Notices. Notice

3,998 words·~18 min read·/register/2004/08/24/04-19342·

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BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG04-94-000, et al.] PSEG Generation y Energia Chile Limitada, et al.; Electric Rate and Corporate Filings August 17, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. PSEG Generacion y Energia Chile Limitada [Docket No. EG04-94-000] Take notice that on August 12, 2004, PSEG Generacion y Energia Chile Limitada (PSEG Generacion) filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations.

PSEG Generacion states that it is a company organized under the laws of Chile. PSEG Generacion states that it will be engaged, directly or indirectly through an affiliate, exclusively in owning and/or operating certain diesel generation sets with a total output of approximately 29.5 megawatts. PSEG Generacion states that it will sell electric energy at wholesale from these facilities, with retail sales, if any, to customers in Chile. PSEG Generacion states that a copy of this application has been served on the Secretary of the Securities and Exchange Commission and the Secretary of the New Jersey Board of Public Utilities, the only affected State Commission. *Comment Date:* 5 p.m. eastern time on September 2, 2004. 2.

Duke Power, a division of Duke Energy Corporation [Docket No. ER96-110-010] Take notice that, on August 11, 2004, Duke Power, a division of Duke Energy Corporation, (Duke Power) submitted a compliance filing pursuant to the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). Duke Power states that the filing is an update to the triennial market power analysis previously submitted in this proceeding and complies with the Commission's new policies on such analyses.

Duke Power states that copies of the filing were served on parties on the official service list in the above-captioned proceeding as well as its State commissions. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 3. Public Service Company of New Mexico [Docket Nos. ER96-1551-007 and ER01-615-004] Take notice that on August 11, 2004, Public Service Company of New Mexico

(PNM)tendered for filing a revised generation market power study, in compliance with the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). PNM also submitted a notification of a change in status as a result of its proposed acquisition of TNP Enterprises Inc. PNM states that copies of the filing were served on parties on the official service lists in the above-captioned proceedings. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 4. Duke Energy Morro Bay LLC,Duke Energy Moss Landing LLC,Duke Energy Oakland LLC,Duke Energy South Bay LLC [Docket Nos. ER98-2681-007,ER98-2680-007, ER98-2682-007, ER99-1785-006] Take notice that, on August 11, 2004, Duke Energy Morro Bay LLC, Duke Energy Moss Landing LLC, Duke Energy Oakland LLC and Duke Energy South Bay LLC (collectively, the Duke California Companies) submitted a compliance filing pursuant to the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). Acadia Power Partners LLC, 107 FERC ¶ 61,168 (2004). Duke California Companies state 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 September 1, 2004. 5. Bridgeport Energy, LLC [Docket No. ER98-2783-006] Take notice that on August 11, 2004, Bridgeport Energy, LLC (Bridgeport Energy) submitted a compliance filing, its triennial market power report, pursuant to the Commission's order issued June 24, 1998 in Docket No. ER98-2783-000, 83 FERC ¶ 61,307 (1998). Bridgeport Energy 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 September 1, 2004. 6. Consumers Energy Company [Docket No. ER98-4421-003] Take notice that on August 11, 2004, Consumers Energy Company (Consumers) submitted a compliance filing pursuant to the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). Consumers states that the filing is a revised generation market analysis. Consumers state that a copy of the filing was served upon the Michigan Public Service Commission and those on the official service list in Docket No. ER98-4221. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 7. Puget Sound Energy, Inc. [Docket No. ER99-845-004] Take notice that on August 11, 2004, Puget Sound Energy, Inc. (Puget) filed with the Commission a revised generation market power analysis pursuant to the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). *Comment Date:* 5 p.m. eastern time on September 1, 2004. 8. Kansas City Power and Light Company. Great Plains Power, Inc [Docket Nos. ER99-1005-002 and ER02-725-003] Take notice that, on August 11, 2004, Kansas City Power and Light Company,

(KCPL)on behalf of itself and Great Plains Power Inc., submitted a compliance filing pursuant to the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). KCPL also filed updated Tariff Sheets to reflect the language of the Commission's new Market Behavior Rules adopted by the Commission on November 17, 2003 in 105 FERC ¶ 61,218 (2003). *Comment Date:* 5 p.m. eastern time on September 1, 2004. 9. El Paso Electric Company [Docket No. ER99-2416-002] Take notice that on August 11, 2004, El Paso Electric Company

