Notices. Notice of proposed procedures and call for applications

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

BILLING CODE 5001-06-M DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before November 1, 2004. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention:

Carolyn Lovett, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10235, New Executive Office Building, Washington, DC 20503 or faxed to

(202)395-6974. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, *e.g.* new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: September 27, 2004. Angela C. Arrington, Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer. Office of Special Education and Rehabilitative Services *Type of Review:* Revision. *Title:* Pre-Elementary Education Longitudinal Study (PEELS). *Frequency:* Varies. *Affected Public:* Individuals or household; Not-for-profit institutions; State, local or Tribal Gov't; SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 6,640. *Burden Hours:* 4,486. *Abstract:* PEELS will provide the first national picture of experiences and outcomes of three to five year old children in early childhood special education. The study will inform special education policy development and support Government Performance and Results Act

(GPRA)measurement and Individuals with Disabilities Education Act

(IDEA)reauthorization with data from parents, service providers, and teachers. Requests for copies of the submission for OMB review; comment request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 2590. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to the Internet address *OCIO_RIMG@ed.gov* or faxed to 202-245-6621. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be directed to Sheila Carey at her e-mail address *Sheila.Carey@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E4-2447 Filed 9-30-04; 8:45 am] BILLING CODE 4000--1-S DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-878-000] Equus Power I, L.P.; Notice of Issuance of Order September 24, 2004. Equus I, L.P. (Equus) filed an application for market-based rate authority, with an accompanying tariff. The proposed tariff provides for wholesale sales of energy, capacity, and ancillary services at market-based rates. Equus also requested waiver of various Commission regulations. In particular, Equus requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Equus. On July 16, 2004, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under Part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Equus should file a motion to intervene or protest 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, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is October 4, 2004. Absent a request to be heard in opposition by the deadline above, Equus is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Equus, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of Equus' issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. 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. Magalie R. Salas, Secretary. [FR Doc. E4-2454 Filed 9-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-622-002] National Fuel Gas Supply Corporation; Notice of Corrections to Non-Conforming Service Agreements September 27, 2004. On September 7, 2004, National Fuel Gas Supply Corporation filed to correct omissions from the red-lined version of non-conforming Service Agreement No. F10681 between it and EOG Resources, Inc., submitted on February 25, 2004, in Docket No. RP03-622-002 and accepted by Director Letter Order dated March 23, 2004. 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. E4-2451 Filed 9-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER02-1785-000] Thermo Cogeneration Partnership, L.P.; Notice of Issuance of Order September 24, 2004. Thermo Cogeneration Partnership, L.P. (Thermo Cogeneration) filed an application to make wholesale sales of electric energy and capacity at market-based rates. Thermo Cogeneration also requested waiver of various Commission regulations. In particular, Thermo Cogeneration requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Thermo Cogeneration. On July 5, 2002, pursuant to delegated authority, the Director, Division of Tariffs and Rates-West, granted the request for blanket approval under Part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Thermo Cogeneration should file a motion to intervene or protest 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, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is October 4, 2004. Absent a request to be heard in opposition by the deadline above, Thermo Cogeneration is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Thermo Cogeneration, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of Thermo Cogeneration's issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. 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. Magalie R. Salas, Secretary. [FR Doc. E4-2455 Filed 9-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER03-1101-005, et al.] PJM Interconnection, L.L.C., et al.; Electric Rate and Corporate Filings September 24, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. PJM Interconnection, L.L.C. [Docket No. ER03-1101-005] Take notice that on September 22, 2004, PJM Interconnection, L.L.C.

