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Code · REGISTER · 2004-10-06 · Federal Energy Regulatory Commission · Notices

Notices. Notice

16,912 words·~77 min read·/register/2004/10/06/04-22487

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BILLING CODE 6450-01-U DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC04-555-001, FERC-555] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review September 29, 2004. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review and reinstatement of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of May 14, 2004 (69 FR 26561-26562) and has responded to their comments in its submission to OMB. DATES: Comments on the collection of information are due by October 31, 2004. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *Pamela_L._Beverly@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-4650. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-30, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC04-555-001. Documents filed electronically via the Internet must be prepared in, MS Word, Portable Document Format, Word Perfect or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's E-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by e-mail to *efiling@ferc.gov* . Comments should not be submitted to the e-mail address. All comments are available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at (866)208-3676, or for TTY, contact (202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information* : FERC-555 “Records Retention Requirements.” 2. *Sponsor:* Federal Energy Regulatory Commission. 3. Control No. 1902-0098. The Commission is now requesting that OMB approve with a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* Submission of the information is necessary to enable the Commission to carry out its responsibilities in implementing the statutory provisions Sections 301, 304 and 309 of the Federal Power Act
(FPA)(16 U.S.C. 825, 825c and 825h), Sections 8, 10, and 16 of the Natural Gas Act
(NGA)(Pub. L. 75-688) (15 U.S.C. 717-717w) and Section 20 of the Interstate Commerce Act (ICA 49 U.S.C. 20). The regulations for preservation of records establish retention periods, necessary guidelines and requirements to sustain retention of applicable records for the regulated public utilities, natural gas and oil pipeline companies subject to FERC's jurisdiction. These records will be used by the regulated companies as the basis for their required rate and tariff filings and reports for the Commission. In addition, the records will be used by the Commission's audit staff during compliance reviews, by enforcement staff during investigations and for special analyses as deemed necessary by the Commission. The records retained by jurisdictional companies as directed by the Commission are the result of a mandatory requirement. On January 27, 2000, FERC issued a final rule (Order No. 617) amending its records retention regulations for public utilities and licensees, natural gas and oil pipeline companies. These changes included revising the general instructions and shortening various records retention schedules. Order No. 617's objective was to reduce or eliminate burdensome and unnecessary regulatory requirements. It has been over three years since Order No. 617 took effect on January 1, 2001, and there has been sufficient time for jurisdictional companies to implement Order No. 617's provisions. Therefore in responding to this notice, the Commission is interested in knowing if the jurisdictional companies have obtained substantial reductions in the recordkeeping burden for maintaining their records under the revised retention periods. In addition, the Commission is interested in learning if and what savings were achieved by the jurisdictional companies by freeing up storage space formerly used for retaining records. The Commission implements these filing requirements in the Code of Federal Regulations
(CFR)under 18 parts 125, 225 and 356. 5. *Respondent Description:* The respondent universe currently comprises 535 companies (on average per year) subject to the Commission's jurisdiction. 6. *Estimated Burden:* 1,285,070 total hours, 535 respondents (average per year), 1 response per respondent, and 2402 hours per respondent for recordkeeping (average). 7. *Estimated Cost Burden to Respondents:* 1,285,070 hours/2080 hours per years × $107,185 per year = $66,221,263 or $123,778 per respondent. **Statutory Authority:** Sections 301, 304 and 309 of the Federal Power Act
(FPA)(16 U.S.C. 825, 825c and 825h), Sections 8, 10, and 16 of the Natural Gas Act
(NGA)(Pub. L. 75-688) (15 U.S.C. 717-717w) and Section 20 of the Interstate Commerce Act (ICA 49 U.S.C. 20). Magalie R. Salas, Secretary. Docket No. IC04-555-001 [FR Doc. E4-2512 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-301-116] ANR Pipeline Company; Notice of Negotiated Rate Filing September 29, 2004. Take notice that on September 22, 2004, ANR Pipeline Company
(ANR)tendered for filing and approval seven amendments to existing negotiated rate service agreements between ANR and Wisconsin Gas Company. ANR requests that the Commission accept and approve the subject negotiated rate agreement amendments to be effective November 1, 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 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. E4-2520 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-603-000] CenterPoint Energy Gas Transmission Company; Notice of Proposed Changes in FERC Gas Tariff September 30, 2004. Take notice that on September 21, 2004, CenterPoint Energy Gas Transmission Company
(CEGT)tendered for filing as part of its FERC Gas Tariff, Sixth Revised Volume No. 1, the following revised tariff sheets to be effective November 1, 2004: Fourth Revised Sheet No. 17, Fourth Revised Sheet No. 18, Fourth Revised Sheet No. 19, Fourth Revised Sheet No. 31, Fourth Revised Sheet No. 32. CEGT states that the purpose of this filing is to adjust CEGT's fuel percentages and Electric Power Costs
(EPC)Tracker pursuant to Sections 27 and 28 of its General Terms and Conditions. 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. E4-2501 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-349-000] Columbia Gas Transmission Corporation; Renotice of Application and Extension of Time September 30, 2004. On June 8, 2004, the Commission issued the following Notice of Application (Notice) in the above-docketed proceeding. The Notice was issued and served on all parties to the proceeding but inadvertently, the Notice was not published in the **Federal Register.** By the instant notice, the initial Notice is reissued and the time for filing interventions, comments, and protests is extended to and including October 12, 2004. The text of the initial Notice follows. On June 3, 2004, Columbia Gas Transmission Corporation (Columbia), at 12801 Fair Lakes Parkway, Fairfax, Virginia 22030-0146, filed an application in the above referenced docket, pursuant to Sections 7(b) and 7(c) of the Natural Gas Act, as amended, to abandon its storage injection/withdrawal Well 8901, to construct new injection/withdrawal Well 12446 and appurtenances including 0.01 mile of 6-inch well line (SLW-12446), and extend SLW-9623 0.02 mile with 4-inch pipeline, all located in Ashland County, Ohio in Columbia's Pavonia Storage Field. 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 “e-Library” 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 at *FERCOnlineSupport@ferc.gov* or toll free,
(866)208-3676, or TTY, contact
(202)502-8659. Any questions regarding this application should be directed to counsel for Columbia, Fredric J. George, at
(304)357-2359, fax
(304)357-3206. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below 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). 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 in the proceeding with the Commission and must mail a copy to the applicant and to every other party. 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. 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 project. 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 project 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 project 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. Protests and interventions may be filed electronically via the Internet in lieu of paper; *see* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* October 12, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2508 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-411-000 and CP04-416-000] Crown Landing LLC, Texas Eastern Transmission, LP; Notice of Applications September 29, 2004. Take notice that on September 16, 2004, Crown Landing LLC (Crown Landing), 501 WestLake Park Boulevard, Houston, Texas 77079, filed an application, in Docket No. CP04-411-000, seeking authorization pursuant to section 3 of the Natural Gas Act
(NGA)and Part 153 of the Commission's regulations to site, construct and operate a liquefied natural gas
(LNG)terminal in Logan Township, Gloucester County, New Jersey on the Delaware River. The LNG terminal will receive and unload LNG carriers from around the world, store the equivalent of 9.2 Bcf of natural gas and provide a baseload send-out capacity of 1.2 Bcfd. Crown Landing requests approval of its request by July 1, 2005. Any questions regarding this application should be directed to Lauren B. Segal, Vice President, Crown Landing LLC, 501 WestLake Park Blvd., Houston, Texas 77079 or phone (281)366-2259 or FAX (281)366-2753. Also take notice that on September 17, 2004, Texas Eastern Transmission, LP (Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056-5310, filed an application, in Docket No. CP04-416-000, for a certificate of public convenience and necessity, pursuant to section 7(c) of the NGA and Part 157 of the Commission(s regulations, to construct, install, own, operate and maintain certain pipeline facilities, referred to as the Logan Lateral, in Delaware County, Pennsylvania and Gloucester County, New Jersey. The Logan Lateral will consist of 11 miles of 30-inch pipeline capable of transporting approximately 0.9 Bcfd of regasified LNG from Crown Landing's proposed LNG terminal, located in New Jersey, across the Delaware River to an interconnection with Texas Eastern's pipeline system in Pennsylvania. Texas Eastern also requests authorization to implement an incremental initial rate to provide firm transportation service on the Logan Lateral under its existing Rate Schedule MLS-1. The estimated cost of the Logan Lateral is approximately $77.3 million. Any questions regarding this application should be directed to Steven E. Tillman, General Manager, Regulatory Affairs, Texas Eastern Transmission, LP, P.O. Box 1642, Houston, Texas 77251-1642 or phone
