Notices. Notice; request for public comment

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BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL04-68-002, ER04-850-001] Bridger Valley Electric Association, Inc., Bridger Valley Electric Association, Inc.; Notice of Filing July 19, 2004. Take notice that on July 14, 2004, Bridger Valley Electric Association, Inc. (Bridger Valley), submitted its compliance filing in response to the Commission's Order in Bridger Valley Electric Association, Inc., 107 FERC ¶ 61,270 (2004). Specifically, Bridger Valley states that it has filed revised tariff sheets reflecting a change to its open access transmission tariff

(OATT)indicating that Order No. 2003 only covers generators greater than 20 MW. Any person desiring to intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. eastern time on August 4, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1650 Filed 7-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [RT01-99-000, RT01-99-001, RT01-99-002 and RT01-99-003, RT01-86-000, RT01-86-001 and RT01-86-002, RT01-95-000, RT01-95-001 and RT01-95-002, RT01-2-000, RT01-2-001, RT01-2-002 and RT01-2-003, RT01-98-000, RT02-3-000] Regional Transmission Organizations, Bangor Hydro-Electric Company, et al., New York Independent System Operator, Inc., et al., PJM Interconnection, L.L.C., et al., PJM Interconnection, L.L.C., ISO New England, Inc., New York Independent System Operator, Inc.; Notice July 19, 2004. Take notice that PJM Interconnection, L.L.C., New York Independent System Operator, Inc. and ISO New England, Inc. have posted on their Internet Web sites charts and information updating their progress on the resolution of ISO seams. Any person desiring to file comments on this information 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). All such comments should be filed on or before the comment date. Comments may be filed electronically via the Internet in lieu of paper; *see* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* August 9, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1648 Filed 7-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-812-001, et al.] Duke Energy Corporation, et al.; Electric Rate and Corporate Filings July 20, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Duke Energy Corporation [Docket No. ER04-812-001] Take notice that, on July 16, 2004, Duke Energy Corporation, on behalf of Duke Electric Transmission (collectively, Duke) submitted a compliance filing pursuant to the Commission's Letter Order issued July 2, 2004, in Docket No. ER04-812-000. Duke states that the compliance filing adds Tables of Contents to the Large Generator Interconnection Procedures and the Large Generator Interconnection Agreement in the Duke open access tariff, to be made effective April 26, 2004. Duke states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. eastern time on August 6, 2004. 2. Ohmus Energy Company, LLC [Docket No. ER04-848-001] Take notice that on July 14, 2004, the Ohmus Energy Company, LLC, pursuant to the Commission's deficiency letter issued July 1, 2004, submitted an Amendment to its May 17, 2004, filing in Docket No. ER04-848-000. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 3. PJS Capital, LLC [Docket No. ER04-896-001] Take note that on July 15, 2004, PJS Capital, LLC (PJS Capital), pursuant to the Commission's deficiency letter issued July 1, 2004, filed an amendment to its May 25, 2004, filing in Docket No. ER04-896-000. *Comment Date:* 5 p.m. eastern time on August 5, 2004. 4. PJM Interconnection, L.L.C. [Docket No. ER04-988-001] Take notice that on July 16, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing a substitute interconnection service agreement

(ISA)among PJM, PPL Distributed Generation, LLC, and Public Service Electric and Gas Company designated as Substitute Original Service Agreement No. 1046 under PJM Interconnection FERC Electric Tariff Sixth Revised Volume No. 1. PJM requests an effective date of June 4, 2004. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* 5 p.m. eastern time on August 6, 2004. 5. Virginia Electric and Power Company [Docket No. ER04-1021-000] Take notice that on July 15, 2004, Virginia Electric and Power Company (Dominion Virginia Power) submitted Tenth Revised Service Agreement Nos. 253 and 49 under Virginia Electric and Power FERC Electric Tariff, Second Revised Volume No. 5, unexecuted service agreements with Sempra Energy Trading Corp. Dominion Virginia Power requests an effective date of June 15, 2004. Dominion Virginia Power states that copies of the filing were served upon Sempra Energy Trading Corp., the Virginia State Corporation Commission, and the North Carolina Utilities Commission. *Comment Date:* 5 p.m. eastern time on August 5, 2004. 6. Choice Energy Services, L.P. [Docket No. ER04-1022-000] Take notice that on July 15, 2004, Choice Energy Services, L.P. (Choice) submitted a Petition for Acceptance of Choice Rate Schedule FERC No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. Choice states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer. Choice also states that it is not in the business of generating or transmitting electric power. *Comment Date:* 5 p.m. eastern time on August 5, 2004. 7. Virginia Electric and Power Company [Docket No. ER04-1023-000] Take notice that on July 15, 2004, Virginia Electric and Power Company (Dominion Virginia Power) tendered for filing First Revised Service Agreement Nos. 379 and 380 under Virginia Electric and Power Company FERC Electric Tariff, Second Revised Volume No. 5, unexecuted service agreements with Igenco Wholesale Power LLC. Dominion Virginia Power requests an effective date June 15, 2004. Dominion Virginia Power states that copies of the filing were served upon Ingenco Wholesale Power LLC, the Virginia State Corporation Commission, and the North Carolina Utilities Commission. *Comment Date:* 5 p.m. eastern time on August 5, 2004. 8. New York Independent System Operator, Inc. [Docket No. ER04-1024-000] Take notice that on July 15, 2004, the New York Independent System Operator, Inc. (NYISO) filed proposed revisions to the Independent System Operator Agreement. NYISO states that the proposed revisions would amend the Independent System Operator Agreement to allow Demand reduction providers and Distributed Generators to be added as voting members in stakeholder governance. NYISO states that it has served a copy of the filing to all parties that have executed Service Agreements under the NYISO's OATT or Services Tariff, the New York State Public Services Commission and to the electric utility regulatory agencies in New Jersey and Pennsylvania. *Comment Date:* 5 p.m. eastern time on August 5, 2004. 9. PJM Interconnection, L.L.C. [Docket No. ER04-1025-000] Take notice that on July 16, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing Original Service Agreement No. 1048, under PJM's FERC Electric Tariff Sixth Revised Volume No. 1, an executed interconnection service agreement