(PJM)filed the second of four six-month reports concerning the effects of PJM's credit policy for virtual bidders, as required by the Commission's September 22, 2003 order in *PJM Interconnection, L.L.C.,* 104 FERC ¶ 61,309 (2003). PJM states that copies of this filing have been served on all persons listed on the official service list compiled by the Secretary in this proceeding. *Comment Date:* 5 p.m. Eastern Time on October 13, 2004. 2. Alabama Power Company [Docket No. ER04-1002-001] Take notice that, on September 22, 2004, Alabama Power Company (Alabama Power) submitted a compliance filing pursuant to *Alabama Power Company,* 108 FERC ¶ 61,222 (2004), issued September 7, 2004 in Docket Nos. ER04-664-000 and ER04-1002-000. Alabama Power states that this filing serves to make a Commission approved specification sheet compliant with Order No. 614. Alabama Power 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 October 13, 2004. 3. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-1165-001] Take notice that on September 22, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing, pursuant to section 205 of the Federal Power Act, 16 U.S.C. 824d, additional revisions to section 2.2 of the Midwest ISO Open Access Transmission Tariff (the Midwest ISO OATT) to correct typographical errors in the original filing made on August 31, 2004. Midwest ISO states that the filing has been served electronically upon all Midwest ISO Members, Member representatives of Transmission Owners and Non-Transmission Owners, the Midwest ISO Advisory Committee participants, as well as all state commissions in the region. In addition, Midwest ISO states that the filing has been posted electronically on the Midwest ISO's Web sites at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. *Comment Date:* 5 p.m. Eastern Time on October 8, 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 and all parties to this proceeding. 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. E4-2456 Filed 9-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AC04-105-000, et al.] Access Energy Cooperative, et al.; Electric Rate and Corporate Filings September 23, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Access Energy Cooperative [Docket No. AC04-105-000] Between June 21, 2004 and September 2, 2004, the above-referenced electric cooperatives filed motions that requested a waiver or exemption from the requirements of Order No. 646. 106 FERC ¶ 61,113 (2003). Interested parties may file a petition to intervene in each individual docket. *Comment Date:* 5 p.m. eastern standard time on October 7, 2004. 2. Llano Estacado Wind, LP [Docket No. EG04-102-000] Take notice that on September 20, 2004, Llano Estacado Wind, LP (Applicant) filed with the Commission an application for redetermination of exempt wholesale generator status pursuant to section 32(a)(1) of the Public Utility Holding Company Act of 1935 and Part 365 of the Commission's regulations. Applicant states that it is a limited partnership organized under the laws of the State of Texas that is engaged directly and exclusively in owning and operating an 80 MW wind-powered electric generating facility located near White Deer, Texas (Facility) and in selling electric energy at wholesale from the Facility. *Comment Date:* 5 p.m. eastern standard time on October 12, 2004. 3. Michigan Electric Transmission Company, LLC [Docket Nos. ER01-2126-009 and ER01-2375-008] Take notice that on September 22, 2004, Michigan Electric Transmission Company, LLC

(METC)submitted a compliance filing pursuant to the Commission's order issued August 23, 2004 in Docket Nos. ER01-2126-005, *et al.,* 108 FERC ¶ 61,205. METC states that it has served a copy of its filing on both Renaissance Power, LLC and New Covert Generating Company, LLC. *Comment Date:* 5 p.m. eastern standard time on October 13, 2004. 4. Credit Suisse First Boston International [Docket No. ER01-2656-002] Take notice that on September 20, 2004, Credit Suisse First Boston International (CSFBI) tendered for filing a triennial market power analysis pursuant to the Commission's orders granting CSFBI market-based rate authority. CSFBI also submitted for Commission acceptance a revised market-based rate tariff that incorporates the Commission's new market behavior rules adopted in *Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations,* 105 FERC ¶ 61,218