(713)627-5113 or FAX
(713)627-5947. These applications are on file with the Commission and open to public inspection. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at (866)208-3676, or, for TTY, contact
(202)502-659. On January 8, 2004, the Commission staff granted Crown Landing's request to utilize the National Environmental Policy Act
(NEPA)Pre-Filing Process and assigned Docket No. PF04-2-000 to staff activities involving Crown Landing. Now, as of the filing of Crown Landing's application on September 16, 2004, the NEPA Pre-Filing Process for Crown Landing's project is closed. From this time forward, Crown Landing's proceeding will be conducted in Docket No. CP04-411-000. On January 20, 2004, the Commission staff also granted Texas Eastern's request to utilize the NEPA Pre-Filing Process and assigned Docket No. PF04-5-000 to staff activities involving Texas Eastern. Now, as of the filing of Texas Eastern's application on September 17, 2004, the NEPA Pre-Filing Process for Texas Eastern's project is closed. From this time forward, Texas Eastern's proceeding will be conducted in Docket No. CP04-416-000. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, 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). 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. 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 project. 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 project provide copies of their protests only to the party or parties directly involved in the protest. Persons may also wish to comment further only on the environmental review of this project. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of environmental documents issued by the Commission, and will be notified of meetings associated with the Commission's environmental review process. Those persons, organizations, and agencies who submitted comments during the NEPA Pre-Filing Processes in Docket Nos. PF04-2-000 and PF04-5-000 are already on the Commission staff's environmental mailing list for the proceeding in the above dockets and may file additional comments on or before the below listed comment date. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, environmental commenters are also not parties to the proceeding and will not receive copies of all documents filed by other parties or non-environmental documents issued by the Commission. They will not have the right to seek court review of any final order by Commission in this proceeding. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. Comment Date: October 20, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2521 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-383-060] Dominion Transmission, Inc.; Notice of Negotiated Rate September 29, 2004. Take notice that, on September 22, 2004, Dominion Transmission, Inc.
(DTI)submitted a compliance filing pursuant to the Commission's Order Approving Abandonment, Accepting Negotiated Rate Agreement, and Accepting Tariff Sheet, Subject to Condition, 108 FERC 61,106 (2004), at Docket No. RP96-383-059. Specifically, DTI tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheet, to become effective the later of October 1, 2004: Substitute Fourth Revised Sheet No. 1401. Dominion Transmission, Inc. states that copies of the filing were served on parties on the official service list in the above captioned proceeding. 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 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. E4-2519 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests September 29, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No.:* 2232-476. c. *Date Filed:* September 14, 2004. d. *Applicant:* Duke Power, a division of Duke Energy Corporation. e. *Name of Project:* Catawba-Wateree Project. f. *Location:* This project is located on the Catawba and Wateree Rivers, in nine counties in North Carolina (Burke, Alexander, McDowell, Iredell, Caldwell, Lincoln, Catawaba, Gaston, and Mecklenburg Counties) and five counties in South Carolina (York, Chester, Lancaster, Fairfield and Kershaw Counties). This project does not occupy any Tribal or Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a) 825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative; Duke Energy Corporation; P.O. Box 1006; Charlotte, NC; 28201-1006;
(704)382-8576. i. *FERC Contact:* Any questions on this notice should be addressed to Kate DeBragga at
(202)502-8961, or by e-mail: *Kate.DeBragga@ferc.gov.* j. *Deadline for filing comments and or motions:* October 25, 2004. *All documents (original and eight copies) should be filed with:* Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2197-068) on any comments or motions filed. 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 e-filings. k. *Description of Request:* Duke Power, licensee for the Catawba-Wateree Hydroelectric Project, has requested Commission approval to lease 0.480 acres of project lands for non-project use. Duke Power proposes to lease these lands to Sunset Point, LLC, for the purpose of constructing a commercial/residential marina. The marina facility will consist of one cluster dock with 14 boat docking locations, and will be constructed of high quality, heavy-duty 14 gauge aluminum and an encapsulated foam flotation system. The dock will be constructed offsite and floated into place. No dredging is proposed. The marina facility will provide access to Lake James for the residents of the Sunset Point development, located in McDowell County, North Carolina. l. *Location of the Application:* This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. 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. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described applications. A copy of the applications 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. 3 Project No. 2413-063 [FR Doc. E4-2513 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES04-46-001] El Paso Electric Company; Notice of Application September 29, 2004. Take notice that on September 24, 2004, El Paso Electric Company amended its application submitted pursuant to section 204 of the Federal Power Act seeking authorization to issue up to $150 million of long-term debt. The amendment contains additional information related to El Paso Electric Company's ongoing operations and financial condition. 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 any parties in 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 “eFiling” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on October 6, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2511 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-606-000] Missouri Interstate Gas, L.L.C.; Notice of Filing September 29, 2004. Take notice that on September 22, 2004, Missouri Interstate Gas, L.L.C. (Missouri Interstate) tendered for filing with the Federal Energy Regulatory Commission (Commission), a Revised Tariff Sheet No. 52. The tariff sheet was filed to comply with the Commission's Order issued on July 7, 2004, in this docket. 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. E4-2517 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-607-000] North Baja Pipeline, LLC; Notice of Proposed Changes in FERC Gas Tariff September 29, 2004. Take notice that on September 23, 2004, North Baja Pipeline, LLC
(NBP)tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, to become effective October 25, 2004: First Revised Sheet No. 100, Second Revised Sheet No. 105, First Revised Sheet No. 166, Original Revised Sheet No. 202, Sheet Nos. 203-229. NBP states that these tariff sheets are being submitted to make certain minor conforming changes to its Tariff to implement the requirements of Order Nos. 2004, *et seq.* , and the Standards of Conduct pursuant to Part 358 of the Commission's regulations. NBP further states that a copy of this filing has been served on NBP'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. E4-2518 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-419-000] Northern Natural Gas Company; Notice of Application September 29, 2004. Take notice that on September 22, 2004, Northern Natural Gas Company (Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed in Docket No. CP04-419-000 an application pursuant to Section 7(b) of the Natural Gas Act and Part 157 of the Commission's Regulations, for permission and approval to abandon a natural gas pipeline suspension bridge (and its appurtenant facilities) spanning the Missouri River in Dakota County, Nebraska, and Woodbury County, Iowa, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “FERRIS” link, select “Docket #” and follow the instructions (call
(202)502-8222 or for TTY,
