Notices. DEPARTMENT OF ENERGY

7,246 words·~33 min read·/register/2004/09/30/04-22016·

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

BILLING CODE 3710-19-M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. TS04-161-000, TS04-135-000, and TS04-210-000] Gulfstream Natural Gas System, L.L.C.; Chandeleur Pipe Line Company; Sabine Pipe Line LLC; Notice of Extension of Time September 23, 2004. Gulfstream Natural Gas System, L.L.C. (Gulfstream), Chandeleur Pipe Line Company (Chandeleur), and Sabine Pipe Line LLC (Sabine) (together, Movants) filed respective motions for an extension of time to comply with section 358.4 of the Commission's regulations, 18 CFR 358.4(e)(5), that requires employees to attend training on the Standards of Conduct for Transmission Providers, as directed by Commission Order No. 2004-B.

In their motions, Movants state that training that had been scheduled was postponed due to the complications and aftermath of Hurricane Frances and the potential threat presented by Hurricane Ivan. The requests also state that more time will allow the Movants to manage these storm related activities and take the necessary actions to be in compliance with Order No. 2004 and part 358. Upon consideration, notice is hereby given that Gulfstream, Chandeleur, and Sabine are granted an extension of time to and including October 31, 2004, to comply with the requirements of Commission Order No. 2004.

Magalie R. Salas, Secretary. [FR Doc. E4-2420 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP02-90-003 and CP02-93-002] AES Ocean Express LLC; Notice of Amendments to Certificate of Public Convenience and Necessity, Section 3 Authorization and Presidential Permit September 23 2004. Take notice that on September 9, 2004, as supplemented on September 15, 2004, and September 20, 2004, AES Ocean Express LLC (Ocean Express), Two Alhambra Plaza, Suite 1104, Coral Gables, Florida, 33134, filed in Docket No.

CP02-90-003 an application to amend the certificate of public convenience and necessity that the Commission issued on January 29, 2004, in Docket Nos. CP02-90, *et al.* Ocean Express also filed in Docket No. CP02-93-002, an application to amend the Presidential Permit and Section 3 authorization that the Commission issued on January 29, 2004. Ocean Express's proposed amendments reflect the incorporation of tunnel construction methodology for the nearshore portion of its pipeline, as well as certain other design changes, for its natural gas pipeline between the United States and The Bahamas.

Ocean Express explains that the use of the tunnel construction methodology would allow it to construct the nearshore portion of its pipeline using an estimated 14,000 foot by 13 feet—7inch diameter earth-pressure balance tunnel, with certain minor route changes to accommodate the methodology, as opposed to the horizontal directional drills that the Commission has already approved. Ocean Express also proposes to increase the pipeline diameter from 24 inches to 26 inches and internally coat the pipeline, to allow for increased hourly flow rates.

Ocean Express states that it is not proposing to increase the certificated capacity (842,000 Dth/day) of its pipeline. Additionally, Ocean Express proposes to install a pressure reducing station inside the tunnel to reduce the onshore Maximum Allowable Operating Pressure

(MAOP)to 1480 psig or less, from the certificated MAOP of 2200 psig. Ocean Express proposes to amend the Presidential Permit and Section 3 authorization for the natural gas facilities at the Exclusive Economic Zone boundary between the United States and The Bahamas to increase the size of the pipe from 24 inches to 26 inches. Ocean Express requests a Commission decision on its amendment applications no later than November 30, 2004. The amendments are on file with the Commission and open to public inspection. The filings may be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

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

(202)502-8659. Any questions regarding the amendment may be directed to Julie Romaniw, AES Ocean Express LLC, Two Alhambra Plaza, Suite 1104, Coral Gables, FL 33134,