(2003)and includes provisions to allow CSFBI to engage in sales of ancillary services at market-based rates under terms and conditions consistent with those approved by the Commission. CSFBI states that the filing also revises CSFBI's market-based rate tariff to comply with the Commission's tariff formatting rules established in Order No. 614. CSFBI states that a copy of this filing was served on the New York State Public Service Commission, Pennsylvania Public Utility Commission, the Connecticut Department of Public Utility Control, the New Jersey Board of Public Utilities, the Massachusetts Department of Telecommunications and Energy and the Maine Public Utilities Commission. *Comment Date:* 5 p.m. eastern standard time on October 12, 2004. 5. California Electric Marketing, LLC [Docket No. ER01-2690-002] Take notice that on September 21, 2004, California Electric Marketing, LLC, (CalEM), submitted for filing its triennial updated market analysis and revisions to its FERC Rate Schedule No. 1 to incorporate the Market Behavior Rules set forth in the Commission's orders issued November 17, 2003 and May 19, 2004 in Docket Nos. EL01-118-000, EL01-118-001, and EL01-118-003, *Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations,* 105 FERC ¶ 61,218 (2003), order on reh'g, 107 FERC ¶ 61,175 (2004). CalEM requests an effective date of September 22, 2004. *Comment Date:* 5 p.m. eastern standard time on October 12, 2004 . 6. FortisOntario, Inc., FortisUS Energy Corporation [Docket No. ER03-775-002, Docket No. ER00-136-001] Take notice that on September 20, 2004, FortisOntario, Inc. (FortisOntario) and FortisUS Energy Corporation (FortisUS), submitted their updated market power analysis. FortisUS Energy Corporation also filed amendments to its market-based rate tariff to incorporate the Commission's Market Behavior Rules, to comply with the Commission's Order No. 614, and to adjust for certain recent changes in the New York Independent System Operator and ISO New England Inc. markets. FortisOntario states that copies of the filing were served upon FortisOntario, Inc. and FortisUS Energy Corporation's jurisdictional customers. *Comment Date:* 5 p.m. eastern standard time on October 12, 2004. 7. Southern California Edison Company [Docket No. ER04-1235-000] Take notice that on September 21, 2004, Southern California Edison Company

(SCE)submitted for filing a Service Agreement for Wholesale Distribution Service (WDAT Service Agreement), Service Agreement No. 125 under the Wholesale Distribution Access Tariff, FERC Electric Tariff, First Revised Volume No. 5, between SCE and the City of Corona, California (Corona). SCE states that the purpose of the WDAT Service Agreement is to specify the terms and conditions under which SCE will provide Wholesale Distribution Service from the California Independent System Operator Controlled Grid at SCE's Mira Loma Substation to a SCE-Corona 12 kV interconnection serving a new development known as Corona Dos Lagos. SCE states that copies of the filing were served upon the Public Utilities Commission of the State of California and Corona. *Comment Date:* 5 p.m. eastern standard time on October 12, 2004. 8. Southern Company Services, Inc. [Docket No. ER04-1236-000] Take notice that on September 21, 2004, Southern Company Services, Inc.,

(SCS)acting on behalf of Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, and Savannah Electric and Power Company (collectively referred to as Operating Companies), submitted for filing replacement tariff sheets concerning the accrual of post-retirement benefits other than pensions as set forth in Statement of Financial Accounting Standard No. 106 by the Financial Accounting Standards Board in agreements and tariffs of the Operating Companies (jointly and individually). *Comment Date:* 5 p.m. eastern standard time on October 12, 2004. 9. LSP Energy Limited Partnership [Docket No. ER98-2259-004] Take notice that on September 21, 2004, LSP Energy Limited Partnership (LSP Energy) filed with the Commission a notice of change in status in connection with the sale by Granite II Holding, LLC to CEP Batesville Acquisition, LLC of all of the issued and outstanding membership interests in LSP Batesville Holding, LLC. *Comment Date:* 5 p.m. eastern standard time on October 12, 2004. 10. MDU Resources Group, Inc. [Docket No. ES04-50-000] Take notice that on September 17, 2004, MDU Resources Group, Inc. (MDU Resources) submitted an application pursuant to section 204 of the Federal Power Act seeking authorization to issue a combination of securities not to exceed $750 million in the aggregate and not to exceed the following amounts:

(1)$750,000,000 worth of common stock;

(2)$112,500,000 worth of preferred stock;

(3)$262,500,000 worth of new mortgage bonds, new senior notes, other secured debt securities, subordinated and unsubordinated unsecured debentures, debt securities, notes, or other evidences of indebtedness and/or guarantees from time to time;