(202)502-8659). Northern proposes to abandon by removal a 2,640-foot cable suspension bridge which supports 3,170 feet of the B-Line's 16-inch diameter pipeline spanning the Missouri River in Dakota and Woodbury Counties. Northern estimates that it will spend $550,000 of internally generated funds to abandon and remove the pipe, support cables, anchor structures, and concrete foundations that support the overall bridge structure. Northern states that the concrete foundations will be removed down to two feet below the existing grade. Northern further states that it replaced the suspension bridge's B-Line pipeline segment with a 16-inch diameter pipeline via directional drilling under the Missouri River under Northern's blanket authority granted in Docket No. CP82-401-000 1 and will be reported in Northern's Annual Report to be filed on or before May 1, 2005. Northern also states that no firm service would be lost to its existing customers since Northern replaced the existing B-Line on the suspension bridge via directional drilling. 1 20 FERC ¶ 62,410 (1982). Any questions regarding this application should be directed to Michael T. Loeffler, Director, Certificates and Reporting for Northern, 1111 South 103rd Street, Omaha, Nebraska 68124, at
(402)398-7103 or Donna Martens, Senior Regulatory Analyst, at
(402)398-7138. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, 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). 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. 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 project. 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 project 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 project 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. 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. *Comment Date:* October 18, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2510 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-138-000] PJM Interconnection, L.L.C., American Electric Power Service Corporation; Notice of Initation of Investigation and Refund Effective Date September 30, 2004. On September 28, 2004, the Commission issued an order in the above-referenced proceeding initiating an investigation under section 206 of the Federal Power Act to examine the just and reasonableness of American Electric Power Service Corporation's hold harmless payments. The Commission's September 28, 2004 Order established the refund effective date as 60 days from the issuance date of the Order. Magalie R. Salas, Secretary. [FR Doc. E4-2502 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-513-033] Questar Pipeline Company; Notice of Negotiated Rates September 29, 2004. Take notice that on September 22, 2004 Questar Pipeline Company (Questar) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Thirty-Fourth Revised Sheet No. 7, with an effective date of September 22, 2004. Questar states that the tariff filing is being filed to reflect the addition of two new negotiated-rate contracts with its customers. Questar states that its negotiated-rate contract provisions were authorized by Commission orders issued October 27, 1999, and December 14, 1999, in Docket Nos. RP99-513, *et. al.* The Commission approved Questar's request to implement a negotiated rate option for Rate Schedules T-1, NNT, T-2, PKS, FSS and ISS shippers. Questar states that it submitted its negotiated-rate filing in accordance with the Commission's Policy Statement in Docket Nos. RM95-6-000 and RM96-7-000 issued January 31, 1996. Questar states that a copy of this filing has been served upon all parties to this proceeding, Questar's customers, the Public Service Commission of Utah and the Public Service Commission of Wyoming. 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. E4-2509 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2101-074—California] Sacramento Municipal Utility District; Notice of Designation of Certain Commission Personnel as Non-Decisional September 30, 2004. Commission staff member Michael Henry (Office of Energy Projects; 503-552-2762; *mike.henry@ferc.gov* ) is assigned to help resolve environmental and other issues associated with the development of a comprehensive settlement agreement for the South Fork American River Project. The parties involved in the settlement process wish to complete a comprehensive settlement agreement and file an offer of settlement before the license application is due in July 2005. As non-decisional staff, Mr. Henry 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 once it is filed for the project. Different Commission advisory staff will be assigned to review any offer of settlement or settlement agreement, and process the relicense application, including providing advice to the Commission with respect to the agreement and application. Non-decisional staff and advisory staff will be prohibited from communicating with one another concerning any filed settlement and relicense application for the project. Magalie R. Salas, Secretary. [FR Doc. E4-2504 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-602-000] TransColorado Gas Transmission Company; Notice of Tariff Filing September 30, 2004. Take notice that on September 20, 2004, TransColorado Gas Transmission Company (TransColorado) tendered for filing with the Federal Energy Regulatory Commission (Commission) certain tariff sheets to become part of its FERC Gas Tariff, First Revised Volume No. 1 (Tariff) to be effective November 1, 2004. TransColorado states that the purpose of this filing is to
(1)supplement Section 7 of the General Terms and Conditions (GT&C) of TransColorado's tariff to establish rollover rights and to expand the availability of the right of first refusal tariff provisions for shippers on the pipeline; and
(2)add provisions to TransColorado's tariff so that delivery pressure may be mutually agreed upon between TransColorado and its shippers. TransColorado states that a copy of this filing has been served upon on all of its customers and effected 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. E4-2507 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-605-000] Transcontinental Gas Pipe Line Corporation; Notice of Expedited Approval of a Limited Waiver of Tariff September 29, 2004. Take notice that on September 23, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing a request for expedited approval of a waiver of the penalty provisions of Section 19.1(e) and 19.2(e) of the General Terms and Conditions of Transco's FERC Gas Tariff until such time as Transco has filed for and obtained approval of any revisions to Section 19. Transco requests that the Commission issue an order granting the requested waiver by October 10, 2004 to enable Transco to apply the waiver to the invoices for September 2004 business. 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. E4-2516 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-601-000] Transwestern Pipeline Company; Notice of Tariff Filing September 29, 2004. Take notice that on September 20, 2004, Transwestern Pipeline Company (Transwestern) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1 (“Tariff”), to become effective November 1, 2004: Second Revised Volume No. 1, Sixteenth Revised Sheet No. 5B.02. Transwestern's Stipulation and Agreement filed on May 2, 1995, in Docket No. RP95-271, *et al.,* as amended by Transwestern's Stipulation and Agreement filed on May 21, 1996, provided for annual adjustments to the Settlement Base Rates
(SBRs)beginning November 1, 1998. Transwestern states that the purpose of the instant filing is to set forth the factors and calculations used in determining the adjustments to the SBRs and to revise the SBRs to be effective November 1, 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 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. E4-2515 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-1018-001, et al.] American Electric Power Service Corporation, *et al.* ; Electric Rate and Corporate Filings September 21, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. American Electric Power Service Corporation [Docket No. ER04-1018-001] Take notice that on September 14, 2004, American Electric Power Service Corporation (AEPSC) on behalf of Ohio Power Company
(OPC)and Columbus Southern Power Company
(CSP)has submitted a compliance filing pursuant to the Commission's Letter Order issued September 10, 2004, in Docket No. ER04-1018-000. AEPSC states that a copy of the filing was served upon the Parties and the state utility regulatory commission of Ohio. *Comment Date:* 5 p.m. eastern time on October 5, 2004. 2. New York State Electric & Gas Corporation [Docket No. ER04-1061-001] Take notice that on September 15, 2004, New York State Electric & Gas Corporation (NYSEG) submitted for filing a Substitute Original Service Agreement No. 335 under the New York Independent System Operator, Inc. FERC Electric Tariff Original Vol. No. 1 that sets forth the terms and conditions governing the interconnection between Windfarm Prattsburgh, LLC's