(EPE)submitted a compliance filing pursuant to the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). EPE states that the filing is its revised market-based rate tariff three-year update filing. EPE states that copies of the filing were served upon the customers under its Tariff, the New Mexico Public Regulation Commission and the Public Utility Commission of Texas. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 10. Pinnacle West Capital Corporation, Arizona Public Service Company,Pinnacle West Energy Corporation, APS Energy Services Company, Inc [Docket Nos. ER00-2268-005,ER99-4124-003, ER00-3312-004, ER99-4122-006] Take notice that on August 11, 2004, Pinnacle West Capital Corporation (PWCC), Arizona Public Service Company, Pinnacle West Energy Corporation and APS Energy Services Company, Inc. (collectively, the Pinnacle West Companies), submitted a compliance filing pursuant to the Commission's order issued May 13, 2004 in Docket No. ER02-1406-001, *et al.* , *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). The Pinnacle West Companies state that the filing is an amendment to their three-year market-based rate review. The Pinnacle West Companies also submitted revisions to their market-based rate tariffs to include the Market Behavior Rules adopted by the Commission in the order issued November 17, 2003 in Docket No. EL01-118. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 11. Volunteer Energy Services, Inc. [Docket No. ER04-937-002] Take notice that on August 11, 2004 Volunteer Energy Services, Inc.

(VESI)submitted an amendment to its June 17, 1004 filing, as previously amended on July 19, 2004, for acceptance of an initial rate schedule, and approval of waivers and blanket authority. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 12. Pythagoras Global Investors L.P. [Docket No. ER04-1113-000] Take notice that on August 11, 2004, Pythagoras Global Investors L.P. (Pythagoras) petitioned the Commission for acceptance of its proposed FERC Rate Schedule No. 1 for market-based rates; approval of requests for waiver of certain requirements under subparts B and C of part 35 of the regulations, and the granting of blanket approvals normally accorded sellers permitted to sell at market-based rates. Pythagoras requests an effective date of October 1, 2004. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 13. ISO New England Inc., et al., Bangor Hydro-Electric Company, et al., The Consumers of New England v. New England Power Pool [Docket Nos. RT04-2-003, ER04-116-003, ER04-157-007 and EL01-39-003] Take notice that on August 11, 2004, ISO New England Inc and the New England Transmission Owners

(ISO)submitted a report in compliance with the Commission's March 24, 2004 in Docket No. RT04-2-000, *et al.* , 106 FERC ¶ 61,280 (2004). ISO states that copies of the filing have been served upon all parties to this proceeding, upon all NEPOOL Participants (electronically), non-Participant Transmission Customers, and the governors and regulatory agencies of the six New England states. *Comment Date:* 5 p.m. eastern time on September 1, 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1882 Filed 8-23-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-122-000, et al.] PPL University Park, LLC, et al.; Electric Rate and Corporate Filings August 16, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. PPL University Park, LLC Complainant v. Commonwealth Edison Company Respondent [Docket No. EL04-122-000] Take notice that on August 13, 2004, PPL University Park, LLC (PPL University Park) filed a formal complaint against Commonwealth Edison Company (ComEd) pursuant to 16 U.S.C. 824e and Rule 206 of the Rules of Practice and Procedure of the Commission, 18 CFR 385.206 (2003), requesting that the Commission find certain terms and conditions of the Interconnection Agreement Between Commonwealth Edison Company and Large Scale Distributed Generation II Statutory Trust, PPL Large Scale Distributed Generation II, LLC and PPL University Park, LLC, dated July 31, 2001, to be inconsistent with Commission policy and thus unjust, unreasonable, and unduly discriminatory in failing to provide PPL University Park reimbursement for upgrades to the ComEd system paid for by PPL University Park. PPL University Park states that it certifies that copies of the compliant were served on the contacts for ComEd as listed on the Commission's list of Corporate Officials. *Comment Date:* 5 p.m. eastern time on September 2, 2004. 2. Duke Energy Marketing America, LLC [Docket No. ER03-956-002] Take notice that, on August 11, 2004, Duke Energy Marketing America, LLC (DEMA), formerly known as Duke Energy Power Marketing, LLC, submitted its triennial market power update. DEMA 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 24, 2004. 3. California Independent System Operator Corporation [Docket No. ER04-835-002] Take notice that on August 10, 2004, the California Independent System Operator Corporation