(4)$262,500,000 worth of other stock purchase contracts, stock purchase units, and/or warrants; and

(5)$262,500,000 worth of other securities, including, without limitation, hybrid securities and any related guarantees. MDU Resources also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. *Comment Date:* 5 p.m. eastern standard time on October 7, 2004. 11. Wells Rural Electric Company [Docket No. ES04-51-000] Take notice that on September 17, 2004, Wells Rural Electric Company (Wells) submitted an application pursuant to section 204 of the Federal Power Act seeking authorization to issue short-term debt in the form of a perpetual line of credit from the National Rural Utilities Cooperative Finance Corporation

(CFC)in an amount not to exceed $3,500,000. Wells also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. *Comment Date:* 5 p.m. eastern standard time on October 13, 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 and all parties to this proceeding. 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. E4-2457 Filed 9-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL00-95-000, et al.; Docket No. EL00-98-000, et al.; Docket No. ER03-746-000, et al.] San Diego Gas & Electric Company, Complainant, v. Sellers of Energy and Ancillary Services, Into Markets Operated by the California, Independent System Operator, and the California Power Exchange, Respondents; Investigation of Practices of the California Independent System Operator and the California Power Exchange; California Independent System Operator Corporation; Notice of Technical Conference September 27, 2004. The Federal Energy Regulatory Commission staff is convening a technical conference to discuss with the California Independent System Operator Corporation (CAISO) and market participants and facilitate a better understanding of several aspects of the CAISO's proposed methodology for allocating the fuel cost allowance. In *San Diego Gas & Electric Co.* v. *Sellers of Energy & Ancillary Serv.,* *et al.* , 107 FERC 61,166 (2004), the Commission directed the CAISO to develop a methodology to allocate recovery of the fuel allowance. The CAISO's compliance filing, and the numerous protests and comments submitted in response thereto, raise new issues, including: the netting of sales and purchases, the mechanics of the implementation of the fuel cost allowance offset, and the consistency of the CAISO's proposed methodology for allocating fuel cost allowance with the intent of the refund proceeding. Participants are requested to restrict their contributions to this conference to the issues related to the process and mechanics of allocating recovery of the fuel cost allowance within the framework of the refund proceeding. A separate notice will be issued by the Commission to announce the final agenda of the staff technical conference. The staff technical conference will be held on October 7, 2004, at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC beginning at 9 a.m. (e.s.t.) in a room to be announced at a later date. The conference is open for the public to attend, and registration is not required. For more information about the conference, please contact: Olga Kolotushkina, Office of General Counsel, Federal Energy Regulatory Commission at

(202)502-6024 or *shawn.bennett@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-2453 Filed 9-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-699-000, ER03-1272-002, and ER03-1272-003] Entergy Services, Inc.; Notice of Technical Conference September 27, 2004. Notice is hereby provided that the Commission will convene a technical conference, to be held on Friday, October 8, 2004 in Jackson, Mississippi. The conference will be held from 9:30 a.m. to 4 p.m. (Central Time) at the Mississippi Department of Education building, 359 N. West Street, Jackson, Mississippi. Members of the Federal Energy Regulatory Commission are expected to participate, along with Entergy's state and local utility regulators. The purpose of the conference is to discuss Entergy's Wholesale Procurement Process

(WPP)and Independent Coordinator of Transmission

(ICT)proposals in Docket No. ER04-699, including issues raised at the technical conference held on July 30 and 31, 2004 in New Orleans, Louisiana. Parties may also discuss Entergy's filings, in Docket Nos. ER03-1272-002 and ER03-1272-003, in compliance with Commission orders approving the implementation of the Available Flowgate Capability

(AFC)methodology to allocate transmission service. 1 1 *Entergy Services, Inc.,* 106 FERC ¶ 61,115

(2004)and Entergy Services Inc., 108 FERC ¶ 61,046 (2004). The Commission will provide further information on the conference, including an agenda, in a subsequent notice. Parties will have the opportunity to file supplemental comments following the conclusion of the conference. Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. They will be available for the public on the commission's e-Library (FERRIS) seven calendar days after FERC receives the transcript. All interested persons may attend. For additional information, please contact Anna Cochrane at