(WFPB)generating facility in Steuben and Yates Counties, New York and NYSEG's transmission system. NYSEG states that copies of the filing were served upon WFPB, the New York State Public Service Commission, and the New York Independent System Operator, Inc. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 3. New England Power Pool and ISO New England Inc. [Docket No. ER04-1219-000] Take notice that on September 14, 2004, the New England Power Pool (NEPOOL) Participants Committee and ISO New England Inc. (ISO-NE) jointly submitted a filing pursuant to section 205 of the Federal Power Act requesting acceptance of Amendment No. 5 (Amendment) to the Interim Independent System Operator Agreement (ISO Agreement) dated July 1, 1997, between ISO-NE and the NEPOOL Participants. NEPOOL Participants Committee and ISO state that the Amendment extends the term of the ISO Agreement to no later than April 1, 2005, in accordance with certain terms of the Settlement Agreement Resolving Specified Issues (the Settlement Agreement) filed September 14, 2004, by NEPOOL, ISO-NE and the New England transmission owners which are parties thereto in Docket Nos. RT04-2-004, ER04-116-004, and EL01-39-004. NEPOOL and ISO-NE request an effective date of November 1, 2004. The NEPOOL Participants Committee and ISO-NE state that copies of these materials were sent to the NEPOOL Participants and the New England state governors and regulatory commissions. *Comment Date:* 5 p.m. eastern time on October 5, 2004. 4. Caprock Wind LLC [Docket No. ER04-1220-000] Take notice that on September 14, 2004, Caprock Wind LLC (Caprock) submitted for filing with the Commission an application requesting that the Commission accept its Market-Based Tariff for filing grant it the authority to sell energy in wholesale transactions at negotiated, market-based rates. Caprock request an effective date of November 1, 2004. *Comment Date:* 5 pm Eastern Time on October 5, 2004. 4. Mankato Energy Center, LLC [Docket No. ER04-1221-000] Take notice that on September 14, 2004, Mankato Energy Center, LLC (Makato) tendered for filing, under section 205 of the Federal Power Act, a request for authorization to make wholesale sales of electric energy, capacity, replacement reserves, and ancillary services at market-based rates, to reassign transmission capacity, and to resell firm transmission rights. Monkato states that it will be engaged in the development, construction, ownership, and operation of a nominal 730 megawatt gas-fired combined cycle electric generating facility to be located in Mankato, Blue Earth County, Minnesota. Applicant requests an effective date of February 1, 2006. *Comment Date:* 5 p.m. eastern time on October 5, 2004. 6. DB Energy Trading LLC, a Delaware Limited Liability Company DB Energy Trading LLC, a Cayman Islands Limited Liability Company [Docket No. ER04-1222-000] Take notice that on September 14, 2004, DB Energy Trading LLC, a Delaware limited liability company (Applicant), tendered for filing its application for market-based rate authorization to sell energy and capacity at market-based rates, reassign transmission capacity and resell firm transmission rights and requesting certain waivers and blanket approvals. DB Energy Trading LLC, a Cayman Islands limited liability company (DB Energy (Cayman)), submitted, a Notice of Cancellation of DB Energy (Cayman's) Electric Rate Schedule FERC No. 1. *Comment Date:* 5 p.m. eastern time on October 5, 2004. 7. Deseret Generation & Transmission Co-operative, Inc. [Docket No. ER04-1224-000] Take notice that on September 15, 2004 Deseret Generation & Transmission Co-operative, Inc. (Deseret) tendered for filing an amendment to First Revised Service Agreement No. 6 under Deseret's FERC Electric Tariff, Original Volume 1. Deseret states that the amendment includes an Agreement for Large Industrial Incentive Rate between Deseret and one of its members, Mt. Wheeler Power, Inc. Deseret requests an effective date of September 1, 2004. Deseret states that copies of this filing have been served upon Deseret's member cooperatives. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 8. NEGT Energy Trading—Power, L.P. [Docket No. ER04-1225-000] Take notice that on September 15, 2004, NEGT Energy Trading—Power, L.P. (Energy Trading) submitted a Notice of Cancellation of Rate Schedule FERC No. 1, originally accepted for filing and made effective December 13, 1995, in Docket No. ER95-1625-000, and redesignated as PG&E Energy Trading—Power, L.P., rate schedule and supplements, made effective January 1, 1998, in Docket No. ER98-1370-000. Energy Trading states that the Notice of the proposed cancellation has not been served on any party because NEGT Energy Trading—Power, L.P. is not currently engaged in any sales of electric power or entered into any power or related contracts with any purchasers. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 9. PJM Interconnection, L.L.C. [Docket No. ER04-1226-000] Take notice that on September 15, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing an executed interconnection service agreement
(ISA)among PJM, PPL Montour, L.L.C., and PPL Electric Utilities Corporation, and a notice of cancellation of an interconnection service agreement that has been superseded. PJM requests an effective date of August 16, 2004. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 10. PJM Interconnection, L.L.C. [Docket No. ER04-1227-000] Take notice that on September 15, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing an executed interconnection service agreement
(ISA)among PJM, PPL Holtwood, L.L.C., and PPL Electric Utilities Corporation, and a notice of cancellation of an interim interconnection service agreement that has been superseded. PJM requests an effective date of August 16, 2004. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 11. California Independent System Operator Corporation [Docket No. ER04-1228-000] Take notice that, on September 15, 2004, the California Independent System Operator Corporation
(ISO)submitted an informational filing as to the ISO's revised transmission Access Charge rates for the period of August 13, 2003, through December 31, 2003, to implement the settled rate for Pacific Gas and Electric Company TO6. The ISO states that this filing has been served upon the Public Utilities Commission of the State of California, the California Energy Commission, the California Electricity Oversight Board, the Participating Transmission Owners, and upon all parties with effective Scheduling Coordinator Service Agreements under the ISO Tariff. In addition, the ISO is posting the filing on the ISO home page. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 12. New York Independent System Operator, Inc. [Docket No. ER04-1229-000] Take notice that on September 15, 2004, the New York Independent System Operator, Inc. (NYISO) filed revisions to its Open-Access Transmission Tariff and Market Administration and Control Area Services to implement a new cost allocation methodology under Rate Schedule 1 of each tariff. NYISO requests an effective date of January 1, 2005. NYISO states that it has electronically served a copy of this filing on the official representative of each of its customers, on each participant in its stakeholder committees, and on the New York State Public Service Commission, on the electric utility regulatory agencies of New Jersey and Pennsylvania. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 13. NorthWestern Energy [Docket No. ER04-1231-000] Take notice that on September 16, 2004, NorthWestern Corporation, doing business as NorthWestern Energy (NorthWestern) submitted a Generation Interconnection Agreement between NorthWestern Corporation and NorthWestern Energy, L.L.C. *Comment Date:* 5 p.m. eastern time on October 7, 2004. 14. Pacific Gas and Electric Company [Docket No. ER04-1233-000] Take notice that on September 15, 2004, Pacific Gas and Electric Company (PG&E) submitted a conditional section 205 filing that included proposed amendments to the Scheduling Coordinator Services Tariff (SCS Tariff), FERC Electric Tariff First Revised Volume 9. PG&E states that copies of this filing have been served upon the California Public Utilities Commission, all parties designated on the Official Service List compiled by the Federal Energy Regulatory Commission in Docket No. ER00-565-000 and the ISO. *Comment Date:* 5 p.m. eastern time on October 6, 2004. 15. International Transmission Company [Docket No. ER04-1234-000] Take notice that, on September 16, 2004, as supplemented on September 20, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and International Transmission Company (International Transmission Company) submitted a filing with the Commission requesting changes to Attachment O of Midwest ISO's Open Access Transmission Tariff (OATT), applicable to rates for transmission service in the International Transmission pricing zone. Midwest ISO and International Transmission Company state that the changes are filed to further comply with *International Transmission Company,* 107 FERC ¶ 61,089 (2004), which required International Transmission to make accounting changes and to reflect certain of the changes in the OATT. Midwest ISO and International Transmission also state that its filing will also make the Attachment O tariff sheets consistent with Exhibits A and B that the Commission approved by order issued on July 2, 2003, in Docket No. ER03-343-001, *International Transmission Company,* 104 FERC ¶ 61,033 (2003), and by Commission Letter Order issued on July 14, 2004, in Docket No. ER03-343-005. Furthermore, the Midwest ISO and International Transmission Company, filed ministerial changes to Attachment O of Midwest ISO's OATT. Midwest ISO states that it has electronically served a copy of this filing, with attachments, 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 within the region. In addition, the filing has been electronically posted on the Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO will provide hard copies to any interested parties upon request. *Comment Date:* 5 p.m. eastern time on October 7, 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. E4-2496 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG04-87-000, et al.] White Pine Electric Power, L.L.C., et al.; Electric Rate and Corporate Filings September 28, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. White Pine Electric Power, L.L.C. [Docket No. EG04-87-000] Take Notice that on September 27, 2004, White Pine Electric Power, L.L.C. (White Pine) filed with the Commission an amendment to its July 27, 2004, as amended on August 31, 2004, application for determination of exempt wholesale generator status. In the September 27, 2004 filing, White Pine modifies its request concerning authorization to engage in the sale of purified water and compressed air. Comments on the September 27, 2004 filing are due on October 6, 2004. White Pine's amendment filed on August 31, 2004 was noticed on September 20, 2004 with a comment date of October 12, 2004. By this notice, the date for submitting comments on White Pine's August 31, 2004 amendment is shortened to October 6, 2004. *Comment Date:* 5 p.m. Eastern Time on October 6, 2004. 2. Fibrominn LLC [Docket No. EG04-103-000] Take notice that on September 24, 2004, Fibrominn LLC (Fibrominn) with a principal place of business at 301 Oxford Valley Road, Makefield Executive Quarters, Suite 704A, Yardley, PA 19067, filed with the Commission an Application for Determination of Exempt Wholesale Generator Status pursuant to Part 365 of the Commission's regulations in connection with Fibrominn's intended leasehold interest in a new 50 MW (nominal) biomass generating facility to be constructed in the City of Benson, Minnesota that is to be owned by PowerMinn 9090, LLC. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 3. Xcel Energy Services, Inc. [Docket No. ER99-1610-006] Take notice that on September 7, 2004, Xcel Energy Services, Inc. (Xcel Energy Inc.) (formerly New Century Services, Inc.) on behalf of Southwestern Public Service Company
