff member Elizabeth Molloy was assigned to help resolve environmental and related issues associated with development of a comprehensive settlement agreement for the Oroville Project. The parties anticipate completing the comprehensive settlement agreement and filing an offer of settlement by January 31, 2005.

As a “non-decisional” staff, Ms. Molloy will take no part in the Commission's review of the offer of settlement and the comprehensive settlement agreement, or deliberations concerning the disposition of the relicense application. Different Commission “advisory staff” will be assigned to review the offer of settlement, the comprehensive settlement agreement, and process the relicense application, including providing advice to the Commission with respect to the agreement and the application.

Non-decisional staff and advisory staff are prohibited from communicating with one another concerning the settlement and the relicense application. Linda Mitry, Acting Secretary. [FR Doc. E4-1518 Filed 7-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-113-000] Central Hudson Gas & Electric Corp., et al. v. New York Independent Transmission System Operator, Inc.; Notice of Meeting on New York Independent System Operator, Inc.

Filing June 29, 2004. The Commission hereby gives notice that members of its staff will meet with New York Independent System Operator, Inc. (NYISO) on July 1, 2004, from 11 a.m. to 1 p.m. (e.s.t.). The meeting will be held at the Commission, 888 First Street, NE., Washington, DC 20426. The purpose of the meeting is to discuss a possible upcoming filing by NYISO concerning Transmission Congestion Credits. The meeting is open to the public. Parties interested in further information about the meeting may contact Alice Fernandez at

(202)502-8284. During the course of the meeting, it is possible that the discussion may address matters pending in the above-captioned docket. Linda Mitry, Acting Secretary. [FR Doc. E4-1514 Filed 7-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 2403, 2534, 2666, 2710, 2712, 2721, and 10981; and Docket No. DI97-10; Project No. 2312; Project No. 2600] PPL Maine, LLC, PPL Great Works, LLC, Bangor Pacific Hydro Associates; Notice of Comprehensive Settlement Accord and Soliciting Comments June 29, 2004. Take notice that the following Comprehensive Settlement Accord has been filed with the Commission and is available for public inspection. a. *Type of Application:* Lower Penobscot River Basin comprehensive settlement accord with explanatory statement (comprehensive settlement). b. *Project Nos.:* 2403, 2534, 2666, 2710, 2712, 2721, 10981, 2312, and 2600. *Docket No.:* DI97-10. c. *Date Filed:* June 25, 2004. d. *Applicant:* PPL Maine, LLC (PPL Maine) and affiliated companies (PPL). e. *Names of Projects:* Veazie (P-2403), Milford (P-2534), Medway (P-2666), Orono (P-2710), Stillwater (P-2712), Howland (P-2721), Basin Mills (P-10981), Great Works (P-2312), and West Enfield (P-2600). *Location:* The Veazie, Great Works, and West Enfield Projects are located on the Penobscot River in Penobscot County, Maine. The Milford Project is located on the Penobscot and Stillwater Rivers in Penobscot County, Maine. The Stillwater and Orono Projects are located on the Stillwater River in Penobscot County, Maine. The Medway Project is located on the West Branch Penobscot River in Penobscot County, Maine. The Howland Project is located on the Piscataquis River in Penobscot County, Maine. The Basin Mills Project would be located on the Penobscot River in Penobscot County, Maine. f. *Filed Pursuant to:* Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. g. *Applicant Contact:* John A. Whittaker, IV, Winston & Strawn, 1400 L Street, NW., Washington, DC 20005,