(202)502-6357; *anna.cochrane@ferc.gov* or Sarah McKinley at

(202)502-8004; *sarah.mckinley@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-2452 Filed 9-30-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Parker-Davis Project—Post-2008 Resource Pool AGENCY: Western Area Power Administration, DOE. ACTION: Notice of proposed procedures and call for applications. SUMMARY: The Western Area Power Administration (Western), a Federal power marketing agency of the Department of Energy (DOE), is seeking comments on proposed procedures and calling for applications from preference entities interested in an allocation of Federal power from the Parker-Davis Project. Western's Energy Planning and Management Program (Program) provides for establishing project-specific resource pools and allocating power from these pools to preference contractors. Under the Program, Western is proposing allocation criteria for comment, and is also seeking applications from entities interested in a Federal power resource pool allocation of the long-term marketable resource of the Parker-Davis Project (P-DP) that will become available October 1, 2008. Preference entities applying for an allocation of power must submit formal applications as outlined below. DATES: Entities interested in commenting on proposed procedures must submit written comments to Western's Desert Southwest Regional Office at the address below. Entities applying for an allocation of Western power must submit an application to the address below. Western will accept written comments and/or applications received on or before December 30, 2004. Western reserves the right to not consider any comments and/or applications received after this date. Western will hold public information forums and public comment forums on the proposed procedures and applications. The public information forum dates are: 1. October 25, 2004, 1 p.m., Las Vegas, NV. 2. October 26, 2004, 1 p.m., Phoenix, AZ. 3. October 27, 2004, 1 p.m., Ontario, CA. Following the public information forums, Western will hold three public comment forums. The dates for these forums are as follows: 1. November 30, 2004, 1 p.m., Las Vegas, NV. 2. December 1, 2004, 1 p.m., Phoenix, AZ. 3. December 2, 2004, 1 p.m., Ontario, CA. ADDRESSES: Submit applications for an allocation of Western power and written comments regarding these proposed procedures to Mr. J. Tyler Carlson, Regional Manager, Desert Southwest Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457. You may also fax applications or comments to Western at

(602)352-2490 or e-mail them to *post2008pdp@wapa.gov.* Application forms are available upon request or may be accessed at *http://www.wapa.gov/dsw/pwrmkt/FRN.* Applicants are encouraged to use the application form provided at the above Web site. The public information and comment forum locations are: 1. Las Vegas—Las Vegas Tropicana, 3801 Las Vegas Boulevard South, Las Vegas, NV. 2. Phoenix—Western Area Power Administration, Desert Southwest Regional Office, 615 South 43rd Ave, Phoenix, AZ. 3. Ontario—Hilton Ontario Airport, 700 N. Haven Avenue, Ontario, CA. FOR FURTHER INFORMATION CONTACT: Roy Tinsley, Project Manager, Desert Southwest Region, Western Area Power Administration, 615 South 43rd Ave, Phoenix, AZ 85005, telephone

(602)352-2788, e-mail *post2008pdp@wapa.gov.* The current Parker-Davis Project (P-DP) marketing plan and related information are available online at *http://www.wapa.gov/dsw/pwrmkt.* Western will also post all public comments from this process on this Web site after the close of the comment period. SUPPLEMENTARY INFORMATION: On October 20, 1995, Western published the Final Program Rule for the Program, which became effective on November 20, 1995 (60 FR 54151, October 20, 1995). Subpart C-Power Marketing Initiative of the Program, Final Rule, 10 CFR part 905, provides for project-specific resource pools and allocations of power from these pools to eligible preference contractors. Western published its decision to apply the Program Power Marketing Initiative

(PMI)to the P-DP on May 5, 2003 (68 FR 23709). This decision created a resource pool of approximately 17 megawatts