(ISA)among PJM, Handsome Lake Energy, L.L.C., and Pennsylvania Electric Company, a FirstEnergy Company. PJM requests an effective date of June 16, 2004. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* 5 p.m. eastern time on August 6, 2004. 10. Ohio Valley Electric Corporation Indiana-Kentucky Electric Corporation [Docket No. ER04-1026-000] Take notice that on July 16, 2004, Ohio Valley Electric Corporation,

(OVEC)and its wholly owned subsidiary, Indiana-Kentucky Electric Corporation

(IKEC)submitted for filing an Amended and Restated Inter-Company Power Agreement among OVEC and certain other companies named within that agreement as “Sponsoring Companies”; and OVEC's First Revised Rate Schedule NO. 1, an Amended and Restated Power Agreement between OVEC and IKEC (the Amended Agreements). OVEC also tendered for filing a Termination Agreement relating to the First Supplementary Transmission Agreement among OVEC and the Sponsoring Companies (Supplementary Transmission Agreement). OVEC requests an effective date of March 13, 2006. OVEC states that copies of the filing were served upon Allegheny Energy Supply Company, LLC, Appalachian Power Company, the Cincinnati Gas & Electric Company, Columbus Southern Power Company, the Dayton Power and Light Company, FirstEnergy Generation Corp., Indiana Michigan Power Company, Kentucky Utilities Company, Louisville Gas and Electric Company, Monongahela Power Company, Ohio Power Company, Southern Indiana Gas and Electric Company, the Utility Regulatory Commission of Indiana, the Public Service Commission of Kentucky, the Public Service Commission of Maryland, the Public Service Commission of Michigan, the Public Utilities Commission of Ohio, the Public Utility Commission of Pennsylvania, Tennessee Regulatory Authority, the State Corporation Commission of Virginia and the Public Service Commission of West Virginia. *Comment Date:* 5 p.m. eastern time on August 6, 2004. 11. Rocky Mountain Power, Inc. [Docket No. ER04-1027-000] Take notice that on July 16, 2004, Rocky Mountain Power, Inc.

(RMP)submitted a request for approval of Rocky Mountain Power Inc. FERC Electric Tariff, Original Volume No. 1; the grant of certain blanket approvals including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. RMP requests that the rate schedule become effective 60 days after the filing date. *Comment Date:* 5 p.m. eastern time on August 6, 2004. Standard Paragraph Any person desiring to intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. eastern time on August 6, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1647 Filed 7-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-119-000, et al.] Quest Energy, L.L.C., et al.; Electric Rate and Corporate Filings July 16, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Quest Energy, L.L.C. v. The Detroit Edison Company [Docket No. EL04-119-000] Take notice that on July 14, 2004, Quest Energy, L.L.C. (Quest) filed a formal complaint against The Detroit Edison Company (Detroit Edison) pursuant to 18 CFR 385.206. Quest alleges that Detroit Edison failed to compensate Quest for imbalance energy provided to Detroit Edison during a 38 hour period between August 14 and 16, 2003. Quest states that as a result of Detroit Edison's failure to follow its Tariff and refusal to apply Schedule 4 to energy deliveries during this period, Quest has been under-compensated approximately $449,852, including interest. *Comment Date:* 5 p.m. eastern time on August 3, 2004. 2. Carthage Energy, LLC, Energetix, Inc., New York State Electric & Gas Corporation, NYSEG Solutions, Inc., Rochester Gas and Electric Corporation, PEI Power II, LLC, South Glens Falls Energy, LLC, Hartford Steam Company [Docket Nos. ER99-2541-005, ER97-3556-013, ER99-221-007, ER99-220-010, ER97-3553-001, ER01-1764-002, ER00-262-004, and ER04-582-003] Take notice that on July 12, 2004, Carthage Energy, LLC, Energetix, Inc. (Energetix), New York State Electric & Gas Corporation, NYSEG Solutions, Inc., Rochester Gas and Electric Corporation (RG&E), PEI Power II, LLC (PE12), and South Glens Falls Energy, LLC submitted a compliance filing in triennial market power analysis. Energetix, RG&E and PE12, also submitted revised tariff sheets to incorporate the market behavior rules adopted the Commission, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). In addition, Hartford Steam Company, in compliance with Acadia Power Partners, LLC, 107 FERC ¶ 61,168