(SPS)and Golden Spread Electric Cooperative, Inc., pursuant to the Commission's order issued August 5, 2004 Establishing Paper Hearing in the above caption docket, submitted a joint letter indicating that it no longer owns any marketing affiliates that would qualify to make purchases from SPS (or any sister operating companies within the Xcel Energy system). Xcel Energy also states that it has no current plans to establish a new marketing affiliate and that there is no present need to resolve the issue raised in the Remand Order in *Golden Spread Electric Cooperative, Inc.* v. *Federal Energy Regulatory Commission* , 319 F.3d 522 (D.C. Circuit 2003) (Remand Order). *Comment Date:* 5 p.m. Eastern Time on October 7, 2004. 4. Midwest Independent Transmission System Operator, Inc. and PJM Interconnection, L.L.C. [Docket No. ER04-375-009] Take notice that on September 24, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and PJM Interconnection, L.L.C. (PJM), amended their September 7, 2004 compliance filing in Docket No. ER04-375-000 to submit, at the Commission's request, the Joint Operating Agreement Between the Midwest Independent Transmission System Operator, Inc. and PJM Interconnection, L.L.C. (JOA), including the Congestion Management Process (CMP), in its entirety, and to include in the CMP graphics that were inadvertently omitted due to software errors. PJM states that copies of this filing, including Original Sheet Nos. 225A, 239A, and 242A, and Substitute Original Sheet No. 238, but *excluding* the full JOA and CMP, were served upon all persons on the official service list compiled by Secretary in this proceeding, as well as all PJM members, and each state electric utility regulatory commission in the PJM regions. PJM will promptly post the complete revised volume of the JOA, including the CMP, on PJM's Web site ( *http://www.pjm.com* ) and will deliver a hard copy to any person upon request. PJM also states that it has requested waiver, to the extent required, of Rule 2010(a) to accommodate this request. Service upon the Midwest ISO members and other stakeholders also was requested to be waived; however, the filing is available on the Midwest ISO Internet site ( *www.midwestiso.org* ). *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 5. PJM Interconnection, L.L.C. [Docket Nos. ER04-653-004, ER04-742-002, and ER04-1077-001] Take notice that on September 24, 2004, PJM Interconnection, L.L.C. (PJM), in compliance with the Commission's order issued September 17, 2004 in Docket No. ER04-1077-000, 108 FERC ¶ 61,246, order issued September 21, 2004 in Docket No. ER04-742-001, 108 FERC ¶ 61,269, and order issued September 22, 2004 in Docket No. ER04-653-002, 108 FERC ¶ 61,307, submitted for filing amendments to the Amended and Restated Operating Agreement of PJM Interconnection, L.L.C. and the PJM Open Access Transmission Tariff to specify the rules for a temporary mitigation measure addressing customers in new PJM transmission zones that do not receive nominated financial transmission rights up to their pre-existing long-term firm transmission contract levels. PJM requests an effective date of May 1, 2004. PJM states that copies of this filing have been served on all PJM members, the utility regulatory commissions in the PJM region, and all persons on the official service list compiled by the Secretary in this proceeding. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 6. NEGT Energy Trading—Power, L.P. [Docket No. ER04-1225-001] Take notice that on September 24, 2004, NEGT Energy Trading—Power, L.P. (Energy Trading) submitted an amendment to its September 15, 2004 filing of a Notice of Cancellation of its Rate Schedule FERC No. 1. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 7. Public Service Company of New Hampshire [Docket No. ER04-1238-000] Take notice that on September 24, 2004, Northeast Utilities Service Company (NUSCO), on behalf of its affiliate Public Service Company of New Hampshire (PSNH), filed the executed Distribution Interconnection and Operating Agreement (the Agreement) by and between PSNH and Fraser N.H., LLC (Fraser), Great Lakes Hydro America, LLC
(GLHA)and White Mountain Energy, LLC (White Mountain and together with Fraser and GLHA, the Non-PSNH Parties). NUSCO states that under the Agreement, the Non-PSNH Parties' existing generating units are, and their proposed new generating unit will be, interconnected to existing 22 kV PSNH radial distribution lines that PSNH has been using to deliver retail electricity to Fraser and its predecessors for decades. NUSCO requests an effective date of September 24, 2004. NUSCO states that a copy of this filing has been sent to the Non-PSNH Parties and they fully consent to and support this filing. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 8. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-1239-000] Take notice that on September 24, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing a Notice of Succession of certain Transmission Service Agreements and Network Integration Transmission Service and Operating Agreements entered into by and between Illinois Power Company and various transmission customers. The Midwest ISO requests an effective date of October 1, 2004. Midwest ISO states that it has served a copy of this filing upon the affected customers. In addition, the Midwest ISO has electronically served a copy of this filing, with attachments, 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 within the region. In addition, the filing has been electronically posted on the Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. Midwest ISO also states that it will provide hard copies to any interested parties upon request. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 9. American Electric Power Service Corporation [Docket No. ER04-1240-000] Take notice that on September 24, 2004, the American Electric Power Service Corporation (AEPSC), tendered for filing a Network Integration Transmission Service Agreement for Indiana Municipal Power Agency, designated as Service Agreement No. 567 under the Operating Companies of the American Electric Power System FERC Electric Tariff Third Revised Volume No. 6. AEPSC requests an effective date of September 1, 2004. AEPSC states that a copy of the filing was served upon the Parties and the state utility regulatory commissions of Indiana, Kentucky, Michigan, Ohio, Tennessee, Virginia and West Virginia. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 10. PJM Interconnection, L.L.C. [Docket No. ER04-1243-000] Take notice that on September 24, 2004, PJM Interconnection, L.L.C.
(PJM)submitted amendments to Schedule 2 of the PJM Open Access Transmission Tariff to incorporate the revenue requirements for Reactive Supply and Voltage Control From Generation Sources Service (Reactive Power) for Midwest Generation, LLC (MWGen), Duke Energy Lee, LLC (Duke Lee), Fairless Energy, LLC (Fairless Energy), PPL University Park, LLC (PPL-UP), Conectiv Bethlehem, LLC (CBLLC) and Calpine Energy Services, LP (CES), and to correct minor typographical errors. PJM states that copies of this filing have been served on all PJM members, including MWGen, Duke Lee, Fairless Energy, CES, PPL-UP, and CBLLC, and each state electric utility regulatory commission in the PJM region. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 11. NorthPoint Energy Solutions Inc. [Docket No. ER04-1244-000] Take notice that on September 24, 2004, NorthPoint Energy Solutions Inc. tendered for filing a request for:
(1)Approval of its FERC Rate Schedule No. 1 for the sale of electric energy and capacity at market-based rates,
(2)approval of the waiver of certain Commission regulations, and
(3)approval of certain waivers of the Commission's regulations. NorthPoint requests an effective date of December 1, 2004. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 12. Fibrominn LLC [Docket No. ER04-1245-000] Take notice that on September 24, 2004, Fibrominn LLC, (Fibrominn) tendered for filing a request for:
(1)Approval of its Rate Schedule No. 1 authorizing it to engage in sales at market-based rates,
(2)approval of certain waivers of the Commission regulations, and
(3)approval of certain blanket authorizations in connection with a facility to be built in Benson, Minnesota. *Comment Date:* 5 p.m. Eastern Time on October 15, 2004. 13. Midwest Generation, LLC [Docket No. ER04-1246-000] Take notice that on September 24, 2004 Midwest Generation, LLC (MWGen) tendered for filing a Notice of Cancellation of its FERC Electric Tariff, Original Volume No. 4, to be effective October 1, 2004. MWGen states that copies of the filing were served upon Commonwealth Edison Company and PJM Interconnection, L.L.C. *Comment Date:* 5 p.m. Eastern Time on October 15, 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. E4-2497 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 289-013] Louisville Gas and Electric Company; Notice of Site Visit September 29, 2004. On November 4, 2004, the Office of Energy Projects staff will participate in an on-site visit of the Ohio Falls Hydroelectric Project located on the Ohio River in Jefferson County, Kentucky. This project is located at the U.S. Army Corp of Engineer's McAlpine Locks and Dam Project. The site visit will begin at 9 a.m.