(202)371-5766, *jwhittak@winston.com* . h. *FERC Contact:* Ed Lee at

(202)502-6082 or *Ed.Lee@ferc.gov* . i. *Deadline for Filing Comments:* The deadline for filing comments on the Comprehensive Settlement, the Joint Request ( *see* below), and the FWS Modified Prescriptions ( *see* below) is 20 days from the date of this notice. The deadline for filing reply comments is 30 days from the date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission will publicly notice for comment the five license amendment applications and the application for new license discussed below when those applications are accepted for Commission processing. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 395.2001(a)(1)(iii) and the instructions of the Commission's Web site ( *http://www.ferc.gov* ) under the “e-filing” link. j. *Description of Filing:* PPL filed the Comprehensive Settlement jointly with 12 stakeholders: The Penobscot Indian Nation (PIN), the United States Department of the Interior acting through its bureaus the Fish and Wildlife Service (FWS), the Bureau of Indian Affairs (BIA), and the National Park Service (collectively DOI), the Maine Agencies (the Maine State Planning Office, the Maine Atlantic Salmon Commission, the Maine Department of Inland Fisheries and Wildlife, and the Maine Department of Marine Resources), the Conservation Interests (American Rivers, Inc., the Atlantic Salmon Federation, the Maine Audubon Society, the Natural Resources Council of Maine, and Trout Unlimited), and the Penobscot River Restoration Trust (Trust) (collectively Parties). The Comprehensive Settlement is embodied in the Lower Penobscot River Multiparty Settlement Agreement dated June 2004 (the MPA) and in two additional agreements attached to the MPA: the Lower Penobscot River Option Agreement dated June 2004 (Option Agreement) and the Comprehensive Settlement Agreement Between the Penobscot Indian Nation, PPL Maine, LLC, and the Bureau of Indian Affairs of the Department of the Interior dated June 2004 (PIN Agreement). The Parties propose in the Comprehensive Settlement a phased approach to resolving all fish passage, energy generation, and tribal issues associated with PPL's Lower Penobscot River hydroelectric projects. Under the Comprehensive Settlement, PPL will grant the Trust a five-year option to acquire Veazie, Howland, and Great Works (Designated Projects), and thereafter decommission and remove Veazie and Great Works and decommission and either alter Howland by constructing a fish bypass system that would substantially or entirely maintain the existing dam structure and impoundment or remove the dam. If the option is exercised, PPL and the Trust would file applications to transfer the licenses for the Designated Projects to the Trust and the Trust would file applications to surrender the licenses and to obtain Commission authorization to decommission and remove/alter them. If the Commission approves those subsequent applications, the MPA provides an opportunity for certain energy enhancements to be pursued. To allow the option process to work, the Parties propose in a Joint Request submitted with the Comprehensive Settlement that the Commission suspend the relicensing proceedings for Howland and Great Works and extend certain requirements of the Milford and Veazie licenses until the option has been exercised, has expired, or has been terminated (Joint Request). As required by the MPA, PPL has separately filed separate applications to amend the licenses for Veazie, Milford, Stillwater, Medway, and West Enfield and an application for a new 40-year license for Orono. These applications propose energy enhancements at West Enfield, Stillwater, and Medway (one-foot headpond increases) and at Orono (refurbishment at existing capacity). The Milford and West Enfield applications propose the addition of provisions to address impacts on the PIN Reservation and other interests. The Parties also propose that the fish passage provisions of the Veazie, Milford, Stillwater, and West Enfield licenses be modified (and the new Orono license contain provisions) as specified in an attachment to the MPA (Attachment A). To implement these modified fish passage provisions, PPL has included in four of the license amendment applications and in the new license application requests for incorporation of provisions consistent with Attachment A, and the FWS has separately submitted Preliminary Prescription Modifications and Preliminary Prescriptions for Milford, Veazie, Stillwater, and Orono (FWS Modified Prescriptions). The FWS Modified Prescriptions contain fish passage provisions to be implemented initially and when the Designated Projects are acquired by the Trust. The Parties included the MPA, the Option Agreement, and the PIN Agreement with the Comprehensive Settlement filing for informational purposes only and are not requesting that the Commission approve any of these three agreements. Rather, they request that the Commission approve the applications/requests that they have submitted to implement the initial phase of the Comprehensive Settlement (Phase 1 Requests): The Joint Request, the license amendment applications for Veazie, Milford, Stillwater, Medway, and West Enfield, the application for new license for Orono, and the FWS Modified Prescriptions. The MPA provides that, if the Commission approves all of the Phase 1 Requests without material change, the requests for rehearing of the Commission's April 20, 1998 orders in the Basin Mills, *et al.* proceedings and certain submittals made by DOI in the Milford relicensing proceeding will be withdrawn. k. Copies of the Comprehensive Settlement, the Joint Request, and the FWS Modified Prescriptions 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 to access the documents. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. Register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Linda Mitry, Acting Secretary. [FR Doc. E4-1513 Filed 7-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-114-000] City of Santa Clara, California v. Enron Power Marketing, Inc.; Notice of Complaint July 6, 2004. Take notice that on July 2, 2004, the City of Santa Clara, California

(City)filed a formal complaint against Enron Power Marketing, Inc.