(305)444-4002. Any person who was a party to Ocean Express's proceeding in Docket No. CP02-90, *et al.* , is automatically a party to Ocean Express's proceeding as amended by Docket Nos. CP02-90-003 and CP02-93-002. Otherwise, there are two ways to become involved in the Commission's review of this amendment. First, any person wishing to obtain legal status by becoming a party to the proceedings for this amendment should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10) by the comment date, below. A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered concerning the amendment. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this amendment. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the amendment provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this amendment should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Motions to intervene, protests and 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:* October 13, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2442 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-554-001] Algonquin Gas Transmission, LLC; Notice Of Proposed Changes In FERC Gas Tariff September 23, 2004. Take notice that on September 16, 2004, Algonquin Gas Transmission, LLC (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Substitute First Revised Sheet No. 37, to become effective October 1, 2004. The purpose of this filing is to correct a typographical error in Algonquin's August 31, 2004, filing in this docket, which reflected the fiscal year 2004 Annual Charge Adjustment

(ACA)unit charge of $0.0019 per Dth included in the Gas Program Cost Analysis in accordance with section 154.402(a) of the Commission's regulations, as noticed by the Commission on August 6, 2004. Algonquin states that copies of the filing were served upon all affected customers of Algonquin and interested state commissions, as well as on all parties on the Commission's official service list in this proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, D.C. 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. Magalie R. Salas, Secretary. [FR Doc. E4-2434 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-600-000] Colorado Interstate Gas Company; Notice of Proposed Changes in FERC Gas Tariff September 23, 2004. Take notice that on September 17, 2004, Colorado Interstate Gas Company

(CIG)tendered for filing as part of its FERC Gas Tariff, First Revised Volume No 1, the following tariff sheets to become effective October 18, 2004: Ninth Revised Sheet No. 225 Sixth Revised Sheet No. 276 Second Revised Sheet No. 348 Fifth Revised Sheet No. 359 CIG states that these tariff sheets are filed to revise references to marketing affiliates, electronic bulletin board

(EBB)posting requirements, and discounting procedures in conformance with the Commission's Order No. 2004. CIG states that copies of its filing have been sent to all firm customers, interruptible customers, and affected State commissions. 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 in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not 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. E4-2441 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-599-000] Destin Pipeline Company, L.L.C.; Notice of Proposed Changes in FERC Gas Tariff September 23, 2004. Take notice that on September 15, 2004, Destin Pipeline Company, L.L.C. (Destin) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following revised tariff sheets proposed to become effective October 15, 2004: Second Revised Sheet No. 1 Third Revised Sheet No. 33 Fourth Revised Sheet No. 123 Destin states that this filing, made in accordance with the provisions of Section 154.204 of the Federal Energy Regulatory Commission's (Commission) regulations, is to make minor conforming changes to its Tariff to implement the requirements of Order No. 2004, and the Standards of Conduct regulations pursuant to part 358 of the Commission's regulations, 18 CFR part 358. A copy of this filing is available for public inspection during regular business hours at Destin's offices at 200 WestLake Park Boulevard, Houston, Texas 77079-2696. In addition, copies of this filing are being served on all affected shippers and applicable state regulatory agencies. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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. E4-2440 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-362-001] East Tennessee Natural Gas, LLC; Notice of Proposed Changes in FERC Gas Tariff September 23, 2004. Take notice that on September 16, 2004, East Tennessee Natural Gas, LLC (East Tennessee) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the tariff sheets listed in Appendix A of the filing, to become effective July 1, 2004 and August 1, 2004. East Tennessee states that the purpose of this filing is to reflect changes in tariff sheets that were pending before the Commission at the time East Tennessee filed on July 1, 2004, and to reflect its corporate name change. East Tennessee states that copies of this filing have been served upon all affected customers of East Tennessee and interested state commissions, as well as all parties on the Commission's official service list in this proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “e-Filing” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest 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. Magalie R. Salas Secretary. [FR Doc. E4-2431 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-594-000] Eastern Shore Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff September 23, 2004. Take notice that Eastern Shore Natural Gas Company

(ESNG)tendered for filing on September 14, 2004, certain revised tariff sheets in the above captioned docket as part of its FERC Gas Tariff, Second Revised Volume No. 1, with a proposed effective date of October 1, 2004. ESNG states that the purpose of this filing is to track rate changes attributable to a storage service purchased from Columbia Gas Transmission Corporation (Columbia) under their Rate Schedules FSS and SST. ESNG states that copies of the filing have been served upon its jurisdictional customers and interested state commissions. 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 in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not 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. E4-2438 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Proposed Changes in FERC Gas Tariff September 23, 2004. Garden Banks Gas Pipeline, LLC—Docket No. RP04-592-000 Mississippi Canyon Gas Pipeline, LLC—Docket No. RP04-595-000 Nautilus Pipeline Company, LLC—Docket No. RP04-596-000 Stingray Pipeline Company, LLC—Docket No. RP04-597-000 Take notice that the above-referenced pipelines tendered for filing their tariff sheets pursuant to Section 154.402 of the Commission's Regulations to reflect the Commission's change in the unit rate for the Annual Charge Adjustment