(EST)and last approximately four hours. The site visit will begin at Louisville Gas and Electric's office located at 220 West Main Street, Louisville, Kentucky (corner of 3rd and Main Street). The purpose of the site visit is for Louisville Gas and Electric to show the project features and explain the proposal for modernizing and rehabilitating the hydroelectric facility. The proposal is included in the application for a new major license, filed on October 7, 2003. All interested parties and individuals are welcome to attend the site visit. Due to public safety and security concerns all interested parties must contact Mr. Roger Hickman, Regulatory Affairs, Louisville Gas and Electric, 220 West Main Street, Louisville, Kentucky 40202,
(502)627-4031, e-mail *roger.hickman@lgeenergy.com.* by October 27, 2004, to arrange to attend. Please provide Mr. Hickman your name and the entity you represent. Any questions concerning this notice should be directed to John Costello at
(202)502-6119, e-mail *john.costello@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E4-2514 Filed 10-5-04; 8:45am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 803—California] Pacific Gas and Electric; Notice of Site Visit September 30, 2004. On October 27 and October 28, 2004, the Federal Energy Regulatory Commission (Commission) Staff and Pacific Gas and Electric Company, the applicant, will conduct an on-site visit of the DeSabla Project located on Butte Creek and the West Branch of the Feather River, Butte County, California. Under the Integrated Licensing Process (ILP), the Commission conducts its National Environmental Policy Act
(NEPA)scoping meeting within 90 days of the filing of the applicant's Notice of Intent and Pre-Application Document. A site visit is typically held in conjunction with that scoping meeting. However, scoping for this project is currently planned for November 17-18, 2004, and access to some project facilities may be limited by weather conditions. For this reason, the Commission will host the site visit earlier in the process. The Commission encourages all interested parties to participate in this site visit to ensure a productive scoping meeting in November 2004. The site visit is open to the public and resource agencies. Car pooling is encouraged as much as possible but participants may be required to provide their own transportation to most sites. Roads in upper watershed locations are unpaved and may be in poor condition—4 wheel drive is recommended. Portions of the tour may require hiking steep trails in remote locations. Weather may be cold, and possibly wet in October. Please plan accordingly. Tour days may be long, please bring food and water. A tentative schedule is provided below. Due to the logistics involved in traveling to some locations, there is the need to know the number of attendees in advance. All individuals planning to attend need to call or e-mail Susan O'Brien, FERC Team Leader, at
(202)502-8449 or *susan.obrien@ferc.gov,* no later than October 21, 2004. During the August 26 relicensing process planning meeting, several parties indicated that attendance on a weekday may not be possible and that a weekend visit to specific sites may be of interest. Parties interested in a weekend visit to specific sites should also contact Susan O'Brien. Tentative schedule for site visit (times given are in Pacific daylight savings): Wednesday, October 27, 2004—West Branch Feather River Watershed 7:45 a.m. Individuals arrive at PG&E's Camp 1 Office located on Humbug Road adjacent to DeSabla Forebay. This is approximately 2 miles north of Magalia and Magalia is approximately 3 miles north of Paradise. Camp 1 is approximately 45 minutes from Chico or Oroville. Please arrive on time. 8 a.m. *Leave* PG&E's Camp 1 Office. 10 a.m. Arrive at Snag Lake—10 minute stay. 11 a.m. Arrive at Butte House Meadows—10 minute stay. 12:30 p.m Arrive at Philbrook Reservoir—1 hour stay, including lunch break. 2:30 p.m. Arrive at Hendricks Head Dam—20 minute stay. 3:45 p.m. Arrive at Toadtown Powerhouse—30 minute stay. 4:45 p.m. Arrive back at Camp 1. Thursday, October 28, 2004—Butte Creek Watershed 7:45 a.m. Individuals arrive at PG&E's Camp 1 Office. See previous day for directions. 8 a.m. *Leave* PG&E's Camp 1 Office. 9:30 a.m. Arrive at Butte Head Dam—30 minute stay (this location is remote with very poor, narrow roads, limited parking and will require a short but very steep hike). 11:30 a.m. Arrive at DeSabla Forebay/Camp 1—1 hour stay, including lunch break. 12:30 p.m. *Leave* Camp 1 for DeSabla Powerhouse and LCDD—Private vehicle are not recommended on this portion of the tour. 2:30 p.m. Arrive back at Camp 1 and leave for Centerville Powerhouse. 4 p.m. Arrive at Centerville Powerhouse—45 minute stay. 4:45 p.m. Tour ends at Centerville Powerhouse. Magalie R. Salas, Secretary. [FR Doc. E4-2505 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2030-036] Portland General Electric and the Confederated Tribes of the Warm Springs Reservation of Oregon; Notice of Technical Conference September 30, 2004. Take notice that a technical conference will be held to discuss the Settlement Agreement and proposed draft license articles filed on July 30, 2004, by Portland General Electric and The Confederated Tribes of the Warm Springs Reservation of Oregon for the Pelton Round Butte Hydroelectric Project. This conference will be held on Tuesday, October 19, 2004, beginning at 11 a.m.