(MW)of summer season capacity and 13 MW of winter season capacity based on estimates of current P-DP hydroelectric resource availability, for allocation to eligible preference contractors for 20 years beginning October 1, 2008. Traditionally, Western has marketed allocations of firm power to eligible preference contractors to encourage the most widespread use, following Federal Reclamation Law. Western will make allocations to preference contractors under the current P-DP Marketing Plan (49 FR 50582, 52 FR 7014, 52 FR 28333) and the Program. Western intends to carry forward the key principles and criteria of the Marketing Plan and the Program, except as modified in this notice. Proposed Post—2008 Resource Pool Allocation Procedures These proposed procedures for the P-DP resource pool address

(1)eligibility criteria;

(2)how Western plans to allocate the resource pool to eligible applicants; and

(3)the terms and conditions under which Western will sell the allocated power. I. Amount of Pool Resources As of October 1, 2008, Western proposes to allocate, as long-term firm power to eligible preference contractors, approximately 17 MW of summer season capacity and 13 MW of winter season capacity, based on estimates of current P-DP hydroelectric resource availability. Firm power means capacity and associated energy allocated by Western and subject to the terms and conditions specified in the Western P-DP electric service contract. The associated energy will equal 3,441 kilowatt hours per kilowatt (kWh/kW) in summer and 1,703 kWh/kW in winter, based on current marketing plan criteria. This new resource pool includes 0.869 MW of summer withdrawable capacity and 0.619 MW of winter withdrawable capacity. Withdrawable power is power reserved for United States priority use, but not presently needed. Priority use power is capacity and energy required for the development and operation of Bureau of Reclamation (Reclamation) projects as required by legislation and irrigation pumping on certain Indian lands. When priority-use power is requested, Western will substantiate that the power to be withdrawn will be used for the purposes specified in the Conformed Criteria (49 FR 50586) and then, upon a 2-year written advance notice, Western may withdraw the necessary amount of power on a *pro-rata* basis (52 FR 28336). II. General Eligibility Criteria Western proposes to apply the following general eligibility criteria to applicants seeking a firm power allocation under the proposed Post-2008 Resource Pool Allocation Procedures: A. Qualified applicants must be preference entities as defined by section 9(c) of the Reclamation Project Act of 1939, 43 U.S.C. 485h(c), as amended and supplemented. B. First consideration will be given to qualified applicants in the P-DP marketing area who do not have a contract with Western for Federal power resources or are not a member of a parent entity that has a contract with Western for Federal power resources. C. Qualified applicants, except Native American tribes, must be ready, willing, and able to receive and distribute or use power from Western. Ready, willing, and able means that the potential customer has the facilities needed for the receipt of power or has made the necessary arrangements for transmission and/or distribution service; and the potential customer's power supply contracts with third parties permit the delivery of Western's power (60 FR 54173). End users must have the necessary arrangements for transmission and/or distribution service in place by April 1, 2008. D. Qualified applicants that desire to purchase power from Western for resale to consumers, including cooperatives, municipalities, public utility districts, and public power districts must have utility status by October 1, 2005; and must have the necessary arrangements for transmission and/or distribution service in place by April 1, 2008. Native American tribes are not subject to this requirement. Utility status means the applicant has responsibility to meet load growth, has a distribution system, and is ready, willing, and able to purchase Federal power from Western on a wholesale basis for resale to retail customers. E. Qualified Native American applicants must be a Native American tribe as defined in the Indian Self Determination Act of 1975, 25 U.S.C. 450b, as amended. III. General Allocation Criteria Western proposes to apply the following general allocation criteria to applicants seeking an allocation of firm power under the proposed Post-2008 Resource Pool Allocation Procedures. A. Allocations of firm power will be made in amounts as determined solely by Western in exercise of its discretion under Federal Reclamation Law. B. An allottee may begin service to purchase firm power only upon the execution of an electric service contract between Western and the allottee, and satisfaction of all conditions in that contract. C. Firm power will be allocated under these procedures to qualified applicants following preference provisions of section 9(c) of the Reclamation Project Act of 1939, in the following order of priority: 1. Preference entities in the P-DP marketing area that do not have a contract with Western for Federal power resources or are not a member of a parent entity that has a contract with Western for Federal power resources. 