(ACA)surcharge to applied to rates for recovery of 2004 Annual Charges pursuant to Order No. 472, in Docket No. RM87-3-000. The proposed effective date of the tariff sheets is October 1, 2004. The above-referenced pipelines state that the purpose of their filings is to reflect the revised ACA effective for the twelve-month period beginning October 1, 2004. The pipelines state that their tariff sheets reflect a decrease of $.00021 per Dth in the ACA adjustment surcharge, resulting in a new ACA rate of $.0019 Dth as specified by the Commission in its invoice dated July 30, 2004, for the Annual Charge Billing—Fiscal Year 2004. 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 date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. Anyone filing an intervention or protest must file a separate motion to intervene or protest in each docket. 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. *Intervention and Protest Date* : 5 p.m. Eastern Time on September 30, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2436 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-593-000] Gas Transmission Northwest Corporation; Notice of Proposed Changes in FERC Gas Tariff September 23, 2004. Take notice that on September 14, 2004, Gas Transmission Northwest Corporation

(GTN)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1-A, the following tariff sheets, to become effective October 15, 2004: Third Revised Sheet No. 100 Second Revised Sheet No. 101 First Revised Sheet No. 170 Second Revised Sheet No. 217 GTN states that these tariff sheets are being submitted to remove marketing affiliate references contained in GTN's Tariff and to make certain minor conforming changes to its Tariff to implement the requirements of Order Nos. 2004, *et seq.* GTN further states that a copy of this filing has been served on GTN's jurisdictional customers and interested state regulatory agencies. Any person desiring to 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not 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. E4-2437 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-432-001] Guardian Pipeline, L.L.C.; Notice of Compliance Filing September 23, 2004. Take notice that on September 14, 2004, Guardian Pipeline, L.L.C. (Guardian) tendered for filing to become part of Guardian's FERC Gas Tariff, Original Volume No. 1, Substitute Third Revised Sheet No. 128 effective September 1, 2004. Guardian states that this filing is made to comply with the Commission's Letter Order dated August 31, 2004, in Docket No. RP04-432. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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. E4-2433 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Transfer of Licenses and Soliciting Comments, Motions To Intervene, and Protests September 23, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Transfer of licenses. b. *Project Nos.:* 2497-007, 2758-008, 2766-008, 2768-008, 2770-007, 2771-007, 2772-006, and 2775-006. c. *Date Filed:* September 21, 2004. d. *Applicants:* Harris Energy and Realty Corporation (Harris Energy, Transferor) City of Holyoke Gas & Electric Department (HG&E, Transferee). e. *Name and Location of Projects:* The Mt. Tom Mill, Crocker Mill (A and B Wheels), Albion Mill (D Wheel), Albion Mill (A Wheel), Crocker Mill (C Wheel), Nonotuck Mill, Gill Mill (A Wheel), and Gill Mill (D Wheel) Hydroelectric Projects (FERC Project Nos. 2497, 2758, 2766, 2768, 2770, 2771, 2772, and 2775, respectively), are located on the Holyoke Canal, a diversion of the Connecticut River in Hampden County, Massachusetts. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. g. *Applicant Contacts:* For Transferor: Ira H. Belsky, Harris Energy and Realty Corporation, 10 Harris Drive, P.O. Box 1280, Holyoke, MA 01041 and Fred E. Springer, Troutman Sanders LLP, 401 9th St., NW., Suite 1000, Washington, DC 20004-2134,

(202)274-2836. For Transferee: James M. Lavelle, City of Holyoke Gas & Electric Department, 99 Suffolk Street, Holyoke, MA 01040 and Nancy J. Skancke, Law Offices of GKRSE, 1500 K St., NW., Suite 330, Washington, DC 20005,