(2004)tendered for filing an amendment to its pending market-based rate application in Docket No. ER04-582-000. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 3. El Dorado Energy, LLC [Docket No. ER99-3865-001 Take notice that on July 12, 2004, El Dorado Energy, LLC (El Dorado) submitted an updated market power analysis. El Dorado also tendered for filing amendments to its market-based rate tariff in compliance with the Commission's order issued November 17, 2003, in Docket No. EL01-118-000. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 4. Cross-Sound Cable Company, LLC [Docket No. ER00-1-004] Take notice that on July 14, 2004, Cross-Sound Cable Company, LLC (CSC LLC) filed a motion for waiver of section 141.1 of the Commission's regulations that requires it to file FERC Form No. 1, Annual Report of Major Electric Utilities. CSC LLC states that because of CSC LLC's unique circumstances, the Form No. 1 filing requirement is neither necessary nor appropriate, and the annual Form No. 1 filing requirement should be waived for CSC LLC. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 5. AES Ironwood, LLC [Docket No. ER01-1315-000] Take notice that on July 12, 2004, AES Ironwood, LLC (Ironwood) submitted for filing its triennial market power update analysis. Ironwood also submitted for filing amendments to its market-based rate tariff implementing the Market Behavior Rules adopted by the Commission, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorization, 105 FERC ¶ 61,218 (2003). In addition, Ironwood also submitted for approval its revision to FERC Electric Tariff, Original Volume No. 1, and its first revision to its Statement of Policy and Code of Conduct. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 6. PPL Wallingford Energy LLC [Docket No. ER01-1559-002] Take notice that on July 12, 2004, PPL Wallingford Energy LLC (PPL Wallingford) submitted for filing an updated market power analysis. PPL Wallingford also filed revisions to its FERC Electric Tariff, Original Volume No. 1 to incorporate the Market Behavior Rules adopted by the Commission in Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). *Comment Date:* 5 p.m. eastern time on August 2, 2004. 7. PPL Southwest Generation Holdings, LLC [Docket No. ER01-1870-002] Take notice that on July 12, 2004, PPL Southwest Generation Holdings, LLC (PPL Southwest Generation) filed an updated market power analysis. PPL Southwest Generation also filed revisions to its market-based rate tariff to incorporate the Market Behavior Rules the Commission adopted by order issued November 17, 2003, in Docket No. EL01-118-000. PPL Southwest Generation states that it has served a copy of this filing on the parties on the Commission's official service list for Docket No. ER01-1870-002. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 8. Moses Lake Generating LLC [Docket No. ER01-1871-002] Take notice that on July 12, 2004, Moses Lake Generating LLC (Moses Lake) filed with the Commission its triennial updated market analysis. Moses Lake also tendered for filing an amendment to its FERC Electric Tariff to incorporate the Market Behavior Rules adopted by the Commission, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). *Comment Date:* 5 p.m. eastern time on August 2, 2004. 9. Entergy Services, Inc. [Docket No. ER03-861-002] Take notice that on July 12, 2004, Entergy Services, Inc., on behalf of Entergy Arkansas, Inc., Entergy Gulf States, Inc., Entergy Louisiana, Inc., Entergy Mississippi, Inc., and Entergy New Orleans, Inc., (collectively, the Entergy Operating Companies) tendered for filing a refund report in compliance with the Commission's order issued May 27, 2004 in Docket No. ER03-861-000. Entergy Operating Companies states that it has served upon all impacted customers and their respective states commissions. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 10. Tucson Electric Power Company and UNS Electric, Inc. [Docket Nos. ER04-460-002] Take notice that on July 14, 2004, Tucson Electric Power Company (Tucson Electric) and UNS Electric, Inc. (UNS Electric) submitted revised tariff sheets in compliance with the Commission's “Order Accepting in Part, Rejecting in Part, and Modifying in Part Tariff Sheets Modifying Pro Forma Standard Large Generator Interconnection Procedures and Standard Large Generator Interconnection Agreement” issued on June 4, 2004, in Docket Nos. ER04-460-000 and 001. Tucson Electric and UNS Electric request an effective date of January 20, 2004. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 11. Praxair Plainfield, Inc. [Docket No. ER04-635-001] Take notice that on July 13, 2004, Praxair Plainfield, Inc. (Plainfield) filed an amendment to its pending application requesting acceptance of its proposed Market-Based Rate Tariff (Tariff), waiver of certain regulations, and blanket approvals filed on March 10, 2004, in Docket No. ER04-635-000. Plainfield states that the Tariff would authorize Plainfield, inter alia, to engage in wholesale sales of energy, capacity, and ancillary services, as well as firm transmission rights to eligible customers at market-based rates, and to reassign transmission capacity rights at negotiated rates. *Comment Date:* 5 p.m. eastern time on August 3, 2004. 12. Alabama Power Company [Docket No. ER04-692-000] Take notice that on July 12, 2004, Alabama Power Company (APC), filed request for withdrawal of its March 31, 2004, filing of Revision No. 9 to Rate Schedule REA-1 of APC's FERC Electric Tariff, Original Volume No. 1, to be effective July 12, 2004. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 13. Southern Company Services, Inc. [Docket No. ER04-953-000] Take notice that on July 8, 2004, Southern Company Services, Inc. (SCS), on behalf of Georgia Power Company (GPC), filed with the Commission a clarification of its June 23, 2004, Notice of Cancellation of the Interconnection Agreement between Southern Power Company and GPC, Service Agreement No. 459 under Southern Companies' Open Access Transmission Tariff, Fourth Revised Volume No. 5. *Comment Date:* July 29, 2004. 14. Mid-Continent Area Power Pool [Docket No. ER04-960-001] Take notice that on July 13, 2004, Mid-Continent Area Power Pool