2. Preference entities in the P-DP marketing area that have a contract with Western for Federal power resources or are a member of a parent entity that has a contract with Western for Federal power resources. 3. Preference entities in adjacent Federal marketing areas that do not have a contract with Western for Federal power resources or are not a member of a parent entity that has a contract with Western for Federal power resources. D. The P-DP marketing area includes: • All of the drainage area considered tributary to the Colorado River below a point 1 mile downstream from the mouth of the Paria River (Lee's Ferry). • The State of Arizona, excluding that portion lying in the Upper Colorado River Basin, except for that portion of the Upper Colorado River Basin in which the Navajo Generating Station is located. The Navajo Generating Station is included in the power marketing area as a resource only. • That portion of the State of New Mexico lying in the Lower Colorado River Basin and the independent Quemada Basin lying north of the San Francisco River drainage area. • Those portions of the State of California lying in the Lower Colorado River Basin and in drainage basins of all streams draining into the Pacific Ocean south of Calleguas Creek. • Those parts of the States of California and Nevada in the Lahontan Basin including and lying south of the drainages of Mono Lake, Adobe Meadows, Owens Lake, Amargosa River, Dry Lakes, and all closed independent basins or other areas in southern Arizona not tributary to the Colorado River. For a map of the P-DP marketing area, visit Western's Web site at *http://www.wapa.gov/dsw/pwrmkt.* E. Western will base allocations made to qualified applicants on the actual loads experienced in calendar year 2003 and will apply current marketing plan criteria and Program criteria to these loads, except as stated in this notice. F. Western will base allocations made to Native American tribes on the actual load experienced in calendar year 2003. Western has the right to use estimated load values should actual load data not be available. Western will review and adjust, where necessary, inaccurate estimates received during the allocation process. G. New contractors must execute electric service contracts within 6 months of receiving a contract offer from Western, unless Western agrees otherwise in writing. H. The resource pool will be dissolved subsequent to the closing date for executing firm power contracts. Firm power not under contract by the closing date will be used as determined by Western. I. The minimum allocation shall be 1,000 kW. J. If unanticipated obstacles to the delivery of hydropower benefits to Native American tribes arise, Western retains the right to provide the economic benefits of its resources directly to the tribes. IV. General Contract Principles Western proposes to apply the following general contract principles to all applicants receiving an allocation of firm power under the proposed Post-2008 Resource Pool Allocation Procedures. A. Western reserves the right to reduce the withdrawable portion of a contractor's contract rate of delivery, upon 2 years' notice of a request by Reclamation for additional energy needed to serve project pumping requirements. B. Western, at its discretion and sole determination, reserves the right to adjust the contract rate of delivery on 5 years' written notice in response to changes in hydrology and river operations. Such adjustments will only take place after Western conducts a public process. C. Each contractor is ultimately responsible for arranging third-party delivery. Western may assist new contractors in obtaining third-party transmission arrangements for delivery of firm power allocated under these contracts. D. No contractor shall sell for profit any of the capacity and energy allocated to it to any customer of the contractor for resale by that customer (49 FR 50585). E. Contracts entered into under the Post-2008 Resource Pool Allocation Procedures will provide for Western to furnish firm electric service effective from October 1, 2008, through September 30, 2028. F. Contractors will be required to pay in advance for their firm electric service. G. To the extent existing contractors' allocations are reduced to create the resource pool, new contractors will be required to reimburse existing contractors for undepreciated replacement advances. H. Contracts entered into as a result of the proposed procedures will incorporate Western's standard provisions for power sales contracts, integrated resource planning, and the general power contract provisions. V. Applications for Firm Power This notice formally requests applications from qualified entities wishing to purchase power from the Desert Southwest Region. Western is requesting Applicant Profile Data