(202)408-5400. h. *FERC Contact:* James Hunter,

(202)502-6086. i. *Deadline for filing comments, protests, and motions to intervene:* October 25, 2004. 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. 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. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all interveners filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the documents on that resource agency. j. *Description of Application:* The applicants seek Commission approval to transfer the licenses for the projects listed in item e. from Harris Energy to HG&E. k. 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 “FERRIS” link. Enter the docket number (P-2497 etc.) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the addresses in item g. above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. o. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E4-2429 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1971-079—Idaho] Idaho Power Company; Notice of Designation of Certain Commission Personnel as Non-Decisional September 23, 2004. Commission staff members James Hastreiter (Office of Energy Projects 503-552-2760; *james.hastreiter@ferc.gov* ) and Merrill Hathaway (Office of General Counsel; 202-502-8825; *merrill.hathaway@ferc.gov* ) are assigned to help resolve environmental and other issues associated with development of a settlement agreement for the Hells Canyon Project. As “non-decisional” staff, Messrs. Hastreiter and Hathaway will not participate in an advisory capacity in the Commission's review of any offer of settlement or settlement agreement, or deliberations concerning the disposition of the relicense application. Different Commission “advisory staff” are assigned to review any offer of settlement or settlement agreement, and to 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. Magalie R. Salas, Secretary. [FR Doc. E4-2427 Filed 9-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-135-000] Order Instituting Section 206 Proceeding Issued September 27, 2004. Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, Joseph T. Kelliher, and Suedeen G. Kelly. Midwest Independent Transmission System Operator, Inc., PJM Interconnection, L.L.C., and all transmission owners providing access to their transmission facilities under Midwest Independent Transmission System Operator, Inc. or PJM Interconnection, L.L.C. Tariffs and all other public utility transmission owners in these regions (including the entities identified below): Alliant Energy Corporate Services, Inc. on behalf of: Interstate Power and Light Company Ameren Services Company on behalf of: Union Electric Company and Central Illinois Public Service Company Central Illinois Light Company Aquila, Inc. (formerly UtiliCorp United, Inc.) Cinergy Services, Inc. Cincinnati Gas & Electric Company PSI Energy, Inc. Union Light Heat & Power Company City Water, Light & Power (Springfield, IL) Dairyland Power Cooperative FirstEnergy Corporation on behalf of: American Transmission Systems, Inc. Great River Energy GridAmerica LLC Illinois Power Company Indiana Municipal Power Agency Indianapolis Power & Light Company International Transmission Company Hoosier Energy Rural Electric Cooperative Lincoln Electric (Neb.) System LG&E Energy Corporation on behalf of: Kentucky Utilities Company Louisville Gas & Electric Company Michigan Electric Transmission Company, LLC Michigan Public Power Agency Minnesota Power, Inc. Montana-Dakota Utilities Company Northern Indiana Public Service Company Northwestern Wisconsin Electric Company Otter Tail Power Company Southern Illinois Power Cooperative Southern Indiana Gas & Electric Cooperative Southern Minnesota Municipal Power Agency Superior Water, Light & Power Company Sunflower Electric Power Corporation Wabash Valley Power Association, Inc. Wolverine Power Supply Cooperative Xcel Energy Services, Inc. on behalf of: Northern States Power Company (Minnesota) Northern States Power Company (Wisconsin) Allegheny Electric Cooperative, Inc. Allegheny Power American Electric Power Service Corporation on behalf of: Appalachian Power Company Columbus Southern Power Company Indiana Michigan Power Company Kentucky Power Company Kingsport Power Company Ohio Power Company Wheeling Power Company Atlantic City Electric Company Baltimore Gas & Electric Company Dayton Power and Light Company Delmarva Power & Light Company Dominion Virginia Power Company Exelon Corporation on behalf of: Commonwealth Edison Company Commonwealth Edison Company of Indiana, Inc. Jersey Central Power & Light Company Metropolitan Edison Company Old Dominion Electric Cooperative PECO Energy Company Pennsylvania Electric Company Public Service Electric & Gas Company PPL Electric Utilities Corporation Potomac Electric Power Company Rockland Electric Company UGI Utilities, Inc. 1. In this order, we are instituting a Federal Power Act section 206 1 proceeding to implement a new long-term transmission pricing structure intended to eliminate seams in the PJM Interconnection, L.L.C.