(ISO)submitted a filing in compliance with the Commission's order on Tariff Amendment No. 60, issued July 8, 2004 in Docket No. ER04-835-000, 108 FERC ¶ 61,022. ISO states that this filing has been served upon all parties on the official service list for the captioned docket. In addition, the ISO states that it has posted this filing on the ISO Home Page. *Comment Date:* 5 p.m. eastern time on August 31, 2004. 4. Lakewood Cogeneration, L.P. [Docket No. ER04-989-001 Take notice that on August 10, 2004, Lakewood Cogeneration, L.P. (Lakewood) submitted for filing an amendment to its June 23, 2004 filing in Docket No. ER04-989-000. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 5. Consolidated Edison Energy Massachusetts, Inc. [Docket No. ER04-990-001] Take notice that on August 10, 2004, Consolidated Edison Energy Massachusetts, Inc. (CEEMI) submitted an amendment to its June 23, 2004 filing in Docket No. ER04-990-000. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 6. Newington Energy, L.L.C. [Docket No. ER04-991-000] Take notice that on August 10, 2004, Newington Energy, L.L.C. (Newington) submitted for filing an amendment to its June 23, 2004 filing in Docket No. ER04-991-000. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 7. PPL University Park, LLC [Docket No. ER04-1111-000] Take notice that on August 11, 2004, PPL University Park, LLC (PPL University Park) submitted revisions to its FERC Electric Tariff, Original Volume No. 1 (Tariff), to amend its Tariff to list each of the ancillary service markets that PJM, NYISO and ISO-NE respectively operate; to include specific reference to resale of Financial Transmission Rights and similar congestion rights in the Tariff in accordance with Commission-approved procedures; and to make certain minor non-substantive conforming edits to the Tariff. PPL University states that copies of the filing were served upon PJM Interconnection, L.L.C., New York Independent System Operator, Inc. and ISO New England, Inc. *Comment Date:* 5 p.m. eastern time on September 1, 2004. 8. New England Power Pool [Docket Nos. OA97-237-017; ER97-1079-008; ER97-3574-007; OA97-608-007; ER97-4421-007; and ER98-499-006] Take notice that on July 30, 2004, an informational filing was made by the New England Power Pool (NEPOOL) Participants Committee relating to rate surcharges determined in accordance with formula rates of the Restated NEPOOL Open Access Transmission Tariff. NEPOOL Participants Committee states that these materials describe the transmission charges that are in effect for the twelve month period commencing June 1, 2004 (the 2004/2005 NEPOOL Rate Year). NEPOOL Participants Committee states that copies of these materials were sent to the NEPOOL Participants and the New England state governors and regulatory commissions. *Comment Date:* 5 p.m. eastern time on August 24, 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 email 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. Linda Mitry, Acting Secretary. [FR Doc. E4-1883 Filed 8-23-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OECA-2004-0009; FRL-7804-8] Agency Information Collection Activities; Submission for OMB Review and Approval: Comment Request; NSPS for Incinerators (40 CFR Part 60, Subpart E) (Renewal), ICR Number 1058.08, OMB Number 2060-0040 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act, this document announces that an Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2004. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before September 23, 2004. ADDRESSES: Submit your comments, referencing docket ID number OECA-2004-0009, to

(1)EPA online using EDOCKET (our preferred method), by e-mail to *docket.oeca@epa.gov,* or by mail to: Environmental Protection Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket and Information Center, EPA West, Mail Code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and

(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division (Mail Code 2223A), Office of Compliance, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)564-4113; fax number:

(202)564-0050; e-mail address: *williams.learia@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On May 25, 2004 (69 FR 29718), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID Number OECA-2004-0009, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is:

(202)566-1752. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov/edocket.* *Title:* NSPS for Incinerators (40 CFR part 60, subpart E) (Renewal). *Abstract:* The New Source Performance Standards

(NSPS)for Incinerators were promulgated on December 23, 1971 (36 FR 24877). These standards apply to incinerators that charge more than 45 metric tons per day rate (50 tons per day) of solid waste, for the purpose of reducing the volume of the waste after promulgation of NSPS subpart E in 1971. Solid waste is defined as refuse that is more than 50 percent municipal type wastes. This information is being collected to assure compliance with 40 CFR part 60 subpart E. Owners or operators of the affected facilities described must make one-time-only notifications including:

(1)Notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate;

(2)notification of the initial performance test, including information necessary to determine the conditions of the performance test; and

(3)performance test measurements and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to NSPS subpart E provide information on daily charging rates and hours of operation. The control of emissions of particulate matter from municipal incinerators requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Certain records and reports are necessary to enable the Administrator to:

(1)Identify existing, new, and reconstructed sources subject to the standards;

(2)determine a source's initial capability to comply with the emission standard; and

(3)ensure that the standards are being achieved. Affected facilities must also submit semiannual reports. These records and reports are required under subpart E and the General Provisions of 40 CFR part 60. Owners or operators of affected facilities must provide certain notifications and reports on startup and initial performance. Owners or operators of affected facilities also must record certain operation and maintenance activities and retain files with this information for at least two years following the date of such measurements, maintenance reports, and records. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 51 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Owners/operators of incinerators. *Estimated Number of Respondents:* 82. *Frequency of Response:* Initially. *Estimated Total Annual Hour Burden:* 8,393 hours. *Estimated Total Annual Costs:* $735,926, which includes $0 annualized capital/startup costs, $205,000 annual O&M costs, and $530,926 annual labor costs. *Changes in the Estimates:* There is a decrease of 151 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease in the hourly burden from the most recently approved ICR is due in part to a decrease in the number of sources. Dated: August 11, 2004. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 04-19342 Filed 8-23-04; 8:45 am]

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