(MAPP)submitted Second Revised Sheet No. 18 to MAPP's FERC Electric Tariff, 1st Revised Volume No. 1. MAPP states that the revised sheet was inadvertently omitted from its June 25, 2004, filing in Docket No. ER04-960-001. MAPP states that a copy of the filing has been served on all MAPP members, customers under Schedule F, and the state commissions in the MAPP region. *Comment Date:* 5 p.m. eastern time on August 3, 2004. 15. New England Power Pool [Docket No. ER04-1005-000] Take notice that on July 12, 2004, the New England Power Pool (NEPOOL) Participants Committee filed a revision to section 2.9(d) of NEPOOL Market Rule 1, clarifying the procedures to be used when correcting Day-Ahead Energy Market results. NEPOOL requests an effective date of September 10, 2004. The NEPOOL Participants Committee states that copies of the filing were sent to NEPOOL Participants and the New England State governors and regulatory commissions. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 16. Rochester Gas and Electric Corporation [Docket No. ER04-1006-000] Take notice that on July 12, 2004, Rochester Gas and Electric Corporation (RG&E) tendered for filing with the Commission an Executed Assignment and Assumption Agreement between Constellation Generation Group, LLC and R.E. Ginna Nuclear Power Plant, LLC, by which Constellation assigns, and Ginna assumes, Constellation's right, title and interest in and to the Interconnection Agreement between RG&E and Constellation, and a First Amendment to the Interconnection Agreement between RG&E and Ginna. RG&E requests an effective date of June 10, 2004. RG&E states that this filing has been served upon Ginna, the New York State Public Service Commission, and the New York Independent System Operator, Inc. *Comment Date:* 5 p.m. eastern time on August 2, 2004. 17. Southern California Edison Company [Docket No. ER04-1011-000] Take notice that on July 13, 2004, Southern California Edison Company

(SCE)submitted for filing revised sheets that reflect a proposed increase in the rate for scheduling and dispatching (S&D) services as embodied in SCE's agreements with the following entities: Entity Rate schedule FERC No. 1. Arizona Public Service Company 348 2. Imperial Irrigation District 268 3. Metropolitan Water District of Southern California 292 4. M-S-R Public Power Agency 339 5. Pacific Gas and Electric Company 256, 318 SCE states that each of the Agreements provides that the rate for S&D services will be redetermined annually. SCE proposes an updated S&D rate of $101.61 per transaction. SCE is requesting an effective date of September 10, 2004. SCE states that copies of the filing were served upon the Public Utilities Commission of the State of California and SCE's jurisdictional customers listed above. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 18. PacifiCorp [Docket No. ER04-1012-000] Take notice that on July 13, 2004, PacifiCorp submitted Revised Appendices A, B, and C to the Amended and Restated Transmission Service and Operating Agreement with Utah Municipal Power Agency

(UMPA)designated as First Revised Sheet Nos. 45 through 49 to PacifiCorp's First Revised FERC Rate Schedule Nos. 279, 289, 290, 291, 292 and 305. In addition, PacifiCorp submitted Notices of Cancellation of Rate Schedule Nos. 287 and 288 terminating the Mother Earth Interconnection Agreements with the City of Provo, Utah and UMPA. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, and UMPA. *Comment Date:* 5 p.m. eastern time on August 3, 2004. 19. Wheelabrator Westchester, L.P. [Docket Nos. ER04-1013-000 and ER98-3030-002] Take notice that on July 12, 2004, Wheelabrator Westchester, L.P. (Westchester) tendered for filing with the Commission

(1)a triennial market power analysis;

(2)a revised market-based rate tariff to incorporate the Market Behavior Rules adopted by the Commission in Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003); and

(3)a Notice of Succession reflecting the fact that on May 25, 2001, Wheelabrator Westchester, L.P. changed its name from Westchester RESCO Co., L.P. Westchester states that it has served a copy of this filing on the Commission's official service list in Docket No. ER04-98-3030. *Comment Date:* 5 p.m. eastern time on August 3, 2004. 20. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-1015-000] Take notice that on July 14, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted an Interconnection and Operating Agreement among Crownbutte Wind Power LLC, the Midwest ISO and Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. designated as Original Service Agreement No. 1398 to Midwest ISO's FERC Electric Tariff, Second Revised Volume No. 1. Midwest ISO requests an effective date of July 8, 2004. Midwest ISO states that a copy of this filing was served on all parties. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 21. Kansas Gas & Electric Company [Docket No. ER04-1016-000] Take notice that on July 14, 2004, Kansas Gas & Electric Company

(KGE)submitted 4th Revised Sheet No. 15 to KGE's Electric Service Tariff No. 93. KGE states that the change is to reflect the amount of transmission capacity requirements required by Westar Energy, Inc., under Service Schedule M to Rate Schedule 93 for the period from June 1, 2004, through May 31, 2005. KGE requests an effective date of June 1, 2004. KGE states that a copy of this filing has been served upon the Kansas Corporation Commission. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 22. San Diego Gas & Electric Company [Docket No. ER04-1017-000] Take notice that on July 14, 2004, San Diego Gas & Electric Company (SDG&E) submitted revisions to its Transmission Owner Tariff, FERC Electric Tariff, Original Volume No. 11 (TO Tariff), to make ministerial changes regarding the term “Reliability Services,” to incorporate and provide for pass through to its customers reallocation of Must Offer Obligation/Minimum Load Compensation Cost related charges from the California Independent System Operator (CAISO), and to seek an interim increase in Reliability Services rates to address unexpected under-collections and anticipated year 2005 forecast increases. SDG&E requests an effective date of July 14, 2004, for the ministerial changes, an effective date as early as July 17, 2004, for the Must Offer Obligation/Minimum Load Compensation Costs related charges, and an effective date of October 1, 2004, for the Reliability Services rates increase. SDG&E states that copies of the filing have been served on the California Public Utilities Commission and the CAISO. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 23. American Electric Power Service Corporation [Docket No. ER04-1018-000] Take notice that on July 14, 2004, American Electric Power Service Corporation (AEPSC) on behalf of Ohio Power Company