(EDT)at the Federal Energy Regulatory Commission, Hearing Room 6, 888 First Street, NE., Washington, DC 20426. Participation by video teleconference will be available at the 3 World Trade Center, Room 01A, 121 SW. Salmon Street, Portland, Oregon 97204. All local, state, and federal agencies, Indian tribes, and other interested parties are invited to participate. There will be no transcript of the conference. Please contact Nick Jayjack at
(202)502-6073 or *Nicholas.Jayjack@ferc.gov* by October 15, 2004, to RSVP. Please indicate whether you will participate in-person or by video teleconference. If you have any questions related to participation by video teleconference, please contact Marty May of Portland General Electric at 503-464-7578. Magalie R. Salas, Secretary. [FR Doc. E4-2503 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. PL04-17-000 and AD04-11-000] State of the Natural Gas Industry Conference; Staff Report on Natural Gas Storage; Notice of Public Conference September 30, 2004. The Federal Energy Regulatory Commission
(FERC)will hold a conference on October 21, 2004, to engage industry members and the public in a dialogue about policy issues facing the natural gas industry today and the Commission's regulation of the industry for the future. In each of the prior two years, the Commission held wide-ranging discussions concerning its regulatory goals for the natural gas industry (Docket Nos. PL02-9-000 and PL03-6-000). This year's conference on the state of the natural gas industry will focus on underground storage and other factors that differentiate regional natural gas deliverability and market needs. The conference will have panels and an open forum that will give all interested individuals an opportunity to raise issues. I. Scope of Inquiry A. Responses to Report The Commission seeks comments on certain findings in the FERC Staff Report, *Current State of and Issues Concerning Underground Natural Gas Storage,* released concurrently with this notice. These findings are: • The market's various methods for the valuation of storage are a challenge in matching storage's value with the cost of new storage development. • Storage may be the best way of managing gas commodity price volatility, so the long-term adequacy of storage investment depends on how much price volatility customers consider “acceptable.” • Storage projects in certain geographic areas often fail the Commission's market-based rates tests. Thus, creative policy, certificate and ratemaking approaches may encourage storage development. Examples of these approaches are: —Re-examining current cost-based pricing flexibility. —Re-examining criteria for storage market-based rates. —Re-examining certificate review and service policies. B. Investment in Storage and Pipeline Infrastructure How do existing Commission policies impact the development of new storage or pipeline infrastructure? The Commission would like to hear a discussion from entities that have recently developed new storage or pipeline projects. The Commission is also interested in hearing from parties that have recently canceled or postponed the development of new storage or pipeline infrastructure. The discussions should focus on how the decisions to develop these projects were impacted by existing Commission policies. C. Need for Uncommitted Reserve Storage and Pipeline Capacity Would a program for creating more uncommitted reserve storage and pipeline capacity be useful? In the next several years, the natural gas industry could experience increased capacity constraints and service interruptions or outages associated with facility inspection compliance activities required by the Department of Transportation. Also, recent experience with colder than normal weather has shown that certain regions' pipeline infrastructure is very near maximum capacity during such times. Other regions may approach their pipeline infrastructure's maximum capacity during peak electric generation seasons. What actions, if any, should the Commission take to create more uncommitted reserve storage and pipeline capacity? Further, if uncommitted reserve storage and pipeline capacity is needed, what level of “reserve margin” might be appropriate? What options could be used to recover the costs of such capacity reserve margins? Should certain costs of uncommitted reserve storage and pipeline capacity be given presumptive rolled-in rate treatment in pipeline rate cases, or should cost tracking mechanisms for these types of costs be developed? D. Changing Roles of Industry Segments and Commodity Price Volatility As the natural gas industry matures and experiences more service unbundling down to end use levels, the various service provider roles will continue to change/evolve. One trend that seems to be emerging is a preference to purchase gas supplies at hubs in market areas, and a corresponding desire to shed upstream capacity commitments. This market evolution may have service implications depending on who holds upstream capacity contracts, and may lead to additional service balancing issues for supply aggregators and end users alike and increased commodity price volatility. Many local distribution companies
(LDCs)are still redefining their role in the industry—will they continue their supply aggregation functions or will they become local “pipes” companies? When marketers were on the rise in many states, LDCs wanted to shed upstream capacity and supply aggregation roles in favor of having marketers handling these roles. Also, we believe that electric generators may be reluctant to commit to long-term capacity obligations, preferring to rely on downstream gas markets. In general, increased reliance on downstream markets as a substitute for capacity commitments may tend to increase seasonal commodity price volatility. The Commission is interested in hearing views on how much seasonal commodity price volatility the industry and consumers can tolerate? Are customers and the industry, in general, willing to contract for the additional storage and pipeline capacity that may be necessary to mitigate commodity price volatility? Would we be better served with more storage and pipeline capacity as insurance against commodity price volatility? II. Open Forum In addition to addressing the above mentioned issues, the Commission also seeks input from industry representatives and interested individuals regarding other issues they believe are ripe for Commission consideration in shaping its future natural gas industry regulatory policies. III. Participation The conference will be held on October 21, 2004 at the Commission's headquarters, 888 First Street, NE., in Washington, DC beginning at 9 a.m.
(EST)in the Commission's Meeting Room. The public is invited to attend. Anyone interested in being considered as a speaker to present their views at the conference should contact Richard Foley at
(202)502-8955 or at *Richard.Foley@ferc.gov* by October 12, 2004. Requests to speak should include information concerning the issue or issues the participant would like to speak on. Time constraints may not allow all requests to speak to be fulfilled. Persons requesting to speak on the same topic, with the same views, may be asked to consolidate their remarks through a single representative. We will issue further details on the conference, including the agenda and a list of participants, as plans evolve. Interested parties are urged to watch for further notices providing more information on the conference. You may register online at *http://www.ferc.gov/docs-filing/esubscriptions.asp* to be notified via e-mail of new issuances and filings related to these dockets. The conference will be transcribed. Those interested in acquiring the transcript should contact Ace Reporters at
(202)347-3700 or
(800)336-6646. Transcripts will be placed in the public record ten days after the Commission receives the transcripts. Additionally, Capitol Connection offers the opportunity for remote listening and viewing of the conference. It is available for a fee, live or over the Internet, via C-Band Satellite. Persons interested in receiving the broadcast, or who need information on making arrangements should contact David Reininger or Julia Morelli at Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.gmu.edu* and click on “FERC.” Magalie R. Salas, Secretary. [FR Doc. E4-2506 Filed 10-5-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7824-5] Request for Applications for Essential Use Exemptions to the Production and Import Phaseout of Ozone Depleting Substances Under the Montreal Protocol for the Years 2006 and 2007 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Through this action, the Environmental Protection Agency
(EPA)is requesting applications for essential use allowances for calendar years 2006 and 2007. Essential use allowances provide exemptions to the production and import phaseout of ozone-depleting substances and must be authorized by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. The U.S. Government will use the applications received in response to this notice as the basis for its nomination of essential use allowances at the Seventeenth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (the Protocol), to be held in 2005. DATES: Applications for essential use exemptions must be submitted to EPA no later than November 5, 2004 in order for the U.S. Government to complete its review and to submit nominations to the United Nations Environment Programme and the Protocol Parties in a timely manner. ADDRESSES: Send two copies of application materials to: Scott Monroe, Stratospheric Protection Division (6205J), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (For applications sent via courier service, use the following direct mailing address: 1310 L Street, NW., Washington, DC 20005.) *Confidentiality:* Application materials that are confidential should be submitted under separate cover and be clearly identified as “trade secret,” “proprietary,” or “company confidential.” Information covered by a claim of business confidentiality will be treated in accordance with the procedures for handling information claimed as confidential under 40 CFR part 2, subpart B, and will be disclosed only to the extent and by means of the procedures, set forth in that subpart. Please note that data will be presented in aggregate form by the United States as part of the nomination to the Parties. If no claim of confidentiality accompanies the information when it is received by EPA, the information may be made available to the public by EPA without further notice to the company (40 CFR 2.203). FOR FURTHER INFORMATION CONTACT: Scott Monroe at the above address, or by telephone at
(202)343-9712, by fax at
(202)343-2363, or by e-mail at *monroe.scott@epa.gov* . General information may be obtained from EPA's stratospheric protection Web site at *http://www.epa.gov/ozone* . SUPPLEMENTARY INFORMATION: Table of Contents I. Background on the Essential Use Nomination Process II. Information Required for Essential Use Applications for Production or Importation of Class I Substances in 2006 and 2007 I. Background—The Essential Use Nomination Process As described in previous **Federal Register**