(APD)to provide a uniform basis for evaluating applications. To be considered, qualified entities must submit an application to the Desert Southwest Region as requested below. To ensure full consideration for all applicants, Western will not consider applications submitted before publication of this notice or after the deadline specified in the DATES section. Application forms are available upon request or may be accessed at *http://www.wapa.gov/dsw/pwrmkt/FRN.* Western encourages applicants to use the application form provided at the above Web site. A. Applicant Profile Data Application The content and format of the APD are outlined below. Applicants should submit requested information in the sequence listed. Applicants must provide all requested information, or the most reasonable available estimate, or should indicate “not applicable” if they have no information they wish to be considered for a requested item. Western is not responsible for errors in data or missing pages. All items of information in the APD should be answered as if prepared by the entity seeking the allocation. The APD shall consist of the following: 1. Applicant: a. Applicant's (entity requesting a new allocation) name and address. b. Person(s) representing applicant: Please provide the name, title, address, telephone and fax number, and e-mail address of such person(s). c. Type of organization: For example, Federal or state agency, irrigation district, municipal, rural, or industrial user, municipality, Native American tribe, public utility district, or rural electric cooperative. Please provide a brief description of the organization that will interact with Western on contract and billing matters and whether the organization owns and operates its own electric utility distribution system. d. Parent organization of applicant, if any. e. Name of members or suballottees, if any. f. Applicable law under which the organization was established. g. Taxpayer Identification Number (TIN). h. Applicant's geographic service area: If available, submit a map of the service area, and indicate the date prepared. 2. Loads: a. All Applicants: I. If applicable, number and type of customers served in calendar year 2003; *e.g.* , residential, commercial, industrial, military base, agricultural. II.The actual monthly maximum demand (in kilowatts) and energy use (in kilowatt hours) experienced in calendar year 2003. III. For Native American tribe applicants, if actual demand and energy data is not available, provide estimated monthly demand (in kilowatts) with a description of the method and basis for this estimated demand. 3. Resources: a. A list of current power supplies, including the applicant's own generation and purchases from others. For each supply, provide capacity and location. b. Status of power supply contract(s), including a contract termination date. Indicate whether power supply is on a firm basis or some other type of arrangement. 4. Transmission: a. Point(s) of delivery: Provide the preferred point(s) of delivery on Western's P-DP system or a third party's system and the required service voltage. b. Transmission arrangements: Describe the applicant's transmission arrangements necessary to deliver firm power to the requested points of delivery beyond Western's P-DP system. Provide a single-line drawing of applicant's system, if one is available. 5. Other Information: The applicant may provide any other information pertinent to receiving an allocation. 6. Signature: The signature and title of an appropriate official who is able to attest to the validity of the APD and who is authorized to submit the request for allocation is required. B. Western's Consideration of Applications 1. Upon receiving the APD, Western will verify that the applicant meets the general eligibility criteria in Section II, and that the application contains all items requested in the APD. a. Western may request in writing additional information from any applicant whose APD is determined to be deficient. The applicant will have 15 days from the date on Western's letter of request to provide the information. b. If Western determines the applicant does not meet the general eligibility criteria, Western will send a letter explaining why the applicant did not qualify. c. If the applicant has met the eligibility criteria, Western, through the public process, will determine the amount of firm power, if any, to allocate in accordance with the general allocation criteria in Section III. Western will send a draft contract to the applicant that identifies the terms and conditions of the offer and the amount of firm power allocated to the applicant. VI. Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, *et seq.* ) requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities and there is a legal requirement to issue a general notice of proposed rulemaking. Western has determined that this action does not require a regulatory flexibility analysis since it is a rulemaking of particular applicability involving rates or services applicable to public property. VII. Small Business Regulatory Enforcement Fairness Act Western has determined that this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking of particular applicability relating to rates or services and involves matters of procedure. VIII. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. IX. Environmental Compliance Western has completed an environmental impact statement on the Program, pursuant to the National Environmental Policy Act of 1969 (NEPA). The Record of Decision was published in 60 FR 53181, October 12, 1995. Western's NEPA review assured all environmental effects related to these actions have been analyzed. Dated: September 16, 2004. Michael S. Hacskaylo, Administrator. [FR Doc. 04-22050 Filed 9-30-04; 8:45 am]

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