(OPC)and Columbus Southern Power Co

(CSP)has submitted

(1)a Facilities, Interconnection, Operations and Maintenance Agreement between OPC and the Village of Woodsfield (Woodsfield) dated February 18, 2004, and

(2)a Facility Construction, Operations, Maintenance and Repair Agreement between OPCo, CSP and American Municipal Power—Ohio (AMP-Ohio) dated April 16, 2004, consisting of a master agreement and four Facility Requests marked as Exhibit A No.1 through Exhibit A No. 4. AEPSC requests an effective date of July 1, 2004. AEPSC states that a copy of the filing was served upon the Parties and the State utility regulatory commission of Ohio. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 24. Florida Power & Light Company [Docket No. ER04-1019-000] Take notice that on July 14, 2004, Florida Power & Light Company

(FPL)submitted 2nd Revised Service Agreement No. 194 to FERC Electric Tariff, 2nd Revised Volume No. 6, the Interconnection & Operation Agreement between FPL and DeSoto County Generating Company, L.L.C. (DeSoto). FLP states that the revisions to Service Agreement No. 194 result from DeSoto's cancellation of its plans for a third generating unit. FPL requests an effective date of September 12, 2004. FPL state that copies of the filing were served upon DeSoto. *Comment Date:* 5 p.m. eastern time on August 4, 2004. 25. California Independent System Operator Corporation [Docket No. ER04-1020-000] Take notice that on July 14, 2004, the California Independent System Operator Corporation

(ISO)submitted an amendment (Amendment No. 2) to revise the Metered Subsystem Aggregator Agreement between the ISO and Northern California Power Agency (NCPA). ISO states the purpose of Amendment No. 2 is to revise section 13.10, section 13.11, and schedule 1 of the agreement to

(1)specify the treatment of Minimum Load Costs and to incorporate ISO Tariff defined terms,

(2)to address the treatment of new elements of the ISO's Grid Management Charge, and

(3)to include the new Silicon Valley Power “Nortech-Northern Receiving Station” Point of Interconnection. The ISO states that this filing has been served on NCPA, the California Public Utilities Commission, and all entities on the official service lists for Docket No. ER02-2321-000 and No. ER03-1119-000. *Comment Date:* 5 p.m. eastern time on August 4, 2004. Standard Paragraph Any person desiring to intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-1651 Filed 7-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF04-10-000] Northwest Pipeline Corporation; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Capacity Replacement Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings July 19, 2004. The staff of the Federal Energy Regulatory Commission (Commission) will prepare an environmental impact statement

(EIS)that will discuss the environmental impacts of Northwest Pipeline Corporation's (Northwest), a Williams Gas Pipeline company, proposed Capacity Replacement Project. This notice explains the scoping process that will be used to gather input from the public and interested agencies on the project. Your input will help us determine which issues need to be evaluated in the EIS. Please note that the scoping period for the project will close on August 18, 2004. Comments may be submitted electronically, in written form, or verbally. In lieu of sending comments, we invite you to attend the public scoping meetings that have been scheduled in the project area. These meetings are scheduled for August 2, 2004, in Arlington, Washington; August 3, 2004, in Redmond, Washington; and August 4, 2004, in Yelm, Washington. Further instructions on how to submit comments and additional details of the public scoping meetings are provided in the public participation section of this notice. The FERC will be the lead Federal agency for the preparation of the EIS. The document will satisfy the requirements of the National Environmental Policy Act (NEPA). The Washington Department of Ecology (Ecology) will be the lead State agency with responsibility for complying with the State Environmental Policy Act

(SEPA)and has agreed to participate as a cooperating agency in the preparation of the EIS. This notice serves as Ecology's Determination of Significance and Request for Comments on the Scope of the EIS. The U.S. Army Corps of Engineers

(COE)has also agreed to participate as a cooperating agency in the preparation of the EIS to satisfy its NEPA responsibilities under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act. It is the goal of the FERC, Ecology, and the COE to avoid duplication of effort and prepare a single EIS that can be used to satisfy their respective NEPA and SEPA responsibilities. With this notice, we 1 are asking other Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the EIS. These agencies may choose to participate once they have evaluated Northwest's proposal relative to their responsibilities. Agencies that would like to request cooperating status should follow the instructions for filing comments described later in this notice. 1 ”We,” “us,” and “our” refer to the environmental staff of the Office of Energy Projects. This notice is being sent to affected landowners; Federal, State, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. We encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. If you are a landowner receiving this notice, you may be contacted by a Northwest representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the FERC, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with Washington state law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need To Know?” is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the FERC's proceedings. Summary of the Proposed Project Northwest proposes to construct approximately 81 miles of new 36-inch-diameter pipeline in four loops 2 located in Whatcom, Skagit, Snohomish, King, Pierce, and Thurston Counties, Washington. The new loops would be adjacent to Northwest's existing 26-inch- and 30-inch-diameter mainlines and primarily within Northwest's existing right-of-way. Mainline block valves and pig 3 launcher/receiver facilities would be installed along the loops. The Capacity Replacement Project would also involve the total net addition of 17,120 horsepower at five existing compressor stations (one each in Whatcom, Skagit, Snohomish, Lewis, and Clark Counties, Washington). A general overview of the major project facilities is shown on figure 1 in appendix 1. 4 2 A loop is a segment of pipeline that is usually installed adjacent to an existing pipeline and connected to it at both ends. The loop allows more gas to be moved through the system. 3 A pig is an internal tool that can be used to clean and dry a pipeline and/or to inspect it for damage or corrosion. 4 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies are available on the Commission's Internet Web site ( *http://www.ferc.gov* ) at the “eLibrary” link or from the Commission's Public Reference Room at