(EPMI)pursuant to sections 206, 306 and 309 of the Federal Power Act, 16 U.S.C. 824e, 825e and 825h (2002), and Rule 206 of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 CFR 385.206

(2003)seeking relief from EPMI's alleged unlawful attempts to terminate certain contracts with the City, and seeking to prohibit EPMI from collecting unjust and unreasonable termination charges from City. Any person desiring to be heard or to protest this filing should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. The answer to the complaint and all comments, interventions or protests must be filed on or before the comment date. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or for TTY, contact

(202)502-8659. The answer to the complaint, comments, protests and interventions may be filed electronically via the Internet in lieu of paper; *see* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* July 22, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-1515 Filed 7-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1951-114] Georgia Power Company; Notice of Availability of Environmental Assessment June 29, 2004. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects staff (staff) reviewed the request for a municipal water withdrawal from the Sinclair Project, located on the Oconee River in Baldwin, Putnam, and Hancock Counties, Georgia, and prepared an environmental assessment

(EA)for the proposed water withdrawal. In this EA, staff analyze the potential environmental effects of the proposed water withdrawal of six million gallons per day as a monthly average from the project reservoir for municipal water supply, and conclude that the proposed water withdrawal would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is available for review at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426 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 Commission order and attached EA, issued June 23, 2004 (107 FERC ¶ 62,264). For assistance, contact FERC On-Line Support at *FERCOnlineSupport@ferc.gov* or call toll-free 1-866-208-3676. For TTY, call

(202)502-8659. Linda Mitry, Acting Secretary. [FR Doc. E4-1516 Filed 7-9-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 199-203] South Carolina Public Service Authority; Notice of Availability of Environmental Assessment June 29, 2004. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects staff (staff) reviewed the request to use Santee-Cooper Project lands and waters in the development of a Lake Marion Regional Water System Project. The project is located on the Santee and Cooper Rivers (Lake Marion and Lake Moultrie) in Berkeley, Calhoun, Clarendon, Orangeburg, and Sumter Counties, South Carolina. Staff prepared an environmental assessment

(EA)for the application and analyzed the effects of structures to be constructed on project lands, as well as the water withdrawal from Lake Marion. Staff concluded that the licensee's proposal would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is available for review at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426 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 Commission order and attached EA, issued June 28, 2004 (107 FERC ¶ 62,285). For assistance, contact FERC On-line Support at *FERCOnlineSupport@ferc.gov* or call toll-free

(866)208-3676 for TTY, call

(202)502-8659. Linda Mitry, Acting Secretary. [FR Doc. E4-1517 Filed 7-9-04; 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 Agenda for the July 13, 2004, Technical Conference on Credit-Related Issues for Electric Transmission Providers, Independent System Operators, and Regional Transmission Organizations July 6, 2004. As announced in the Notice of Conference issued May 28, 2004, the Federal Energy Regulatory Commission (Commission) will hold a Staff technical conference on Tuesday, July 13, 2004, from 9:30 a.m. to 4 p.m. e.s.t. at the Commission's headquarters, 888 First Street, NE., Washington, DC, in the Commission's meeting room (Room 2C). The conference will be conducted by the Commission's Staff, and members of the Commission may be present for all or part of the conference. The Commodity Futures Trading Commission