(PJM)and Midwest Independent Transmission System Operator System, Inc. (Midwest ISO) regions, and establish a refund effective date of December 1, 2004. This order will provide the mechanism by which the Commission will implement a new pricing structure to replace existing through and out rates. This order benefits customers by ensuring a smooth transition in eliminating seams. 1 16 U.S.C. 824e (2000). I. Background 2. In earlier orders in this proceeding, the Commission ordered the elimination of regional through and out rates between PJM and Midwest ISO regions effective April 1, 2004, 2 and also found unjust and unreasonable the through and out rates of individual public utilities that had not yet become members of PJM or the Midwest ISO effective April 1, 2004. 3 The Commission directed compliance filings to eliminate the through and out rates for new transactions, and allowed two- year transitional lost revenue recovery mechanisms, so-called Seams Elimination Charge/Cost Adjustments/Assignments (SECAs), to be put in place effective April 1, 2004. 4 On December 17, 2003, the Commission clarified that the through and out rates were eliminated for reservations pursuant to requests made on or after November 17, 2003, for service commencing on or after April 1, 2004. 5 2 Midwest Independent Transmission System Operator, Inc., *et al.* , 104 FERC ¶ 61,105, *order on reh'g,* 105 FERC ¶ 61,212 (2003). 3 Ameren Services Company, *et al.* , 105 FERC ¶ 61,216 (2003). 4 *See supra* notes 1-2. 5 Midwest Independent Transmission System Operator, Inc., *et al.* , 105 FERC ¶ 61,288 (2003). 3. Subsequently, the Commission provided time for the parties to participate in a stakeholder process to develop these transitional lost revenue recovery mechanisms. On February 6, 2004, noting that it had already allowed the parties some additional time for a stakeholder process, the Commission also established settlement judge procedures to further aid the parties in developing these transitional lost revenue recovery mechanisms. 6 6 Midwest Independent Transmission System Operator, Inc., *et al.* , 106 FERC ¶ 61,105 (2004). 4. On February 4, 2004, the Chief Judge filed a report with the Commission on the parties' progress in the ongoing discussions, along with their agreement that the date for elimination of the through and out rates should be extended from April 1, 2004 to May 1, 2004, (but with the transition period continuing to run from April 1, 2004, *i.e.* , effectively shortening the transition period). 7 On February 6, 2004, the Commission accepted this agreement to extend the date for elimination of through and out rates to May 1, 2004, and so allowed the parties additional time to resolve matters consensually. 8 7 Midwest Independent Transmission System Operator, Inc., *et al.* , 106 FERC ¶ 63,010 (2004). 8 Midwest Independent Transmission System Operator, Inc., *et al.* , 106 FERC ¶ 61,106 (2004). 5. On March 5, 2004, the Chief Judge filed a report and an agreement among the parties, noting that the parties had participated in fourteen full days of formal settlement negotiations (often involving over 100 participants), and that there had been numerous meetings involving individual participants or groups of participants. This resulted in an agreement, supported or joined in by 84 parties (some representing more than one utility) that was accepted by the Commission. 9 9 Midwest Independent Transmission System Operator, Inc., *et al.* , 106 FERC ¶ 61,262