(202)502-8371. For instructions on connecting to eLibrary, refer to the end of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Requests for detailed maps of the proposed facilities should be made directly to Northwest via e-mail at *nwpcapacityreplacement@williams.com* or by calling 1-866-623-4336. The purpose of the project is to replace the delivery capacity of Northwest's existing 26-inch-diameter mainline within a 3-year timeframe established by the U.S. Department of Transportation under a Corrective Action Order. Once the new loops are installed, Northwest would disconnect the entire 26-inch-diameter pipeline and abandon 5 the system in place. 5 In utility law, the term abandonment refers to government authorization for a utility to cease provision of a particular service and/or to shut down a particular facility. The Capacity Replacement Project is scheduled to be in service by November 1, 2006. Northwest is requesting approval to begin compressor station work in March 2006 and pipeline construction in May 2006. The compressor station modifications would take a maximum of 7 months; pipeline construction is estimated to take approximately 5 months. Land Requirements for Construction Construction of Northwest's proposed pipeline facilities would require about 929.6 acres of land, of which 733.9 acres would be within Northwest's existing maintained right-of-way and 195.7 acres would be new temporary disturbance. The typical construction right-of-way for the pipeline would be 95 feet wide, consisting of Northwest's existing 75-foot-wide maintained right-of-way and 20 feet of new temporary workspace. Additional right-of-way width and temporary extra workspace would be required at certain feature crossings and areas requiring topsoil segregation and special construction techniques. The pipeline loops would be generally installed within Northwest's existing 75-foot-wide right-of-way using a standard 20-foot offset from the existing 30-inch-diameter mainline. At certain locations ( *e.g.,* utility and road crossings), variations from this standard offset would be needed. Most variations would still be located within the existing right-of-way but offset at slightly wider or narrower intervals. In some areas, the proposed pipeline would deviate from the existing right-of-way due to topographic or resource/land use constraints. In certain areas where encroachment, development, or other limitations confine available workspace to the existing right-of-way, Northwest would remove the existing 26-inch-diameter mainline and install the new 36-inch-diameter pipeline loop in the same ditch. Northwest currently retains a 75-foot-wide permanent right-of-way for the majority of its existing pipelines. Because the majority of the new pipeline loops would be installed within the existing 75-foot-wide right-of-way, no additional permanent right-of-way would be required. However, in some locations, Northwest retains only a 60-foot-wide permanent right-of-way. In these areas, Northwest may request additional operational right-of-way to bring the easement up to 75 feet if space is available and the landowner is willing to expand the easement. If the proposed pipeline loop would deviate from the existing right-of-way, Northwest would typically retain a 75-foot-wide new permanent right-of-way (37.5 feet on either side of the pipeline). The modifications to the existing compressor stations would be constructed within the existing facility sites, except for a 1.6-acre extra workspace that would be temporarily needed at the Sumas Compressor Station and a 1.0-acre extra workspace that would be temporarily needed at the Chehalis Compressor Station. Mainline block valves would be installed within the permanent right-of-way at the beginning and end points of each loop and at intermediate locations as necessary. The majority of the proposed mainline valves would be collocated with existing mainline valves and other aboveground facilities. Pig launchers and receivers would be installed within the permanent right-of-way at the beginning and end points of each loop. The majority of the proposed pig launchers and receivers would be collocated with existing aboveground facilities. The EIS Process NEPA requires the FERC to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. Ecology, as the lead State agency, is required to consider the same potential impacts under SEPA. The EIS we are preparing will give both the FERC and Ecology the information needed to do that. Although no formal application has been filed, we have already initiated our NEPA review under the FERC's NEPA Pre-Filing Process. The purpose of the Pre-Filing Process is to encourage the early involvement of interested stakeholders and to identify and resolve issues before an application is filed with the FERC. Ecology has agreed to conduct its SEPA review in conjunction with the NEPA Pre-Filing Process. A diagram depicting the environmental review process for the project is attached to this notice as appendix 2. As part of our NEPA Pre-Filing Process review, representatives from the FERC participated in public open houses sponsored by Northwest in the project area on June 28-30 and July 12-15, 2004, to explain the environmental review process to interested stakeholders and take comments about the project. On July 1, 2004, the FERC staff conducted an interagency scoping meeting in the project area to solicit comments and concerns about the project from jurisdictional agencies. Agencies present at the meeting included the COE, NOAA Fisheries, Fort Lewis Army Base, Ecology, the Washington Department of Fish and Wildlife, the Washington Department of Natural Resources, and the Washington Utilities and Transportation Commission. The Lummi Nation was also represented. By this notice, we are formally announcing our preparation of the EIS and requesting additional agency and public comments to help us focus the analysis in the EIS on the potentially significant environmental issues related to the proposed action. If you provided comments at the interagency scoping meeting discussed above, you do not need to resubmit the same comments. Our independent analysis of the issues will be included in a draft EIS. The draft EIS will be mailed to Federal, State, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; affected landowners; other interested parties; local libraries and newspapers; and the FERC's official service list for this proceeding. A 45-day comment period will be allotted for review of the draft EIS. We will consider all timely comments on the draft EIS and revise the document, as necessary, before issuing a final EIS. Currently Identified Environmental Issues The EIS will discuss impacts that could occur as a result of the construction and operation of the proposed project. We have already identified a number of issues and alternatives that we think deserve attention based on a preliminary review of the proposed facilities, the environmental information provided by Northwest, and the scoping comments received to date. This preliminary list of issues and alternatives may be changed based on your comments and our additional analysis. • Geology and Soils: —Assessment of potential geological hazards. —Erosion and sedimentation control. —Right-of-way restoration. • Water Resources: —Impact on groundwater and surface water supplies. —Impact on wetland hydrology and assessment of wetland mitigation options. —Effect of pipeline crossings on perennial and intermittent waterbodies. —Assessment of special measures for the crossing of Saar Creek, North Fork Nooksack River, Pilchuck Creek, North Fork Stillaguamish River, South Fork Stillaguamish River, and the Nisqually River. —Assessment of contingency plans for frac-outs associated with horizontal directional drills. —Assessment of alternative waterbody crossing methods. —Effect of streambottom scour on the new and existing pipelines. —Assessment of hydrostatic test water sources and discharge locations. • Fish, Wildlife, and Vegetation: —Effect on coldwater and sensitive fisheries. —Effect on wildlife resources and their habitat. —Effect on migratory birds. —Assessment of construction time window restrictions. —Effect on riparian vegetation. —Assessment of measures to successfully revegetate the right-of-way. • Special Status Species: —Potential effect on federally listed or proposed species (including the northern spotted owl). —Assessment of mitigation for impacts on the northern spotted owl and its designated critical habitat. —Potential effect on State-listed sensitive species. • Cultural Resources: —Assessment of survey methodologies. —Effect on historic and prehistoric sites. —Native American and tribal concerns, including impacts on traditional cultural properties and fishing rights. • Land Use, Recreation and Special Interest Areas, and Visual Resources: —Impacts on 16.4 miles of agricultural land. —Impacts on approximately 182 residences within 50 feet of the construction work area. —Impacts on Fort Lewis. —Evaluation of the project's consistency with regional and local land use management plans, policies, and ordinances, including the Shoreline Management Act and Shoreline Master Programs. —Impacts associated with contaminated sites. —Visual impacts. • Socioeconomics: —Effects on transportation and traffic. —Effects of construction workforce demands on public services and temporary housing. • Air Quality and Noise: —Effects on local air quality and noise environment from construction and operation of the proposed facilities. • Reliability and Safety: —Assessment of hazards associated with natural gas pipelines. • Alternatives: —Assessment of the potential to add compression to eliminate or minimize pipeline construction. —Assessment of the potential to change the locations of the pipeline loops to lessen or avoid impacts on residences and various resource and special interest areas. —Identification of route variations and/or non-standard parallel offsets to lessen or avoid impacts. —Assessment of returning the existing 26-inch-diameter pipeline to permanent service to eliminate or minimize new pipeline construction. —Evaluation of removing the 26-inch-diameter pipeline and installing the 36-inch-diameter pipeline loops in the same ditch for the entire project. • Cumulative Impact: —Assessment of the effect of the proposed project when combined with other past, present, or future actions in the same region. Public Participation You can make a difference by providing us with your specific comments or concerns about Northwest's proposal. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. To expedite our receipt and consideration of your comments, the Commission strongly encourages electronic submission of any comments on this project. *See* title 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “eFiling” link and the link to the User's Guide. Before you can submit comments you will need to create a free account by clicking on “Sign-up” under “New User.” You will be asked to select the type of submission you are making. This type of submission is considered a “Comment on Filing.” Your comments must be submitted electronically by August 18, 2004. If you wish to mail comments, please mail your comments so that they will be received in Washington, DC on or before August 18, 2004, and carefully follow these instructions: Send an original and two copies of your letter to: • Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426; • Label one copy of your comments for the attention of the Gas Branch 2, DG2E; and • Reference Docket No. PF04-10-000 on the original and both copies. The public scoping meetings, which will be joint NEPA/SEPA scoping meetings, are designed to provide another opportunity to offer comments on the proposed project. Interested groups and individuals are encouraged to attend the meetings and to present comments on the environmental issues they believe should be addressed in the EIS. A transcript of the meetings will be generated so that your comments will be accurately recorded. All meetings will begin at 7 p.m. (p.s.t.), and are scheduled as follows: Date Location Monday, August 2, 2004 Hawthorn Inn & Suites, 16710 Smokey Point Blvd., Arlington, WA 98223;