(FR)documents, 1 the Parties to the Protocol agreed during the Fourth Meeting in Copenhagen on November 23-25, 1992, to accelerate the phaseout schedules for Class I ozone-depleting substances. Specifically, the Parties agreed that non-Article 5 Parties (that is, developed countries) would phase out the production and consumption of halons by January 1, 1994, and the production and consumption of other class I substances (under 40 CFR part 82, subpart A), except methyl bromide, by January 1, 1996. The Parties also reached decisions and adopted resolutions on a variety of other matters, including the criteria to be used for allowing “essential use” exemptions from the phaseout of production and importation of controlled substances. Decision IV/25 of the Fourth Meeting of the Parties details the specific criteria and review process for granting essential use exemptions. 1 58 *FR* 29410, May 20, 1993; 58 *FR* 52544, October 18, 1994; 60 *FR* 54349, October 23, 1995; 61 *FR* 51110, 0 30, 1996, 62 *FR* 51655, October 2, 1997; 63 *FR* 42629, August 10, 1998; 64 *FR* 50083, September 15, 1999; 65 *FR* 65377, November 1, 2000; and 200166 *FR* 56102, November 6, 2001. Decision IV/25, paragraph 1(a), states that “* * * a use of a controlled substance should qualify as “essential” only if:
(i)It is necessary for the health, safety or is critical for the functioning of society (encompassing cultural and intellectual aspects); and
(ii)there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health.” In addition, the Parties agreed “that production and consumption, if any, of a controlled substance, for essential uses should be permitted only if:
(i)All economically feasible steps have been taken to minimize the essential use and any associated emission of the controlled substance; and
(ii)the controlled substance is not available in sufficient quantity and quality from the existing stocks of banked or recycled controlled substances * * *.” Decision XII/2 taken at the twelfth meeting of the Parties states that any CFC metered dose inhaler
(MDI)product approved after December 31, 2000, is nonessential unless the product meets the criteria in Decision IV/25, paragraph 1(a). The first step in obtaining essential use allowances is for the user to consider whether the use of the controlled substance meets the criteria of Decision IV/25. If the essential use request is for an MDI product, that product must also meet the criteria of Decision XII/2. The user should then send a completed application in order to notify EPA of the candidate use and provide information for U.S. Government agencies and the Protocol Parties to evaluate that use according to the criteria under the Protocol. Upon receipt of the essential use exemption application, EPA reviews the information provided and works with other interested Federal agencies to determine whether it meets the essential use criteria and warrants being nominated by the United States for an exemption. In the case of multiple exemption requests for a single use, such as for MDIs, EPA aggregates exemption requests received from individual entities into a single U.S. request. An important part of the EPA review of requests for CFCs for MDIs is to determine that the aggregate request for a particular future year adequately reflects the total market need for CFC MDIs and expected availability of CFC substitutes by that point in time. If the sum of individual requests does not account for such factors, the U.S. Government may adjust the aggregate request to better reflect true market needs. Nominations submitted by the United States and other Parties are forwarded from the United Nations Ozone Secretariat to the Montreal Protocol's Technical and Economic Assessment Panel
(TEAP)and its Technical Options Committees (TOCs), which review the submissions and make recommendations to the Protocol Parties for essential use exemptions. Those recommendations are then considered by the Parties at their annual meeting for final decision. If the Parties declare a specified use of a controlled substance as essential, and issue the necessary exemption from the production and consumption phaseout, EPA may propose regulatory changes to reflect the decisions by the Parties, but only to the extent such action is consistent with the Clean Air Act (CAA or Act). Applicants should be aware that essential use exemptions granted to the United States under the Protocol in recent years have been limited to chlorofluorocarbons
(CFCs)for metered dose inhalers
(MDIs)to treat asthma and chronic obstructive pulmonary disease, and methyl chloroform for use in manufacturing solid rocket motors. As of January 1, 2005, methyl chloroform will no longer be eligible for essential use allowances under section 604(d)(1) of the Act. EPA is consulting with the Department of Defense to identify mission-critical uses for which methyl chloroform or other ozone-depleting substances may be needed in the future. The timing of the process described above is such that in any given year the Parties review nominations for essential use exemptions from the production and consumption phaseout intended for the following year and subsequent years. This means that, if nominated, applications submitted in response to today's notice for an exemption in 2006 and 2007 will be considered by the Parties in 2005 for final action. The quantities of controlled ODSs that are requested in response to this notice, if approved by the Parties to the Montreal Protocol in 2005, will then be allocated as essential use allowances
(EUAs)to the specific U.S. companies through notice and comment rulemaking, to the extent that such allocations are consistent with the Act. EUAs for the year 2006 will be allocated to U.S. companies at the end of 2005, and EUAs for the year 2007 will be allocated at the end of 2006. II. Information Required for Essential Use Applications for Production or Importation of Class I Substances in 2006 and 2007 Through this action, EPA requests applications for essential use exemptions for all class I substances, except methyl bromide, for calendar years 2006 and 2007. (EPA requests and considers applications for critical use exemptions for methyl bromide through a separate process.) This notice is the last opportunity to submit new or revised applications for 2006. This notice is also the first opportunity to submit requests for 2007. Companies will have an opportunity to submit new, supplemental, or amended applications for 2007 next year. All requests for exemptions submitted to EPA must present information as prescribed in the current version of the TEAP “Handbook on Essential Use Nominations” (or “handbook”), which was published in June 2001. The handbook is available electronically on the Web at *http://www.teap.org* , or at *http://www.epa.gov/ozone* . In brief, the TEAP Handbook states that applicants must present information on: • Role of use in society; • Alternatives to use; • Steps to minimize use; • Steps to minimize emissions; • Recycling and stockpiling; • Quantity of controlled substances requested; and • Approval date and indications (for MDIs). First, in order to obtain complete information from essential use applicants for CFC MDIs, EPA requires that any person who requests CFCs for multiple companies make clear the amount of CFCs requested for each member company. Second, all essential use applications for CFCs must provide a breakdown of the quantity of CFCs necessary for each MDI product to be produced. This detailed breakdown of EUAs will allow EPA and the Food and Drug Administration to make informed decisions on the amount of CFC to be nominated by the U.S. Government for the years 2006 and 2007. Third, all new drug application
(NDA)holders for CFC MDI products produced in the United States must submit a complete application for essential use allowances either on their own or in conjunction with their contract filler. In the case where a contract filler produces a portion of an NDA holder's CFC MDIs, the contract filler and the NDA holder must determine the total amount of CFCs necessary to produce the NDA holder's entire product line of CFC MDIs. The NDA holder must provide an estimate of how the CFCs would be split between the contract filler and the NDA holder in the allocation year. This estimate will be used only as a basis for determining the nomination amount, and may be adjusted prior to allocation of EUAs. Since the U.S. Government cannot forward incomplete or inadequate nominations to the Ozone Secretariat, it is important for applicants to provide all information requested in the Handbook, including the information specified in the Supplemental Research and Development form (page 45). The accounting framework matrix in the handbook entitled “Table IV: Reporting Accounting Framework for Essential Uses Other Than Laboratory and Analytical” requests data for the year 2004 on the amount of ODS exempted for an essential use, the amount acquired by production, the amount acquired by import, the amount on hand at the start of the year, the amount available for use in 2004, the amount used for the essential use, the quantity contained in exported products, the amount destroyed, and the amount on hand at the end of 2004. Because all data necessary for applicants to complete Table IV will not be available until after January 1, 2005, companies should not include this chart with their EUA applications in response to this notice. Instead, companies should provide the required data as specified in 40 CFR 82.13(u)(2). EPA must compile companies' responses to complete the U.S. CFC Accounting Framework for submission to the Parties to the Montreal Protocol by the end of January. EPA anticipates that the Parties' review of MDI essential use requests will focus extensively on the United States' progress in phasing out CFC MDIs, including efforts by pharmaceutical companies to research, develop, and market non-CFC products. Accordingly, applicants are strongly advised to present detailed information on this subject. Applicants should submit their exemption requests to EPA as noted in the ADDRESSES section above. Dated: September 28, 2004. Jeffrey R. Holmstead, Assistant Administrator, Office of Air and Radiation. [FR Doc. 04-22487 Filed 10-5-04; 8:45 am]
Connectionstraces to 10
7 references not yet in our index
  • Pub. L. 75-688
  • 15 USC 717-717w
  • 49 USC 20
  • 319 F.3d 522
  • 40 CFR 2
  • 40 CFR 82
  • 40 CFR 82.13(u)(2)
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cites case law
Notices
Notice
U.S.C.§ 3507
U.S.C.§ 825
C.F.R.§ 385.211
C.F.R.§ 154.210
C.F.R.§ 385.214
C.F.R.§ 157.10
C.F.R.§ 385.2001
U.S.C.§ 791
C.F.R.§ 385.210
F. App'x319 F.3d 522
Pub. L.Pub. L. 75-688
Cite15 USC 717-717w
Cites 17 · showing 12Cited by 0 across 0 sources
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