(2004)(March 19 Order). 6. This agreement established the going-forward principles and procedures that, would shorten the transition to the elimination of the through and out rates by seventeen months. This agreement retained the through and out rates until December 1, 2004, at which time they would be eliminated entirely. The agreement also provided for negotiations to continue to develop a long-term transmission pricing structure that eliminates seams in the PJM and Midwest ISO regions. The agreement provided that either one proposal or, if the parties were unable to agree to a single proposal, multiple proposals would be filed with the Commission on October 1, 2004, with a December 1, 2004 effective date. 7. On September 3, 2004, the Chief Judge issued a report 10 indicating that after further settlement and stakeholder conferences there was an impasse between two major groups of parties. The Chief Judge stated that it appeared there will be two competing proposals filed with the Commission on October 1, 2004. The Chief Judge added that additional meetings and conferences are planned in an attempt to come to further agreement. On September 16, 2004, the Chief Judge issued a further report 11 indicating that a further settlement conference had been held. He explained that, while the parties' discussions have successfully narrowed the issues and successfully narrowed the range of proposals to two, further discussions would not be productive. Accordingly, he terminated the settlement judge procedures. 10 Midwest Independent Transmission System Operator, Inc., *et al.* , 108 FERC ¶ 63,034 (2004). 11 Midwest Independent Transmission System Operator, Inc., *et al.* , 108 FERC ¶ 63,039 (2004). II. Discussion 8. In its March 19 Order, which accepted the parties' agreement on going-forward principles and procedures, the Commission stated that “in no event will through and out rates remain in place beyond December 1, 2004 irrespective of whether there is an agreed-upon long-term transmission pricing structure.” In addition, the Commission “obligate[d] itself to choose a replacement and to put that replacement in place on December 1, 2004 (subject to refund, if appropriate).” 12 12 March 19 Order, 106 FERC ¶ 61,262 at P 19. The Commission also stated that it was “not obligated to adopt any particular long-term transmission pricing structure over another.” *Id.* at P 19 n.19; *accord id.* at P 13 n.17. 9. As noted above, the Chief Judge has reported that two alternative proposals for a long-term transmission pricing structure will likely be filed. However, the Commission anticipates that ultimately it will adopt a single long-term transmission pricing structure across the entire PJM and Midwest ISO regions. Consequently, in order to allow the Commission to adopt a single long-term transmission pricing structure, the Commission is instituting this section 206 proceeding to establish a just and reasonable long-term transmission pricing structure and is establishing a refund effective date of December 1, 2004. Doing so will ensure that the Commission has adequate authority to implement a long-term transmission pricing structure for all parties across the PJM and Midwest ISO regions. Following the filing of the two alternative proposals and comments on the proposals, the Commission will take further action in this proceeding. 10. In cases where, as here, the Commission institutes a section 206 investigation on its own motion, section 206(b) requires that the Commission establish a refund effective date that is no earlier than 60 days after publication of notice of the Commission's investigation in the **Federal Register** , and no later than five months subsequent to the expiration of the 60 day period. In order to give maximum protection to customers, and consistent with our previous commitments on this matter, we will establish a refund effective date in Docket No. EL04-135-000 of December 1, 2004, the previously established effective date of the long-term transmission pricing structure. 11. Section 206 also requires that, if no final decision is rendered by the refund effective date or by the conclusion of the 180-day period commencing upon the initiation of a proceeding pursuant to section 206, whichever is earlier, the Commission shall state the reasons why it failed to do so and shall state its best estimate of when it reasonably expects to make such a decision. In the circumstances of this proceeding, given that the parties' alternative proposals have not yet been filed, we cannot resolve this matter at this time. However, we estimate that we will be able to issue our initial order on these filings and in this proceeding prior to December 1, 2004, and, if we are not able to resolve this matter in that initial order, we estimate that we will be able to resolve this matter by July 31, 2005. The Commission Orders

(A)Pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by section 402 of the Department of Energy Organization Act and by the Federal Power Act, particularly section 206 thereof, and pursuant to the Commission's Rules of Practice and Procedure and the regulations under the Federal Power Act (18 CFR chapter I), an investigation is hereby instituted in Docket No. EL04-135-000 concerning the justness and reasonableness of a long-term transmission pricing structure for the PJM and Midwest ISO regions that will be the successor to through and out rates, as discussed in the body of this order.

(B)The Secretary shall promptly publish a copy of the Commission's order in Docket No. EL04-135-000 in the **Federal Register** .

(C)The refund effective date in Docket No. EL04-135-000, established pursuant to section 206(b) of the Federal Power Act, will be December 1, 2004.

(D)Notices of intervention and motions to intervene in Docket No. EL04-135-000 are due on or before October 15, 2004. By the Commission. Magalie R. Salas, Secretary. [FR Doc. 04-22016 Filed 9-29-04; 8:45 am]

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