(360)657-0500. Tuesday, August 3, 2004 Marriott Redmond Town Center, 7401 164th Avenue, NE., Redmond, WA 98052;

(425)498-4120. Wednesday, August 4, 2004 Prairie Hotel, 700 Prairie Park Lane, Yelm, WA 98597;

(360)458-8300. Everyone who responds to this notice or provides comments throughout the EIS process will be retained on our mailing list. If you do not want to send comments at this time but still want to stay informed and receive copies of the draft and final EISs, you must return the Mailing List Retention Form (appendix 3). If you do not send comments or return the Mailing List Retention Form asking to remain on the mailing list, you will be taken off the mailing list. Once Northwest formally files its application with the Commission, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in a Commission proceeding by filing a request to intervene. Instructions for becoming an intervenor are included in the User's Guide under the “eFiling” link on the Commission's Web site. Please note that you may not request intervenor status at this time. You must wait until a formal application is filed with the Commission. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding that would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Availability of Additional Information Additional information about the project is available from the Commission's Office of External Affairs at 1-866-208 FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the “eLibrary” link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field ( *i.e.* , PFO4-10). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *http://www.FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8659. The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. In addition, the FERC now offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . Finally, Northwest has established an Internet Web site for its project at *http://www.williams.com/williamsinwashington/* . The Web site includes a description of the project and an overview map of the proposed loops. Northwest will continue to update its Web site with information about the project. Magalie R. Salas, Secretary. [FR Doc. E4-1649 Filed 7-23-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7792-2] Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation, and Liability Act AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. SUMMARY: The U.S. Environmental Protection Agency is proposing to enter into a *de minimis* settlement pursuant to section 122(g)(4) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9622(g)(4). This proposed settlement is intended to resolve the liabilities under CERCLA of twenty-six