(CFTC)may also participate. All interested parties are invited to attend. There is no requirement to register and no registration fee to attend the conference. The Commission's summer dress code is business casual. The purpose of the conference is 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 (ISOs), and Regional Transmission Organizations (RTOs). 1 For the purposes of this notice, a Transmission Provider is defined as an entity that provides electric transmission service and is neither an ISO nor an RTO. The conference agenda is appended to this Notice. The agenda includes four subject panels. Panelists are encouraged to file prepared written statements addressing the issues on or before July 13, 2004. Such statements should be filed with the Secretary of the Commission. Following the four panels, there will be time for public comment on issues related to 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, as soon as possible, David Reininger or Julia Morelli at Capitol Connection (703-993-3100) or visit the Capitol Connection Web site at *http://www.capitolconnection.org* and click on “FERC.” Interested parties are urged to watch the docket for any further notices 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. E4-1519 Filed 7-9-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [Region 2 Docket No. NY69-278 FRL-7785-8] Adequacy Status of the Submitted 2003, 2009 and 2013 Carbon Monoxide Budgets for the Attainment and Maintenance of the Carbon Monoxide National Ambient Air Quality Standards for Transportation Conformity Purposes for Onondaga County, NY AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of adequacy. SUMMARY: In this notice, EPA is notifying the public that we have found that the motor vehicle emissions budgets (“budgets”) for carbon monoxide

(CO)in the submitted revision to the Carbon Monoxide Maintenance Plan for Onondaga, New York to be adequate for conformity purposes. These budgets were recalculated using EPA's latest motor vehicle emissions factor model, MOBILE6. On March 2, 1999, the D.C. Circuit Court ruled that submitted state implementation plan budgets cannot be used for conformity determinations until EPA has affirmatively found them adequate. As a result of our finding, Onondaga County, New York must use the new 2003, 2009 and 2013 CO budgets from the revision to the Carbon Monoxide Maintenance Plan for Onondaga County for future conformity determinations. DATES: This finding is effective July 27, 2004. FOR FURTHER INFORMATION CONTACT: Melanie A. Zeman, Air Programs Branch, Environmental Protection Agency—Region 2, 290 Broadway, 25th Floor, New York, New York 10007-1866,

(212)637-4022, *Zeman.Melanie@epa.gov* . The finding and the response to comments will be available at EPA's conformity Web site: *http://www.epa.gov/otaq/traq* , (once there, click on the “Conformity” button, then look for “Adequacy Review of SIP Submissions for Conformity”). SUPPLEMENTARY INFORMATION: Background Today's notice is simply an announcement of a finding that we have already made. EPA Region 2 sent a letter to the New York Department of Environmental Conservation on June 30, 2004 stating that the revised carbon monoxide budgets in the submitted Carbon Monoxide Maintenance Plan revision for Onondaga County, New York (dated June 22, 2004) are adequate for conformity purposes. The purpose of New York's June 22, 2004 submittal was to fulfill its commitment to update the current ten year Maintenance Plan for Carbon Monoxide for Onondaga County. The state is required to submit a new maintenance plan ten years after EPA approves the initial maintenance plan for the area. EPA approved the Onondaga County, New York redesignation request and Maintenance plan in 1993 (58 FR 50851, September 29, 1993). EPA's adequacy finding will also be announced on EPA's conformity Web site: *http://www.epa.gov/otaq/traq* , (once there, click on the “Conformity” button, then look for “Adequacy Review of SIP Submissions for Conformity”). Transportation conformity is required by section 176(c) of the Clean Air Act. EPA's conformity rule requires that transportation plans, programs, and projects conform to SIPs and establishes the criteria and procedures for determining whether or not they conform. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards. The criteria by which we determine whether a SIP's motor vehicle emission budgets are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). Please note that an adequacy review is separate from EPA's completeness review, and it also should not be used to prejudge EPA's ultimate approval of the SIP. Even if we find a budget adequate, the SIP could later be disapproved. We have described our process for determining the adequacy of submitted SIP budgets in guidance (May 14, 1999 memo titled “Conformity Guidance on Implementation of March 2, 1999 Conformity Court Decision”). We followed this guidance, which can also be found on EPA's Web site at: *http://www.epa.gov/otaq/traq* , in making our adequacy determination. Authority: 42 U.S.C. 7401-7671q. Dated: June 30, 2004. Jane M. Kenny, Regional Administrator, Region 2. [FR Doc. 04-15720 Filed 7-9-04; 8:45 am]

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