(26)*de minimis* parties for response costs incurred and to be incurred at the Malvern TCE Superfund Site, East Whiteland and Charlestown Townships, Chester County, Pennsylvania. DATES: Comments must be provided on or before August 25, 2004. ADDRESSES: Comments should be addressed to Suzanne Canning, Docket Clerk, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029, and should refer to the Malvern TCE Superfund Site, East Whiteland Township, Chester County, Pennsylvania. FOR FURTHER INFORMATION CONTACT: Joan A. Johnson (3RC41), 215/814-2619, U.S. Environmental Protection Agency, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. SUPPLEMENTARY INFORMATION: Notice of *de minimis* settlement: In accordance with section 122(i)(1) of CERCLA, 42 U.S.C. 122(i)(1), notice is hereby given of a proposed administrative settlement concerning the Malvern TCE Superfund Site, in East Whiteland and Charlestown Townships, Chester County, Pennsylvania. The administrative settlement is subject to review by the public pursuant to this Notice. The proposed agreement has been reviewed and approved by the United States Department of Justice. The following *de minimis* parties have executed signature pages, consenting to participate in this settlement: Allister Manufacturing Corporation/C.P. Allstar Corporation/Relm Wireless Corporation; Athena Controls, Inc.; Ametek, Inc.; Airline Hydraulics Corporation; BFI Waste Service of Pennsylvania, LLC/BFI Waste Systems of North America, Inc./Browning-Ferris Industries a/k/a Allied Waste; Camdel Metals Corporation; Carvel Hall, Inc./Syratech Corporation/CHI International, Inc./Towle Manufacturing Company; CK Systematics Inc./Systematics, Inc.; E. Frank Hopkins Company, Inc.; Fabric Development, Inc.; Fergusson-McKenna Supply, Inc.; Fraser-Volpe Corporation; Gulf & Western Industries, Inc./Collins & Aikman Products Co./Heartland Industrial Partners, L.P.; High Energy Corporation; Kosempel Manufacturing Company; Leeds & Northrup Company/SPX Corporation; Matheson Instruments, Inc./Matheson Tri-Gas, Inc.; Model Finishing Company, Inc.; Narco Avionics, Inc.; Oxford Metal Products Co., Inc.; Philco-Ford Corporation/Loral Space & Communications, Ltd./Space Systems/Loral, Inc./Ford Motor Company, Inc.; Princo Instruments, Inc.; Prodelin, Inc./ M/A-COM, Inc.; Sermetal, Inc./Sermetech International Incorporated/Teleflex Incorporated; Solid State Scientific, Inc./American Financial Group, Inc.; Xynatech Inc., (NM Corp)/Xynatech Inc., (PA Corp)/National Metalcrafters (PA Corp)/Xynatech Manufacturing (PA Corp). The twenty-six

(26)settling parties collectively have agreed to pay $996,210.00 to the Hazardous Substances Trust Fund subject to the contingency that EPA may elect not to complete the settlement if comments received from the public during this comment period disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate. Monies collected from the *de minimis* parties will be applied towards past and future response costs incurred by EPA or PRPs performing work at or in connection with the Site. The settlement includes a premium payment equal to either 125% or 225% of the estimated future response costs incurred in connection with the Site, to be assessed as follows: 125% assessed for those parties that have not received a prior *de minimis* settlement offer from EPA; and 225% for those parties that received a prior settlement offer from EPA but declined to participate in a prior settlement. The additional premium assessed for those parties that received a prior settlement offer from EPA but declined to participate in a prior settlement, was intended to mitigate any financial gain the parties might have obtained by not participating in the first settlement. The settlement also includes a reservation of rights by EPA, pursuant to which EPA reserves its rights to seek recovery from the settling *de minimis* parties of response costs incurred by EPA in connection with the Site to the extent such costs exceed $31.2 million. EPA is entering into this agreement under the authority of section 122(g) of CERCLA, 42 U.S.C. 9622(g). Section 122(g) authorizes early settlements with *de minimis* parties to allow them to resolve their liabilities at Superfund Sites without incurring substantial transaction costs. Under this authority, EPA proposes to settle with potentially responsible parties in connection with the Malvern TCE Superfund Site, each of whom is responsible for .75 percent or less of the volume of hazardous substance sent to the Site. As part of this *de minimis* settlement, EPA will grant the twenty-five settling *de minimis* parties a covenant not to sue or take administrative action against any of the twenty-five settling PRPs for reimbursement of response costs or injunctive relief pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, or for injunctive relief pursuant to section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973, with regard to the Site. EPA initially issued this settlement offer to the *de minimis* parties on August 18, 2003. This offer was subsequently revised and reissued on October 20, 2003. The Environmental Protection Agency will receive written comments relating to this settlement for thirty

(30)days from the date of publication of this notice. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. Commenters may request an opportunity for a public meeting in the affected area in accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d). A copy of the proposed Administrative Order on Consent can be obtained from Joan A. Johnson, U.S. Environmental Protection Agency, Region III, Office of Regional Counsel, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029, or by contacting Joan A. Johnson at

(215)814-2619. Dated: July 19, 2004. Richard J. Kampf, Acting Regional Administrator, Region III. [FR Doc. 04-16945 Filed 7-23-04; 8:45 am]

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